[Federal Register Volume 86, Number 153 (Thursday, August 12, 2021)]
[Notices]
[Pages 44461-44464]
[FR Doc No: 2021-17174]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92596; File No. SR-C2-2021-012]

Self-Regulatory Organizations; Cboe C2 Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Its Fees Schedule Relating to the Options Regulatory Fee

 August 6, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on August 2, 2021, Cboe C2 Exchange, Inc. (the ``Exchange'' or
``C2'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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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

    Cboe C2 Exchange, Inc. (the ``Exchange'' or ``C2 Options'')
proposes to amend its Fees Schedule relating to the Options Regulatory
Fee. The text of the proposed rule change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/options/regulation/rule_filings/ctwo/), at the Exchange's Office of the Secretary, 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 Exchange proposes to reduce the Options Regulatory Fee
(``ORF'') from $0.0004 per contract to $0.0003 per contract, effective
August 2, 2021, in order to help ensure that revenue collected from the
ORF, in combination with other regulatory fees and fines, does not
exceed the Exchange's total regulatory costs.
    The ORF is assessed by C2 Options to each Trading Permit Holder
(``TPH'') for options transactions cleared by the TPH that are cleared
by the Options Clearing Corporation (``OCC'') in the customer range,
regardless of the exchange on which the transaction occurs.\3\ In other
words, the Exchange imposes the ORF on all customer-range transactions
cleared by a TPH, even if the transactions do not take place on the
Exchange. The ORF is collected by OCC on behalf of the Exchange from
the Clearing Trading Permit Holder (``CTPH'') or non-CTPH that
ultimately clears the transaction. With respect to linkage
transactions, C2 Options reimburses its routing broker providing
Routing Services pursuant to C2 Options Rule 5.36 for options
regulatory fees it incurs in connection with the Routing Services it
provides.
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    \3\ The Exchange notes ORF also applies to customer-range
transactions executed during Global Trading Hours.
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    Revenue generated from ORF, when combined with all of the
Exchange's other regulatory fees and fines, is designed to recover a
material portion of the regulatory costs to the Exchange of the
supervision and regulation of TPH customer options business including
performing routine surveillances, investigations, examinations,
financial monitoring, and policy, rulemaking, interpretive, and
enforcement activities. Regulatory costs include direct regulatory
expenses and certain indirect expenses for work allocated in support of
the regulatory function. The direct expenses include in-house and
third-party service provider costs to support the day-to-day regulatory
work such as surveillances, investigations and examinations. The
indirect expenses include support from such areas as human resources,
legal, information technology, facilities and accounting. These
indirect expenses are estimated to be approximately 20% of C2's total
regulatory costs for 2021. Thus, direct expenses are estimated to be
approximately 80% of total regulatory

costs for 2021. In addition, it is Cboe Options' [sic] practice that
revenue generated from ORF not exceed more than 75% of total annual
regulatory costs.
    The Exchange monitors its regulatory costs and revenues at a
minimum on a semi-annual basis. If the Exchange determines regulatory
revenues exceed or are insufficient to cover a material portion of its
regulatory costs in a given year, the Exchange will adjust the ORF by
submitting a fee change filing to the Commission. The Exchange also
notifies TPHs of adjustments to the ORF via Exchange Notice.\4\ Based
on the Exchange's most recent semi-annual review, the Exchange is
proposing to reduce the amount of ORF that will be collected by the
Exchange from $0.0004 per contract side to $0.0003 per contract side.
The proposed decrease is based on the Exchange's estimated projections
for its regulatory costs, which have decreased, balanced with recent
options volumes, which has increased. For example, total options
contract volume in March 2021 was approximately 34% higher than the
total options contract volume in March 2020 and the total options
contract volume in June 2021 was approximately 25% higher than the
total options contract volume in June 2020.\5\ In fact, March 2021 was
the highest, and June 2021 was the second highest, options volume month
in the history of U.S. equity options industry.\6\ Below is also
industry data from OCC which illustrates the significant increase in
volume from January 2021 through March 2021.\7\ Moreover, the options
volume in the first quarter of 2021 was higher than the fourth quarter
of 2020.\8\ Also April and May 2021 volumes remain significantly high
as compared to 2020 options volume in general.\9\
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    \4\ The Exchange endeavors to provide TPHs with such notice at
least 30 calendar days prior to the effective date of the change.
The Exchange notified TPHs of the proposed rate change for August 2,
2021 on July 1, 2021. See Exchange Notice, C2021070103 ``Cboe
Options Exchanges Regulatory Fee Update Effective August 2, 2021.''
    \5\ See https://www.theocc.com/Newsroom/Press-Releases/2021/04-05-OCC-March-2021-Total-Volume-Up-34-8-Percent and https://www.theocc.com/Newsroom/Press-Releases/2021/07-02-OCC-June-2021-Total-Volume-Up-25-6-Percent-f.
    \6\ Id.
    \7\ See data from OCC at: https://www.theocc.com/Market-Data/Market-DataReports/Volume-and-Open-Interest/Volume-by-Account-Type.
    \8\ Id.
    \9\ Id.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                          Volume                              January 2021      February 2021        March 2021         April 2021          May 2021
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total....................................................        838,339,790        823,412,827        898,653,388        711,388,828        718,368,993
Customer.................................................        784,399,878        782,113,450        837,247,059        667,208,963        659,913,862
Total ADV................................................      44,123,146.84      43,337,517.20      39,071,886.40      33,875,658.50      35,918,449.70
Customer ADV.............................................      41,284,204.11      41,163,865.79      36,402,046.04      36,402,046.04      32,995,693.10
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    These expectations are estimated, preliminary and may change. There
can be no assurance that the Exchange's final costs for 2021 will not
differ materially from these expectations and prior practice, nor can
the Exchange predict with certainty whether options volume will remain
at the current level going forward. The Exchange notes however, that
when combined with the Exchange's other non-ORF regulatory fees and
fines, the revenue being generated by ORF using the current rate
results in revenue that is running in excess of the Exchange's
estimated regulatory costs for the year.\10\ Particularly, as discussed
above, the options market has seen a substantial increase in volume
over the first half of the year, up even from last year's unprecedented
spike in volatility and volume. This increase resulted in higher volume
than was originally projected by the Exchange (thereby resulting in
higher ORF revenue than projected). Moreover, in addition to projected
reductions in regulatory expenses, the Exchange experienced further
unanticipated reductions in costs, in connection with the continuing
COVID-19 pandemic (e.g., continued reduction in travel expenses).\11\
Accordingly, because revenue generated by the current ORF rates, when
combined with the Exchange's other non-ORF regulatory fees and fines,
is expected to exceed the Exchange's regulatory costs for the year, the
Exchange proposes to decrease its ORF rate. Particularly, the Exchange
believes that by decreasing the ORF, as amended, when combined with all
of the Exchange's other regulatory fees and fines, would allow the
Exchange to continue covering a material portion of its regulatory
costs, while lessening the potential for generating excess revenue that
may otherwise occur using the current rate.\12\
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    \10\ Consistent with Rule 2.2 (Regulatory Revenue), the Exchange
notes that notwithstanding the excess ORF revenue collected to date,
it has not used such revenue for nonregulatory purposes.
    \11\ The Exchange notes that in connection with proposed ORF
rate changes, it provides the Commission confidential details
regarding the Exchange's projected regulatory revenue, including
projected revenue from ORF, along with a breakout of its projected
regulatory expenses, including both direct and indirect allocations.
    \12\ The Exchange notes that its regulatory responsibilities
with respect to TPH compliance with options sales practice rules
have largely been allocated to FINRA under a 17d-2 agreement. The
ORF is not designed to cover the cost of that options sales practice
regulation.
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    The Exchange will continue to monitor the amount of revenue
collected from the ORF to ensure that it, in combination with its other
regulatory fees and fines, does not exceed the Exchange's total
regulatory costs.
    The Exchange lastly proposes to update two outdated rule references
in the notes under the Options Regulatory Fee section of the Fees
Schedule (i.e., C2 Options Rule 6.15 and Cboe Options Rule 15.1).
First, the Exchange notes that it recently updated various rule numbers
in its Rulebook to better align with the Rulebook of its affiliate Cboe
Exchange, Inc. (``Cboe Options''), including former C2 Options Rule
6.15 which was renumbered to C2 Options Rule 5.36.\13\ Similarly, Cboe
Options had reorganized its Rulebook during its technology migration
which resulted in a number of rules being relocated to different rule
numbers, including Cboe Options Rule 15.1 which was renumbered to Cboe
Options Rule 7.1.\14\ The Exchange inadvertently did not update these
corresponding rule references in the Fees Schedule when those updates
were first made and seeks to do so now. As such, the Exchange proposes
to (i) update the rule reference to C2 Options Rule 6.15 to C2 Options
Rule 5.36 and (ii) update the rule reference to Cboe Options Rule 15.1
to Cboe Options Rule 7.1 in the Fees Schedule.
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    \13\ See Exchange Act Release No. 92051 (May 27, 2021), 86 FR
29852 (June 3, 2021) (SR-C2-2021-009).
    \14\ See Exchange Act Release No. 87216 (October 3, 2019), 84 FR
54234 (October 9, 2019) (SR-CBOE-2019-073).
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of

Section 6(b) of the Act.\15\ Specifically, the Exchange believes the
proposed rule change is consistent with Section 6(b)(4) of the Act,\16\
which provides that Exchange rules may provide for the equitable
allocation of reasonable dues, fees, and other charges among its TPHs
and other persons using its facilities. Additionally, the Exchange
believes the proposed rule change is consistent with the Section
6(b)(5) \17\ requirement that the rules of an exchange not be designed
to permit unfair discrimination between customers, issuers, brokers, or
dealers.
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    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(4).
    \17\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes the proposed fee change is reasonable because
customer transactions will be subject to a lower ORF fee than the
current rate. Moreover, the proposed reduction is necessary in order to
lessen the potential that the Exchange collects revenue in excess of
its anticipated regulatory costs, in combination with other regulatory
fees and fines, which is consistent with the Exchange's practices. The
Exchange had designed the ORF to generate revenues that would be less
than or equal to 75% of the Exchange's regulatory costs, which is
consistent with the view of the Commission that regulatory fees be used
for regulatory purposes and not to support the Exchange's business
operations. As discussed above, however, after its semi-annual review
of its regulatory costs and regulatory revenues, which includes
revenues from ORF and other regulatory fees and fines, the Exchange
determined that absent a reduction in ORF, it would be collecting
revenue in excess of 75% of its regulatory costs. Indeed, the Exchange
notes that when taking into account the recent options volume, coupled
with the projected reduction in regulatory costs, it estimates the ORF
will generate revenues that would cover more than the approximated 75%
of the Exchange's projected regulatory costs. Moreover, when coupled
with the Exchange's other regulatory fees and revenues, the Exchange
estimates ORF to generate over 100% of the Exchange's projected
regulatory costs. As such, the Exchange believes it's reasonable and
appropriate to decrease the ORF amount from $0.0004 to $0.0003 per
contract side.
    The Exchange also believes the proposed fee change is equitable and
not unfairly discriminatory in that it is charged to all TPHs on all
their transactions that clear in the customer range at the OCC. The
Exchange believes the ORF ensures fairness by assessing higher fees to
those TPHs that require more Exchange regulatory services based on the
amount of customer options business they conduct. Regulating customer
trading activity is much more labor intensive and requires greater
expenditure of human and technical resources than regulating non-
customer trading activity, which tends to be more automated and less
labor-intensive. For example, there are costs associated with main
office and branch office examinations (e.g., staff and travel
expenses), as well as investigations into customer complaints and the
terminations of Registered persons. As a result, the costs associated
with administering the customer component of the Exchange's overall
regulatory program are materially higher than the costs associated with
administering the non-customer component (e.g., TPH proprietary
transactions) of its regulatory program.\18\ Moreover, the Exchange
notes that it has broad regulatory responsibilities with respect to its
TPHs' activities, irrespective of where their transactions take place.
Many of the Exchange's surveillance programs for customer trading
activity may require the Exchange to look at activity across all
markets, such as reviews related to position limit violations and
manipulation. Indeed, the Exchange cannot effectively review for such
conduct without looking at and evaluating activity irregardless of
where it transpires. In addition to its own surveillance programs, the
Exchange also works with other SROs and exchanges on intermarket
surveillance related issues. Through its participation in the
Intermarket Surveillance Group (``ISG'') \19\ the Exchange shares
information and coordinates inquiries and investigations with other
exchanges designed to address potential intermarket manipulation and
trading abuses. Accordingly, there is a strong nexus between the ORF
and the Exchange's regulatory activities with respect to its TPH's
customer trading activity.
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    \18\ If the Exchange changes its method of funding regulation or
if circumstances otherwise change in the future, the Exchange may
decide to modify the ORF or assess a separate regulatory fee on TPH
proprietary transactions if the Exchange deems it advisable.
    \19\ ISG is an industry organization formed in 1983 to
coordinate intermarket surveillance among the SROs by cooperatively
sharing regulatory information pursuant to a written agreement
between the parties. The goal of the ISG's information sharing is to
coordinate regulatory efforts to address potential intermarket
trading abuses and manipulations.
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    Lastly, the Exchange believes updating outdated rulebook cross-
references in the Fees Schedule to reflect current rule numbers
maintains clarity in the Fees Schedule, as well as reduces potential
confusion, thereby removing impediments to and perfecting the mechanism
of a free and open market and a national market system, and, in
general, protecting investors and the public interest.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. This proposal does not create
an unnecessary or inappropriate intra-market burden on competition
because the ORF applies to all customer activity, thereby raising
regulatory revenue to offset regulatory expenses. It also supplements
the regulatory revenue derived from non-customer activity. The Exchange
notes, however, the proposed change is not designed to address any
competitive issues. Indeed, this proposal does not create an
unnecessary or inappropriate inter-market burden on competition because
it is a regulatory fee that supports regulation in furtherance of the
purposes of the Act. The Exchange is obligated to ensure that the
amount of regulatory revenue collected from the ORF, in combination
with its other regulatory fees and fines, does not exceed regulatory
costs.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \20\ and paragraph (f) of Rule 19b-4 \21\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule

change should be approved or disapproved.
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    \20\ 15 U.S.C. 78s(b)(3)(A).
    \21\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-C2-2021-012 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 No. SR-C2-2021-012. 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 website (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 website 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. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File No. SR-C2-2021-012, and should be submitted on or
before September 2, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
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    \22\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-17174 Filed 8-11-21; 8:45 am]
BILLING CODE 8011-01-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C. 20460

	OFFICE OF PREVENTION, PESTICIDES

                   AND TOXIC SUBSTANCES

  SEQ CHAPTER \h \r 1 MEMORANDUM

Date:  March 15, 2011

SUBJECT:  Bromoxynil.  Benchmark Dose Analysis on Supernumerary Ribs in
Three Developmental Toxicity Studies

PC Code:  035301, 035302	DP Barcode:   D374609

Decision No.: 425581	Registration No.: 264-1023

Petition No.: 9F7678	Regulatory Action: Section 3 Registration

Risk Assessment Type: Single Chemical/ Aggregate	Case No.: 2070

TXR No.:  0055648	CAS No.: 1689-84-5, 1689-99-2

MRID No.:  00116558, 40466802	40 CFR: 180.324

FROM:	  SEQ CHAPTER \h \r 1 Myron S. Ottley, Ph.D., Senior Biologist

		Risk Assessment Branch III (RAB3)

		Health Effects Division (HED) (7509P)

THROUGH:	Paula Deschamp, Branch Chief

		Risk Assessment Branch III (RAB3)

		Health Effects Division (HED) (7509P)

TO:		Bethany Benbow, RM#23

		Registration Division (7505P)

I.	BACKGROUND

In the previous risk assessment (D246944.mem, B. Madden 6/24/1998),
dose-response data on supernumerary ribs from three studies were
considered together in hazard characterization and hazard
identification.  Specifically, a NOAEL of 4 mg/kg/day from Rubin and
Nyska (1982) was combined with a LOAEL of 5 mg/kg/day from Baker &
Cropping (1981).  Based on this combined evaluation, the previous
assessment described concern over the steepness of the dose-response
curve and as a result the FQPA 10X Safety Factor was retained.  In the
last few years, HED has increased its use of benchmark dose (BMD)
analysis in risk assessment.  In an effort to better characterize the
dose response relationship for supernumerary ribs in rat fetuses, a BMD
analysis was conducted on Studies A, B and C at EPA’s National Center
for Environmental Assessment by statistician Jeff Gift, Ph.D., using the
fetal and/or litter data available from each study report using EPA’s
Benchmark Dose Software (BMDS, Version 2.). NCEA provided the full
analysis for each study (including the BMD outputs and plots).  Only the
plots for the best BMDS run for each study presented in this memo.
However, the complete results of all analyses are presented as
attachments to this memo.

Briefly, because of the nature of the data available from each study,
different BMD analyses were conducted for each.  These are relatively
old studies and the individual pup data were not available for 2 of 3
studies.  In the case of developmental studies, it is typical for the
responses of pups in the same litter to be more similar to each other
than to the responses of pups in different litters (“intra-litter
correlation”, or “litter-effect”).  When conducting BMD analyses
of developmental studies, nested models are the preferred approach since
these models incorporate two parameters to address this issue:
litter-specific covariate (LSC) and intra-litter correlation (ILC).  The
highest confidence analysis is for the Rubin & Nyska study (study A)
where individual fetus data were available and a nested analysis was
completed.  The lack of individual animal data for the other two studies
(B & C) impacts the degree of confidence on the BMD analysis.    HED
can, however, use the BMD analysis of all three studies to provide an
improved evaluation of the dose response curve compared with that
performed in the previous risk assessment, and thus inform the magnitude
of the FQPA SF.

II.	SUMMARY of RESULTS

Study	Analysis	BMD mg/kg/day

BMDL mg/kg/day	Comment

Study A

(Rubin & Nyska 1982)

	nested dichotomous data analysis, using individual litter and fetus
data	13.66

8.34

	Availability of individual data from both litters and fetuses allows
integration of both into the same analysis

Study B

(Baker & Cropping 1981)

 	dichotomous data analysis, using the litter as the subject and #
litters with anomalies as the response	1.06

0.75

	Lack of individual litter and fetus data disallows any accounting for
litter variation or inter-litter correlation; this is the lowest
confidence BMD run

Study C

(Rogers et al. 1991)	continuous data analysis, using mean percent/litter
9.80

8.86

	Lack of individual litter and fetus data disallows any accounting for
litter variation or inter-litter correlation.  Analysis is based on mean
data only.

Study A:  Rubin & Nyska (1982)

The current DER states that the NOAEL and LOAEL for this study are 4
mg/kg/day and 12.5 mg/kg/day, respectively.  The data-set for this study
included both individual litter and individual fetus data, which allows
for the “nested dichotomous” analysis.  This analysis produced high
confidence results.  The benchmark response of 5% ‘extra risk’
(i.e., incidence above the background) was used here. The use of a BMR5
is normally used for developmental endpoints.  It is notable that the
BMD5 and BMDL5 are both higher than the NOAEL of 4 mg/kg/day.

Study B: Baker and Cropping (1981)

There is low confidence in the results of the Study B analysis because
the data needed for meaningful and reliable analysis, such as individual
animal and litter variation, were not available from the study,
rendering the data less reliable.  However, visual inspection of the
graph shows large variability of the data, suggesting that there is no
meaningful difference between the control group and the low dose level
(5 mg/kg/day).

Study C: Rogers et al (1991)

Similar to Baker and Cropping (1981), the individual pup data are not
available, thus limiting the utility of the BMD values.  However, visual
inspection of the plots shows a shallow dose-response relationship at
the low and mid dose such that the effects at the mid dose are not
meaningfully different from the control or low dose.

III.	DISCUSSION

The previous risk assessment used study A and study B as co-critical
studies and established the NOAEL of 4 mg/kg/day based on study A, and
the LOAEL of 5 mg/kg/day based on Study B.  These values suggest a very
steep dose-response curve, which provided the basis for the retaining of
the 10X FQPA factor.

Since that time, use of BMD analyses in HED assessment has accelerated,
and the RAB3 Risk Assessment Team considered this as a good opportunity
to use a more refined dose-response approach.  BMD modeling uses the
entire dose-response curve, considers the variability of the entire
data-set, and takes sample size into account instead of just looking at
a single point (NOAEL or LOAEL) for establishing a point of departure.
Thus, BMD modeling provides an objective re-consideration of the
available dose-response data.

Study A provided the individual fetal and litter data needed to assess
changes in incidence/litter of supernumerary ribs with dose level,
allowing a nested approach to analysis which integrates litter and fetal
data.  For the two studies without individual animal data (B and C),
visual inspection of the graphs suggest that the dose-response curves
are more shallow than previously interpreted. As such, this analysis
reduces, if not alleviates, the previous concern over the steepness of
the dose-response curve related to the supernumerary ribs and retention
of the FQPA 10X.  At this time, the RAB3 Team has concluded that HED can
have confidence in the NOAEL of 4 mg/kg/day and use it as the point of
departure for supernumerary ribs, without the need to retain a 10X FQPA
factor.

It is important to note that this analysis is limited to a single
endpoint and was conducted for the purpose of evaluating the
dose-response data only from the supernumerary ribs and thus may not
appropriate for use in setting other points of departure.  Specifically,
the BMDL5 of 8.34 mg/kg/day it is not protective of the decreased body
weight gain observed at 5 mg/kg/day in F1 and F2 parents in a
multi-generational reproduction study,  or the decreased body weight
gain, panting and liquid feces in female dogs at 5 mg/kg/day in a 90-day
oral toxicity study.

IV.	ATTACHMENTS

 Jeff Gift cover email

BandC 1981  -- BMD analysis of Baker & Cropping (1981) study data

Rand1982-BMR05 – BMD analysis of Rubin & Naska (1982) study data

Rand1982-BMR10 – BMD analysis of Rubin & Naska (1982) study data

Rogers1981-1Std – BMD analysis of Rogers, Francis et al. (1991) study
data

Data set MRID 00116558  Baker & Cropping 1981

Data set MRID 40466802  Rubin & Nyska 1982

Data set Rogers Francis et al 1981

Page   PAGE  3  of   NUMPAGES  5


STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 37

RHODE ISLAND’S LOW EMISSIONS VEHICLE PROGRAM

Effective 5 June 1996

Last Amended  19 July 2007

AUTHORITY:	These regulations are authorized pursuant to R.I. Gen. Laws
§ 42-17.1-2(s) and 23-23, as amended, and have been promulgated
pursuant to the procedures set forth in the R.I. Administrative
Procedures Act, R.I. Gen. Laws Chapter 42-35.

RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 37

RHODE ISLAND'S LOW EMISSIONS VEHICLE PROGRAM

TABLE OF CONTENTS

  TOC \o "1-3" \h \z \u    HYPERLINK \l "_Toc168794499"  37.1
Definitions	  PAGEREF _Toc168794499 \h  1

  HYPERLINK \l "_Toc168794500"  37.2	Applicability	  PAGEREF
_Toc168794500 \h  2

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 RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 37

RHODE ISLAND'S LOW EMISSIONS VEHICLE PROGRAM

37.1 Definitions

Unless otherwise expressly defined in this section, the terms used in
this regulation shall be defined by reference to the Rhode Island Air
Pollution Control General Definitions Regulation.  As used in this
regulation, the following terms shall, where the context permits, be
construed as follows:

37.1.1	"Air contaminant emission control system" means the equipment
designed for installation on a motor vehicle or motor vehicle engine for
the purpose of reducing the air contaminants emitted from the motor
vehicle or motor vehicle engine or a system or engine modification on a
motor vehicle which causes a reduction of air contaminants emitted from
the motor vehicle engine, including but not limited to exhaust control
systems, fuel evaporation control systems and crankcase ventilating
systems.

37.1.2	"AT-PZEV" means an advanced technology partial zero emission
vehicle.

37.1.3	"California Air Resources Board" or "CARB" means the California
State agency established and empowered to regulate sources of air
pollution in California, including motor vehicles, pursuant to
California health & safety code sections 39500 et seq.

37.1.4	"California Standards" means those emission standards for motor
vehicles and new motor vehicle engines that the state of California has
adopted and is permitted to adopt pursuant to the authority of 42
U.S.C.A. Section 7543 and which other states are permitted to adopt
pursuant to 42 U.S.C.A. Section 7507, in force and effect at the time
of the adoption of these regulations.

37.1.5	"CCR" shall mean the California Code of Regulations

37.1.6	"Certification" means a finding by CARB that a motor vehicle,
motor vehicle engine, or air contaminant emission control system has
satisfied the criteria adopted by CARB for the control of specified air
contaminants from motor vehicles.

37.1.7	"Certified device" means an air contaminant emission control
system for which a certification has been issued by CARB or the
Department.

37.1.8	"Dealer" means any person engaged in the business of selling,
offering to sell, soliciting or advertising the sale of new vehicles who
holds a valid sales and service agreement, franchise or contract,
granted by the manufacturer or distributor for the retail sale of said
manufacturer's or distributor's new vehicles.

37.1.9	"Emergency Vehicles" means any publicly owned vehicle operated by
a peace officer in performance of their duties, any authorized emergency
vehicle used for fighting fires or responding to emergency fire calls,
any publicly owned authorized emergency vehicle used by an emergency
medical technician or paramedic, or used for towing or servicing other
vehicles, or repairing damaged lighting or electrical equipment, any
motor vehicle of mosquito abatement, vector control, or pest abatement
agencies and used for those purposes, or any ambulance used by a private
entity under contract with a public agency.

37.1.10	"Emission standard" means specified limitations on the discharge
of air contaminants into the atmosphere.

37.1.11	"Executive order" means a document issued by CARB certifying
that a specified test group or model year vehicle has met all applicable
Title 13 CCR requirements for certification and sale in California.

37.1.12	"Fleet-wide average" means a motor vehicle manufacturer's
average vehicle emissions of all non-methane organic gases from all
vehicles subject to this regulation, produced and delivered for sale in
Rhode Island in any model year, based on the calculation in Title 13 CCR
1961, and incorporated herein by reference.

37.1.13	“Greenhouse gas” means any of the following gasses: carbon
dioxide, methane, nitrous oxide, and hydrofluorocarbons.

37.1.14	“Heavy-duty vehicle” means any motor vehicle having a
manufacturer’s gross vehicle weight rating greater than 6,000 pounds,
except passenger cars.

37.1.15	"Light-duty truck" means any 2000 and subsequent model motor
vehicle rated at 8,500 pounds gross vehicle weight or less, and any
other motor vehicle rated at 6,000 pounds gross vehicle weight or less,
that is designed primarily for purposes of transportation of property or
is a derivative of such a vehicle, or is available with special features
enabling off-street or off-highway operation and use.

 "LDT1" means a light-duty truck with a loaded vehicle weight of 0-3750
pounds.

 "LDT2" means a "LEV II" light-duty truck with a loaded vehicle weight
of 3751 to a gross vehicle weight of 8500 pounds or a "LEV I" light-duty
truck with a loaded vehicle weight of 3751-5750 pounds.

37.1.16	"LEV" means a low emissions vehicle.

37.1.17	"Mail Out" means a widely distributed general correspondence
issued by CARB whenever said board needs information from the public, or
when it wishes to inform the public of new information.

37.1.18	"Manufacturers advisory correspondence" means a document issued
by CARB, which is a policy interpretation for further clarification of
the CCR applicable to motor vehicles.

37.1.19	“Medium-duty passenger vehicle” means any medium-duty
vehicle with a gross vehicle weight rating of less than 10,000 pounds
that is designed primarily for the transportation of persons. The
medium-duty passenger vehicle definition does not include any vehicle
which: (1) is an “incomplete truck” i.e., is a truck that does not
have the primary load carrying device or container attached; or (2) has
a seating capacity of more than 12 persons; or (3) is designed for more
than 9 persons in seating rearward of the driver’s seat; or (4) is
equipped with an open cargo area of 72.0 inches in interior length or
more. A covered box not readily accessible from the passenger
compartment will be considered an open cargo area, for purposes of this
definition.

37.1.20	“Medium-duty vehicle” means any pre-1995 model year
heavy-duty vehicle having a manufacturer’s gross vehicle weight rating
of 8,500 pounds or less; any 1992 through 2006 model year heavy-duty
low-emission, ultra-low-emission, super-ultra-low-emission or
zero-emission vehicle certified to the standards in section 1960.1(h)(2)
of Title 13 CRR having a manufacturer’s gross vehicle weight rating of
14,000 pounds or less; any 1995 through 2003 model year heavy-duty
vehicle certified to the standards in section 1960.1(h)(1) of Title 13
CRR having a manufacturer’s gross vehicle weight rating of 14,000
pounds or less; and any 2000 and subsequent model heavy-duty
low-emission, ultra-low-emission, super-ultra-low-emission or
zero-emission vehicle certified to the standards in Section 1961(a)(1)
or 1962 of Title 13 CRR having a manufacturer’s gross vehicle weight
rating between 8,501 and 14,000 pounds.

37.1. 21	"Model year" means a motor vehicle manufacturer's annual
production period which includes January 1 of a calendar year or, if the
manufacturer has no annual production period, the calendar year.  In the
case of any vehicle manufactured in two or more stages, the time of
manufacture shall be the date of completion of the chassis.

37.1.22	"Motor Vehicle" means a vehicle which is self-propelled but does
not include a self-propelled wheelchair, invalid tricycle, or motorized
quadricycle, if operated by a person who, by reason of physical
disability, is otherwise unable to move about as a pedestrian.

37.1.23	"Neighborhood Electric Vehicle" or "NEV" means a motor vehicle
that meets the definition of "low speed vehicle" either in section 385.5
of the California Vehicle Code or in CFR 571.500 (as it existed on July
1, 2000), and is certified to zero-emission vehicle standards.

37.1.24	"New vehicle" means any passenger car or light duty truck with
7,500 miles or fewer on its odometer.

37.1.25	"NMOG" means non-methane organic gas.

37.1.26	"Passenger car" means any motor vehicle designed primarily for
transportation of persons and having a design capacity of twelve persons
or less.

37.1.27	"PZEV" means partial zero emission vehicle.

37.1.28	"Recall" means:

(a)	A manufacturer's issuing of notices directly to consumers that
vehicles in their possession or control should be corrected, or;

(b)	A manufacturer's efforts to actively locate and correct vehicles in
the possession or control of consumers.

37.1.29	"Recall campaign" means that plan approved by CARB or the
Department, by which the manufacturer will effect the recall of
non-complying vehicles.

37.1.30	"Test Group" means a grouping of vehicles as defined by
40 CFR 86.1827-01.

37.1.31	"Test vehicle" means an experimental or prototype motor vehicle
which appears to have very low emission characteristics or a used motor
vehicle within which an experimental motor vehicle pollution control
device is installed, and which has also received a test vehicle or fleet
permit from CARB pursuant to Manufacturers Advisory Correspondence no.
83-01.

37.1.32	"Ultimate purchaser" means, with respect to any new motor
vehicle or new motor vehicle engine, the first person who in good faith
purchases a new motor vehicle or new motor vehicle engine for purposes
other than resale.

37.1.33	"Used motor vehicle" means motor vehicle that is not a new motor
vehicle.

37.1.34	"ZEV" means a zero emission vehicle.

37.2	Applicability

The Department hereby adopts the sections of the California Low Emission

Vehicle program applicable to passenger cars, light-duty trucks and
medium-duty vehicles under Title 13 CCR.

	37.2.2	This regulation shall apply to all 2008 model year and
subsequent model year

	passenger cars , light-duty trucks, and 2009 model year and subsequent
model year medium-duty vehicles sold, leased, offered for sale or lease,
imported, delivered, purchased, rented, acquired, received, or
registered in the State of Rhode Island.

37.2.3		The greenhouse gas emission standards of Title 13 CRR 1961.1 and
related provisions of this regulation shall apply to all 2009 and
subsequent model year passenger cars, light-duty trucks and medium-duty
passenger vehicles sold, leased, offered for sale or lease, imported,
delivered, purchased, rented, acquired received or registered, in the
State of Rhode Island.

37.2.4	All technical guidance issued by CARB relative to the
implementation of Title 13 CCR, including but not limited to
Manufacturers Advisory Correspondences and Mail Outs shall be applicable
to all vehicles subject to this regulation.

37.3 Emissions Requirements and Credits

	37.3.1	No person shall sell, import, deliver, purchase, lease, rent,
acquire, receive, or register a new vehicle subject to this regulation
in the State of Rhode Island that has not received a CARB Executive
Order for all applicable requirements of Title 13 CCR 1900, 1960.1,
1960.5, 1961, 1961.1, 1962, 1962.1, 1965, 1968.1, 1968.2, 1968.5, 1976,
1978, 2037, 2038, 2062, 2101, 2111, and 2235, incorporated herein by
reference, unless the vehicle is sold directly from one dealer to
another dealer, sold for the purpose of being wrecked or dismantled,
sold exclusively for off-highway use, or sold for registration out of
state, and except as provided in section 37.3.7.

37.3.2	It is conclusively presumed under this regulation that the
equitable or legal title to any motor vehicle with an odometer reading
of 7,500 miles or more has been transferred to an ultimate purchaser and
that the equitable or legal title to any motor vehicle with an odometer
reading of less than 7,500 miles has not been transferred to an ultimate
purchaser.

	37.3.3	Fleet-wide Average NMOG Requirements

	(a)  Effective model year 2008, and for each subsequent model year,
compliance with the Fleet-wide Average Non-Methane Organic Gas Exhaust
Emission Requirement in Rhode Island, as set forth at Title 13 CCR 1961,
shall be demonstrated for each motor vehicle manufacturer according to
the procedures in Title 13 CCR 1961, and shall be based on the number of
vehicles, subject to this regulation, produced and delivered for sale by
each manufacturer in the State of Rhode Island. The Department shall
provide that emission credits and debits, based on the number of
vehicles, subject to this regulation, produced and delivered for sale by
each manufacturer, in the State of Rhode Island, may be accrued and
utilized by each vehicle manufacturer pursuant to the procedures set
forth at Title 13 CCR 1961.

	(b)  In model years 2008 through 2010, manufacturers can earn NMOG
credits in Rhode Island in accordance with the procedures set forth in
Title 13 CCR 1961(c).  Notwithstanding the requirement in section
37.3.3(a) that compliance be demonstrated for each model year,
manufacturers may demonstrate compliance with the Fleet-wide Average
NMOG Exhaust Emission Requirement in Rhode Island for model years 2008
through 2010 following the 2010 model year and may apply NMOG credits
earned during any of the model years 2008 through 2010 when
demonstrating compliance.

37.3.4 ZEV Requirements

Each manufacturer shall comply with the Zero Emission Vehicle sales
requirement in Rhode Island and based on Rhode Island total vehicle
sales, as set forth in Title 13 CCR 1962. Compliance with the Zero
Emission Vehicle sales requirement shall be required for model year 2008
and subsequent model years.

	37.3.5  ZEV Credit Account Balances

(a)  Manufacturers may voluntarily establish ZEV credit account balances
by transferring ZEV credit balances for each ZEV credit account
maintained in California from California to Rhode Island at the
beginning of model year 2008.  This transfer will be performed only
after all credit obligations for model years 2007 and earlier have been
satisfied in California.  The manufacturer's California credit balances
shall be multiplied by the ratio of the average number of PCs and LDT1s
produced and delivered for sale in Rhode Island to the average number
PCs and LDT1s produced and delivered for sale in California in model
years 2000 through 2002 or, alternatively, by the ratio of PCs and LDT1s
produced and delivered for sale in Rhode Island to PCs and LDT1s
produced and delivered for sale in California in model year 2008.  In
either case, the time period used to determine the credit transfer ratio
will also be used to determine model year 2008 ZEV sales requirements in
Rhode Island.

(b)  As an alternative to the credit transfer method in section
37.3.5(a), manufacturers may voluntarily establish ZEV credit balances
by transferring ZEV credit balances for each ZEV credit account
maintained in California from California to Rhode Island that existed at
the beginning of model year 2005. The manufacturer's California credit
balances shall be multiplied by the ratio of the average number of PCs
and LDT1s produced and delivered for sale in Rhode Island to the average
number of PCs and LDT1s produced and delivered for sale in California in
model years 2000 through 2002 or, alternatively, by the ratio of PCs and
LDT1s produced and delivered in Rhode Island to PCs and LDT1s produced
and delivered in California in model year 2005. This transfer will be
performed only after all credit obligations for model years 2004 and
earlier have been satisfied in California. If the average number of PCs
and LDT1s produced and delivered in 2000 through 2002 is used to
determine the credit transfer ratio, that time period will be used to
determine the model year 2008 ZEV sales requirement.  If the number of
PCs and LDT1s produced and delivered in model year 2005 is used to
determine the credit transfer ratio, model year 2008 will be used to
determine model year 2008 ZEV requirements.

(c)  Each ZEV credit account established under section 37.3.5(b) shall
be adjusted by subtracting any credit expenditures in California in
model years 2005 through 2007. The credit expenditure adjustment will
equal the difference between the model year 2008 California ZEV credit
account balance and the model year 2005 California ZEV credit account
balance, multiplied by the ZEV credit account transfer ratio determined
in accordance with section 37.3.5(b).  This calculation shall be
performed only after all credit obligations for model years 2007 and
earlier have been satisfied in California.  If the model year 2008
credit balance for an account is equal to or greater than the model year
2005 credit balance for the account, no credit expenditure adjustment
shall be made.

(d)  All ZEV credit accounts established under section 37.3.5(b) shall
be adjusted by adding ZEV credits earned in Rhode Island in model years
2005 through 2007.   Rhode Island ZEV credits are determined in
accordance with California ZEV credit rules for the same model year and
are subject to the same multipliers.  Credits earned in accordance with
this section are also subject to an additional Rhode Island multiplier
of 1.25.

(e)  AT-PZEV credit accounts established under section 37.3.5(b) may be
adjusted by adding excess PZEV credits earned in California and applied
as AT-PZEV credits under Title 13 CCR 1962(b)(2)(D).  AT-PZEV credits
shall be transferred using the ZEV credit account transfer ratio
determined in accordance with section 37.3.5(b).  AT-PZEV credits may be
used for meeting a manufacturer's ZEV obligations during model years
2008 and 2009.

(f)  Each manufacturer electing to transfer credits under section
37.3.5(b) shall offer for sale or lease in model years 2006 through 2011
in Rhode Island any PZEV, AT-PZEV, or ZEV, except Type III ZEVs, offered
in California through model year 2011 in accordance with Title 13 CCR
1962(b)(2), that is offered for sale or lease in California. To comply
with this requirement, manufacturers shall make a good faith effort to
offer vehicles in numbers that are approximately equal to the ratio of
sales demand in Rhode Island to the sales demand in California.

(g)  Type III ZEVs produced and delivered for sale in Rhode Island,
California and any state that is administering the California ZEV
requirement pursuant to section 177 of the federal Clean Air Act may be
credited as allowed by Title 13 CCR 1962(d)(5)(D).  Type III ZEVs
produced and delivered for sale in California and any state that is
administering the California ZEV requirement pursuant to section 177 of
the federal Clean Air Act shall not be subject to the credit account
transfer ratio calculated in sections 37.3.5 (a) through (d).

(h)  Each manufacturer electing to transfer credits under section
37.3.5(b) shall notify the Department of its intent to do so within 60
days of the effective date of this regulation.

(i)  Until such time as NEVs can be legally registered in Rhode Island,
manufacturers that generate ZEV credits in California through the sale
of NEVs shall receive Rhode Island credits for those sales.  Credits
will be transferred annually using the ZEV credit account transfer ratio
determined in accordance with either section 37.3.5(a) or 37.3.5(b), as
applicable to the manufacturer.  For manufacturers electing to transfer
credits under section 37.3.5(b), NEV credits will be transferred
beginning in model year 2005.

37.3.6  Anti-tampering Provisions

(a)  No person shall disconnect, modify, or alter any emission-related
part, except for purposes of repair or replacement.

(b)  No person shall operate or leave standing upon any highway any
motor vehicle subject to this regulation and required to be equipped
with an emission control device meeting the standards of this
regulation, or subject to the motor vehicle pollution control device
requirements pursuant to the Clean Air Act, 42 U.S.C. Section 7401 et
seq., inclusive, and the standards and requirements promulgated
thereunder, unless the motor vehicle is equipped with the required motor
vehicle pollution control device which is correctly installed and in
operating condition.

	37.3.7  Exemptions

(a)  Motor vehicles held for daily lease or rental to the general public
or engaged in interstate commerce which are registered and principally
operated outside the State of Rhode Island, shall not be subject to the
requirements of sections 37.3.

	(b)  Motor vehicles defined as test vehicles, as emergency vehicles, or
qualifying for exemption under Section 43656 of the California Health
and Safety Code, incorporated herein by reference, shall not be subject
to the requirements of sections 37.3.

	(c)  Motor vehicles purchased by a nonresident prior to establishing
residency in the State of Rhode Island; or

	(d)  Motor vehicles transferred by inheritance, or by decree of
divorce, dissolution or legal separation entered by a court of competent
jurisdiction; or

	(e)  Motor vehicles acquired by a resident of the State for the purpose
of replacing a vehicle registered to said resident which was damaged or
inoperative, beyond reasonable repair, or was stolen while out of the
State; provided that such replacement vehicle is acquired out of the
state at the time the previously registered vehicle became damaged or
inoperative, beyond reasonable repair, or was stolen.

37.4  Vehicle Testing

	37.4.1  New Vehicle Certification Testing

(a)  All new vehicle models subject to this regulation, sold or leased
in the State of Rhode Island, must be certified as meeting the motor
vehicle emission requirements of Title 13 CCR 1960.1, 1960.5, 1961,
1961.1, 1962, 1962.1, 1965, 1968.1, 1968.2, 1968.5, 1976, 1978, 2037,
2038, 2062, 2101, 2111, and 2235, incorporated herein by reference, as
determined by testing conducted in accordance with the testing
procedures incorporated in said Section of Title 13. Testing reports
must be provided to the Department upon request.

	(b)  For the purposes of compliance with section 37.4.1(a), New Vehicle
Certification Testing determinations and findings made by CARB shall be
applicable.

	37.4.2  Assembly Line Testing.

(a)  All manufacturers of new vehicles subject to this regulation, shall
conduct Inspection Testing and Quality Audit Testing in accordance with
Title 13 CCR 2062, and incorporated herein by reference. Testing reports
must be provided to the Department upon request.

(b)  For the purposes of compliance with section, 37.4.2(a) Inspection
Testing and Quality Audit Testing determinations and findings made by
CARB shall be applicable.

(c)  In the event that a vehicle manufacturing facility which
manufactures vehicles certified to the California standards, for sale in
Rhode Island, is not subject to the above Inspection Testing and Quality
Audit Testing requirements of CARB, the Department may, after
consultation with CARB, require Inspection Testing and Quality Audit
Testing at such facility in accordance with Title 13 CCR 2062, 2106,
2107, and 2150, and incorporated herein by reference; provided that upon
a manufacturer's written request and demonstration of need, functional
testing pursuant to the procedures incorporated in Title 13 CCR 2062 of
a statistically significant sample may substitute for the 100% testing
rate in Title 13 CCR 2062, with the written consent of the Department.

37.4.3  New Vehicle Compliance Testing

(a)  New vehicle models subject to this regulation, prior to their being
offered for sale or lease in the State of Rhode Island, must meet the
motor vehicle emission requirements of Title 13 CCR 1961, as determined
by New Vehicle Compliance Testing, conducted in accordance with Title 13
CCR 2101 - 2110, 2150, and 2151, and incorporated herein by reference.
Testing reports must be provided to the Department upon request.

	(b)  For the purpose of compliance with section 37.4.3(a), New Vehicle
Compliance Testing determinations and findings made by CARB shall be
applicable.

	37.4.4  In-Use Vehicle Enforcement Testing

(a)  For purposes of detection and repair of vehicles subject to this
regulation failing to meet the motor vehicle emission requirements of
Title 13 CCR 1961, the Department may conduct, after consultation with
CARB, In-Use Vehicle Enforcement Testing in accordance with the protocol
and testing procedures in Title 13 CCR 2140, and incorporated herein by
reference. Testing reports must be provided to the Department upon
request.

	(b)  For the purposes of compliance with section 37.4.4(a), In-Use
Vehicle Enforcement Testing determinations and findings made by CARB
shall be applicable.

	37.4.5  In-Use Surveillance Testing

	(a)  For the purposes of testing and monitoring the overall
effectiveness in the State of Rhode Island of the program set forth in
this regulation in controlling emissions, the Department may conduct
In-Use Surveillance Testing after consultation with CARB.

	(b)  For the purposes of program planning and analysis, In-Use
Surveillance Testing determinations and findings made by CARB shall be
applicable.

37.5	Warranty

37.5.1  All manufacturers of new vehicles which are sold, leased,
offered for sale or lease, or registered in the State of Rhode Island
shall warrant to the owner that each vehicle shall comply over its
period of warranty coverage with all requirements of Title 13 CCR 2035 -
2038, 2040, and 2041, and incorporated herein by reference.

All manufacturers shall submit to the Department, upon request, Failure
of Emission-Related Components reports as defined at Title 13 CCR 2144,
for vehicles subject to this regulation, in compliance with the
procedures in Title 13 CCR, and incorporated herein by reference.

37.5.2  For purposes of compliance with section 37.5.1, manufacturers
may submit copies of the Failure of Emission-Related Components reports
that are submitted to the California Air Resources Board in lieu of
submitting reports for vehicles subject to this regulation.

37.6  Reporting Requirements

37.6.1 Commencing with the 2008 model year, each manufacturer shall
submit annually, to the Department, by no later than March 1 of the
calendar year following the close of the completed model year, a report
documenting total deliveries for sale of vehicles in each test group
over that model year, in the State.

37.6.2 Commencing with model year 2011, each manufacturer shall submit
annually to the Department, by no later than March 1 of the calendar
year following the close of the completed model year, a report, prepared
according to the procedures in Title 13, CCR Section 1961 calculating
the Fleet-wide Non-Methane Organic Gas Exhaust Emission Average for the
model year just ended.

37.6.3  For the purposes of determining if vehicles qualify for
exemption under section 37.3.7, the Department may require any motor
vehicle manufacturer or dealer of vehicles subject to this regulation to
submit any documentation the Department deems necessary for the
effective administration and enforcement of this regulation.

37.6.4  Commencing with the 2009 model year, each manufacturer shall
submit annually, to the Department, by no later than March 1 of the
calendar year following the close of the completed model year, a report
documenting the fleet average greenhouse gas exhaust emission levels for
passenger cars, light-duty trucks and medium-duty passenger vehicles,
delineated by model type, that are produced and delivered for sale in
the State of Rhode Island, as determined in accordance with the
provisions set forth in CRR, Title 13, section 1961.1.

37.7  Enforcement

37.7.1  The Department may conduct inspection and surveillance of new
and used motor vehicles for the purposes of compliance with the
requirements set forth in section 37.3.

(a)  Inspections by the Department or its agents, pursuant to section
37.7.1 may be conducted on any premises owned, operated, used, leased,
or rented by any vehicle dealer. Said inspection may extend to all
emission-related parts and operation and may require the on premises
operation and testing of an engine or vehicle, and inspection of any
related records, including records of emission related part repair
performed under warranty.

	(b)  The Department or its agents may perform functional tests,
steady-state tests, and other tests as reasonably necessary.  In
addition, the California Motor Vehicle Inspection program emissions
tests standards in Title 13 CCR 2176, and incorporated herein by
reference, applicable to the appropriate model year vehicle, may be used
by the Department to verify compliance with section 37.

37.7.2  Any order or enforcement action taken by CARB, to correct
noncompliance with any Section of Title 13, which results in the recall
of any vehicle pursuant to Title 13 CCR 2109-2135, incorporated herein
by reference, shall be applicable to all vehicles subject to this
regulation, except where the manufacturer demonstrates to the
Department's satisfaction within 21 days of issuance of said CARB
action, that said action is not applicable to said vehicles.

37.7.3  Any voluntary or influenced emission-related recall campaign
initiated by any manufacturer pursuant to Title 13 CCR 2113 - 2121 shall
extend to all applicable vehicles subject to this regulation, except
where the manufacturer demonstrates to the Department's satisfaction
within 21 days of CARB approval of the campaign, that said campaign is
not applicable to said vehicles in Rhode Island.

37.7.4  The Department shall enforce the requirements of this regulation
in accordance with Title 13 CCR, and applicable federal and Rhode Island
law.

General Provisions

Purpose

The purpose of this regulation is to specify the requirements for Rhode
Island’s Low Emissions Vehicle Program.

Authority

These regulations are authorized pursuant to R.I. Gen. Laws §
42-17.1-2(s) and 23-23, as amended, and have been promulgated pursuant
to the procedures set forth in the R.I. Administrative Procedures Act,
R.I. Gen. Laws Chapter 42-35

Application

The terms and provisions of this regulation shall be liberally construed
to permit the Department to effectuate the purposes of state law, goals
and policies.

Severability

If any provision of this regulation or the application thereof to any
person or circumstance, is held invalid by a court of competent
jurisdiction, the validity of the remainder of the regulation shall not
be affected thereby.

Effective Date

The foregoing regulation, "Rhode Island’s Low Emissions Vehicle
Program”, as amended, after due notice, is hereby adopted and filed
with the Secretary of State this ___29th__ day of __June_________, 2007_
to become effective twenty (20) days thereafter, in accordance with the
provisions of Chapters 23-23, 42-35, 42-17.1, 42-17.6, of the General
Laws of Rhode Island of 1956, as amended.

W. Michael Sullivan, PhD., Director

Department of Environmental Management

Notice Given on:	February 21, 2007

Public Hearing held:	   March 23, 2007

Filing Date:	June 29, 2007

Effective Date:  July 19, 2007

 PAGE   7

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[Federal Register Volume 76, Number 116 (Thursday, June 16, 2011)]
[Notices]
[Page 35245]
[FR Doc No: 2011-14988]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

``Investor Form;'' SEC File No. 270-485; OMB Control No. 3235-0547.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget a request to approve the collection of information discussed
below.
    Investors who submit complaints, ask questions, or provide tips do
so voluntarily. To make it easier for the public to contact the agency
electronically, the Commission created a series of investor complaint
and question electronic forms. Investors can access forms through the
SEC Center for Complaints and Enforcement Tips portal. The Commission
consolidated four paper complaint forms into one electronic form (the
Investor Form) that provides drop down options to choose from in order
to categorize the investor's complaint or question, and may also
provide the investor with automated information about their issue. The
investor may describe their complaint and submit it without their name
or contact information.
    The Investor Form asks investors to provide information concerning,
among other things, their names, how they can be reached, the names of
the individuals or entities involved, the nature of their complaint or
tip, what documents they can provide, and what, if any, actions they
have taken. Use of the Investor Form is strictly voluntary. Moreover,
the Commission does not require investors to submit complaints,
questions, tips, or other feedback. Absent the forms, the public still
has several ways to contact the agency, including telephone, facsimile,
letters, and e-mail.
    Approximately 20,000 investors each year voluntarily choose to use
the complaint and question form. Investors who choose not to use the
electronic Investor Form receive the same level of service as those who
do. The dual purpose of the form is to make it easier for the public to
contact the agency with complaints, questions, tips, or other feedback
and to further streamline the workflow of Commission staff that record,
process, and respond to investor contacts.
    The SEC has used--and will continue to use--the information that
investors supply on the complaint and question forms, and the
electronic Investor Form to review and process the contact (which may,
in turn, involve responding to questions, processing complaints, or, as
appropriate, initiating enforcement investigations), to maintain a
record of contacts, to track the volume of investor complaints, and to
analyze trends.
    The Commission estimates that the total reporting burden for using
the Investor Form is 5,000 hours. The calculation of this estimate
depends on the number of investors who use the forms each year and the
estimated time it takes to complete the forms: 20,000 respondents x 15
minutes = 5,000 burden hours.
    Members of the public should be aware that an agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless a currently valid Office of Management
and Budget control number is displayed. Background documentation for
this information collection may be viewed at the following link, http://www.reginfo.gov. General comments regarding the above information
should be directed to the following persons: (i) Desk Officer for the
Securities and Exchange Commission, Office of Information and
Regulatory Affairs, Office of Management and Budget, Room 10102, New
Executive Office Building, Washington, DC 20503 or send an e-mail to:
<EMAIL_ADDRESS>and (ii) Thomas Bayer, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 6432 General Green Way, Alexandria, VA 22312; or send an
e-mail to<EMAIL_ADDRESS>Comments must be submitted to OMB
within 30 days of this notice.

     June 11, 2011.
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-14988 Filed 6-15-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 142 (Wednesday, July 24, 2019)]
[Notices]
[Pages 35670-35673]
[FR Doc No: 2019-15682]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2018-0014; FRL-9996-16]

Notice of Receipt of Requests To Voluntarily Cancel Certain
Pesticide Registrations and Amend Registrations To Terminate Certain
Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In accordance with the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests
by the registrants to voluntarily cancel certain pesticide product
registrations and to amend certain product registrations to terminate
uses. EPA intends to grant these requests at the close of the comment
period for this announcement unless the Agency receives substantive
comments within the comment period that would merit its further review
of the requests, or unless the registrants withdraw their requests. If
these requests are granted, any sale, distribution, or use of products
listed in this notice will be permitted after the registrations have
been cancelled and uses terminated only if such sale, distribution, or
use is consistent with the terms as described in the final order.

DATES: Comments must be received on or before August 23, 2019.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2018-0014, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001. Submit written withdrawal request by mail to: Information
Technology and Resources Management Division (7502P), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460-0001. ATTN: Christopher Green.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html. Additional
instructions on commenting or visiting the docket, along with more
information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Christopher Green, Information
Technology and Resources Management Division (7502P), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action.

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

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

II. What action is the agency taking?

    This notice announces receipt by EPA of requests from registrants
to cancel certain pesticide products and amend product registrations to
terminate certain uses registered under FIFRA section 3 (7 U.S.C. 136a)
or 24(c) (7 U.S.C. 136v(c)). The affected products and the registrants
making the requests are identified in Tables 1-3 of this unit.
    Unless a request is withdrawn by the registrant or if the Agency
determines that there are substantive comments that warrant further
review of this request, EPA intends to issue an order in the Federal
Register canceling and amending the affected registrations.

                      Table 1--Product Registrations With Pending Requests for Cancellation
----------------------------------------------------------------------------------------------------------------
           Registration No.               Company No.            Product name             Active ingredients \
----------------------------------------------------------------------------------------------------------------
352-761...............................             352  Dupont DPX-QFU31 (MP)           Dicamba, sodium salt &
                                                         Herbicide.                      Rimsulfuron.
6836-177..............................            6836  Lonza Formulation P-39........  Pine oil & Alkyl*
                                                                                dimethyl benzyl
                                                                                ammonium chloride
                                                                                *(58%C14, 28%C16,
                                                                                14%C12).
8660-161..............................            8660  0.2% Barricade Crabgrass        Prodiamine.
                                                         Control with Fertilizer.
8660-162..............................            8660  0.3% Barricade Crabgrass        Prodiamine.
                                                         Control with Fertilizer.
8660-163..............................            8660  0.4% Barricade Crabgrass        Prodiamine.
                                                         Control with Fertilizer.
8660-164..............................            8660  Sta-Green Crabgrass Preventer.  Prodiamine.
8660-200..............................            8660  Koos Crabgrass Preventer with   Prodiamine.
                                                         0.223 Barricade Preemergence
                                                         Herbicide.
8660-216..............................            8660  Par EX Slow Release Fertilizer  Prodiamine.
                                                         with .345 Barricade Herbicide.
8660-249..............................            8660  Par EX Fertilizer Plus          Prodiamine.
                                                         Crabgrass Preventer with
                                                         0.475% Barricade Preem.
9779-297..............................            9779  Prometryne 4L Herbicide.......  Prometryn.
12455-107.............................           12455  Tomcat Ant Killer.............  Indoxacarb.
12455-118.............................           12455  Tomcat Ant Gel................  Indoxacarb.
45728-29..............................           45728  SDDC..........................  Sodium
                                                                                dimethyldithiocarbamate
                                                                                .
59820-4...............................           59820  Acarosan Moist Powder.........  Benylate.
64898-5...............................           64898  Razorooter....................  Dichlobenil.
87290-44..............................           87290  Willowood Azoxystrobin 2.08SC.  Azoxystrobin.
87290-56..............................           87290  Willowood Azoxyprop Xtra......  Propiconazole &
                                                                                Azoxystrobin.
87290-60..............................           87290  Willowood Tebustrobin SC......  Tebuconazole &
                                                                                Azoxystrobin.
87290-63..............................           87290  Willowood Pyrac 2SC...........  Pyraclostrobin.
87290-64..............................           87290  Willowood Pyrac 2EC...........  Pyraclostrobin.
89966-2...............................           89966  Azoxystrobin Technical........  Azoxystrobin.
93051-1...............................           93051  RightLine Pyrac 2 MEC.........  Pyraclostrobin.
93051-2...............................           93051  RightLine Pyraprop MEC........  Pyraclostrobin &
                                                                                Propiconazole.
93051-3...............................           93051  RightLine CHILL LC............  Pyraclostrobin.
93088-1...............................           93088  Pyraclostrobin Technical......  Pyraclostrobin.
AL-120005.............................           69969  Avipel Liquid Corn Seed         Anthraquinone.
                                                         Treatment.
DE-170001.............................           69969  Avipel Liquid Corn Seed         Anthraquinone.
                                                         Treatment.
IA-170003.............................           69969  Avipel Liquid Corn Seed         Anthraquinone.
                                                         Treatment.
ID-130006.............................           69969  Avipel Liquid Corn Seed         Anthraquinone.
                                                         Treatment.
LA-120006.............................           69969  Avipel Liquid Corn Seed         Anthraquinone.
                                                         Treatment.
MA-160001.............................           69969  Avipel Liquid Corn Seed         Anthraquinone.
                                                         Treatment.
MI-130001.............................           69969  Avipel Liquid Corn Seed         Anthraquinone.
                                                         Treatment.
MN-120003.............................           69969  Avipel Liquid Corn Seed         Anthraquinone.
                                                         Treatment.
MO-120004.............................           69969  Avipel Liquid Corn Seed         Anthraquinone.
                                                         Treatment.
MO-160005.............................           69969  Avipel Liquid Corn Seed         Anthraquinone.
                                                         Treatment.
MS-120009.............................           69969  Avipel Liquid Corn Seed         Anthraquinone.
                                                         Treatment.
NC-130002.............................           69969  Avipel Liquid Corn Seed         Anthraquinone.
                                                         Treatment.
ND-130002.............................           69969  Avipel Liquid Corn Seed         Anthraquinone.
                                                         Treatment.
NJ-130002.............................           69969  Avipel Liquid Corn Seed         Anthraquinone.
                                                         Treatment.
NY-170005.............................           69969  Avipel Liquid Corn Seed         Anthraquinone.
                                                         Treatment.
PA-130001.............................           69969  Avipel Liquid Corn Seed         Anthraquinone.
                                                         Treatment.
SD-130003.............................           69969  Avipel Liquid Corn Seed         Anthraquinone.
                                                         Treatment.
SD-150006.............................           69969  Avipel Liquid Corn Seed         Anthraquinone.
                                                         Treatment.
SD-170003.............................           69969  Avipel Liquid Corn Seed         Anthraquinone.
                                                         Treatment.
TX-130001.............................           69969  Avipel Liquid Corn Seed         Anthraquinone.
                                                         Treatment.
UT-180006.............................           69969  Avipel Liquid Corn Seed         Anthraquinone.
                                                         Treatment.
VT-120001.............................           69969  Avipel Liquid Corn Seed         Anthraquinone.
                                                         Treatment.
WI-130004.............................           69969  Avipel Liquid Corn Seed         Anthraquinone.
                                                         Treatment.
WY-140003.............................           69969  Avipel Liquid Corn Seed         Anthraquinone.
                                                         Treatment.
----------------------------------------------------------------------------------------------------------------

                     Table 1A--Product Registrations With Pending Requests for Cancellation
----------------------------------------------------------------------------------------------------------------
            Registration No.                Company No.          Product name             Active ingredients
----------------------------------------------------------------------------------------------------------------
1021-2753...............................            1021  VBC Dinotefuran Technical.  Dinotefuran.
----------------------------------------------------------------------------------------------------------------

    The registrant of the registration in Table 1A, requests the
cancellation to be effective on May 1, 2019.

                       Table 2--Product Registrations With Pending Requests for Amendment
----------------------------------------------------------------------------------------------------------------
                                                                                Uses to be
         Registration No.            Company No.       Product name      Active ingredient        terminated
----------------------------------------------------------------------------------------------------------------
100-1453.........................             100  Stadium Fungicide..  Difenoconazole;      Ornamental uses and
                                                                         Fludioxonil &        associated label
                                                                         Azoxystrobin.        language.
42182-1..........................           42182  Microban Additive B  Triclosan..........  Treatment of
                                                                                apparel, blankets,
                                                                                cloths, curtains,
                                                                                fabrics, linens
                                                                                and similar
                                                                                textiles.
42182-7..........................           42182  Microban Additive B  Triclosan..........  Disallow
                                                    MUP.                                      formulation into
                                                                                products used to
                                                                                make/treat
                                                                                agricultural
                                                                                plastic films/
                                                                                mulches; products
                                                                                used to treat HVAC
                                                                                (heating/air
                                                                                conditioning)
                                                                                coils & products
                                                                                used to treat
                                                                                textiles.
89046-11.........................           89046  Bioprotec            Bacillus             Forestry use.
                                                    Caterpillar          thuringiensis
                                                    Insecticide          subspecies
                                                    Concentrate.         kurstaki, strain
                                                                         EVB-113-19.
89046-12.........................           89046  Bioprotec Plus.....  Bacillus             Forestry use.
                                                                         thuringiensis
                                                                         subspecies
                                                                         kurstaki, strain
                                                                         EVB-113-19.
89046-14.........................           89046  Bioprotek..........  Bacillus             Forestry use.
                                                                         thuringiensis
                                                                         subspecies
                                                                         kurstaki, strain
                                                                         EVB-113-19.
90736-2..........................           90736  Tebuconazole Tech..  Tebuconazole.......  Residential use.
91232-3..........................           91232  FD Tebuconazole      Tebuconazole.......  Residential use.
                                                    3.6F.
92760-4..........................           92760  Ultra-Fresh NM.....  Triclosan..........  Apparel use.
92760-6..........................           92760  Ultra-Fresh NM-100.  Triclosan..........  Apparel use.
----------------------------------------------------------------------------------------------------------------

    Table 3 of this unit includes the names and addresses of record for
all the registrants of the products listed in Tables 1, 1A & 2 of this
unit, in sequence by EPA company number. This number corresponds to the
first part of the EPA registration numbers of the products listed in
Table 1, Table 1A and Table 2 of this unit.

Table 3--Registrants Requesting Voluntary Cancellation and/or Amendments
------------------------------------------------------------------------
       EPA Company No.                  Company name and address
------------------------------------------------------------------------
100..........................  Syngenta Crop Protection, LLC, 410 Swing
                                Road, P.O. Box 18300, Greensboro, NC
                                27419-8300.
352..........................  E. I. Du Pont De Nemours and Company,
                                9330 Zionsville Road, Indianapolis, IN
                                46268.
1021.........................  Mclaughlin Gormley King Company, D/B/A
                                MGK, 8810 Tenth Ave. North, Minneapolis,
                                MN 55427-4319.
6836.........................  Lonza Inc., Agent Name: Exponent, Inc.,
                                1150 Conn. Ave. NW, Suite 1100,
                                Washington, DC 20036.
8660.........................  United Industries Corp., D/B/A Sylorr
                                Plant Corp., P.O. Box 142642, St. Louis,
                                MO 63114-0642.
9779.........................  Winfield Solutions, LLC, P.O. Box 64589,
                                St. Paul, MN 55164-0589.
12455........................  Bell Laboratories, Inc., 3699 Kinsman
                                Blvd., Madison, WI 53704.
42182........................  Microban Products Company, Agent Name:
                                Scientific & Regulatory Consultants,
                                Inc., 201 W Van Buren Street, Columbia
                                City, IN 46725.
45728........................  Taminco US, LLC, A Subsidiary of Eastman
                                Chemical Company, 200 S Wilcox Dr.,
                                Kingsport, TN 37660-5147.
59820........................  Allergopharma Joachim, Hermann-Korner-
                                Str. 52, 21465 Reinbek, Germany.
64898........................  Sewer Sciences, Inc., 1020 Hiawatha
                                Boulevard West, Syracuse, NY 13204-1131.
69969........................  Arkion Life Sciences, LLC, Agent Name:
                                Landis International, Inc., 3815 Madison
                                Highway, P.O. Box 5126, Valdosta, GA
                                31603-5126.
87290........................  Willowood, LLC, Agent Name: Wagner
                                Regulatory Associates, Inc., P.O. Box
                                640, Hockessin, DE 19707-0640.
89046........................  AEF Global, Inc., Agent Name: SciReg,
                                Inc., 12733 Director's Loop, Woodbridge,
                                VA 22192.
89966........................  Greenfields Marketing, Ltd., Agent Name:
                                Wagner Regulatory Associates, Inc., P.O.
                                Box 640, Hockessin, DE 19707.
90736........................  Jiangsu Fengdeng Crop Science Co., Ltd.,
                                Agent Name: Pyxis Regulatory Consulting,
                                Inc., 4110 136th St. Ct. NW, Gig Harbor,
                                WA 98332.
91232........................  Fengdeng USA, Inc., 123 Cornell Road,
                                Bala Cynwyd, PA 19004.
92760........................  Thomson Research Associates, Inc., Agent
                                Name: Scientific & Regulatory
                                Consultants, Inc., 201 West Van Buren
                                Street, Columbia City, IN 46725.
93051........................  RightLine, LLC, Agent Name: Pyxis
                                Regulatory Consulting, Inc., 4110 136th
                                Street Ct. NW, Gig Harbor, WA 98332.
93088........................  Willowood USA, LLC, Agent Name: Pyxis
                                Regulatory Consulting, Inc., 4110 136th
                                Street Ct. NW, Gig Harbor, WA 98332.
------------------------------------------------------------------------

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

    Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) provides that a
registrant of a pesticide product may at any time request that any of
its pesticide registrations be canceled or amended to terminate one or
more uses. FIFRA further provides that, before acting on the request,
EPA must publish a notice of receipt of any such request in the Federal
Register.
    Section 6(f)(1)(B) of FIFRA (7 U.S.C. 136d(f)(1)(B)) requires that
before acting on a request for voluntary cancellation,

EPA must provide a 30-day public comment period on the request for
voluntary cancellation or use termination. In addition, FIFRA section
6(f)(1)(C) (7 U.S.C. 136d(f)(1)(C)) requires that EPA provide a 180-day
comment period on a request for voluntary cancellation or termination
of any minor agricultural use before granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The EPA Administrator determines that continued use of the
pesticide would pose an unreasonable adverse effect on the environment.
    The registrants listed in Table 3 of Unit II have requested that
EPA waive the 180-day comment period. Accordingly, EPA will provide a
30-day comment period on the proposed requests.

IV. Procedures for Withdrawal of Requests

    Registrants who choose to withdraw a request for product
cancellation or use termination should submit the withdrawal in writing
to the person listed under FOR FURTHER INFORMATION CONTACT. If the
products have been subject to a previous cancellation or termination
action, the effective date of cancellation or termination and all other
provisions of any earlier cancellation or termination action are
controlling.

V. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
that are currently in the United States and that were packaged,
labeled, and released for shipment prior to the effective date of the
action. If the requests for voluntary cancellation and amendments to
terminate uses are granted, the Agency intends to publish the
cancellation order in the Federal Register.
    In any order issued in response to these requests for cancellation
of product registrations and for amendments to terminate uses, EPA
proposes to include the following provisions for the treatment of any
existing stocks of the products listed in Table 1, Table 1A and Table 2
of Unit II.

A. For Product: 1021-2753 Listed in Table 1A of Unit II

    The registrant has requested to the agency via letter, the
effective date of the voluntary cancellation of product 1021-2753 to
be, May 01, 2019; therefore, the registrant will be permitted to sell
and distribute existing stocks for 1 year, which will be until May 01,
2020.
    For all other voluntary product cancellations, identified in Table
1 of Unit II, registrants will be permitted to sell and distribute
existing stocks of voluntarily canceled products for 1 year after the
effective date of the cancellation, which will be the date of
publication of the cancellation order in the Federal Register.
    Thereafter, registrants will be prohibited from selling or
distributing the products identified in Tables 1 and 1A, of Unit II,
except for export consistent with FIFRA section 17 (7 U.S.C. 136o) or
for proper disposal.
    Once EPA has approved product labels reflecting the requested
amendments to terminate uses, identified in Table 2 of Unit II,
registrants will be permitted to sell or distribute products under the
previously approved labeling for a period of 18 months after the date
of Federal Register publication of the cancellation order, unless other
restrictions have been imposed. Thereafter, registrants will be
prohibited from selling or distributing the products whose labels
include the terminated uses identified in Table 2 of Unit II, except
for export consistent with FIFRA section 17 or for proper disposal.
    Persons other than the registrant may sell, distribute, or use
existing stocks of canceled products and products whose labels include
the terminated uses until supplies are exhausted, provided that such
sale, distribution, or use is consistent with the terms of the
previously approved labeling on, or that accompanied, the canceled
products and terminated uses.

    Authority: 7 U.S.C. 136 et seq.

    Dated: July 10, 2019.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Pesticide Programs.
[FR Doc. 2019-15682 Filed 7-23-19; 8:45 am]
 BILLING CODE 6560-50-P