[Federal Register Volume 87, Number 120 (Thursday, June 23, 2022)]
[Notices]
[Pages 37555-37556]
[FR Doc No: 2022-13364]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0130; Notice 2]

Goodyear Tire & Rubber Company, Denial of Petition for Decision
of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Notice of petition denial.

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

SUMMARY: Goodyear Tire & Rubber Company (Goodyear), has determined that
certain Kelly Armorsteel KDM 1 commercial truck tires do not comply
with Federal Motor Vehicle Safety Standard (FMVSS) No. 119, New
Pneumatic Tires for Motor Vehicles with a GVWR of more than 4,536
kilograms (10,000 pounds) and Motorcycles. Goodyear petitioned NHTSA on
November 25, 2019, for a decision that the subject noncompliance is
inconsequential as it relates to motor vehicle safety, and filed a
noncompliance report dated November 26, 2019. This document announces
and explains the denial of Goodyear's petition.

FOR FURTHER INFORMATION CONTACT: Jayton Lindley, Office of Vehicle
Safety Compliance, NHTSA, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    I. Overview: Goodyear has determined that certain Kelly Armorsteel
KDM 1 commercial truck tires do not fully comply with paragraph S6.5 of
FMVSS No. 119, New Pneumatic Tires for Motor Vehicles with a GVWR of
More than 4,536 kilograms (10,000 pounds) and Motorcycles (49 CFR
571.119). Goodyear petitioned NHTSA on November 25, 2019, for an
exemption from the notification and remedy requirements of 49 U.S.C.
Chapter 301 on the basis that this noncompliance is inconsequential as
it relates to motor vehicle safety, pursuant to 49 U.S.C. 30118(d) and
30120(h) and 49 CFR part 556, Exemption for Inconsequential Defect or
Noncompliance. Goodyear filed a noncompliance report dated November 26,
2019, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports.
    Notice of receipt of Goodyear's petition was published with a 30-
day public comment period in the Federal Register (85 FR 35994, June
12, 2020). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) website at https://www.regulations.gov/. Then follow the online
search instructions to locate docket number ``NHTSA-2019-0130.''
    II. Tires Involved: Approximately 76 Kelly Armorsteel KDM 1
commercial truck tires, size 11/R22.5 LRH, manufactured between August
25, 2019, and August 31, 2019, are potentially involved.
    III. Noncompliance: Goodyear explained that the noncompliance is
that the Tire Identification Number (TIN) on the subject tires contains
a date code that was engraved less than the required depth of 0.51 mm
(0.02 inch) and, therefore, does not meet the requirements of paragraph
S6.5 of FMVSS No. 119.
    IV. Rule Requirements: Paragraph S6.5 of FMVSS No. 119 includes the
requirements relevant to this petition. Each tire shall be marked on
each sidewall with the information specified in paragraphs (a) through
(j) of this section. The markings shall comply with part 574.5 Tire
Identification Markings which requires, among other things, that the
markings be permanently molded 0.51 mm (0.02 inch) to 1.02 mm (0.04
inch) deep.
    V. Summary of Goodyear's Petition: The following views and
arguments presented in this section are the views and arguments
provided by Goodyear. They do not reflect the views of the Agency.
    Accordingly, Goodyear described the subject noncompliance and
stated that the noncompliance is inconsequential as it relates to motor
vehicle safety.
    1. Goodyear believes this noncompliance is inconsequential to motor
vehicle safety because these tires were manufactured as designed and
meet or exceed all applicable FMVSS. All of the sidewall markings
related to tire service (load capacity, corresponding inflation
pressure, etc.) are correct. The mislabeling and irregular date code is
not a safety concern and has no impact on the retreading, repairing,
and recycling industries. The affected date code stencil has been
corrected, and all future production will not contain the irregularity
in the date code.
    2. Goodyear states that the date code portion of the TIN becomes
important in

the event of a safety campaign, so that the consumer may properly
identify the recalled tire(s). Goodyear states that in the unlikely
event that a safety campaign would ever become necessary for this Kelly
Armorsteel KDM 1 11/R22.5 LRH commercial truck tire made in the 34th
week of 2019, it would include in the listing of recalled TINs the TIN
for these tires with the date code portion as shown: MJ3TK2BW3419, as
well as the TIN for these tires with the date code portion omitted as
shown: MJ3TK2BW, so that the consumer would know that tires with this
TIN are included in the recall even if they have difficulty reading the
date code portion because it is not raised to the 0.51 mm level.
    Goodyear concluded by expressing the belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety,
and that its petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
noncompliance, as required by 49 U.S.C. 30120, should be granted.
    VI. NHTSA's Analysis: NHTSA does not agree with Goodyear's
assessment that the noncompliance with FMVSS No. 119 is inconsequential
to motor vehicle safety. As discussed below, the tire markings required
by paragraph S6.5 (b) of FMVSS No. 119 provide valuable information
about the tire. Goodyear does not provide information on the actual
engraved depth of the date code, other than stating it is less than the
required depth of 0.51 mm (0.02 inch). However, an exemplar photo
provided by Goodyear in its petition shows that it is more than a de
minimus deviation from the required depth and illustrates that the date
code is very difficult or impossible to read.
    NHTSA recognizes that Goodyear has addressed one safety related
concern by ensuring that the subject tires with the insufficient date
code depth will be included in any relevant future recall. However, the
Agency finds that this measure does not address all safety concerns
associated with a missing or illegible date code.
    A significant source of tire related accidents is tire age. This is
especially a concern in recreational vehicles (RVs) on which the
subject tires could be installed because of the tire's size. RVs often
sit in storage, unused, for extensive periods of time. NHTSA's website
provides guidance for replacing a tire due to age and states the
following: ``As tires age, they are more prone to failure. Some vehicle
and tire manufacturers recommend replacing tires that are six to 10
years old regardless of treadwear.'' \1\ In the case of the subject
tires, the insufficient date code depth makes the date code challenging
to read, and the date code may become completely illegible with wear.
This will prevent consumers from making informed decisions related to
the age of the tire, which may lead to prolonged usage and increased
risk of accidents.
---------------------------------------------------------------------------

    \1\ https://www.nhtsa.gov/equipment/tires (``Should I replace my
tires?'')
---------------------------------------------------------------------------

    Finally, Goodyear stated and believes this noncompliance is
inconsequential to motor vehicle safety because these tires were
manufactured as designed and meet or exceed all applicable Federal
Motor Vehicle Safety Standards. Further, Goodyear stated all the
sidewall markings related to tire service (load capacity, corresponding
inflation pressure, etc.) are correct. NHTSA does not find these
arguments to be relevant to the safety concerns presented by the
noncompliance because they do not relate to the information provided by
the date code.
    VII. NHTSA's Decision: In consideration of the foregoing, NHTSA has
decided that Goodyear has not met its burden of persuasion that the
subject FMVSS No. 119 noncompliance is inconsequential to motor vehicle
safety. Accordingly, Goodyear's petition is hereby denied and Goodyear
is consequently obligated to provide notification of and free remedy
for that noncompliance under 49 U.S.C. 30118 and 30120.

(Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49
CFR 1.95 and 501.8)

Anne L. Collins,
Associate Administrator for Enforcement.
[FR Doc. 2022-13364 Filed 6-22-22; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register: September 3, 2010 (Volume 75, Number 171)]
[Rules and Regulations]
[Page 54024-54025]
[DOCID:fr03se10-10]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2010-0815]

Drawbridge Operation Regulation; Trent River, New Bern, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, Fifth Coast Guard District, has issued a
temporary deviation from the regulations governing the operation of the
US70 (Alfred C. Cunningham) Bridge across Trent River, mile 0.0, at New
Bern, NC, to accommodate a bike race and parade. This deviation allows
the drawbridge to be maintained in the closed position to vessels at
specific dates and times.

DATES: This deviation is effective from 8 a.m. on September 11, 2010 to
12:30 p.m. on September 18, 2010.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2010-0815 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0815 in the
``Keyword'' box and then clicking ``Search''. They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Sandra S. Elliott, Bridge Management Specialist, Fifth
Coast Guard District; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION: The US70 (Alfred C. Cunningham) Bridge a
bascule lift bridge across Trent River, at mile 0.0, has a vertical
clearance in the closed position to vessels of approximately 14 feet
above mean high water.
    On behalf of the National Multiple Sclerosis (MS) Society and the
City of New Bern NC, the North Carolina Department of Transportation
has requested a temporary deviation from the current operating
regulations of the bridge set out in 33 CFR 117.843 (a) to accommodate
both the annual Bike MS/Historic New Bern Ride and the City of New Bern
Heritage Parade.
    Under this deviation, the drawbridge would be allowed to remain in
the closed position to vessels on two separate occasions on the
following dates and times: For the annual Bike MS/Historic New Bern
Ride from 8 a.m. to 9 a.m. on Saturday, September 11, 2010 and Sunday,
September 12, 2010, respectively; and for the City of New Bern Heritage
Parade from 10 a.m. to 12:30 p.m. on Saturday, September 18, 2010.
There are no alternate routes for vessels transiting this section of
the Trent River and the drawbridge will be able to open in the event of
an emergency.
    The Coast Guard will inform the users of the waterway through our
Local and Broadcast Notices to Mariners of the closure periods for the
bridge so that vessels can arrange their transits to minimize any
impact caused by the temporary deviations.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time periods. This deviation from the operating regulation is
authorized under 33 CFR 117.35.

    Dated: August 24, 2010.
Waverly W. Gregory, Jr.,
Chief, Bridge Administration Branch, Fifth Coast Guard District.
[FR Doc. 2010-22036 Filed 9-2-10; 8:45 am]
BILLING CODE 9110-04-P


Fatty acids (saturated, C13+)
Fatty acids (saturated, C14+)
Fatty acids, (C16+)
Fatty acids, essentially linear (C6-C18) 2-ethylhexyl ester
Glyceryl triacetate
Glycidyl ester of C10 trialkyl acetic acid
Glycidyl ester of tertiary carboxylic acid
Glycidyl ester of tridecyl acetic acid
Glycidyl ester of Versatic acid
Glycol diacetate
Glycol triacetate
Heptyl acetate
Herbicide (C15-H22-NO2-Cl)
Hexyl acetate
Hog grease
Isobutyl formate
Isopropyl acetate
Lauric acid
Lauric acid methyl ester/Myristic acid methyl ester mixture
Lecithin
Magnesium long-chain alkaryl sulfonate (C11-C50)
Magnesium long-chain alkyl phenate sulfide (C8-C20)
Magnesium long-chain alkyl salicylate (C11+)
Magnesium nonyl phenol sulfide
Magnesium sulfonate
3-Methoxybutyl acetate
1-Methoxy-2-propyl acetate
Methyl acetate
Methyl acetoacetate
Methyl amyl acetate
Methyl butyrate
Methyl formate
3-Methyl-3-methoxybutyl acetate
Methyl salicylate
N-(2-Methoxy-1-methyl ethyl)-2-ethyl-6-methyl chloroacetanilide
Metolachlor
Naphthalene sulfonic acid, sodium salt solution
Nitrilotriacetic acid, trisodium salt solution
Nonyl acetate
Nonyl phenol sulfide (90% or less) solution
Octamethylcyclotetrasiloxane
n-Octyl acetate
Octyl decyl adipate
Octyl nitrate
Octyl phthalate
Oil, edible:
Beechnut
Castor
Cocoa butter
Coconut
Cod liver
Corn

Cotton seed
Fish
Grape seed
Groundnut
Hazelnut
Illipe
Lard
Maize
Mango kernel
Nutmeg butter
Olive
Palm
Palm kernel
Palm kernel olein
Palm kernel stearin
Palm mid fraction
Palm olein
Palm stearin
Peanut
Poppy
Poppy Seed
Raisin seed
Rapeseed
Rapeseed, (low erucic acid containing less than 4% free fatty acids)
Rice bran
Safflower
Salad
Sesame
Shea
Soyabean
Sunflower
Sunflower seed
Tucum
Vegetable
Walnut
Oil, misc:
Acid mixture from soybean, corn (maize) and sunflower oil refining
Animal
Camelina
Cashew nut shell oil (untreated)
Coconut fatty acid
Coconut, fatty acid methyl ester
Cotton seed oil, fatty acid
Lanolin
Oiticica
Palm acid
Palm fatty acid distillate
Palm oil, fatty acid methyl ester
Palm kernel acid
Palm kernel fatty acid distillate
Palm, non-edible industrial grade
Perilla
Pilchard
Rapeseed fatty acid methyl esters
Seal
Soapstock
Soyabean (epoxidized)
Soyabean fatty acid methyl ester
Tall
Tall, crude
Tall, distilled
Tall, fatty acid
Tall, fatty acid (resin acids less than 20%)
Tall pitch
Tung
n-Pentyl propionate
Phosphate esters
Poly(2-8)alkylene glycol monoalkyl(C1-C6) ether acetate
Diethylene glycol butyl ether acetate
Diethylene glycol ethyl ether acetate
Diethylene glycol methyl ether acetate
Polycarboxylic ester (C9+)

Polydimethylsiloxane
Polyferric sulfate solution
Polymerized esters
Polymethylsiloxane
Polyolefin aminoester salts (MW 2000+)
Polyolefin ester (C28-C250)
Polyolefin phosphorosulfide, barium derivative (C28-C250)
Poly(20)oxyethylene sorbitan monooleate
Polysiloxane
Polysiloxane/White spirit, low (15-20%) aromatic
Potassium formate solutions
Potassium oleate
Potassium salt of polyolefin acid
n-Propyl acetate
Propylene carbonate
Propylene glycol methyl ether acetate
Siloxanes
Sodium acetate solutions
Sodium acetate, Glycol, Water mixture (not containing Sodium hydroxide)
Sodium alkyl (C14-C17) sulfonates (60-65% solution)
Sodium aluminosilicate slurry
Sodium benzoate
Sodium bicarbonate solution (less than 10%)
Sodium dimethyl naphthalene sulfonate solution \1\
Sodium long-chain alkyl salicylate (C13+)
Sodium naphthalene sulfonate solution
Sodium petroleum sulfonate
Sodium sulfate solution
Stearic acid
Tallow
Tallow fatty acid
Triarylphosphate
Tributyl phosphate
Tricresyl phosphate (containing 1% or more ortho-isomer)
Tricresyl phosphate (containing less than 1% ortho-isomer)
Tridecanoic acid
Tridecyl acetate
Triethylene glycol di-(2-ethylbutyrate)
Triethylene glycol dibenzoate
Triethyl phosphate
Triethyl phosphite \1\
Triisooctyl trimellitate \1\
Triisopropylated phenyl phosphates
Trimethyl phosphite \1\
2,2,4-Trimethyl-1,3-pentanediol diisobutyrate
2,2,4-Trimethyl-1,3-pentanediol-1-isobutyrate
2,2,4-Trimethyl-3-pentanol-1-isobutyrate
Trisodium nitrilotriacetate solution
Trixylyl phosphate
Trixylenyl phosphate
Vegetable acid oils, n.o.s.
Corn acid oil
Cottonseed acid oil
Dark mixed acid oil
Groundnut acid oil
Mixed acid oil
Mixed general acid oil
Mixed hard acid oil
Mixed soft acid oil
Rapeseed acid oil
Safflower acid oil
Soya acid oil
Sunflower seed acid oil
Vegetable fatty acid distillates, n.o.s.
Palm kernel fatty acid distillate
Palm oil fatty acid distillate
Tall fatty acid distillate
Tall oil fatty acid distillate
Vegetable oils, n.o.s.
Beechnut oil
Camelina oil
Cashew nut shell

Castor oil
Cocoa butter
Coconut oil
Corn oil
Cotton seed oil
Croton oil
Grape seed oil
Groundnut oil
Hazelnut oil
Illipe oil
Linseed oil
Mango kernel oil
Nutmeg butter
Oiticica oil
Olive oil
Palm kernel oil
Palm kernel olein
Palm kernel stearin
Palm mid fraction
Palm, non-edible industrial grade
Palm oil
Palm olein
Palm stearin
Peanut oil
Peel oil (oranges and lemons)
Perilla oil
Pine oil
Poppy seed oil
Poppy oil
Raisin seed oil
Rapeseed oil
Rapeseed (low erucic acid containing less than 4% free fatty acids)
Rice bran oil
Rosin oil
Safflower oil
Salad oil
Sesame oil
Shea butter
Soyabean oil
Sunflower seed oil
Tall
Tall, crude
Tall, distilled
Tall, pitch
Tucum oil
Tung oil
Walnut oil
Waxes:
Candelilla
Carnauba
Zinc alkaryl dithiophosphate (C7-C16)
Zinc alkyl dithiophosphate (C3-C14)
35. VINYL HALIDES
Vinyl chloride
Vinylidene chloride
36. HALOGENATED HYDROCARBONS
Benzyl chloride
Bromochloromethane
Carbon tetrachloride \1\
Catoxid feedstock \1\
Chlorinated paraffins (C10-C13)
Chlorinated paraffins (C14-C17) (with 50% Chlorine or more, and less
 than 1% C13 or shorter chains)
Chlorinated paraffins (C14-C17) (with 52% Chlorine)
Chlorinated paraffins (C18+) with any level of chlorine
Chlorobenzene
Chlorodifluoromethane
Chloroform
m-Chlorotoluene
o-Chlorotoluene
p-Chlorotoluene
Chlorotoluenes (mixed isomers)
Dibromomethane

Dichlorobenzene (all isomers)
3,4-Dichloro-1-butene
Dichlorodifluoromethane
1,1-Dichloroethane
1,6-Dichlorohexane
Dichloromethane
Dichloropropane
1,1-Dichloropropane
1,2-Dichloropropane
1,3-Dichloropropane
Ethyl chloride
Ethylene dibromide
Ethylene dichloride \1\
Methyl bromide
Methyl chloride
Methylene chloride
Monochlorodifluoromethane
Pentachloroethane
Perchloroethylene
n-Propyl chloride
Sym-trichlorobenzene
Tetrachloroethane
1,1,2,2-Tetrachloroethane
1,2,3-Trichlorobenzene (molten)
1,2,4-Trichlorobenzene
1,2,3-Trichlorobenzol
1,1,1-Trichloroethane \1\
1,1,2-Trichloroethane
Trichloroethylene \1\
1,1,2-Trichloro-1,2,2-trifluoroethane
1,2,3-Trichloropropane
37. NITRILES
Acetonitrile
Acetonitrile (low purity grade)
Adiponitrile
Lactonitrile solution (80% or less)
2-Methylglutaronitrile
2-Methylglutaronitrile with 2-Ethylsuccinonitrile (12% or less)
Propionitrile
Tallow alkyl nitrile
38. CARBON DISULFIDE
Carbon disulfide
39. SULFOLANE
Sulfolane
40. GLYCOL ETHERS
Alkyl (C7-C11) phenol poly (4-12) ethoxylates
Alkyl (C9-C15) phenyl propoxylate
Diethylene glycol \1\
Diethylene glycol dibutyl ether
Diethylene glycol diethyl ether
Diethylene glycol phenyl ether
Dipropylene glycol
Ethoxy triglycol
2-Ethoxyethanol
Ethoxy triglycol (crude)
Ethylene glycol dibutyl ether
Ethylene glycol n-propyl ether
Ethylene glycol monoalkyl ethers
Ethylene glycol butyl ether
Ethylene glycol ethyl ether
Ethylene glycol isobutyl ether
Ethylene glycol methyl butyl ether
Ethylene glycol tert-butyl ether
Ethylene glycol hexyl ether
Ethylene glycol methyl ether
Ethylene glycol propyl ether
Ethylene glycol isopropyl ether
Ethylene glycol phenyl ether
Ethylene glycol phenyl ether/Diethylene glycol phenyl ether mixture
Glucitol/Glycerol blend propoxylated (containing less than 10% amines)
Glycerol ethoxylated
Glycerol polyalkoxylate

Glycerol propoxylated
Glycerol, propoxylated and ethoxylated
Glycerol/Sucrose blend propoxylated and ethoxylated
alpha-Hydro-omega-hydroxytetradeca (oxytetramethylene)
Methoxy triglycol
Nonyl phenol poly(4+)ethoxylate
Pentaethylene glycol methyl ether
Polyalkylene glycols/Polyalkylene glycol monoalkyl ethers mixtures
Poly(2-8)alkylene glycol monoalkyl(C1-C6) ether
Diethylene glycol butyl ether
Diethylene glycol ethyl ether
Diethylene glycol n-hexyl ether
Diethylene glycol propyl ether
Diethylene glycol methyl ether
Dipropylene glycol butyl ether
Dipropylene glycol methyl ether
Polyalkylene glycol butyl ether
Polyethylene glycol monoalkyl ether
Polypropylene glycol methyl ether
Tetraethylene glycol methyl ether
Triethylene glycol butyl ether
Triethylene glycol ethyl ether
Triethylene glycol methyl ether
Tripropylene glycol methyl ether
Polyethylene glycol
Polyethylene glycol dimethyl ether
Poly (ethylene glycol) methylbutenyl ether (MW > 1000)
Polypropylene glycol
Poly(tetramethylene ether) glycols (mw 950-1050)
Polytetramethylene ether glycol
Propylene glycol monoalkyl ether
n-Propoxypropanol
Propylene glycol n-butyl ether
Propylene glycol ethyl ether
Propylene glycol methyl ether
Propylene glycol propyl ether
Propylene glycol phenyl ether
Tetraethylene glycol
Triethylene glycol
Triethylene glycol butyl ether mixture
Triethylene glycol ether mixture
Tripropylene glycol
41. ETHERS
Alcohol (C12-C13, branched and linear) poly (4-8) propoxy sulfates,
 sodium salt 25-30% solution
Alkaryl polyether (C9-C20)
tert-Amyl methyl ether
n-Butyl ether
Dichloroethyl ether
2,2'-Dichloroisopropyl ether
Diethyl ether
Dimethyl ether
Dimethyl furan
1,4-Dioxane
Diphenyl ether
Diphenyl ether/Biphenyl ether mixture
Diphenyl ether/Diphenyl phenyl ether mixture
Diphenyl oxide
ETBE
Ethyl tert-butyl ether \1\
Ethyl ether
Isopropyl ether
Long-chain alkaryl polyether (C11-C20)
Methyl tert-butyl ether \1\
Methyl tert-pentyl ether
MTBE
Polyether, borated
Polyether (molecular weight 1350+)
Polyether polyols
Poly (oxyalkylene) alkenyl ether (MW>1000)
Polyoxybutylene alcohol
Propyl ether
TAME

Tetrahydrofuran
1,3,5-Trioxane
42. NITROCOMPOUNDS
o-Chloronitrobenzene
Dinitrotoluene (molten)
Nitrobenzene
o-Nitrochlorobenzene
Nitroethane
Nitroethane(80%)/Nitropropane (20%)
Nitroethane/1-Nitropropane (each 15% or more) mixture
Nitrophenol (mixed isomers)
Nitropropane (60%)/Nitroethane (40%) mixture
1-or 2-Nitropropane
o- or p-Nitrotoluenes
43. MISCELLANEOUS WATER SOLUTIONS
Alkyl polyglucoside solution
Alkyl (C8-C10) polyglucoside solution (65% or less)
Alkyl (C8-C10)/(C12-C14):(40% or less/60% or more) polyglucoside
 solution (55% or less)
Alkyl (C8-C10)/(C12-C14):(50%/50%) polyglucoside solution (55% or less)
Alkyl (C8-C10)/(C12-C14):(60% or more/40% or less) polyglucoside
 solution (55% or less)
Alkyl (C12-C14) polyglucoside solution (55% or less)
Aluminum sulfate solution \1\
2-Amino-2-hydroxymethyl-1,3-propanediol solution
Ammonium bisulfite solution (70% or less) \1\
Ammonium chloride solution (less than 25%)
Ammonium lignosulfonate solution
Ammonium nitrate/Urea solution (not containing Ammonia)
Ammonium phosphate/Urea solution
Ammonium polyphosphate solution
Ammonium sulfate solution
Ammonium sulfate solution (20% or less)
Ammonium thiosulfate solution (60% or less)
Apple juice
Calcium bromide/Zinc bromide solution
Calcium chloride solution
Calcium lignosulfonate solutions
Caramel solutions
Cesium formate solution
Clay slurry
Coal slurry
Corn syrup
Dextrose solution
2,4-Dichlorophenoxyacetic acid, Diethanolamine salt solution
2,4-Dichlorophenoxyacetic acid, Triisopropanolamine salt solution\1\
Diethanolamine salt of 2,4-Dichlorophenoxyacetic acid solution
Diethylenetriamine pentaacetic acid, pentasodium salt solution
Dodecyl diphenyl ether disulfonate solution
Drilling brines (containing Calcium, Potassium or Sodium salts)
Drilling brines (containing Zinc salts)
Drilling brines, including: Calcium bromide solution, Calcium chloride
 solution and Sodium chloride solution
Drilling mud (low toxicity) (if non-flammable or non-combustible)
Ethylenediaminetetraacetic acid/tetrasodium salt solution
Ethylene-Vinyl acetate copolymer (emulsion)
Ferric hydroxyethylethylenediaminetriacetic acid, trisodium salt
 solution \1\
Fish solubles (water based fish meal extracts)
Fructose solution
Fumaric adduct of Rosin, water dispersion
Glucose solution
Hexamethylenediamine adipate (50% in water)
Hexamethylenediamine adipate solution
N-(Hydroxyethyl)ethylenediamine triacetic acid, trisodium salt solution
Kaolin clay solution
Kaolin slurry
Latex, liquid synthetic
Latex: Carboxylated Styrene-Butadiene copolymer; Styrene-Butadiene
 rubber
Lauryl polyglucose (50% or less)
Lauryl polyglucose
Lignin liquor
Ligninsulfonic acid, magnesium salt solution
Ligninsulfonic acid, sodium salt solution
Liquid Streptomyces solubles
L-Lysine solution (60% or less)

Magnesium nitrate solution (66.7%)
N-Methylglucamine solution (70% or less)
Microsilica slurry
Milk
Naphthenic acid, sodium salt solution
Pentasodium salt of Diethylenetriamine pentaacetic acid solution
Phenol solutions (2% or less)
Polyacrylic acid solution (40% or less)
Potassium chloride solution
Potassium chloride solution (10% or more)
Potassium chloride solution (less than 26%)
Potassium thiosulfate (50% or less)
Rosin soap (disproportionated) solution
Sewage sludge
Silica slurry
Sludge, treated
Sodium bromide solution (less than 50%)
Sodium hydrogen sulfite solution (45% or less)
Sodium lignosulfonate solution
Sodium naphthenate solution
Sodium poly(4+)acrylate solution
Sodium polyacrylate solution \1\
Sodium salt of Ferric hydroxyethylethylenediaminetriacetic acid solution
Sodium silicate solution \1\
Sodium sulfide solution (15% or less)
Sodium sulfite solution (25% or less)
Sodium tartrates/Sodium succinates solution
Sulfonated polyacrylate solution \1\
Tall oil soap (disproportionated) solution
Tetrasodium salt of ethylenediaminetetraacetic acid solution
Titanium dioxide slurry
Triisopropanolamine salt of 2,4-Dichlorophenoxyacetic acid solution,
Trisodium salt of N-(Hydroxyethyl)ethylenediaminetriacetic acid solution
Urea solution
Urea/Ammonium phosphate solution
Urea/Ammonium nitrate solution (containing less than 1% free Ammonia)
Vegetable protein solution (hydrolyzed)
Water
Zinc bromide/Calcium bromide solution
------------------------------------------------------------------------
Note:
1. See Appendix I to 46 CFR part 150 (Exceptions to the Chart).

0
6. Revise Appendix I to part 150, as amended by the interim rule
published on August 16, 2013 (78 FR 50148), effective January 16, 2017,
as delayed at 79 FR 68132, November 14, 2014, to read as follows:

Appendix I to Part 150--Exceptions to the Chart

    (a) The binary combinations listed below have been tested as
prescribed in Appendix III to part 150 and found not to be
dangerously reactive. These combinations are exceptions to Figure 1
of part 150 (Compatibility Chart) and may be stowed in adjacent
tanks.

------------------------------------------------------------------------
       Member of  reactive group                 Compatible with
------------------------------------------------------------------------
Acetone (18)...........................  Diethylenetriamine (7).
Acetone cyanohydrin (0)................  Acetic acid (4).
                                         Acrylates (14).
                                         Alcohols, Gylcols (20).
                                         Aldehydes (19).
                                         Aromatic Hydrocarbon Mixtures
                                          (32).
                                         Carbon Disulfide (38).
                                         Esters (34).
                                         Ethers (41).
                                         Glycol Ethers (40).
                                         Halogenated Hydrocarbons (36).
                                         Ketones (18).
                                         Misc. Hydrocarbon Mixtures
                                          (33).
                                         Nitriles (37).
                                         Nitrocompounds (42).
                                         Olefins (30).
                                         Paraffins (31).

                                         Phenols, Cresols (21).
                                         Substituted Allyls (15).
                                         Sulfolane (39).
                                         Vinyl Acetate (13).
                                         Vinyl Halides (35).
Acrylonitrile (15).....................  Triethanolamine (8).
1,3-Butylene glycol (20)...............  Morpholine (7).
1,4-Butylene glycol (20)...............  Ethylamine (7).
                                         Triethanolamine (8).
gamma-Butyrolactone (0)................  N-Methyl-2-pyrrolidone (9).
Caustic potash, 50% or less (5)........  Bio-fuel blends of Gasoline and
                                          Ethyl alcohol (>25% but <99%
                                          by volume) (20).
                                         Isobutyl alcohol (20).
                                         Ethyl alcohol (20).
                                         n-Butyl alcohol (20).
                                         Ethylene glycol (20).
                                         Isopropyl alcohol (20).
                                         Methyl alcohol (20).
                                         iso-Octyl alcohol (20).
                                         Propylene glycol (20).
Caustic soda, 50% or less (5)..........  Acrylonitrile/Styrene copolymer
                                          dispersion in Polyether polyol
                                          (20).
                                         Bio-fuel blends of Gasoline and
                                          Ethyl alcohol (>25% but <99%
                                          by volume) (20).
                                         iso-Butyl alcohol (20).
                                         Butyl alcohol (20).
                                         tert-Butyl alcohol, Methanol
                                          mixtures.
                                         Decyl alcohol (20).
                                         Cetyl alcohol (20).
                                         Alcohol (C12-C16) poly(1-
                                          6)ethoxylates) (20).
                                         iso-Decyl alcohol (20).
                                         Diacetone alcohol (20).
                                         Diethylene glycol (40).
                                         Dodecyl alcohol (20).
                                         Ethyl alcohol (20).
                                         Ethyl alcohol (40%, whiskey)
                                          (20).
                                         Ethylene glycol (20).
                                         Ethylene glycol, Diethylene
                                          glycol mixture (20).
                                         Ethyl hexanol (Octyl alcohol)
                                          (20).
                                         Methyl alcohol (20).
                                         Nonyl alcohol (20).
                                         iso-Nonyl alcohol (20).
                                         Propyl alcohol (20).
                                         iso-Propyl alcohol (20).
                                         Propylene glycol (20).
                                         Sodium chlorate solution (0).
                                         iso-Tridecanol (20).
Dimethyl disulfide (0).................  Acrylates (14).
                                         Alcohols, Glycols (20).
                                         Esters (34).
                                         Halogenated Hydrocarbons (36).
                                         Ketones (18).
                                         Methyl tert-butyl ether (41).
                                         Aromatic Hydrocarbon Mixtures
                                          (32).
                                         Olefins (30).
                                         Organic Acids (4).
                                         Organic Anhydrides (11).
                                         Paraffins (31).
                                         Phenols, Cresols (21).
Diphenylmethane diisocyanate (12)......  2,2-Dimethylpropane-1,3-diol
                                          (20).
                                         Polypropylene glycol (40).
tert-Dodecanethiol (0).................  Acetone (18).
                                         Acrylonitrile (15).
                                         n-Butyl acrylate (14).
                                         Caustic soda solution (50%)
                                          (5).
                                         Chloroform (36).
                                         iso-Decyl alcohol (20).
                                         Diglycidyl ether of Bisphenol A
                                          (16).
                                         Dichloromethane (36).
                                         Diisodecyl phthalate (34).
                                         Dipropylene glycol (40).
                                         Epichlorohydrin (17).
                                         Ethyl acrylate (14).
                                         Ethylene glycol monoalkyl
                                          ethers (40).

                                         Methanol (20).
                                         Methyl ethyl ketone (18).
                                         Methyl isobutyl ketone (18).
                                         Naphtha, Solvent (33).
                                         iso-Nonyl alcohol (20).
                                         Perchloroethylene (36).
                                         Poly(2-8)alkylene glycol
                                          monoalkyl(C1-C6) ether (40).
                                         iso-Propyl alcohol (20).
                                         iso-Propylamine solution (70%)
                                          (7).
                                         Propylene glycol methyl ether
                                          (40).
                                         Propylene glycol methyl ether
                                          acetate (34).
                                         Tall oil, crude (34).
                                         Tall oil fatty acid (resin
                                          acids less than 20%) (34).
                                         Toluene (32).
                                         Toluene diisocyanate (TDI)
                                          (12).
                                         White mineral oil (Carnation
                                          oil) (33).
Dodecyl and Tetradecylamine mixture (7)  Tall oil, fatty acid (34).
Ethylenediamine (7)....................  Bio-fuel blends of Gasoline and
                                          Ethyl alcohol (>25% but <99%
                                          by volume) (20).
                                         Butyl alcohol (20).
                                         tert-Butyl alcohol (20).
                                         Butylene glycol (20).
                                         Creosote (21).
                                         Diethylene glycol (40).
                                         Ethyl alcohol (20).
                                         Ethylene glycol (20).
                                         Ethyl hexanol (20).
                                         Fatty alcohols (C12-C14).
                                         Glycerine (20).
                                         Isononyl alcohol (20).
                                         Isophorone (18).
                                         Methyl butyl ketone (18).
                                         Methyl iso-butyl ketone (18).
                                         Methyl ethyl ketone (18).
                                         Propyl alcohol (20).
                                         Propylene glycol (20).
Lactic acid (0)........................  Acetic acid (4).
                                         Benzene (32).
                                         Ethanol (20).
                                         Polypropylene glycol (40).
                                         Vinyl acetate (13).
Oleum (0)..............................  Hexane (31).
                                         Dichloromethane (36).
                                         Perchloroethylene (36).
1,2-Propylene glycol (20)..............  Diethylenetriamine (7).
                                         Polyethylene polyamines (7).
                                         Triethylenetetramine (7).
Sodium cresylate as Cresylate spent      Methyl alcohol (20).
 caustic (5).
Sodium dichromate solution (70% or       Acetone (18).
 less) (0).
                                         n-Butyl alcohol (20).
                                         Ethyl Acetate (34).
                                         1-Hexene (30).
                                         Methyl alcohol (20).
                                         Octene (all isomers) (30).
                                         Phosphoric Acid (1).
Sodium hydrogen sulfide solution (5)...  iso-Propyl alcohol (20).
Sodium hydrosulfide solution (5).......  Methyl alcohol (20).
                                         Iso-Propyl alcohol (20).
Sodium Methylate 21-30% in methanol (0)  1,2-Dichloropropane (36).
                                         Chlorobenzene (36).
                                         Cyclohexanone (18).
                                         Cyclohexanone, Cyclohexanol
                                          mixtures (18).
                                         Diethanolamine (8).
                                         Diisononyl phthalate (34).
                                         Dimethylformamide (10).
                                         Ethyl alcohol (20).
                                         Ethylene glycol (20).
                                         Furfuryl alcohol (20).
                                         Heptene (all isomers) (30).
                                         Isobutyl alcohol (20).
                                         Isopropyl alcohol (20).
                                         Lubricating oil (33).
                                         Methyl ethyl ketone (18).

                                         Nonene (all isomers) (30).
                                         Nonyl alcohol (all isomers)
                                          (20).
                                         Octene (all isomers) (30).
                                         o-Toluidine (9).
                                         Perchloroethylene (36).
                                         Polyisobutenamine in aliphatic
                                          (C10-C14) solvent (7).
                                         Xylene (32).
Sulfuric acid (2)......................  Coconut oil (34).
                                         Coconut oil acid (34).
                                         Palm oil (34).
                                         Soyabean oil (34).
                                         Tallow (34).
Sulfuric acid, 98% or less (2).........  Choice white grease tallow
                                          (34).
Urea/Ammonium Nitrate solution           Magnesium chloride solutions
 (containing less than 1% free Ammonia)   (0).
 (43).
------------------------------------------------------------------------

    (b) The binary combinations listed below have been determined to
be dangerously reactive, based on either data obtained in the
literature or on laboratory testing which has been carried out in
accordance with procedures prescribed in Appendix III. These
combinations are exceptions to the Compatibility Chart (Figure 1)
and may not be stowed in adjacent tanks.

Acetone cyanohydrin (0) is not compatible with Groups 1-12, 16, 17
and 22.
Acrolein (19) is not compatible with Group 1, Non-Oxidizing Mineral
Acids.
Acrylic acid (4) is not compatible with Group 9, Aromatic Amines.
Acrylonitrile (15) is not compatible with Group 5, Caustics.
Alkylbenzene sulfonic acid (less than 4%) (0) is not compatible with
Groups 1-3, 5-9, 15, 16, 18, 19, 30, 34, 37, and strong oxidizers.
Allyl alcohol (15) is not compatible with Group 12, Isocyanates.
Alkyl (C7-C9) nitrates (34) is not compatible with Group 1, Non-
oxidizing Mineral Acids.
Aluminum sulfate solution (43) is not compatible with Groups 5-11.
Ammonium bisulfite solution (70% or less) (43) is not compatible
with Groups 1, 3, 4, and 5.
Benzenesulfonyl chloride (0) is not compatible with Groups 5-7, and
43.
1, 4-Butylene glycol (20) is not compatible with Caustic soda
solution, 50% or less (5).
gamma-Butyrolactone (0) is not compatible with Groups 1-9.
C9 Resinfeed (DSM) (32) is not compatible with Group 2, Sulfuric
acid.
Carbon tetrachloride (36) is not compatible with
Tetraethylenepentamine or Triethylenetetramine, both Group 7,
Aliphatic amines.
Catoxid feedstock (36) is not compatible with Group 1, 2, 3, 4, 5,
or 12.
Caustic soda solution, 50% or less (5) is not compatible with 1, 4-
Butylene glycol (20).
1-(4-Chlorophenyl)-4, 4-dimethyl pentan-3-one (18) is not compatible
with Group 5 (Caustics) or 10 (Amides).
Crotonaldehyde (19) is not compatible with Group 1, Non-Oxidizing
Mineral Acids.
Cyclohexanone/Cyclohexanol mixture (18) is not compatible with Group
12, Isocyanates.
2, 4-Dichlorophenoxyacetic acid, Triisopropanolamine salt solution
(43) is not compatible with Group 3, Nitric Acid.
2, 4-Dichlorophenoxyacetic acid, Dimethylamine salt solution (0) is
not compatible with Groups 1-5, 11, 12, and 16.
Diethylenetriamine (7) is not compatible with 1, 2, 3-
Trichloropropane, Group 36, Halogenated hydrocarbons.
Dimethyl hydrogen phosphite (34) is not compatible with Groups 1 and
4.
Dimethyl naphthalene sulfonic acid, sodium salt solution (34) is not
compatible with Group 12, Formaldehyde, and strong oxidizing agents.
Dodecylbenzenesulfonic acid (0) is not compatible with oxidizing
agents and Groups 1, 2, 3, 5, 6, 7, 8, 9, 15, 16, 18, 19, 30, 34,
and 37.
Ethylenediamine (7) and Ethyleneamine EA 1302 (7) are not compatible
with either Ethylene dichloride (36) or 1, 2, 3-Trichloropropane
(36).
Ethylene dichloride (36) is not compatible with Ethylenediamine (7)
or Ethyleneamine EA 1302 (7).
Ethylidene norbornene (30) is not compatible with Groups 1-3 and 5-
8.
2-Ethyl-3-propylacrolein (19) is not compatible with Group 1, Non-
Oxidizing Mineral Acids.
Ethyl tert-butyl ether (41) is not compatible with Group 1, Non-
oxidizing mineral acids.
Fatty acids, essentially linear (C6-C18) 2-ethylhexyl ester (34) is
not compatible with Group 3, Nitric acid.
Ferric hydroxyethylethylenediamine triacetic acid, Triodium salt
solution (43) is not compatible with Group 3, Nitric acid.
Fish oil (34) is not compatible with Sulfuric acid (2).
Formaldehyde (over 50%) in Methyl alcohol (over 30%) (19) is not
compatible with Group 12, Isocyanates.
Formic acid (4) is not compatible with Furfuryl alcohol (20).
Furfuryl alcohol (20) is not compatible with Group 1, Non-Oxidizing
Mineral Acids and Formic acid (4).
1,6-Hexanediol distillation overheads (4) is not compatible with
Group 3, Nitric acid, and Group 9, Aromatic amines.
2-Hydroxyethyl acrylate (14) is not compatible with Group 5, 6, or
12.
Isophorone (18) is not compatible with Group 8, Alkanolamines.
Lactic acid (0) is not compatible with Caustic soda solution.
Magnesium chloride solution (0) is not compatible with Groups 2, 3,
5, 6 and 12.
Mesityl oxide (18) is not compatible with Group 8, Alkanolamines.
Methacrylonitrile (15) is not compatible with Group 5 (Caustics).
Methyl tert-butyl ether (41) is not compatible with Group 1, Non-
oxidizing Mineral Acids.
Nitroethane, 1-Nitropropane (each 15% or more) mixture (42) is not
compatible with Group 7, Aliphatic amines, Group 8, Alkanol amines,
and Group 9, Aromatic amines.
Nitropropane (20%), nitroethane (80%) mixture (42) is not compatible
with Group 7 (Aliphatic amines), Group 8 (Alkanol amines), and Group
9 (Aromatic amines).
NIAX POLYOL APP 240C (0) is not compatible with Groups 2, 3, 5, 7,
or 12.
o-Nitrophenol (0) is not compatible with Groups 2, 3, and 5-10.
Oleum (0) is not compatible with Sulfuric acid (2) and 1, 1, 1-
Trichloroethane (36).
Phthalate based polyester polyol (0) is not compatible with Groups
2, 3, 5, 7 and 12.
Polyglycerine, Sodium salts solution (20) is not compatible with
Groups 1, 4, 11, 16, 17, 19, 21 and 22.
Propylene, Propane, MAPP gas mixture (containing 12% or less MAPP
gas) (30) is not compatible with Group 1 (Non-oxidizing mineral
acids), Group 36 (Halogenated hydrocarbons), nitrogen dioxide,
oxidizing materials, or molten sulfur.
Sodium acetate, Glycol, Water mixture (1% or less Sodium hydroxide)
(5) is not compatible with Group 12 (Isocyanates).
Sodium chlorate solution (50% or less) (0) is not compatible with
Groups 1-3, 5, 7, 8, 10, 12, 13, 17 and 20.
Sodium dichromate solution (70% or less) (0) is not compatible with
Groups 1-3, 5, 7, 8, 10, 12, 13, 17 and 20.
Sodium dimethyl naphthalene sulfonate solution (34) is not
compatible with Group 12, Formaldehyde and strong oxidizing agents.
Sodium hydrogen sulfide (6% or less)/Sodium carbonate solution (3%
or less) (0)

is not compatible with Groups 6 (Ammonia) and 7 (Aliphatic amines).
Sodium hydrosulfide solution (45% or less) (5) is not compatible
with Groups 6 (Ammonia) and 7 (Aliphatic amines).
Sodium hydrosulfide, Ammonium sulfide solution (5) is not compatible
with Groups 6 (Ammonia) and 7 (Aliphatic amines).
Sodium polyacrylate solution (43) is not compatible with Group 3,
Nitric Acid.
Sodium silicate solution (43) is not compatible with Group 3, Nitric
Acid.
Sodium sulfide, hydrosulfide solution (0) is not compatible with
Groups 6 (Ammonia) and 7 (Aliphatic amines).
Sodium thiocyanate (56% or less) (0) is not compatible with Groups
1-4.
Sulfonated polyacrylate solution (43) is not compatible with Group 5
(Caustics).
Sulfuric acid (2) is not compatible with Fish oil (34), or Oleum
(0).
Tall oil fatty acid (Resin acids less than 20%) (34) is not
compatible with Group 5, Caustics.
Tallow fatty acid (34) is not compatible with Group 5, Caustics.
Tetraethylenepentamine (7) is not compatible with Carbon
tetrachloride, Group 36, Halogenated hydrocarbons.
1, 2, 3-Trichloropropane (36) is not compatible with
Diethylenetriamine, Ethylenediamine, Ethyleaneamine EA 1302, or
Triethylenetetramine, all Group 7, Aliphatic amines.
1, 1, 1-Trichloroethane (36) is not compatible with Oleum (0).
Trichloroethylene (36) is not compatible with Group 5, Caustics.
Triethylenetetramine (7) is not compatible with Carbon
tetrachloride, or 1, 2, 3-Trichloropropane, both Group 36,
Halogenated hydrocarbons.
Triethyl phosphite (34) is not compatible with Group 1 (non-
oxidizing mineral acids) and Group 4 (Organic acids).
Trimethyl phosphite (34) is not compatible with Group 1 (non-
oxidizing mineral acids) and Group 4 (Organic acids).
1, 3, 5-Trioxane (41) is not compatible with Group 1 (non-oxidizing
mineral acids) and Group 4 (Organic acids).
Vinyl neodecanoate (13) is not compatible with Group 5, Caustics.

PART 153--SHIPS CARRYING BULK LIQUID, LIQUEFIED GAS, OR COMPRESSED
GAS HAZARDOUS MATERIALS

0
7. Revise the authority citation for part 153 to read as follows:

    Authority: 46 U.S.C. 2103, 3703; Department of Homeland Security
Delegation No. 0170.1, para. II (92.a), (92.b). Section 153.40
issued under 49 U.S.C. 5103. Sections 153.470 through 153.491,
153.1100 through 153.1132, and 153.1600 through 153.1608 also issued
under 33 U.S.C. 1903 (b).

0
8. Revise Table 2 to part 153, as amended by the interim rule published
on August 16, 2013 (78 FR 50148), effective January 16, 2017, as
delayed at 79 FR 68132, November 14, 2014, to read as follows:
    The cargoes listed in this table are not regulated under subchapter
D or O of this title when carried in bulk on non-oceangoing barges.
Category X, Y, or Z noxious liquid substance (NLS) cargo, as defined in
Annex II of MARPOL 73/78, listed in this table, or any mixture
containing one or more of these cargoes, must be carried under this
subchapter if carried in bulk on an oceangoing ship.

 Table 2 to Part 153--Cargoes Not Regulated Under Subchapters D or O of
       This Chapter When Carried in Bulk on Non-Oceangoing Barges
------------------------------------------------------------------------
                  Cargoes                         Pollution category
------------------------------------------------------------------------
Acrylic acid/ethenesulfonic acid copolymer   Z.
 with phosphonate groups, sodium salt
 solution.
Aluminum sulfate solution..................  Y.
2-Amino-2-hydroxymethyl-1,3-propanediol      #.
 solution.
Ammonium hydrogen phosphate solution.......  Z.
Ammonium lignosulfonate solutions, see also  Z.
 Lignin liquor.
Ammonium nitrate solution (45% or less)....  #.
Ammonium phosphate, urea solution, see also  #.
 Urea, Ammonium phosphate solution.
Ammonium polyphosphate solution............  Z.
Ammonium sulfate solution..................  Z.
Ammonium thiosulfate solution (60% or less)  Z.
Apple juice................................  OS.
Calcium bromide solution...................  Z.
Calcium carbonate slurry...................  OS.
Calcium chloride solution..................  Z.
Calcium hydroxide slurry...................  Z.
Calcium lignosulfonate solution, see also    Z.
 Lignin liquor.
Calcium nitrate solutions (50% or less)....  Z.
Calcium nitrate/Magnesium nitrate/Potassium  Z.
 chloride solution.
Caramel solutions..........................  #.
Chlorinated paraffins (C14-C17) (with 50%    X.
 Chlorine or more, and less than 1% C13 or
 shorter chains).
Chlorinated paraffins (C14-C17) (with 52%    #.
 Chlorine).
2-Chloro-4-ethylamino-6-isopropylamino-5-    #.
 triazine solution.
4-Chloro-2-methylphenoxyacetic acid,         Y.
 dimethylamine salt solution.
Choline chloride solutions.................  Z.
Clay slurry................................  OS.
Coal slurry................................  OS.
Dextrose solution, see Glucose solution....  ...........................
Diethylenetriamine pentaacetic acid,         Z.
 pentasodium salt solution.
1,4-Dihydro-9,10-dihydroxy anthracene,       #.
 disodium salt solution.
Dodecenylsuccinic acid, dipotassium salt     #.
 solution.
Drilling brine (containing Calcium,          #.
 Potassium, or Sodium salts) (see also
 Potassium chloride solution (10% or more)).
Drilling brines, including: Calcium bromide  Z.
 solution, Calcium chloride solution and
 Sodium chloride solution (if non-flammable
 and non-combustible).
Drilling brines (containing Zinc salts)....  X.
Drilling mud (low toxicity) (if non-         #
 flammable and non-combustible).
Ethylene-Vinyl acetate copolymer (emulsion)  Y.
Ferric hydroxyethylethylenediamine           #.
 triacetic acid, trisodium salt solution.
Fish solubles (water based fish meal         #.
 extracts).
Fructose solution..........................  #.

Glucose solution...........................  OS.
Glycine, Sodium salt solution..............  Z.
Glyphosate solution (not containing          Y.
 surfactant).
Hexamethylenediamine adipate solution......  #.
Hexamethylenediamine adipate (50% in water)  Z.
N-(Hydroxyethyl)ethylenediamine triacetic    Y.
 acid, trisodium salt solution.
Kaolin clay solution.......................  #.
Kaolin slurry..............................  OS.
Kraft pulping liquor (free alkali content,   #.
 1% or less) including: Black, Green, or
 White liquor.
Lignin liquor (free alkali content, 1% or    Z.
 less).
including:                                   ...........................
    Ammonium lignosulfonate solutions......  Z.
    Calcium lignosulfonate solutions.......  Z.
    Sodium lignosulfonate solution.........  Z.
Ligninsulfonic acid, Sodium salt solution..  Z.
Magnesium chloride solution................  Z.
Magnesium hydroxide slurry.................  Z.
Magnesium sulfonate solution...............  #.
Maltitol solution..........................  OS.
Microsillica slurry........................  OS.
Milk.......................................  #.
Molasses...................................  OS.
Molasses residue (from fermentation).......  #.
Naphthalenesulfonic acid-Formaldehyde        Z.
 copolymer, sodium salt solution.
Naphthenic acid, sodium salt solution......  #.
Nitrilotriacetic acid, trisodium salt        Y.
 solution.
Noxious liquid, NF, (1) n.o.s. (``trade      X.
 name'' contains ``principle components'')
 ST 1, Cat X (if non-flammable and non-
 combustible).
Noxious liquid, NF, (3) n.o.s. (``trade      X.
 name'' contains ``principle components'')
 ST 2, Cat X (if non-flammable and non-
 combustible).
Noxious liquid, NF, (5) n.o.s. (``trade      Y.
 name'' contains ``principle components'')
 ST 2, Cat Y (if non-flammable and non-
 combustible).
Noxious liquid, NF, (7) n.o.s. (``trade      Y.
 name'' contains ``principle components'')
 ST 3, Cat Y (if non-flammable and non-
 combustible).
Noxious liquid, NF, (9) n.o.s. (``trade      Z.
 name'' contains ``principle components'')
 ST 3, Cat Z (if non-flammable and non-
 combustible).
Noxious liquid, NF, (11) n.o.s. (``trade     Z.
 name'' contains ``principle components'')
 Cat Z (if non-flammable and non-
 combustible).
Noxious liquid, NF, (12) n.o.s. (``trade     OS.
 name'' contains ``principle components'')
 Cat OS (if non-flammable and non-
 combustible).
Orange juice (concentrated)................  OS.
Orange juice (not concentrated)............  OS.
Pentasodium salt of Diethylenetriamine       ...........................
 pentaacetic acid solution, see
 Diethylenetriamine pentaacetic acid,
 pentasodium salt solution.
Polyaluminum chloride solution.............  Z.
Potassium chloride solution (26% or more),   ...........................
 see Drilling brines, including: Calcium
 bromide solution, Calcium chloride
 solution and Sodium chloride solution.
Potassium chloride solution (less than 26%)  OS.
Potassium formate solutions................  Z.
Potassium thiosulfate (50% or less)........  Y.
Sewage sludge, treated (treated so as to     #.
 pose no additional decompositional and
 fire hazard; stable, non-corrosive, non-
 toxic, non-flammable).
Silica slurry..............................  #.
Sludge, treated (treated so as to pose no    #.
 additional decompositional and fire
 hazard; stable, non-corrosive, non-toxic,
 non-flammable).
Sodium acetate, Glycol, Water mixture        #.
 (containing 1% or less Sodium hydroxide)
 (if non-flammable or non-combustible).
Sodium acetate solutions...................  Z.
Sodium alkyl (C14-C17) sulfonates (60-65%    Y.
 solution).
Sodium aluminosilicate slurry..............  Z.
Sodium bicarbonate solution (less than 10%)  OS.
Sodium carbonate solution..................  Z.
Sodium hydrogen sulfide (6% or less)/Sodium  Z.
 carbonate (3% or less) solution.
Sodium lignosulfonate solution, see also     Z.
 Lignin liquor.
Sodium naphthenate solution (free alkali     ...........................
 content, 3% or less), see Naphthenic acid,
 sodium salt solution.
Sodium poly(4+)acrylate solutions..........  Z.
Sodium silicate solution...................  Y.
Sodium sulfate solutions...................  Z.
Sodium sulfite solution (25% or less)......  Y.
Sodium thiocyanate solution (56% or less)..  Y.
Sorbitol solution..........................  OS.
Sulfonated polyacrylate solution...........  Z.
Tetrasodium salt of                          ...........................
 Ethylenediaminetetraaacetic acid solution,
 see Ethylenediaminetetraacetic acid,
 tetrasodium salt solution.

Titanium dioxide slurry....................  Z.
1,1,1-Trichloroethane......................  Y.
1,1,2-Trichloro-1,2,2-trifluoroethane......  Y.
Trisodium salt of N-                         ...........................
 (Hydroxyethyl)ethylenediamine triacetic
 acid solution, see N-
 (Hydroxyethyl)ethylenediamine triacetic
 acid, trisodium salt solution.
Urea, Ammonium mono-and di-hydrogen          #.
 phosphate, Potassium chloride solution.
Urea/Ammonium nitrate solution.............  Z.
Urea/Ammonium phosphate solution...........  Y.
Urea solution..............................  Z.
Vanillan black liquor (free alkali content,  #.
 1% or less).
Vegetable protein solution (hydrolyzed) (if  OS.
 non-flammable and non-combustible).
Water......................................  OS.
Zinc bromide, Calcium bromide solution, see  ...........................
 Drilling brines (containing Zinc salts).
------------------------------------------------------------------------
Explanation of Symbols Used in this Table:
X, Y, Z--NLS Category of Annex II of MARPOL 73/78.
#--No determination of NLS status. For shipping on an oceangoing vessel,
  see 46 CFR 153.900(c).
OS--Other substances, at present considered to present no harm to marine
  resources, human health, amenities or other legitimate uses of the sea
  when discharged into the sea from tank cleaning or deballasting
  operations.
Abbreviations for Noxious liquid substances used in this table:
Cat--Pollution category.
NF--Non-flammable (flash point greater than 60 degrees C (140 degrees F)
  cc).
n.o.s.--Not otherwise specified.
ST--Ship type.
Entries in bold were added from the March 2012 Annex to the 2007 IBC
  Code.

    Dated: October 13, 2015.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2015-26371 Filed 10-21-15; 8:45 am]
BILLING CODE 9110-04-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on June 28, 2005

NOTICE OF ACTION TAKEN -- DOCKET OST-2005-21131

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant: Transportes Aereos De Cabo Verde d/b/a/ TACV			Date Filed:
May 2, 2005

Relief requested:  Exemption from 49 U.S.C. § 41301 to engage in (1)
scheduled foreign air transportation of persons, property and mail from
points behind Cape Verde, via Cape Verde and intermediate points to a
point or points in the United States, and beyond; (2) scheduled
all-cargo service or services between the United States and any point or
points; (3) charter foreign air transportation of persons, property and
mail between any point or points in Cape Verde, and any point or points
in the United States; and (4) charter foreign air transportation of
persons, property and mail between any point or points in the United
States, and any point or points in a third country or countries,
provided that, except with respect to cargo charters, such service
constitutes part of a continuous operation, with or without a change of
aircraft, that includes service to Cape Verde, for the purpose of
carrying local traffic between Cape Verde and the United States.

If renewal, date and citation of last action: New authority

Applicant representative:  Aidan D. Jones<PHONE_NUMBER>

DOT Analyst:  Shelita A. Smith<PHONE_NUMBER>

Responsive pleadings: None filed

DISPOSITION

Action:  Approved							Action date: June 28, 2005

Effective dates of exemption authority granted: June 28, 2005 – June
28, 2007

Basis for approval (bilateral agreement/reciprocity):  The U.S.-Cape
Verde Air Transport Agreement

 Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:

  X    Standard exemption conditions (attached)                Foreign
air carrier permit   (Order            )

Special conditions/Partial grant/Denial basis/Remarks:  As requested, we
have not imposed a wet lease condition on this grant of authority.  Cape
Verde is Category 1 under the IASA program.  Furthermore, we have been
advised by the FAA that it knows of no reason to withhold the authority
requested.

Action taken by:  Paul L. Gretch, Director

		   Office of International Aviation

________________________________________________________________________
________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) the applicant is qualified to perform the
proposed operations; (2) our action was consistent with Department
policy; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied

all requests in the referenced Docket.  We may amend, modify, or revoke
the authority granted in this Notice at any time without hearing at our
discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR §
385.30, may file their petitions within seven (7) days after the date of
issuance of this Notice.  This action was effective when taken, and the
filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its International Principal Security Inspector (IPSI) to advise
the IPSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

 TACV currently holds authority to engage in scheduled foreign air
transportation of persons, property and mail between Ilha do Sal, Cape
Verde, and the two U.S. coterminal points Boston and New York, subject
to a wet-lease condition.  (See Docket OST-1995-298)  TACV requests that
we remove the wet lease condition in awarding the present authority.

05/2004


[Federal Register Volume 85, Number 174 (Tuesday, September 8, 2020)]
[Notices]
[Pages 55540-55544]
[FR Doc No: 2020-19842]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89741; File No. SR-NYSEArca-2020-79]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Modify the NYSE
Arca Options Fee Schedule

September 2, 2020.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on September 1, 2020, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items

have been prepared by the self-regulatory organization. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to modify the NYSE Arca Options Fee Schedule
(``Fee Schedule'') regarding credits for certain Qualified Contingent
Cross (``QCC'') transactions. The Exchange proposes to implement the
fee change effective September 1, 2020. The proposed rule change is
available on the Exchange's website at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of this filing is to amend the Fee Schedule to adopt
new credits for certain QCC transactions, which are designed to
encourage an increase in billable manual volume executed on the
Exchange, including QCC transactions.\4\ The Exchange proposes to
implement the rule change on September 1, 2020.
---------------------------------------------------------------------------

    \4\ A QCC is defined as an originating order to buy or sell at
least 1,000 contracts that is identified as being part of a
qualified contingent trade, coupled with a contraside order or
orders totaling an equal number of contracts. See Rule 6.62-O(bb).
---------------------------------------------------------------------------

    Currently, Floor Brokers earn a credit for executed QCC orders of
($0.07) per contract for the first 300,000 contracts or ($0.10) per
contract in excess of 300,000.\5\ The Exchange currently limits the
maximum Floor Broker credit to $375,000 per month per Floor Broker
firm.\6\
---------------------------------------------------------------------------

    \5\ See Fee Schedule, Qualified Contingent Cross (``QCC'')
Transactions Fees and Credits, available here, https://www.nyse.com/publicdocs/nyse/markets/arca-options/NYSE_Arca_Options_Fee_Schedule.pdf.
    \6\ See id., Endnote 13. The Floor Broker credit is paid only on
volume within the applicable tier and is not retroactive to the
first contract traded. QCC executions in which a Customer is on both
sides of the QCC trade will not be eligible for the Floor Broker
credit. See id.
---------------------------------------------------------------------------

    The Exchange proposes to amend the Fee Schedule to provide an
additional ($0.02) per contract credit on the first 300,000 eligible
QCC contracts to Floor Brokers that meet a certain minimum level of
average daily volume (``ADV'').\7\ Specifically, the Exchange proposes
that a Floor Broker would be entitled to the enhanced credit provided
the Floor Broker executes the greater of:
---------------------------------------------------------------------------

    \7\ See proposed Endnote 13 to Fee Schedule.
---------------------------------------------------------------------------

     At least 150% of the Floor Broker's First Quarter (``Q1'')
2019 billable contract sides ADV; or
     at least 30,000 billable contract sides ADV.\8\
---------------------------------------------------------------------------

    \8\ See id.
---------------------------------------------------------------------------

    As proposed, the calculation for billable contract sides ADV
applies to manual executions and QCCs, but excludes Customer volume,
Professional Customer QCC volume, Firm Facilitation and Broker Dealer
facilitating a Customer trades, and any volume calculated to achieve
the Firm and Broker Dealer Monthly Fee Cap and the Strategy Execution
Fee Cap, regardless of whether either of these caps is achieved.\9\ In
short, any volume (or contract side) for which a Floor Broker is
(potentially) not billed, including because of monthly fee caps, would
not count towards achieving the enhanced credit. The proposed enhanced
credit would not impact the maximum allowable monthly Floor Broker
credit, which would continue to be limited to $375,000 per month per
Floor Broker firm.
---------------------------------------------------------------------------

    \9\ See id.
---------------------------------------------------------------------------

    The Exchange believes that 30,000 contract sides in billable ADV
(i.e., 150% of 20,000 contract sides) is a reasonable minimum threshold
for a Floor Broker, including one that is new to the Exchange, to
achieve given that most Floor Brokers exceeded this volume requirement
during several months of 2019, even though it was not required.
Similarly, the Exchange believes that the minimum alternative threshold
of 150% of a Floor Broker's total billable ADV in contract sides during
the Q1 2019 is reasonable for those Floor Brokers that achieve more
than 30,000 ADV billable contract sides, given the increased options
volume executed by Floor Brokers in 2020--pre-COVID-19, which manual
volume levels the Exchange believes will rise again post-COVID-19, as
market participants return to their normal capacity and workflow.
    The Exchange cannot predict with certainty whether any Floor
Brokers would avail themselves of the proposed fee change. However, all
Floor Brokers are eligible for this enhanced credit.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\10\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\11\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

The Proposed Rule Change Is Reasonable
    The Exchange operates in a highly competitive market. The
Commission has repeatedly expressed its preference for competition over
regulatory intervention in determining prices, products, and services
in the securities markets. In Regulation NMS, the Commission
highlighted the importance of market forces in determining prices and
SRO revenues and, also, recognized that current regulation of the
market system ``has been remarkably successful in promoting market
competition in its broader forms that are most important to investors
and listed companies.'' \12\
---------------------------------------------------------------------------

    \12\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005) (S7-10-04) (``Reg NMS
Adopting Release'').
---------------------------------------------------------------------------

    There are currently 16 registered options exchanges competing for
order flow. Based on publicly-available information, and excluding
index-based options, no single exchange has more than 16% of the market
share of executed volume of multiply-listed equity and ETF options
trades.\13\ Therefore, no exchange possesses significant pricing power
in the execution of multiply-listed equity & ETF options order flow.
More specifically, in June 2020, the Exchange had slightly more than
10% market share of executed volume of multiply-listed equity & ETF
options trades.\14\
---------------------------------------------------------------------------

    \13\ The OCC publishes options and futures volume in a variety
of formats, including daily and monthly volume by exchange,
available here: https://www.theocc.com/market-data/volume/default.jsp.
    \14\ Based on OCC data, see id., the Exchange's market share in
equity-based options was 9.59% for the month of June 2019 and 10.69%
for the month of June 2020.
---------------------------------------------------------------------------

    The Exchange believes that the ever-shifting market share among the

exchanges from month to month demonstrates that market participants can
shift order flow, or discontinue or reduce use of certain categories of
products, in response to fee changes. Accordingly, competitive forces
constrain options exchange transaction fees. Stated otherwise,
modifications to exchange transaction fees can have a direct effect on
the ability of an exchange to compete for order flow.
    To respond to this competitive marketplace, the Exchange has
established incentives to assist Floor Brokers in attracting more
business to the Exchange--including credits on QCC transactions--as
such participants serve an important function in facilitating the
execution of orders via open outcry, which promotes price discovery on
the public markets.
    The Exchange believes that the proposed enhanced credit is
reasonable because it is designed to incent Floor Brokers to increase
the number and type of manual billable transactions sent to the
Exchange, including QCC transactions. To the extent that the proposed
change attracts more volume to the Exchange, this increased order flow
would continue to make the Exchange a more competitive venue for order
execution, which, in turn, promotes just and equitable principles of
trade and removes impediments to and perfects the mechanism of a free
and open market and a national market system. The Exchange notes that
all market participants stand to benefit from any increase in volume by
Floor Brokers, which promotes market depth, facilitates tighter spreads
and enhances price discovery, and may lead to a corresponding increase
in order flow from other market participants. In addition, any
increased liquidity on the Exchange would result in enhanced market
quality for all participants.
    Floor Brokers have the option of attempting to trade sufficient
volume to achieve the proposed credit and those Floor Brokers that do
not meet the minimum volume thresholds would still be eligible for the
current ($0.07) per contract credit on the first 300,000 QCC
transactions executed on the Exchange.
    Finally, to the extent the proposed change continues to attract
greater volume and liquidity, the Exchange believes the proposed change
would improve the Exchange's overall competitiveness and strengthen its
market quality for all market participants. In the backdrop of the
competitive environment in which the Exchange operates, the proposed
rule change is a reasonable attempt by the Exchange to increase the
depth of its market and improve its market share relative to its
competitors. The Exchange's fees are constrained by intermarket
competition, as Floor Brokers may direct their order flow to any of the
16 options exchanges, including those with similar QCC credits.\15\
Thus, Floor Brokers have a choice of where they direct their order
flow--including their QCC transactions. The proposed rule change is
designed to incent Floor Brokers to direct liquidity to the Exchange--
in particular billable manual volume and QCC orders, thereby promoting
market depth, price discovery and improvement and enhancing order
execution opportunities for market participants.
---------------------------------------------------------------------------

    \15\ See e.g., Nasdaq ISE fee schedule, Section 6 A. (QCC and
Solicitation Rebate). Nasdaq ISE offers rebates on QCC and
Solicitation mechanism transactions from ($0.05) on 100,000 to
199,000 contracts, up to ($0.11) per contract beyond 1,000,000
contracts in a month.
---------------------------------------------------------------------------

    The Exchange cannot predict with certainty whether any Floor
Brokers would avail themselves of the proposed fee change.
The Proposed Rule Change Is an Equitable Allocation of Credits and Fees
    The Exchange believes the proposed rule change is an equitable
allocation of its fees and credits. The proposal is based on the amount
and type of business transacted on the Exchange and Floor Brokers can
opt to attempt to trade sufficient volume to achieve the enhanced
credit or not. All Floor Brokers have the ability to qualify for the
same enhanced credit under two alternatives offered (i.e., the greater
of at least 30,000 contract sides in billable ADV or 150% of the Floor
Broker's total billable ADV in contract sides during the Q1 2019).
    In addition, the proposed change applies to qualifying Floor
Brokers equally and would encourage and support Floor Brokers
facilitating the execution of orders via open outcry.
    Moreover, the proposed enhanced credit is designed to incent Floor
Brokers to encourage OTP Holders to aggregate their executions--
particularly billable volumes--at the Exchange as a primary execution
venue. To the extent that the proposed changes attract more volume to
the Exchange, this increased order flow would continue to make the
Exchange a more competitive venue for, among other things, order
execution. Thus, the Exchange believes the proposed rule changes would
improve market quality for all market participants on the Exchange and,
as a consequence, attract more order flow to the Exchange thereby
improving market-wide quality and price discovery.
The Proposed Rule Change Is Not Unfairly Discriminatory
    The Exchange believes it is not unfairly discriminatory to add an
enhanced Floor Broker credit because the proposed modification would be
available to all similarly-situated Floor Brokers on an equal and non-
discriminatory basis. The proposed enhanced credit is not unfairly
discriminatory to non-Floor Brokers because Floor Brokers serve an
important function in facilitating the execution of orders via open
outcry, which as a price-improvement mechanism, the Exchange wishes to
encourage and support.
    The proposal is based on the amount and type of business transacted
on the Exchange and Floor Brokers are not obligated to try to achieve
the enhanced credit, nor are they obligated to execute QCC orders.
Rather, the proposal is designed to encourage Floor Brokers to utilize
the Exchange as a primary trading venue for manual transactions (if
they have not done so previously) or increase volume sent to the
Exchange. To the extent that the proposed change attracts more billable
manual volume, including QCC orders to the Exchange, this increased
order flow would continue to make the Exchange a more competitive venue
for order execution. Thus, the Exchange believes the proposed rule
change would improve market quality for all market participants on the
Exchange and, as a consequence, attract more order flow to the Exchange
thereby improving market-wide quality and price discovery. The
resulting increased volume and liquidity would provide more trading
opportunities and tighter spreads to all market participants and thus
would promote just and equitable principles of trade, remove
impediments to and perfect the mechanism of a free and open market and
a national market system and, in general, to protect investors and the
public interest.
    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.

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

    In accordance with Section 6(b)(8) of the Act, the Exchange does
not believe that the proposed rule change would impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Instead, as discussed above, the Exchange believes
that the proposed changes would encourage the

submission of additional liquidity to a public exchange, thereby
promoting market depth, price discovery and transparency and enhancing
order execution opportunities for all market participants. As a result,
the Exchange believes that the proposed change furthers the
Commission's goal in adopting Regulation NMS of fostering integrated
competition among orders, which promotes ``more efficient pricing of
individual stocks for all types of orders, large and small.'' \16\
---------------------------------------------------------------------------

    \16\ See Reg NMS Adopting Release, supra note 12, at 37499.
---------------------------------------------------------------------------

    Intramarket Competition. The proposed enhanced credit is designed
attract additional order flow to the Exchange (particularly in Floor
Brokers' billable manual volume, including QCC transactions), which
would enhance the quality of quoting and may increase the volumes of
contracts traded on the Exchange. Greater liquidity benefits all market
participants on the Exchange and increased billable manual volume would
increase opportunities for execution of other trading interest. The
proposed enhanced credit would be available to all similarly-situated
Floor Brokers that executed manual trades, and, as such, the proposed
change would not impose a disparate burden on competition among market
participants on the Exchange. To the extent that there is an additional
competitive burden on non-Floor Brokers, the Exchange believes that
this is appropriate because Floor Brokers serve an important function
in facilitating the execution of orders via open outcry, which as a
price-improvement mechanism, the Exchange wishes to encourage and
support.
    Intermarket Competition. The Exchange operates in a highly
competitive market in which market participants can readily favor one
of the 16 competing option exchanges if they deem fee levels at a
particular venue to be excessive. In such an environment, the Exchange
must continually adjust its fees to remain competitive with other
exchanges and to attract order flow to the Exchange. Based on publicly-
available information, and excluding index-based options, no single
exchange has more than 16% of the market share of executed volume of
multiply-listed equity and ETF options trades.\17\ Therefore, currently
no exchange possesses significant pricing power in the execution of
multiply-listed equity & ETF options order flow. More specifically, in
June 2020, the Exchange had slightly more than 10% market share of
executed volume of multiply-listed equity & ETF options trades.\18\
---------------------------------------------------------------------------

    \17\ The OCC publishes options and futures volume in a variety
of formats, including daily and monthly volume by exchange,
available here: https://www.theocc.com/market-data/volume/default.jsp.
    \18\ Based on OCC data, see id., the Exchange's market share in
equity-based options was 9.51% for the month of June 2019 and 10.65%
for the month of June 2020.
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change reflects this
competitive environment because it modifies the Exchange's fees in a
manner designed to incent Floor Brokers to direct trading interest
(particularly billable manual volume and QCC transactions) to the
Exchange, to provide liquidity and to attract order flow. To the extent
that this purpose is achieved, all the Exchange's market participants
should benefit from the improved market quality and increased
opportunities for price improvement.
    The Exchange notes that it operates in a highly competitive market
in which market participants can readily favor competing venues. In
such an environment, the Exchange must continually review, and consider
adjusting, its fees and credits to remain competitive with other
exchanges. For the reasons described above, the Exchange believes that
the proposed rule change reflects this competitive environment. And, in
fact, the Exchange believes that the proposed change could promote
competition between the Exchange and other execution venues, including
those that currently offer similar QCC credits, by encouraging
additional orders to be sent to the Exchange for execution.\19\
---------------------------------------------------------------------------

    \19\ See supra note 15 (regarding Nasdaq ISE QCC and
Solicitation Rebate).
---------------------------------------------------------------------------

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \20\ of the Act and subparagraph (f)(2) of Rule
19b-4 \21\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(3)(A).
    \21\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \22\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2020-79 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2020-79. 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 Number SR-NYSEArca-2020-79, and should
be submitted on or before September 29, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
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    \23\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-19842 Filed 9-4-20; 8:45 am]
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[Federal Register Volume 77, Number 150 (Friday, August 3, 2012)]
[Notices]
[Page 46433]
[FR Doc No: 2012-19070]

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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9004-3]

Environmental Impacts Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or http://www.epa.gov/compliance/nepa/.

Weekly receipt of Environmental Impact Statements
Filed 07/23/2012 Through 07/27/2012
    Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: http://www.epa.gov/compliance/nepa/eisdata.html.

SUPPLEMENTARY INFORMATION:
    Starting October 1, 2012, EPA will not accept paper copies or CDs
of EISs for filing purposes; all submissions on or after October 1,
2012 must be made through e-NEPA.
    While this system eliminates the need to submit paper or CD copies
to EPA to meet filing requirements, electronic submission does not
change requirements for distribution of EISs for public review and
comment. To begin using e-NEPA, you must first register with EPA's
electronic reporting site--https://cdx.epa.gov/epa_home.asp

EIS No. 20120250, Draft EIS, FERC, CA, Middle Fork American River
Hydroelectric Project, (FERC Project No. 2079-069) Relicensing, Placer
and El Dorado Counties, CA, Comment Period Ends: 10/02/2012, Contact:
Mary O'Driscoll >1-866-208-3372.
EIS No. 20120251, Draft Supplement, NOAA, WA, PROGRAMMATIC--Lower
Duwamish River Natural Resource Damage Assessment (LDR/NRDA)
Restoration Plan, Additional Detailed Information and Minor Changes,
Implementation, King County, WA, Comment Period Ends: 10/10/2012,
Contact: Rebecca Hoff<PHONE_NUMBER>.
EIS No. 20120252, Final EIS, USFS, CA, Johnny O'Neil Late Successional
Reserve Habitat Restoration and Fuel Reduction Project, Proposal to
Retain and Promote the Development of Late Successional Habitat and
Reduce the Risk of Large, High Severity Wildfire, Happy Camp and Oak
Knoll Ranger District, Klamath National Forest, Siskiyou County, CA,
Review Period Ends: 09/04/2012, Contact: Timothy Burnett<PHONE_NUMBER>.
EIS No. 20120253, Draft EIS, USACE, CA, Eagle Rock Aggregate Terminal
Project, Determining to Issue Permits for the Authorization of Wharf
Improvements and Related Dredging Activities in Navigable Waters of the
U.S., Port of Long Beach, Los Angeles County, CA, Comment Period Ends:
09/17/2012, Contact: John Markham<PHONE_NUMBER>.
EIS No. 20120254, Final EIS, BLM, NV, Clark, Lincoln, and White Pine
Counties Groundwater Development Project, Construction and Operation of
Pipeline System and Associated Infrastructure, Right-Of-Way
Application, Clark, Lincoln, and White Pine Counties, NV, Review Period
Ends: 10/01/2012, Contact: Penny Woods<PHONE_NUMBER>.
EIS No. 20120255, Revised Draft EIS, USDA, WY, Shoshone Land Management
Plan Revision, Replacing the existing 1986 Plan with a New Plan,
Implementation, Shoshone National Forest, Park, Fremont, Sublette,
Teton, and Hot Springs Counties, WY, Comment Period Ends: 11/01/2012,
Contact: Carrie Christman<PHONE_NUMBER>.
EIS No. 20120256, Final EIS, FHWA, NY, Tappan Zee Hudson River Crossing
Project, To Provide an Improved Hudson River Crossing between Rockland
and Westchester Counties, Funding, USACE Section 10 and 404 Permits,
Rockland and Westchester Counties, NY, Review Period Ends: 09/04/2012,
Contact: Jonathan D. McDade<PHONE_NUMBER>.

    Dated: July 31, 2012.
Cliff Rader,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2012-19070 Filed 8-2-12; 8:45 am]
BILLING CODE 6560-50-P