[Federal Register Volume 77, Number 91 (Thursday, May 10, 2012)]
[Notices]
[Pages 27534-27537]
[FR Doc No: 2012-11309]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

[Docket No. DOT-OST-2012-0044]

Department of Transportation Updated Environmental Justice Order
5610.2(a)

AGENCY: Office of the Secretary of Transportation, DOT.

ACTION: Final DOT Environmental Justice Order.

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SUMMARY: The Department of Transportation (the Department or DOT) is
issuing an update to Departmental Order 5610.2(a) (Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations). This Order updates the Department's original
Environmental Justice Order, which was published April 15, 1997. The
Order continues to be a key component of the Department's strategy to
promote the principles of environmental justice in all Departmental
programs, policies, and activities.
    DOT Order 5610.2(a) sets forth the DOT policy to consider
environmental justice principles in all (DOT) programs, policies, and
activities. It describes how the objectives of environmental justice
will be integrated into planning and programming, rulemaking, and
policy formulation. The Order sets forth steps to prevent
disproportionately high and adverse effects to minority or low-income
populations through Title VI analyses and environmental justice
analyses conducted as part of Federal transportation planning and NEPA
provisions. It also describes the specific measures to be taken to
address instances of disproportionately high and adverse effects and
sets forth relevant definitions.
    This updated Order reaffirms DOT's commitment to environmental
justice and clarifies certain aspects of the original Order, including
the definitions of ``minority'' populations in compliance with the
Office of Management and Budget's (OMB) Revisions to the Standards for
the Classification of Federal Data on Race and Ethnicity of October 30,
1997. The revisions clarify the distinction between a Title VI analysis
and an environmental justice analysis conducted as part of a NEPA
review, and affirm the importance of considering environmental justice
principles as part of early planning activities in order to avoid
disproportionately high and adverse effects. The updated Order
maintains the original Orders general framework and procedures and
DOT's commitment to promoting the principles of environmental justice
in all DOT programs, policies, and activities.
    This Order is effective upon its date of issuance.

FOR FURTHER INFORMATION CONTACT: Beth Osborne, Deputy Assistant
Secretary for Transportation Policy, telephone<PHONE_NUMBER>, or
<EMAIL_ADDRESS>U.S. Department of Transportation, 1200 New Jersey Avenue
SE., Washington, DC 20590.

Order 5610.2(a)

Subject: Department of Transportation Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations

1. Purpose and Authority
    a. This Order updates and clarifies environmental justice
procedures for the Department in response to the Memorandum of
Understanding on Environmental Justice signed by heads of Federal
agencies on August 4, 2011, DOT's revised environmental justice
strategy issued on March 2, 2012, and Executive Order 12898, Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations, dated February 11, 1994.
    The Department's original Environmental Justice Order, issued April
15, 1997, was a key component of the Department's original strategy and
established procedures to be used by DOT to comply with Executive Order
12898. This revised Order continues to be a key component of DOT's
environmental justice strategy. It updates and clarifies certain
aspects of the original Order while maintaining its general framework
and procedures and DOT's commitment to promoting the principles of
environmental justice in all DOT programs, policies, and activities.
Relevant definitions are in the Appendix.
    b. Executive Order 12898 requires each Federal agency, to the
greatest

extent practicable and permitted by law, and consistent with the
principles set forth in the report on the National Performance Review,
to achieve environmental justice as part of its mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects, including interrelated social
and economic effects, of its programs, policies, and activities on
minority populations and low-income populations in the United States.
Compliance with this DOT Order is a key element in the environmental
justice strategy adopted by DOT to implement the Executive Order, and
can be achieved within the framework of existing laws, regulations, and
guidance.
    c. Consistent with paragraph 6-609 of Executive Order 12898, this
Order is limited to improving the internal management of DOT and is not
intended to, nor does it, create any rights, benefits, or trust
responsibility, substantive or procedural, enforceable at law or
equity, by a party against the Department, its Operating
Administrations, its officers, or any person. Nor should this Order be
construed to create any right to judicial review involving the
compliance or noncompliance with this Order by the Department, its
Operating Administrations, its officers or any other person.
2. Scope
    This Order applies to the Office of the Secretary, DOT's Operating
Administrations, and all other DOT components.
3. Effective Date
    This Order is effective upon its date of issuance.
4. Policy
    a. It is the policy of DOT to promote the principles of
environmental justice (as embodied in the Executive Order) through the
incorporation of those principles in all DOT programs, policies, and
activities. This will be done by fully considering environmental
justice principles throughout planning and decision-making processes in
the development of programs, policies, and activities, using the
principles of the National Environmental Policy Act of 1969 (NEPA),
Title VI of the Civil Rights Act of 1964 (Title VI), the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended, (URA), the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Pub. L. 109-59; SAFETEA-
LU) and other DOT statutes, regulations and guidance that address or
affect infrastructure planning and decision-making; social, economic,
or environmental matters; public health; and public involvement.
    b. In complying with this Order, DOT will rely upon existing
authority to collect data and conduct research associated with
environmental justice concerns. To the extent permitted by existing
law, and whenever practical and appropriate to assure that
disproportionately high and adverse effects on minority or low income
populations are identified and addressed, DOT shall collect, maintain,
and analyze information on the race, color, national origin, and income
level of persons adversely affected by DOT programs, policies, and
activities, and use such information in complying with this Order.
5. Integration With Existing Operations
    a. The Office of the Secretary and each Operating Administration
shall determine the most effective and efficient way of integrating the
processes and objectives of this Order with their existing regulations
and guidance.
    b. In undertaking the integration with existing operations
described in paragraph 5a, DOT shall observe the following principles:
    (1) Environmental justice principles apply to planning and
programming activities, and early planning activities are a critical
means to avoid disproportionately high and adverse effects in future
programs, policies, and activities. Planning and programming activities
for policies, programs, and activities that have the potential to have
a disproportionately high and adverse effect on human health or the
environment shall include explicit consideration of the effects on
minority populations and low-income populations. Procedures shall be
established or expanded, as necessary, to provide meaningful
opportunities for public involvement by members of minority populations
and low-income populations during the planning and development of
programs, policies, and activities (including the identification of
potential effects, alternatives, and mitigation measures).
    (2) Steps shall be taken to provide the public, including members
of minority populations and low-income populations, access to public
information concerning the human health or environmental impacts of
programs, policies, and activities, including information that will
address the concerns of minority and low-income populations regarding
the health and environmental impacts of the proposed action.
    c. Future rulemaking activities undertaken pursuant to DOT Order
2100.5 (which governs all DOT rulemaking), and the development of any
future guidance or procedures for DOT programs, policies, or activities
that affect human health or the environment, shall address compliance
with Executive Order 12898 and this Order, as appropriate.
    d. The formulation of future DOT policy statements and proposals
for legislation that may affect human health or the environment will
include consideration of the provisions of Executive Order 12898 and
this Order.
6. Ongoing DOT Responsibility
    Compliance with Executive Order 12898 is an ongoing DOT
responsibility. DOT will continuously monitor its programs, policies,
and activities to ensure that disproportionately high and adverse
effects on minority populations and low-income populations are avoided,
minimized or mitigated in a manner consistent with this Order and
Executive Order 12898. This Order does not alter existing assignments
or delegations of authority to the Operating Administrations or other
DOT components.
7. Preventing Disproportionately High and Adverse Effects
    Under Title VI, each Federal agency is required to ensure that no
person, on the ground of race, color, or national origin, is excluded
from participation in, denied the benefits of, or subjected to
discrimination under any program or activity receiving Federal
financial assistance. This statute affects every program area in DOT.
Consequently, DOT managers and staff must administer their programs in
a manner to assure that no person is excluded from participating in,
denied the benefits of, or subjected to discrimination by any program
or activity of DOT because of race, color, or national origin. While
Title VI is a key tool for agencies to use to achieve environmental
justice goals, it is important to recognize that Title VI imposes
statutory and regulatory requirements that are broader in scope than
environmental justice. There may be some overlap between environmental
justice and Title VI analyses; however, engaging in environmental
justice analysis under Federal transportation planning and NEPA
provisions will not necessarily satisfy Title VI requirements.
Similarly, a Title VI analysis would not necessarily satisfy
environmental justice requirements,

since Title VI does not include low-income populations. Moreover, Title
VI applies to all Federally-funded projects and activities, not solely
those which may have adverse human health or environmental effects on
communities.
    b. It is DOT's policy to actively administer and monitor its
operations and decision-making to assure that nondiscrimination and the
prevention of disproportionately high and adverse effects are an
integral part of its programs, policies, and activities. DOT currently
administers policies, programs, and activities which are subject to the
requirements of NEPA, Title VI, URA, SAFETEA-LU and other statutes that
involve human health or environmental matters, or interrelated social
and economic impacts. These requirements will be administered so as to
identify, early in the development of the program, policy or activity,
the risk of discrimination and disproportionately high and adverse
effects so that positive corrective action can be taken. In
implementing these requirements, the following information should be
obtained where relevant, appropriate and practical:

--Population served and/or affected by race, color or national origin,
and income level;
--Proposed steps to guard against disproportionately high and adverse
effects on persons on the basis of race, color, or national origin, and
income level;
--Present and proposed membership by race, color, or national origin,
in any planning or advisory body that is part of the program, policy or
activity.

    c. Statutes governing DOT operations will be administered so as to
identify and avoid discrimination and avoid disproportionately high and
adverse effects on minority populations and low-income populations by:
    (1) Identifying and evaluating environmental, public health, and
interrelated social and economic effects of DOT programs, policies, and
activities,
    (2) Proposing measures to avoid, minimize and/or mitigate
disproportionately high and adverse environmental and public health
effects and interrelated social and economic effects, and providing
offsetting benefits and opportunities to enhance communities,
neighborhoods, and individuals affected by DOT programs, policies, and
activities, where permitted by law and consistent with the Executive
Order,
    (3) Considering alternatives to proposed programs, policies, and
activities, where such alternatives would result in avoiding and/or
minimizing disproportionately high and adverse human health or
environmental impacts, consistent with the Executive Order, and
    (4) Eliciting public involvement opportunities and considering the
results thereof, including soliciting input from affected minority and
low-income populations in considering alternatives.
8. Actions To Address Disproportionately High and Adverse Effects
    a. Following the guidance set forth in this Order and its Appendix,
the head of each Operating Administration and the responsible officials
for other DOT components shall determine whether programs, policies, or
activities for which they are responsible will have an adverse human
health or environmental effect on minority and low-income populations
and whether that adverse effect will be disproportionately high.
    b. In making determinations regarding disproportionately high and
adverse effects on minority and low-income populations, mitigation and
enhancements measures that will be implemented and all offsetting
benefits to the affected minority and low-income populations may be
taken into account, as well as the design, comparative impacts, and the
relevant number of similar existing system elements in non-minority and
non-low-income areas.
    c. The Operating Administrators and other responsible DOT officials
will ensure that any of their respective programs, policies or
activities that will have a disproportionately high and adverse effect
on minority populations or low-income populations will only be carried
out if further mitigation measures or alternatives that would avoid or
reduce the disproportionately high and adverse effect are not
practicable. In determining whether a mitigation measure or an
alternative is ``practicable,'' the social, economic (including costs)
and environmental effects of avoiding or mitigating the adverse effects
will be taken into account.
    d. The Operating Administrations and other responsible DOT
officials will also ensure that any of their respective programs,
policies, or activities that will have a disproportionately high and
adverse effect on populations protected by Title VI (``protected
populations'') will only be carried if:
    (1) A substantial need for the program, policy, or activity exists,
based on the overall public interest; and
    (2) Alternatives that would have less adverse effects on protected
populations (and that still satisfy the need identified in subparagraph
d(1) above), either
    (a) Would have other adverse social, economic, environmental or
human health impacts that are severe; or
    (b) Would involve increased costs of extraordinary magnitude.
    e. DOT's responsibilities under Title VI and related statutes and
regulations are not limited by this paragraph, nor does this paragraph
limit or preclude claims by individuals or groups of people with
respect to any DOT programs, policies, or activities under these
authorities. Nothing in this Order adds to or reduces existing Title VI
due process mechanisms.
    f. The findings, determinations, and/or demonstration made in
accordance with this section must be appropriately documented, normally
in the environmental impact statement or other NEPA document prepared
for the program, policy, or activity, or in other appropriate planning
or program documentation.

Appendix

1. Definitions

    The following terms where used in this Order shall have the
following meanings:
    a. DOT means the Office of the Secretary, DOT Operating
Administrations, and all other DOT components.
    b. Low-Income means a person whose median household income is at
or below the Department of Health and Human Services poverty
guidelines.
    c. Minority means a person who is:
    (1) Black: A person having origins in any of the black racial
groups of Africa;
    (2) Hispanic or Latino: A person of Mexican, Puerto Rican,
Cuban, Central or South American, or other Spanish culture or
origin, regardless of race;
    (3) Asian American: A person having origins in any of the
original peoples of the Far East, Southeast Asia, or the Indian
subcontinent;
    (4) American Indian and Alaskan Native: A person having origins
in any of the original people of North America, South America
(including Central America), and who maintains cultural
identification through tribal affiliation or community recognition;
or
    (5) Native Hawaiian and Other Pacific Islander: People having
origins in any of the original peoples of Hawaii, Guam, Samoa, or
other Pacific Islands.
    d. Low-Income Population means any readily identifiable group of
low-income persons who live in geographic proximity, and, if
circumstances warrant, geographically dispersed/transient persons
(such as migrant workers or Native Americans) who will be similarly
affected by a proposed DOT program, policy or activity.
    e. Minority Population means any readily identifiable groups of
minority persons who live in geographic proximity, and if
circumstances warrant, geographically dispersed/transient persons
(such as migrant workers or Native Americans) who will be

similarly affected by a proposed DOT program, policy or activity.
    f. Adverse effects means the totality of significant individual
or cumulative human health or environmental effects, including
interrelated social and economic effects, which may include, but are
not limited to: Bodily impairment, infirmity, illness or death; air,
noise, and water pollution and soil contamination; destruction or
disruption of man-made or natural resources; destruction or
diminution of aesthetic values; destruction or disruption of
community cohesion or a community's economic vitality; destruction
or disruption of the availability of public and private facilities
and services; vibration; adverse employment effects; displacement of
persons, businesses, farms, or nonprofit organizations; increased
traffic congestion, isolation, exclusion or separation of minority
or low-income individuals within a given community or from the
broader community; and the denial of, reduction in, or significant
delay in the receipt of, benefits of DOT programs, policies, or
activities.
    g. Disproportionately high and adverse effect on minority and
low-income populations means an adverse effect that:
    (1) Is predominately borne by a minority population and/or a
low-income population, or
    (2) Will be suffered by the minority population and/or low-
income population and is appreciably more severe or greater in
magnitude than the adverse effect that will be suffered by the non-
minority population and/or non-low-income population.
    h. Programs, policies, and/or activities mean all projects,
programs, policies, and activities that affect human health or the
environment, and which are undertaken or approved by DOT. These
include, but are not limited to, permits, licenses, and financial
assistance provided by DOT. Interrelated projects within a system
may be considered to be a single project, program, policy or
activity for purposes of this Order.
    i. Regulations and guidance means regulations, programs,
policies, guidance, and procedures promulgated, issued, or approved
by DOT.

    Dated: May 2, 2012.
Ray LaHood,
Secretary of Transportation.
[FR Doc. 2012-11309 Filed 5-9-12; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 87, Number 22 (Wednesday, February 2, 2022)]
[Notices]
[Pages 5810-5811]
[FR Doc No: 2022-02150]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP21-474-000]

Rover Pipeline LLC; Notice of Availability of the Environmental
Assessment for the Proposed North Coast Interconnect Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared an environmental assessment (EA) for the North
Coast Interconnect Project, proposed by Rover Pipeline LLC (Rover) in
the above-referenced docket. Rover requests authorization to construct
and operate an interconnection along its Mainlines A and B to deliver
108,000 dekatherms per day to North Coast Gas Transmission (NCGT). The
Project would include construction of a new delivery meter station and
ancillary facilities at milepost 19.5 in Seneca County, Ohio.
    The EA assesses the potential environmental effects of the
construction and operation of the North Coast Interconnect Project in
accordance with the requirements of the National Environmental Policy
Act (NEPA). The FERC staff concludes that approval of the proposed
project, with appropriate mitigating measures, would not constitute a
major federal action significantly affecting the quality of the human
environment.
    The proposed North Coast Interconnect Project includes the
following facilities:
     A hot tap, valve, and 140 feet of interconnecting pipe off
the Mainline B Pipeline,
     A meter station including ultrasonic meter skids, flow
control skids, gas quality building, measurement building, and
condensate storage tank, and

     NCGT's metering and regulation facilities including gas
odorizer, odorant tank, and measurement computer.
    The Commission mailed a copy of the Notice of Availability to
federal, state, and local government representatives and agencies;
elected officials; environmental and public interest groups; Native
American tribes; potentially affected landowners and other interested
individuals and groups; and newspapers and libraries in the project
area. The EA is only available in electronic format. It may be viewed
and downloaded from the FERC's website (www.ferc.gov), on the natural
gas environmental documents page (https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). In addition, the EA
may be accessed by using the eLibrary link on the FERC's website. Click
on the eLibrary link (https://elibrary.ferc.gov/eLibrary/search),
select ``General Search'' and enter the docket number in the ``Docket
Number'' field, excluding the last three digits (i.e. CP21-474). Be
sure you have selected an appropriate date range. For assistance,
please contact FERC Online Support at [email protected] or
toll free at<PHONE_NUMBER>, or for TTY, contact<PHONE_NUMBER>.
    The EA is not a decision document. It presents Commission staff's
independent analysis of the environmental issues for the Commission to
consider when addressing the merits of all issues in this proceeding.
Any person wishing to comment on the EA may do so. Your comments should
focus on the EA's disclosure and discussion of potential environmental
effects, reasonable alternatives, and measures to avoid or lessen
environmental impacts. The more specific your comments, the more useful
they will be. To ensure that the Commission has the opportunity to
consider your comments prior to making its decision on this project, it
is important that we receive your comments in Washington, DC on or
before 5:00 p.m. Eastern Time on February 28, 2022.
    For your convenience, there are three methods you can use to file
your comments to the Commission. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or [email protected]. Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature on the Commission's website (www.ferc.gov) under the link to
FERC Online. This is an easy method for submitting brief, text-only
comments on a project;
    (2) You can also file your comments electronically using the
eFiling feature on the Commission's website (www.ferc.gov) under the
link to FERC Online. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the project docket number (CP21-
474-000) on your letter. Submissions sent via the U.S. Postal Service
must be addressed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC
20426. Submissions sent via any other carrier must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Filing environmental comments will not give you intervenor status,
but you do not need intervenor status to have your comments considered.
Only intervenors have the right to seek rehearing or judicial review of
the Commission's decision. At this point in this proceeding, the
timeframe for filing timely intervention requests has expired. Any
person seeking to become a party to the proceeding must file a motion
to intervene out-of-time pursuant to Rule 214(b)(3) and (d) of the
Commission's Rules of Practice and Procedures (18 CFR 385.214(b)(3) and
(d)) and show good cause why the time limitation should be waived.
Motions to intervene are more fully described at https://www.ferc.gov/ferc-online/ferc-online/how-guides.
    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website (www.ferc.gov) using the eLibrary link. The eLibrary link
also provides access to the texts of all formal documents issued by the
Commission, such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to https://www.ferc.gov/ferc-online/overview to
register for eSubscription.

    Dated: January 27, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-02150 Filed 2-1-22; 8:45 am]
BILLING CODE 6717-01-P


BIOPESTICIDES REGISTRATION ACTION DOCUMENT

Typhula phacorrhiza

Strain 94671

PC Code: 036604

	U.S. Environmental Protection Agency

	Office of Chemical Safety and Pollution Prevention

Biopesticides and Pollution Prevention Division

Version # 5

September 2010

TABLE OF CONTENTS

I.
BACKGROUND……………………………………………………
…………	5

II.	 ACTIVE INGREDIENT OVERVIEW	6

III.	 REGULATORY BACKGROUND	6

A.	Applications for pesticide registration	6

B.	North American Free trade agreement joint review	6

C.    FOOD
CLEARANCES/TOLERANCES……………………………………………
……6

IV.	  RISK ASSESSMENT	7

A.	Active Ingredient Characterization	7

B.	Human Health Assessment	8

1.	Toxicity	8

2.    Effects on the Endocrine System	8

3.   Risk
Characterization………………………………………………
………...……9

C.	ENVIRONMENTAL
ASSESSMENT……………………………………………………..
9

1.	Nontarget Organism Toxicology	9

2.	Environmental Fate and Ground Water Data	9

3.	Ecological Exposure and Risk Characterization	9

4.    THREATENED AND ENDANGERED SPECIES
ASSESSMENT…………………..10

D.	PRODUCT PERFORMANCE DATA (EFFICACY)	10

V.	Risk Management Decision	11

VI.   ENVIRONMENTAL
JUSTICE………………………………………………………
…..11

VII.	TERMS OF THE REGISTRATION(S)	11

VIII.	 Appendix A. Data Requirements (40 CFR Part 158-Subpart V)	12

IX.	Appendix B. MRID and Cited Literature Bibliography	16

A.  Studies Submitted to Support the Typhula phacorrhiza Strain 94671
Pesticide Products Registration	16

B.  Environmental Protection Agency Risk Assessment
Memoranda………………………………………………………
………………...……….17

X.  GLOSSARY OF ACRONYMS AND
ABBREVIATIONS………………...…………….17

BIOPESTICIDES REGISTRATION ACTION DOCUMENT TEAM

Office of Chemical Safety and Pollution Prevention

Biopesticides and Pollution Prevention Division

Microbial Pesticides Branch (MPB)

Science Reviews

		John L. Kough, Ph.D., Senior Scientist	Product Characterization and
Human

Stuart Schüssel				Health Assessment

Shannon Borges M.S. 			Environmental Effects Assessment

Zigfridas Vaituzis, Ph.D., Senior Scientist

   Regulations

Denise Greenway		           Regulatory Action Leader

Sheryl K. Reilly, Ph.D.	           Chief, Microbial Pesticides Branch

I.	BACKGROUND

Typhula phacorrhiza is a fungus widely reported from northern temperate
zones, thriving in cold temperatures and living on dead organic matter.
While it is related to other Typhula species that are known plant
pathogens, it has been shown to be a distinct species.  Typhula
phacorrhiza is often found in corn (Zea mays L.) residues and other
organic debris following at least 80 days of snow cover, but has also
been collected from dead leaves of other plants.  Typhula phacorrhiza
strain 94671 was originally isolated from overwintered corn husks and
stubble in a field near Acton, Ontario (Canada).  Cold weather and
abundant moisture create optimum conditions for growth and reproduction,
and Typhula phacorrhiza strain 94671 grows optimally at 4ºC.  The
Typhula phacorrhiza strain 94671 end-use product is for non-food use.
As a pesticide active ingredient, it is a competitor intended to prevent
development of grey and pink snow molds of golf course turf grasses
caused by Typhula incarnata or Typhula ishikariensis, and Microdochium
(Fusarium) nivale, respectively.  The product is to be applied to golf
course turf in the fall, before snowfall, in regions where continuous
snow cover persists for 90 days or more.  Typhula phacorrhiza requires
the same environmental cues of high moisture and near-freezing
temperatures as do the plant pathogenic Typhula incarnate and Typhula
ishikariensis, but is a superior competitor for resources and tolerates
a wider range of conditions. Microdochium nivale frequently occurs with
plant pathogenic Typhula species and while it doesn’t require snow
cover and has a higher optimum growth temperature, under the application
conditions for the microbial pest control agent, Typhula phacorrhiza
would be expected to out-compete it, as well.

On October 1, 2009, the Environmental Protection Agency (EPA or the
Agency) announced a new policy to provide a more meaningful opportunity
for the public to participate in major registration decisions before
they occur. According to this new policy, the Agency intends to provide
a public comment period prior to making a registration decision for, at
minimum, the following types of applications: new active ingredients;
first food uses; first outdoor uses; first residential uses; and any
registration decisions for which the Agency believes there may be
substantial public interest.

Consistent with the new policy of making registration actions more
transparent, Typhula phacorrhiza strain 94671 is subject to a 30-day
comment period as a “new active ingredient” whose registration would
result in a “first outdoor use.” While a final decision on
registration is contingent upon review and consideration of public
comments, the Agency presently believes that, based upon the preliminary
risk assessment and information submitted in support of registration of
Typhula phacorrhiza strain 94671, it is in the best interest of the
public and the environment to issue the registration for Typhula
phacorrhiza strain 94671. The basis for this preliminary decision can be
found in the risk assessment for Typhula phacorrhiza strain 94671, which
is characterized throughout this Biopesticides Registration Action
Document (BRAD) and the associated reference documents written by Agency
scientists.

II.		ACTIVE INGREDIENT OVERVIEW

Biological Name: 		Typhula phacorrhiza strain 94671

Culture Deposit:	University of Alberta Microfungus Collection and
Herbarium

	(Accession Number UAMH 10959)

Trade & Other Names: 	Nivalis Technical

OPP Chemical Code: 	036604

Type of Pesticide: 		Microbial Pesticide/Biofungicide

III.		REGULATORY BACKGROUND

A. Applications for Pesticide Registration

On March 10, 2010, EPA published a Notice of Receipt in the Federal
Register (  HYPERLINK
"http://edocket.access.gpo.gov/2008/pdf/E8-25515.pdf"  75 FR  11175),
announcing that Technology Sciences Group Incorporated, 712 Fifth
Street, Suite A, Davis, CA 95616 (on behalf of the applicant, Agrium
Advanced Technologies RP Incorporated) submitted applications to
register two pesticide products (a technical product and one end-use
product) containing a new active ingredient not included in any
currently registered pesticide products.  No comments were received
following this publication.

B. North American Free Trade Agreement Joint Review

Typhula phacorrhiza strain 94671 was the subject of a North American
Free Trade Agreement joint registration review conducted by the
Environmental Protection Agency Office of Pesticide Programs and the
Health Canada Pest Management Regulatory Agency (PMRA).  The PMRA
“Proposed Registration Decision,” a consultation document
recommending full registration of Typhula phacorrhiza strain 94671, is
the current subject of a 45-day public comment period.  See   HYPERLINK
"http://www.hc-sc.gc.ca/cps-spc/pest/part/consultations/index-eng.php"
http://www.hc-sc.gc.ca/cps-spc/pest/part/consultations/index-eng.php .

C.	Food Clearances/Tolerances

No tolerance or exemption from the requirement of a tolerance is
associated with or required for this regulatory action as only non-food
uses are currently proposed for Typhula phacorrhiza strain 94671.
Accordingly, this action is outside the scope of the Food Quality
Protection Act (FQPA). There are no CODEX maximum residue levels
established for Typhula phacorrhiza strain 94671.

IV.			RISK ASSESSMENT

On October 26, 2007, the Agency issued a Final Rule in the Federal
Register on the data requirements to support registration of microbial
pesticides and updated the definition for microbial pesticides (
HYPERLINK
"http://www.epa.gov/fedrgstr/EPA-TOX/2007/October/Day-26/t20828.htm"  72
FR 61002 ). The rule became effective on December 26, 2007. The data and
information evaluated for this BRAD were considered in light of these
requirements.

The classifications that are found for each data submission are assigned
by Agency science reviewers and are an indication of the usefulness of
the information contained in the documents for risk assessment. A rating
of “ACCEPTABLE” indicates the study is scientifically sound and is
useful for risk assessment. A “SUPPLEMENTAL” rating indicates the
data provide some information that can be useful for risk assessment.
The studies may have certain aspects determined not to be scientifically
acceptable (“SUPPLEMENTAL: UPGRADABLE”). If a study is rated as
“SUPPLEMENTAL: UPGRADABLE,” the Agency always provides an indication
of what is lacking or what can be provided to change the rating to
“ACCEPTABLE.” If there is simply a “SUPPLEMENTAL” rating, the
reviewer will often state that the study is not required by the current
40 Code of Federal Regulations (CFR) part 158. Both “ACCEPTABLE” and
“SUPPLEMENTAL” studies may be used in the risk assessment process,
as appropriate. An “UNACCEPTABLE” rating indicates that new data
need to be submitted.

For the acute toxicity data requirements, toxicity categories are
assigned based on the

hazard(s) identified from studies and/or other information submitted to
the Agency in support of a pesticide registration. The active ingredient
or particular product is classified into Toxicity Category I, II, III,
or IV, where Toxicity Category I indicates the highest toxicity and
Toxicity Category IV indicates the lowest toxicity.

A.	Active Ingredient Characterization

Nivalis Technical is a manufacturing-use product to be incorporated into
an end-use product. The active ingredient is 4.00% weight/weight Typhula
phacorrhiza strain 94671 (minimum of 181,600 cfu/lb).

All product analysis data requirements for registration of Typhula
phacorrhiza strain 94671 have been satisfied.

Refer to Table 1 in Appendix A for a brief summary of these data
requirements.

Additionally, the comprehensive Agency risk assessments that evaluate
these data are available as “Supporting & Related Materials” within
Docket Number EPA-HQ-OPP-2010-0090 at   HYPERLINK
"http://www.regulations.gov"  http://www.regulations.gov  (U.S. EPA
2010a and U.S. EPA 2010c).

B.	Human Health Assessment

	1.	Toxicity

All toxicology data requirements for Typhula phacorrhiza strain 94671
have been satisfied.

Acceptable Tier I mammalian toxicology data/information support the
registration of Typhula phacorrhiza strain 94671. The
infectivity/pathogenicity endpoint was not addressed by a study
following the suggested guidelines, but rather with a pilot study and
data indicating the inability of the fungal active ingredient to grow at
mammalian body temperatures. Furthermore, Tier II and Tier III studies
were not required for Typhula phacorrhiza strain 94671 based on the lack
of acute toxicity/pathogenicity in the Tier I studies.

Refer to Table 2 in Appendix A for a brief summary of these data
requirements.

Additionally, the comprehensive Agency risk assessments that evaluate
these data are available as “Supporting & Related Materials” within
Docket Number EPA-HQ-OPP-2010-0090 at   HYPERLINK
"http://www.regulations.gov"  http://www.regulations.gov  (U.S. EPA
2010a.).

2.  Effects on the Endocrine System

As required under FFDCA section 408(p), EPA has developed the Endocrine
Disruptor Screening Program (EDSP) to determine whether certain
substances (including pesticide active and other ingredients) may have
an effect in humans or wildlife similar to an effect produced by a
“naturally occurring estrogen, or other such endocrine effects as the
Administrator may designate.”  The EDSP employs a two-tiered approach
to making the statutorily required determinations. Tier 1 consists of a
battery of 11 screening assays to identify the potential of a chemical
substance to interact with the estrogen, androgen, or thyroid (E, A, or
T) hormonal systems.  Chemicals that go through Tier 1 screening and are
found to have the potential to interact with E, A, or T hormonal systems
will proceed to the next stage of the EDSP where EPA will determine
which, if any, of the Tier 2 tests are necessary based on the available
data. Tier 2 testing is designed to identify any adverse endocrine
related effects caused by the substance, and establish a dose-response
relationship between the dose and the E, A, or T effect.

Between October 2009 and February 2010, EPA issued test orders/data
call-ins for the first group of 67 chemicals, which contains 58
pesticide active ingredients and nine inert ingredients.  This list of
chemicals was selected based on the potential for human exposure through
pathways such as food and water, residential activity, and certain
post-application agricultural scenarios.  This list should not be
construed as a list of known or likely endocrine disruptors.

Typhula phacorrhiza strain 94671 is not among the group of 58 pesticide
active ingredients on the initial list to be screened under the EDSP.
Under FFDCA sec. 408(p) the Agency must screen all pesticide chemicals.
Accordingly, EPA anticipates issuing future EDSP test orders/data
call-ins for all pesticide active ingredients.

For further information on the status of the EDSP, the policies and
procedures, the list of 67 chemicals, the test guidelines and the Tier 1
screening battery, please visit our website:  http://www.epa.gov/endo/.

3.  Risk Characterization

The Agency considered human exposure to Typhula phacorrhiza strain 94671
in light of the relevant safety factors in the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA).  A determination has been made
that no unreasonable adverse effects to the U.S. population in general,
and to infants and children in particular, will result from the use of
Typhula phacorrhiza strain 94671 when label instructions are followed.

C.	ENVIRONMENTAL ASSESSMENT

1.	Nontarget Organism Toxicology

All nontarget toxicology data requirements for Typhula phacorrhiza
strain 94671 have been satisfied.

Adequate Tier I nontarget organism data/information are available to
support registration of Typhula phacorrhiza strain 94671.

Refer to Table 3 in Appendix A for a brief summary of these data
requirements.

Additionally, the comprehensive Agency risk assessments that evaluate
these data are available as “Supporting & Related Materials” within
Docket Number EPA-HQ-OPP-2010-0090 at   HYPERLINK
"http://www.regulations.gov"  http://www.regulations.gov  (U.S. EPA
2010b).

2.	Environmental Fate and Ground Water Data

As the information provided is sufficient to both satisfy the Tier I
nontarget organism data requirements and for nontarget organism risk
assessment for Typhula phacorrhiza strain 94671, further testing at
higher tier levels (i.e., Tiers II, III, and IV) is not required.

3.	Ecological Exposure and Risk Characterization

The Agency has performed an environmental risk assessment based on the
data, literature citations, and data waiver rationale provided by the
registrant, and has determined that the proposed use of Typhula
phacorrhiza strain 94671 does not pose risk to nontarget organisms.
Typhula phacorrhiza is a saprotrophic snow mold that is an obligate
psychrophile (i.e., it requires low temperatures for growth and
reproduction and lives on dead organic matter).  It is abundant within
its range and is widely distributed in areas with persistent snow cover.
 Typhula phacorrhiza is recognized as a species distinct from the target
Typhula species that are recognized plant pathogens.  It is not known to
produce toxins or other chemicals as a means of competing with other
fungi.  Exposure of nontarget organisms to actively growing Typhula
phacorrhiza strain 94671 is also expected to be limited due to the
conditions it requires for growth.

The registrant has submitted data waiver rationale to satisfy data
requirements for nontarget organism risk assessment with the active
ingredient (TGAI).  Review of the rationale and data submitted to
support the registration of Typhula phacorrhiza strain 94671 was
completed jointly with Health Canada’s PMRA.  Submitted data, data
waiver rationale, and a search by EPA of several literature databases
provides sufficient information to determine that toxicity/pathogenicity
to wild mammals, avian wildlife, freshwater and marine/estuarine
vertebrates and invertebrates, honey bees, nontarget insects, and
terrestrial and aquatic plants is not expected from the proposed label
uses. As a result, a “No Effect” determination is also made for
direct and indirect effects to listed species and their designated
critical habitats resulting from the proposed use of Typhula phacorrhiza
strain 94671, as labeled.

The information provided is sufficient to both satisfy the Tier I
nontarget organism data requirements and for nontarget organism risk
assessment for the active ingredient.  Further testing at higher tier
levels is not required.

4.  Threatened and Endangered Species Assessment

EPA has determined that adverse effects will not occur to nontarget
organisms as a result of the proposed labeled applications of Typhula
phacorrhiza strain 94671.  Additionally, Typhula phacorrhiza is a
saprotrophic fungus that competes specifically with other snow mold
fungi, and reduction or loss of these fungi will not affect habitat or
other resources required by threatened and endangered species.

Since the Agency has determined that no effects are anticipated for any
nontarget species exposed to Typhula phacorrhiza strain 94671 as a
result of the proposed labeled applications, effects to federally-listed
threatened and endangered species and their designated critical habitats
are also not expected. Therefore, a “No Effect” determination is
made for direct and indirect effects to listed species and their
designated critical habitats resulting from the registered uses of
Typhula phacorrhiza strain 94671, as labeled.

D.	PRODUCT PERFORMANCE DATA (EFFICACY)

Submission of product performance data (OPPTS 810.3000) is listed as a
requirement for all pesticide products. Customarily, the Agency requires
efficacy data to be submitted for review only in connection with the
registration of products directly pertaining to the mitigation of
disease bearing human health organisms and certain designated quarantine
pests, i.e., ticks, mosquitoes, fleas, Mediterranean fruit flies, gypsy
moths, Japanese beetles, etc.  For a list of organisms considered by the
Agency as “public health pests,” please refer to Pesticide
Registration Notice 2002-1 (  HYPERLINK
"http://www.epa.gov/PR_Notices/pr2002-1.pdf"
http://www.epa.gov/PR_Notices/pr2002-1.pdf ).

Efficacy data were neither required nor reviewed by EPA in association
with the U.S. pesticide registration applications for Typhula
phacorrhiza strain 94671.

V.	RISK MANAGEMENT DECISION

Section 3(c)(5) of FIFRA provides for the registration of new active
ingredients if it is determined that (A) its composition is such as to
warrant the proposed claims for it; (B) its labeling and other materials
required to be submitted comply with the requirements of FIFRA; (C) it
will perform its intended function without unreasonable adverse effects
on the environment; and (D) when used in accordance with widespread and
commonly recognized practice it will not generally cause unreasonable
adverse effects on the environment.

The four criteria of the eligibility determination for pesticidal active
ingredients are satisfied by the science assessments supporting products
containing Typhula phacorrhiza strain 94671.  Such products are not
expected to cause unreasonable adverse effects, and are likely to
provide protection as claimed when used according to label instructions.
Therefore, Typhula phacorrhiza strain 94671 is eligible for registration
for the labeled uses.

VI.  ENVIRONMENTAL JUSTICE

EPA seeks to achieve environmental justice - the fair treatment and
meaningful involvement of all people, regardless of race, color,
national origin, or income - in the development, implementation, and
enforcement of environmental laws, regulations, and policies.  At this
time EPA does not believe that use of pesticide products containing
Typhula phacorrhiza strain 94671 will cause harm or a disproportionate
impact on at-risk communities.

For additional information regarding environmental justice issues,
please visit EPA’s website at:   HYPERLINK
"http://www.epa.gov/compliance/environmentaljustice/index.html"
http://www.epa.gov/compliance/environmentaljustice/index.html .

VII.	TERMS OF THE REGISTRATION(S)

Storage stability and corrosion characteristics (OCSPP Guideline numbers
830.6317 and 830.6320, respectively) testing is currently underway and
the study results are required to be submitted for EPA review upon
completion. VIII.	 APPENDIX A. Data Requirements (40 CFR Part
158-Subpart V)

*NOTE:  MRID numbers listed in the following tables are representative
of supporting data for the original registration of the product
containing this active ingredient.  Subsequent to this registration,
there may be additional MRIDs that support registration of other
products containing this active ingredient.

TABLE 1.  Physical and Chemical Properties for the Technical Grade of
the Active Ingredient (TGAI), Typhula phacorrhiza strain 94671 (40 CFR
§ 158.2120)a

OCSPP Guideline Number 	Property

Description of Result

Methods

830.6302	Color	Beige.	Visual observation

830.6303	Physical State	Solid granule.	Visual observation

830.6304	Odor	Odorless to faintly anise-like.	Olfactory inspection

830.6313	Stability	Expected to be stable at normal temperatures and when
exposed to metals and metal ions. Not stable at temperatures >30°C.
Growth temperature analysis

830.6314

	Oxidation/Reduction:

Chemical Incompatibility	Not applicable, the product does not contain
oxidizing or reducing agents.

830.6315	Flammability	Not applicable, the product is a solid.

830.6316	Explodability	Not applicable, the product does not contain
explosive ingredients.

830.6317	Storage Stability	One-year study is ongoing.

830.6319	Miscibility	Not applicable, the product is not an emulsifiable
liquid to be mixed with petroleum solvents.

830.6320	Corrosion Characteristics	One-year study is ongoing.

830.6321	Dielectric Breakdown Voltage	Not required for MP.

830.7000	pH	6.8 (aqueous solution).	pH meter

830.7100	Viscosity	Not applicable, the product is a solid.

830.7200	Melting Range	Not applicable, the product is not pure active
ingredient.

830.7220	Boiling Range	Not applicable, the product is a solid.

830.7300

	Density/Relative Density/Bulk

Density	0.475 g/cm3	CIPAC MT-33

830.7370	Dissociation Constant in Water	Not applicable, the product is
not pure active ingredient.

830.7550	Partition Coefficient	Not applicable, the product is not pure
active ingredient.

830.7840	Water Solubility	Not applicable, the product is not pure active
ingredient.

830.7950	Vapor Pressure	Not applicable, the product is not pure active
ingredient.

	aData from MRID 478021-01

TABLE 2. Toxicology Data Requirements for the Technical Grade of the
Active Ingredient (TGAI), Typhula phacorrhiza strain 94671 (40 CFR §
158.2140)

OCSPP Guideline Number	Data Requirement	Results	MRID Number

Tier I

870.1100

Acute Oral Toxicity

Oral LD50>5000 mg/kg bw

(low acute oral toxicity)

Pathogenicty and infectivity testing waived based on results from
47802106

Toxicity Category IV

478021-02

870.1200

Acute Dermal Toxicity

Dermal LD50>5050 mg/kg bw

(low acute dermal toxicity)

Toxicity Category IV	478021-03

870.1300

Acute Inhalation Toxicity	Waived based on results from 47802106

870.2400

Acute Eye Irritation

Typhula phacorrhiza strain 94671was minimally irritating to the eye
based on the maximum mean irritation score of 8, recorded one hour after
test material instillation.

Toxicity Category III

478021-04

870.2500

Primary Dermal Irritation

Typhula phacorrhiza strain 94671 was non- to slightly- irritating to the
skin, based on the maximum individual irritation and maximum irritation
scores of 1 and 0.67, respectively at the one hour observation point;
and the maximum average score of  zero over the 24, 48 and 72 hour
observation points.

Toxicity Category IV

478021-05

Tiers II and III

Not required for Typhula phacorrhiza strain 94671 based on the lack of
acute toxicity/pathogenicity in the Tier I studies.

Additional Studies

885.3200

Pilot Study in Preparation for Intraperitoneal Toxicity Study	This
fungus could not be recovered after dose administration and has been
shown to be unable to grow at mammalian body temperatures.

Typhula phacorrhiza was not toxic or pathogenic as tested in this pilot
study.

478021-06

TABLE 3.  Nontarget Organism Data Requirements for the Technical Grade
of the Active Ingredient (TGAI), Typhula phacorrhiza strain 94671 (40
CFR § 158.2150)

OCSPP Guideline Number	Data Requirement	Results	MRID1 Number

885.4050	Avian Oral Toxicity	Data waiver rationale is sufficient to
determine that toxicity/pathogenicity to birds is not expected.

Classification:  Acceptable	478021-07

478021-08

885.4100	Avian Inhalation Toxicity/Pathogenicity	Data waiver rationale
is sufficient to determine that toxicity/pathogenicity to birds is not
expected.

Classification:  Acceptable	478021-07

478021-08

885.4150	Wild Mammal Toxicity/Pathogenicity	An acute oral toxicity test
with albino rats indicates no adverse effects at 5000 mg/kg-bw.  Data
waiver rationale also support the conclusion that adverse effects to
wild mammals are not expected.

Classification:  Acceptable	478021-07

478021-08

885.4200	Freshwater Fish Toxicity/Pathogenicity	Data waiver rationale is
sufficient to determine that toxicity/pathogenicity to freshwater fish
is not expected.

Classification:  Acceptable	478021-07

478021-08

885.4240	Freshwater Invertebrate Toxicity/Pathogenicity	Data waiver
rationale is sufficient to determine that toxicity/pathogenicity to
freshwater invertebrates is not expected.

Classification:  Acceptable	478021-07

478021-08

885.4280	Estuarine/Marine Fish Testing

Estuarine/Marine Invertebrate Testing	Data waiver rationale is
sufficient to determine that toxicity/pathogenicity to marine/estuarine
fish and invertebrates is not expected.

Classification:  Acceptable	478021-07

478021-08

885.4300	Nontarget Plant Testing	Plant pathogenicity data show no
evidence of adverse effects on two monocotyledonous plant species and
three dicotyledonous plant species.  Classification: Supplemental;
Additional data waiver rationale supports the conclusion that adverse
effects to nontarget plants are not expected.

Classification:  Acceptable data waiver rationale	478021-07

478021-08

885.4340	Nontarget Insect Testing	Data waiver rationale is sufficient to
determine that toxicity/pathogenicity to nontarget insects is not
expected.

Classification: Acceptable	478021-07

478021-08

885.4380	Honey Bee Testing	Data waiver rationale is sufficient to
determine that toxicity/pathogenicity to honey bees is not expected.

Classification: Acceptable	478021-07

478021-08

1Publications referenced in the data waiver rationale were contained in
MRID 478021-09.

IX.  APPENDIX B. MRID and Cited Literature Bibliography

   A.   Studies Submitted to Support the Typhula phacorrhiza strain
94671 Pesticide

	   Products Registration

478021-00	Agrium Advanced Technologies RP, Inc. (2009) Submission of
Product Chemistry and Toxicity Data in Support of the Application for
Registration of Nivalis Technical. Transmittal of 9 Studies.
13-Jul-2009

478021-01	Cascino, J. (2009) Product Chemistry for Nivalis Technical.
Project Number: 7277, 3504, SOP/TP/101. Unpublished study prepared by
Sylvan Inc. and Microbac Laboratories, Inc. 121 p.	13-Jul-2009

478021-02	Kuhn, J. (2009) Acute Oral Toxicity Study (UDP) in Rats
(Nivalis): Final Report. Project Number: 12372/08. Unpublished study
prepared by Stillmeadow, Inc. 11 p.	13-Jul-2009

478021-03	Kuhn, J. (2009) Acute Dermal Toxicity Study in Rats (Nivalis):
Final Report. Project Number: 12373/08. Unpublished study prepared by
Stillmeadow, Inc. 13 p.	13-Jul-2009

478021-04	Kuhn, J. (2009) Acute Eye Irritation Study in Rabbits
(Nivalis): Final Report. Project Number: 12374/08. Unpublished study
prepared by Stillmeadow, Inc. 18 p.	13-Jul-2009

478021-05	Kuhn, J. (2009) Acute Dermal Irritation Study in Rabbits
(Nivalis): Final Report. Project Number: 12375/08. Unpublished study
prepared by Stillmeadow, Inc. 13 p.	13-Jul-2009

478021-06	Monds, K. (2009) Typhula phacorrhiza: Pilot Study in
Preparation for IP Toxicity Study (Rat): Final Report. Project Number:
12378/08. Unpublished study prepared by Stillmeadow, Inc. 18 p.
13-Jul-2009

478021-07	Bjornson, H. (2009) Tier II Data Summaries for Nivalis
Technical. Unpublished study prepared by Agrum Advanced Technologies RP
Inc. 96 p.	13-Jul-2009

478021-08	Bjornson, H. (2009) Tier III Data Summaries for Nivalis
Technical. Unpublished study. 54 p.	13-Jul-2009

478021-09	Roberts, A. (2009) Reference Data Volume for Tier II & III
Data Summaries for Nivalis Technical. Unpublished study prepared by
Agrium Advanced Technologies RP Inc. 199 p.	13-Jul-2009

479221-00	Agrium Advanced Technologies RP, Inc. (2009) Submission of
Product Chemistry Data in Support of the Application for Registration of
Nivalis Technical. Transmittal of 1 Study.	19-Nov-2009

479221-01	Cascino, J. (2009) Supplemental Product Chemistry for Nivalis
Technical. Unpublished study prepared by Sylvan, Inc. 6 p.	19-Nov-2009

481369-00	Agrium Advanced Technologies RP, Inc. (2010) Submission of
Product Chemistry Data in Support of the Applications for Registration
of Nivalis Technical and Nivalis. Transmittal of 1 Study.	30-Jun-2010

481369-01	Cascino, J. (2010) Supplemental Product Chemistry for Nivalis
Technical. Unpublished study prepared by Agrium Advanced Technologies
RP, Inc. 16 p.	30-Jun-2010

B.  Environmental Protection Agency Risk Assessment Memoranda

U.S. EPA. 2010a.  Review of Typhula phacorrhiza the active ingredient in
the end-product Nivalis for control of snow mold in turfgrass from
Agrium Advanced Technologies.  Memorandum from J. L. Kough to D.
Greenway dated May 18, 2010.

U.S. EPA. 2010b. Environmental Risk Assessment for the of FIFRA Section
3 registration of Typhula phacorrhiza strain 94671 (EPA File Symbol.
Nos. 84888-R and 84888-E) for control of snow mold disease in turf;
MRIDs 478021-07, 478021-08 and 478021-09. Memorandum from S. Borges and
Z. Vaituzis to D. Greenway dated June 2, 2010.

U.S. EPA. 2010c. Review of Supplemental Information Provided by Agrium
Advanced Technologies RP, Inc. and Sylvan, Inc. on the Nivalis Product
Based on Typhula phacorrhiza isolate 94671.  Memorandum from J. L. Kough
to D. Greenway dated July 23, 2010.

X.  GLOSSARY OF ACRONYMS AND ABBREVIATIONS

BPPD	Biopesticides and Pollution Prevention Division

BRAD	Biopesticides Registration Action Document

CFR	Code of Federal Regulations

cfu	colony-forming units

cfu/lb	colony-forming units per pound

°C 	degrees Celsius

EDSP	Endocrine Disruptor Screening Program

EP	end-use product

EPA	Environmental Protection Agency (the “Agency”)

FFDCA	Federal Food, Drug, and Cosmetic Act

FIFRA	Federal Insecticide, Fungicide, and Rodenticide Act

FQPA 	Food Quality Protection Act

FR	Federal Register

mg/kg bw	milligram per kilogram of body weight

MRID No.	Master Record Identification Number

OCSPP	Office of Chemical Safety and Pollution Prevention; formerly,
Office of Pesticides                            and Toxic Substances
(OPPTS)

OPP	Office of Pesticide Programs

PMRA	Pest Management Regulatory Agency (of Health Canada)

TGAI 	technical grade of the active ingredient

Typhula phacorrhiza Strain 94671	Page   PAGE  3  of   NUMPAGES  17

Biopesticides Registration Action Document

 PAGE


[Federal Register Volume 76, Number 86 (Wednesday, May 4, 2011)]
[Notices]
[Pages 25388-25389]
[FR Doc No: 2011-10807]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64361; File No. SR-EDGX-2011-12]

Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Extend
the Pilot Period of the Inbound Router, as Described in EDGX Rule
2.12(b)

April 28, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 20, 2011, EDGX Exchange, Inc. (the ``Exchange'' or ``EDGX'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to extend the pilot period of the Exchange's
inbound router, as described in Rule 2.12(b), so that the Exchange can
receive inbound routes of equities orders through DE Route, the
Exchange's routing broker dealer, from EDGA Exchange, Inc. (``EDGA'').
The text of the proposed rule change is attached as Exhibit 5 and is
available on the Exchange's Web site at http://www.directedge.com, at
the Exchange's principal office, and at the Public Reference Room of
the Commission.

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

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

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

1. Purpose
    Currently, Direct Edge ECN, LLC d/b/a DE Route (``DE Route'') is
the approved outbound order routing facility of EDGA.\3\ The Exchange,
through DE Route, has also been approved to receive inbound routes of
equities orders by DE Route from EDGA. The Exchange's authority to
receive inbound routes of equities orders by DE Route from EDGA is
subject to a pilot period of twelve months, ending July 1, 2011. The
Exchange hereby seeks to extend the previously approved pilot period
(with the attendant obligations and conditions outlined in the
Commission's Approval Order) for an additional twelve months, through
June 30, 2012. This is reflected in the proposed amendment to EDGX Rule
2.12(b).
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 61698 (March 12,
2010), 75 FR 13151 (March 18, 2010) (hereinafter referred to as the
``Commission's Approval Order'').
---------------------------------------------------------------------------

2. Statutory Basis
    The statutory basis for the proposed rule change is Section 6(b)(5)
of the Act,\4\ which requires the rules of an exchange to promote just
and equitable principles of trade, to remove impediments to and perfect
the mechanism of a free and open market and a national market system,
to foster cooperation and coordination with persons engaged in
facilitating transactions in securities, and, in general, to protect
investors and the public interest. Specifically, the proposed rule
change will allow the Exchange to continue receiving inbound routes of
equities orders from DE Route acting in its capacity as a facility of
EDGA, in a manner consistent with prior approvals and established
protections. The Exchange believes that extending the previously
approved pilot period for twelve months will permit both the Exchange
and the Commission to further assess the impact of the Exchange's
authority to receive direct inbound routes of equities orders via DE
Route, including the attendant obligations and conditions.
---------------------------------------------------------------------------

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

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

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

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \5\ and Rule 19b-
4(f)(6)(iii) thereunder.\6\
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \7\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\8\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest.
---------------------------------------------------------------------------

    \7\ 17 CFR 240.19b-4(f)(6).
    \8\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-EDGX-2011-12 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-EDGX-2011-12. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m.\9\ Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-EDGX-2011-12 and should be
submitted on or before May 25, 2011.
---------------------------------------------------------------------------

    \9\ The text of the proposed rule change is available on the
Commission's Web site at  http://www.sec.gov.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-10807 Filed 5-3-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: April 13, 2006 (Volume 71, Number 71)]
[Proposed Rules]
[Page 19155-19156]
[DOCID:fr13ap06-34]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2004-0022; FRL-8158-2]
RIN 2050-AG29

NESHAP: National Emission Standards for Hazardous Air Pollutants:
Standards for Hazardous Air Pollutants for Hazardous Waste Combustors;
Extension of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; extension of comment period.

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

SUMMARY: EPA is announcing that the comment period to the proposed rule
entitled National Emission Standards for Hazardous Air Pollutants:
Standards for Hazardous Air Pollutants for Hazardous Waste Combustors,
published on March 23, 2006, is being extended until May 8, 2006. In
the proposed rule, EPA is requesting comment on a revised new source
particulate matter standard for cement kilns that burn hazardous waste.
We are also requesting comment on corresponding changes to the new
source particulate matter standards for incinerators and liquid fuel
boilers that burn hazardous waste.

DATES: The comment period for this proposed rule is extended from the
original closing date of April 24, 2006 to May 8, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2004-0022, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: U.S. Postal Service, send comments to: HQ EPA Docket
Center (6102T), Attention Docket ID No. EPA-HQ-OAR-2004-0022, 1200
Pennsylvania Avenue, NW., Washington, DC 20460. Please include a total
of two copies. We request that you also send a separate copy of each
comment to the contact person listed below (see FOR FURTHER INFORMATION
CONTACT).
     Hand Delivery: In person or by courier, deliver comments
to: HQ EPA Docket Center (6102T), Attention Docket ID No. EPA-HQ-OAR-
2004-0022, 1301 Constitution Avenue, NW., Room B-108, Washington, DC
20004. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information. Please include a total of two copies.
We request that you also send a separate copy of each comment to the
contact person listed below (see FOR FURTHER INFORMATION CONTACT).
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2004-0022. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal

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

as CBI to only the following address: Ms. LaShan Haynes, RCRA Document
Control Officer, EPA (Mail Code 5305W), Attention Docket ID No. EPA-HQ-
OAR-2004-0022, 1200 Pennsylvania Avenue, Washington, DC 20460. Clearly
mark the part or all of the information that you claim to be CBI. The
http://www.regulations.gov Web site is an ``anonymous access'' system,

which

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

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

that interested parties who would like information they previously
submitted to EPA to be considered as part of this reconsideration
action identify the relevant information by docket entry numbers and
page numbers.
    Docket: All documents in the docket are listed in the http://www.regulations.gov
 index. Although listed in the index, some

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

EPA Docket Center, Docket ID No. EPA-HQ-OAR-2004-0022, EPA West
Building, Room B-102, 1301 Constitution Ave., NW., Washington, DC
20004. This Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The HQ EPA Docket Center
telephone number is<PHONE_NUMBER>. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744. A reasonable fee may be charged for copying docket materials.

FOR FURTHER INFORMATION CONTACT: For more information on this
rulemaking, contact Frank Behan at<PHONE_NUMBER>, or
<EMAIL_ADDRESS>Office of Solid Waste (MC: 5302W), U.S.

Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460.

SUPPLEMENTARY INFORMATION: Comment Period. We are extending the comment
period by two weeks in response to a commenter's request for more time
to respond to issues in the proposed rule published on March 23, 2006
(71 FR at 14665). Therefore, the public comment period will now end on
May 8, 2006.
    Regulated Entities. Categories and entities potentially affected by
this action include:

----------------------------------------------------------------------------------------------------------------
                                                                                Examples of
              Category                              NAICS code                  SIC code   potentially regulated
                                                                                entities
----------------------------------------------------------------------------------------------------------------
Any industry that combusts           562211..................................        4953  Incinerator,
 hazardous waste as defined in the   327310..................................        3241   hazardous waste.
 final rule.                         327992..................................        3295  Cement manufacturing,
                                                                                clinker production.
                                                                                Ground or treated
                                                                                mineral and earth
                                                                                manufacturing.
                                     325.....................................          28  Chemical
                                                                                Manufacturers.
                                     324.....................................          29  Petroleum Refiners.
                                     331.....................................          33  Primary Aluminum.
                                     333.....................................          38  Photographic
                                                                                equipment and
                                                                                supplies.
                                     488, 561, 562...........................          49  Sanitary Services,
                                                                                N.E.C.
                                     421.....................................          50  Scrap and waste
                                                                                materials.
                                     422.....................................          51  Chemical and Allied
                                                                                Products, N.E.C.
                                     512, 541, 561, 812......................          73  Business Services,
                                                                                N.E.C.
                                     512, 514, 541, 711......................          89  Services, N.E.C.
                                     924.....................................          95  Air, Water and Solid
                                                                                Waste Management.
----------------------------------------------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be impacted by this
action. This table lists examples of the types of entities EPA is now
aware could potentially be regulated by this action. Other types of
entities not listed could also be affected. To determine whether your
facility, company, business, organization, etc., is affected by this
action, you should examine the applicability criteria in 40 CFR
63.1200. If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.
    World Wide Web (WWW). In addition to being available in the docket,
an electronic copy of the proposed rule is available at http://www.epa.gov/hwcmact.
 This website also provides other information

related to the NESHAP for hazardous waste combustors.
    Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Send or deliver information

identified as CBI only to the address listed in the ADDRESSES section
of this document. Clearly mark the part or all of the information that
you claim to be CBI. For CBI information in a disk or CD ROM that you
mail to EPA, mark the outside of the disk or CD ROM as CBI and then
identify electronically within the disk or CD ROM the specific
information that is claimed as CBI. In addition to one complete version
of the comment that includes information claimed as CBI, a copy of the
comment that does not contain the information claimed as CBI must be
submitted for inclusion in the public docket. Information so marked
will not be disclosed except in accordance with procedures set forth in
40 CFR part 2.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.

    Dated: April 5, 2006.
Matthew Hale,
Director, Office of Solid Waste.
 [FR Doc. E6-5493 Filed 4-12-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: September 29, 2010 (Volume 75, Number 188)]
[Notices]
[Page 60153-60155]
[DOCID:fr29se10-113]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62989; File No. SR-NYSE-2010-68]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by New York Stock Exchange LLC
Amending NYSE Rule 4560 To Correspond With a Rule Change Filed by the
Financial Industry Regulatory Authority, Inc.

September 24, 2010.
    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 13, 2010, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the 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 amend NYSE Rule 4560 to correspond with a
rule change filed by the Financial Industry Regulatory Authority, Inc.
(``FINRA'') and approved by the Commission.\4\ The text of the proposed
rule change is available at the Exchange, http://www.nyse.com, the
Commission's Public Reference Room, and on the Commission's Web site at
http://www.sec.gov.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 61979 (April 23,
2010), 75 FR 23316 (May 3, 2010) (order approving SR-FINRA-2010-
003).
---------------------------------------------------------------------------

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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the proposed rule change is to amend Rule 4560
(Short-Interest Reporting) to correspond with a rule change filed by
FINRA and approved by the Commission.
Background
    On July 30, 2007, FINRA's predecessor, the National Association of
Securities Dealers, Inc. (``NASD''), and NYSE Regulation, Inc.
(``NYSER'') consolidated their member firm regulation operations into a
combined organization, FINRA. Pursuant to Rule 17d-2 under the Act,
NYSE, NYSER and FINRA entered into an agreement (the ``Agreement'') to
reduce regulatory duplication for their members by allocating to FINRA
certain regulatory responsibilities for certain NYSE rules and rule
interpretations (``FINRA Incorporated NYSE Rules''). NYSE Amex LLC
(``NYSE Amex'') became a party to the Agreement effective December 15,
2008.\5\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release Nos. 56148 (July 26,
2007), 72 FR 42146 (August 1, 2007) (order approving the Agreement);
56147 (July 26, 2007), 72 FR 42166 (August 1, 2007) (SR-NASD-2007-
054) (order approving the incorporation of certain NYSE Rules as
``Common Rules''); and 60409 (July 30, 2009), 74 FR 39353 (August 6,
2009) (order approving the amended and restated Agreement, adding
NYSE Amex LLC as a party). Paragraph 2(b) of the Agreement sets
forth procedures regarding proposed changes by FINRA, NYSE or NYSE
Amex to the substance of any of the Common Rules.
---------------------------------------------------------------------------

    As part of its effort to reduce regulatory duplication and relieve
firms that are members of FINRA, NYSE and NYSE Amex of conflicting or
unnecessary regulatory burdens, FINRA is now engaged in the process of
reviewing and amending the NASD and FINRA Incorporated NYSE Rules in
order to create a consolidated FINRA rulebook.\6\
---------------------------------------------------------------------------

    \6\ FINRA's rulebook currently has three sets of rules: (1) NASD
Rules, (2) FINRA Incorporated NYSE Rules, and (3) consolidated FINRA
Rules. The FINRA Incorporated NYSE Rules apply only to those members
of FINRA that are also members of the NYSE (``Dual Members''), while
the consolidated FINRA Rules apply to all FINRA members. For more
information about the FINRA rulebook consolidation process, see
FINRA Information Notice, March 12, 2008.
---------------------------------------------------------------------------

Current NYSE Rule 4560
    The Exchange adopted NYSE Rule 4560 in May 2009.\7\ Rule 4560
requires each member organization to maintain a record of the total
short positions in its customer and proprietary accounts in securities
listed on a national securities exchange and that such information must
be reported to FINRA. NYSE Rule 4560 is based on, and is substantially
the same as, FINRA Rule 4560 (Short-Interest Reporting). The principal
distinction between the two rules is that, as adopted by the Exchange,
NYSE Rule 4560 does not apply to OTC Equity Securities (as defined in
FINRA Rule 6420) since the Exchange does not trade OTC Equity
Securities.
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 59965 (May 21,
2009), 74 FR 25783 (May 29, 2009) (order approving NYSE 2009-25).
---------------------------------------------------------------------------

Proposed Conforming Amendments to NYSE Rule 4560
    In April 2010, FINRA amended FINRA Rule 4560 to provide, in part,
that it applies to all equity securities (other than Restricted Equity
Securities as defined in FINRA Rule 6420) and not just to OTC Equity
Securities or securities listed on a national securities exchange.\8\
The Exchange proposes to amend NYSE Rule 4560, as applicable, to
conform with FINRA's amendments to FINRA Rule 4560 so that NYSE Rule
4560 applies to all equity securities (other than Restricted Equity
Securities as defined in FINRA Rule 6420).
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 61979 (April 23,
2010), 75 FR 23316 (May 3, 2010).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\9\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\10\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change supports the
objectives of the Act by providing greater harmonization between NYSE
Rules and FINRA Rules (including Common Rules) of similar purpose,
resulting in less burdensome and more efficient regulatory compliance
for Dual Members. To the extent the Exchange has proposed changes that
differ from the FINRA version of the Rule, such changes are technical
in nature and do not change the substance of the proposed NYSE Rule.

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

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

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

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

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

    Because the foregoing proposed rule change does not:
    (i) Significantly affect the protection of investors or the public
interest;
    (ii) Impose any significant burden on competition; and
    (iii) Become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate, if
consistent with the protection of investors and the public interest, it
has become effective pursuant to Section 19(b)(3)(A) of the

Act \11\ and Rule 19b-4(f)(6) thereunder.\12\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the self-regulatory organization to submit to the
Commission written notice of its intent to file the proposed rule
change, along with a brief description and text of the proposed rule
change, at least five business days prior to the date of filing of
the proposed rule change, or such shorter time as designated by the
Commission. The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2010-68 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2010-68. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room on official business
days between the hours of 10 a.m. and 3 p.m. Copies of such filing also
will be available for inspection and copying at the principal office of
the Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSE-2010-68 and should be submitted on or before October 20, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
Florence E. Harmon,
Deputy Secretary.
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

[FR Doc. 2010-24449 Filed 9-28-10; 8:45 am]
BILLING CODE 8010-01-P