[Federal Register: August 15, 2008 (Volume 73, Number 159)]
[Rules and Regulations]
[Page 47841-47847]
[DOCID:fr15au08-11]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2007-1065; FRL-8375-4]

Forchlorfenuron; Permanent and Time-Limited Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes a permanent tolerance for residues
of forchlorfenuron in or on bushberry subgroup 13-07B requested by the
IR-4 Project Headquarters, 500 College Road East, Suite 201 W,
Princeton, NJ 08540. Time-limited tolerances are also being established
under this regulation in support of experimental use permit 71049-EUP-4
for residues of forchlorfenuron in or on almond, cherry, fig, pear,
pistachio, plum/prune requested by KIM-C1, LLC c/o Siemer and
Associates, Inc. 135 W. Shaw, Suite 102, Fresno, CA 93704. The time-
limited tolerances expire on December 31, 2011. IR-4 and KIM-C1, LLC
requested these tolerances under the Federal Food, Drug, and Cosmetic
Act (FFDCA).

DATES: This regulation is effective August 15, 2008. Objections and
requests for hearings must be received on or before October 14, 2008,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established dockets for this action under docket
identification (ID) numbers EPA-HQ-OPP-2007-0627 and EPA-HQ-OPP-2007-
1065. To access the electronic docket, go to http://
www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents. All
documents in the docket are listed in the docket index available in
regulations.gov. Although listed in the index, some information is not
publicly available, e.g., Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Tawanda Maignan, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

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

B. How Can I Access Electronic Copies of this Document?

    In addition to accessing an electronic copy of this Federal
Register document through the electronic docket at http://
www.regulations.gov, you may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr. You may also access a
frequently updated electronic version of EPA's tolerance regulations at
40 CFR part 180 through the Government Printing Office's pilot e-CFR
site at http://www.gpoaccess.gov/ecfr.

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of FFDCA, any person may file an objection to
any aspect of this regulation and may also request a hearing on those
objections. You must file your objection or request a hearing on this
regulation in accordance with the instructions provided in 40 CFR part
178. To ensure proper receipt by EPA, you must identify docket ID
number EPA-HQ-OPP-2007-1065 in the subject line on the first page of
your submission. All requests must be in writing, and must be mailed or
delivered to the Hearing Clerk as required by 40 CFR part 178 on or
before October 14, 2008.
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit this copy, identified by docket ID number
EPA-HQ-OPP-2007-1065, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.

II. Petition for Tolerance

    In the Federal Register of October 24, 2007 (72 FR 205) (FRL-8150-
8) and of February 13, 2008 (73 FR 30) (FRL-8351-5), EPA issued notices
pursuant to section 408(d)(3) of FFDCA, 21 U.S.C. 346a(d)(3),
announcing the filing of a pesticide petition (PP 7E7228) by the IR-4
Project Headquarters, 500 College Road East, Suite 201 W, Princeton, NJ
08540 and pesticide petition (PP 7F7246) by KIM-C1, LLC c/o Siemer and

Associates, Inc. 135 W. Shaw, Suite 102, Fresno, CA 93704,
respectively. The petitions requested that 40 CFR 180.569 be amended by
establishing permanent tolerances and time-limited tolerances for
residues of the plant growth regulator forchlorfenuron, in or on
bushberry subgroup 13B at 0.01 parts per million (ppm) (PP 7E8228) and
almond, cherry, fig, pear, pistachio, plum/prune at 0.01 ppm (PP
7F7246), respectively. Those notices referenced a summary of the
petitions prepared by the registrants, Valent U.S.A. Corporation and
KIM-C1, LLC, respectively which is available to the public in the
docket, http://www.regulations.gov. There were no comments received in
response to the notice of filings.
    Based upon review of the data supporting the petitions, EPA has
revised certain proposed tolerance levels and corrected commodity
definitions as follow:
    The Agency determined that adequate data are available to support
establishing a tolerance for the bushberry subgroup 13-07B. IR-4
petitioned for a tolerance for bushberry subgroup 13B as well as
individual tolerances on aronia berry, buffalo currant, Chilean guava,
European barberry, highbush cranberry, honeysuckle, jostaberry,
juneberry, lingonberry, native currant, salal, and sea buckthorn (PP
7E7228). In the Federal Register of December 7, 2007 (72 FR 69150)
(FRL-8340-6), EPA issued a final rule that revised the crop grouping
regulations. As part of this action, EPA expanded and revised berries
group 13. Changes to crop group 13 (berries) included adding new
commodities, revising existing subgroups and creating new subgroups
(including a bushberry subgroup 13-07B consisting of the commodities
requested in PP 7E7228 and cultivars, varieties, and/or hybrids of
these).
    EPA indicated in the December 7, 2007 final rule as well as the
earlier May 23, 2007 proposed rule (72 FR 28920) (FRL-8126-6) that, for
existing petitions for which a notice of filing had been published, the
Agency would attempt to conform these petitions to the rule. Therefore,
consistent with this rule, EPA is establishing a tolerance for the
bushberry subgroup 13-07B. Bushberry subgroup 13-07B consists of the
berries for which tolerances were requested in PP 7E7228.
    EPA concludes it is reasonable to revise the petitioned-for
tolerances so that they agree with the recent crop grouping revisions
because:
     Although the subgroup includes several new commodities,
these commodities were proposed as individual tolerances and are
closely related minor crops which contribute little to overall dietary
or aggregate exposure and risk.
     Forchlorfenuron exposure from these added commodities was
considered when EPA conducted the dietary and aggregate risk
assessments supporting this action.
     The representative commodities for the revised subgroup
has not changed.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
    Consistent with section 408(b)(2)(D) of FFDCA, and the factors
specified in section 408(b)(2)(D) of FFDCA, EPA has reviewed the
available scientific data and other relevant information in support of
this action. EPA has sufficient data to assess the hazards of and to
make a determination on aggregate exposure for the petitioned-for
permanent tolerances for residues of forchlorfenuron on bushberry
subgroup 13-07B at 0.01 ppm and time-limited tolerances for residues of
forchlorfenuron on almond, cherry, fig, pear, pistachio, plum/prune at
0.01 ppm. EPA's assessment of exposures and risks associated with
establishing tolerances follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered its
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children.
    Forchlorfenuron is not acutely toxic via the oral, dermal, and
inhalation routes. Dose-related effects noted in the dog following
subchronic and chronic exposure were generally limited to decreased
body weight and body-weight gain. In the rat, the only organ that
appeared to be affected was the kidney, which showed suppurative
inflammation, suppurative pyelonephritis, non-suppurative interstitial
nephritis, and cortical cysts following chronic exposure. Developmental
toxicity (decreased fetal body weight) was observed in the rat only at
a maternally-toxic dose. Forchlorfenuron did not induce any signs of
reproductive toxicity or neurotoxic potential. The developmental
toxicity studies in rats and rabbits, as well as the reproductive
toxicity study in rats, did not demonstrate any prenatal or postnatal
sensitivity. There was no evidence of neurotoxicity in any of the
submitted studies. Forchlorfenuron is classified as not likely to be a
human carcinogen and there is no concern for mutagenicity. There was no
evidence of endocrine disruption in the forchlorfenuron database.
    Specific information on the studies received and the nature of the
adverse effects caused by forchlorfenuron as well as the no-observed-
adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-
level (LOAEL) from the toxicity studies can be found at http://
www.regulations.gov in document Forchlorfenuron: Human Health Risk
Assessment for Proposed Uses on the Bushberry Subgroup 13 B and to
Support a Requested Experimental Use Permit on almonds, sweet cherries,
figs, pears, pistachios and plums/prunes, in docket ID number EPA-HQ-
OPP-2007-1065.

B. Toxicological Endpoints

    For hazards that have a threshold below which there is no
appreciable risk, a toxicological point of departure (POD) is
identified as the basis for derivation of reference values for risk
assessment. The POD may be defined as the highest dose at which no
adverse effects are observed (the NOAEL) in the toxicology study
identified as appropriate for use in risk assessment. However, if a
NOAEL cannot be determined, the lowest dose at which adverse effects of
concern are identified (the LOAEL) or a Benchmark Dose (BMD) approach
is sometimes used for risk assessment. Uncertainty/safety factors (UFs)
are used in conjunction with the POD to take into account

uncertainties inherent in the extrapolation from laboratory animal data
to humans and in the variations in sensitivity among members of the
human population as well as other unknowns. Safety is assessed for
acute and chronic dietary risks by comparing aggregate food and water
exposure to the pesticide to the acute population adjusted dose (aPAD)
and chronic population adjusted dose (cPAD). The aPAD and cPAD are
calculated by dividing the POD by all applicable UFs. Aggregate short-,
intermediate-, and chronic-term risks are evaluated by comparing food,
water, and residential exposure to the POD to ensure that the margin of
exposure (MOE) called for by the product of all applicable UFs is not
exceeded. This latter value is referred to as the Level of Concern
(LOC).
    For non-threshold risks, the Agency assumes that any amount of
exposure will lead to some degree of risk. Thus, the Agency estimates
risk in terms of the probability of an occurrence of the adverse effect
greater than that expected in a lifetime. For more information on the
general principles EPA uses in risk characterization and a complete
description of the risk assessment process,see http://www.epa.gov/
pesticides/factsheets/riskassess.htm.
    A summary of the toxicological endpoints for forchlorfenuron used
for human risk assessment is shown in Table 1 of this unit.

   Table 1.--Summary of Toxicological Doses and Endpoints for forchlorfenuron for Use in Human Risk Assessment
----------------------------------------------------------------------------------------------------------------
                                        Point of Departure and
          Exposure/Scenario               Uncertainty/Safety     RfD, PAD, LOC for Risk  Study and Toxicological
                                               Factors                 Assessment                Effects
----------------------------------------------------------------------------------------------------------------
Acute dietary (all populations)           No appropriate endpoint attributable to a single exposure (dose) was
                                           identified from oral toxicity studies, including the developmental
                                                                        studies.
----------------------------------------------------------------------------------------------------------------
Chronic dietary                        NOAEL= 7 mg/kg/day       Chronic RfD = 0.07 mg/   Chronic oral toxicity
(All populations)....................  UFA = 10x..............   kg/day                   study- rat
                                       UFH = 10x..............                           LOAEL = 93 mg/kg/day
                                       FQPA SF = 1x...........                            based on decreased
                                                                                body weight/body-
                                                                                weight gain/food
                                                                                consumption, and
                                                                                kidney toxicity
                                                                                (suppurative
                                                                                inflammation in males;
                                                                                nonsuppurative
                                                                                interstitial nephritis
                                                                                in females)
----------------------------------------------------------------------------------------------------------------
Dermal short-term                      (oral) NOAEL = 100 mg/   LOC for MOE = 100        Developmental toxicity
(1 to 30 days).......................   kg/day                                            study - rabbit
                                       (Dermal absorption rate                           LOAEL = 125 mg/kg/day
                                        = 100%.                                           based on body-weight
                                       UFA = 10x..............                            loss during dosing
                                       UFH = 10x..............                            period in the range-
                                       FQPA SF = 1x...........                            finding study
----------------------------------------------------------------------------------------------------------------
Dermal intermediate-term               (Oral) NOAEL= 87 mg/kg/  LOC for MOE = 100        Chronic oral toxicity
(1 to 6 months)......................   day                                               study - dog
                                       (Dermal absorption rate                           LOAEL = 195 mg/kg/day
                                        = 100%).                                          based on decreased
                                       UFA = 10x..............                            body weight/body-
                                       UFH = 10x..............                            weight gain/food
                                       FQPA SF = 1x...........                            consumption
----------------------------------------------------------------------------------------------------------------
Dermal long-term                       (Oral) NOAEL = 7 mg/kg/  LOC for MOE = 100        Chronic oral toxicity
(>6 months)..........................   day                                               study - rat
                                       (Dermal absorption rate                           LOAEL = 93 mg/kg/day
                                        = 100%).                                          based on decreased
                                       UFA = 10x..............                            body weight/body-
                                       UFH = 10x..............                            weight gain/food
                                       FQPA SF = 1x...........                            consumption, and
                                                                                kidney toxicity
                                                                                (suppurative
                                                                                inflammation in males;
                                                                                nonsuppurative
                                                                                interstitial nephritis
                                                                                in females)
----------------------------------------------------------------------------------------------------------------
Inhalation short-term                  (oral)NOAEL= 100 mg/kg/  LOC for MOE = 100        Developmental toxicity
(1 to 30 days).......................   day                                               study - rabbit
                                       (Inhalation absorption                            LOAEL = 125 mg/kg/day
                                        rate = 100%).                                     based on body-weight
                                       UFA = 10x..............                            loss during dosing
                                       UFH = 10x..............                            period in the range-
                                       FQPA SF = 1x...........                            finding study
----------------------------------------------------------------------------------------------------------------
Inhalation intermediate-term           (Oral) study             LOC for MOE = 100        Chronic oral toxicity
(1 to 6 months)......................  NOAEL = 87 mg/kg/day...                            study - dog
                                       (inhalation absorption                            LOAEL = 195 mg/kg/day
                                        rate = 100%).                                     based on decreased
                                       UFA = 10x..............                            body weight/body-
                                       UFH = 10x..............                            weight gain/food
                                       FQPA SF = 1x...........                            consumption
----------------------------------------------------------------------------------------------------------------
Inhalation long-term                   (Oral) NOAEL = 7 mg/kg/  LOC for MOE = 100        Chronic oral toxicity
(>6 months)..........................   day                                               study - rat
                                       (inhalation absorption                            LOAEL = 93 mg/kg/day
                                        rate = 100%).                                     based on decreased
                                       UFA = 10x..............                            body weight/body-
                                       UFH = 10x..............                            weight gain/food
                                       FQPA SF = 1x...........                            consumption, and
                                                                                kidney toxicity
                                                                                (suppurative
                                                                                inflammation in males;
                                                                                nonsuppurative
                                                                                interstitial nephritis
                                                                                in females)
----------------------------------------------------------------------------------------------------------------

Cancer                                     Classification: Not likely to be a human carcinogen, based on two
(Oral, dermal, inhalation)...........                   adequate rodent carcinogenicity studies.
----------------------------------------------------------------------------------------------------------------
UFA = extrapolation from animal to human (interspecies). UFH = potential variation in sensitivity among members
  of the human population (intraspecies). UFL = use of a LOAEL to extrapolate a NOAEL. FQPA SF = FQPA Safety
  Factor. PAD = population adjusted dose (a = acute, c = chronic). RfD = reference dose. MOE = margin of
  exposure. LOC = level of concern.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to forchlorfenuron EPA considered exposure under the
petitioned-for tolerances as well as all existing forchlorfenuron
tolerances in (40 CFR 180.569). EPA assessed dietary exposures from
forchlorfenuron in food as follows:
    i. Acute exposure. Quantitative acute dietary exposure and risk
assessments are performed for a food-use pesticide, if a toxicological
study has indicated the possibility of an effect of concern occurring
as a result of a 1-day or single exposure.
    No such effects were identified in the toxicological studies for
forchlorfenuron; therefore, a quantitative acute dietary exposure
assessment is unnecessary.
    ii. Chronic exposure. In conducting the chronic dietary exposure
assessment EPA used the food consumption data from the United States
Departmemt of Agriculture (USDA) 1994-1996 and 1998 Continuing Surveys
of Food Intake by Individuals (CSFII). As to residue levels in food,
EPA conducted a highly conservative chronic dietary exposure and risk
assessment to support the new uses of forchlorfenuron. Tolerance level
residues and 100 percent crop treated (PCT) information was
incorporated into the assessment. Dietary Exposure Evaluation Model
(DEEM version 7.81) default processing factors were used for apple
juice, dried apples, dried pears, prune juice, cranberry juice, and
grape juice. A processing factor was not used for raisins because a
separate tolerance (resulting from an empirical processing study) is
being recommended for this commodity. Additionally, the default
processing factor was not used for prunes (dried plums) since data
indicated that residues in prunes would not exceed the recommended plum
tolerance.
    iii. Cancer. Forchlorfenuron has been classified as not likely to
be carcinogenic based on carcinogenicity studies in the rat and mouse
which showed no evidence of an increase in the incidence of tumors
therefore a cancer dietary exposure and risk assessment is not
required.
    iv. Anticipated residue and PCT information. EPA did not use
anticipated residue and/or PCT information in the dietary assessment
for forchlorfenuron. Tolerance level residues and/or 100 PCT were
assumed for all existing and new food commodities.
    2. Dietary exposure from drinking water. The Agency used screening
level water exposure models in the dietary exposure analysis and risk
assessment for forchlorfenuron in drinking water. These simulation
models take into account data on the physical, chemical, and fate/
transport characteristics of forchlorfenuron. Further information
regarding EPA drinking water models used in pesticide exposure
assessment can be found at http://www.epa.gov/oppefed1/models/water/
index.htm.
    Forchlorfenuron is persistent and moderately mobile in soils.
Forchlorfenuron is also a substituted urea plant growth regulator that
is essentially stable to all routes of dissipation except sensitized
photodegradation in water. Based on the Pesticide Root Zone Model/
Exposure Analysis Modeling System (PRZM/EXAMS) and Screening
Concentration in Ground Water (SCI-GROW) models, the Estimated
Environmental Concentrations (EECs) of forchlorfenuron from the newly
proposed use on bushberries and the uses on almonds, sweet cherries,
figs, pears, plums and pistachios under the EUP will not exceed the
EECs from the grape and kiwi uses previously assessed by the Agency in
document titled Drinking Water Assessment for Forchlorfenuron for Grape
and Kiwi Uses. Therefore, the Agency has incorporated the drinking
water EEC from the grape and kiwi analysis directly into this dietary
assessment.
    For chronic dietary risk assessment, the water concentration of
value 0.003 ppb was used to assess the contribution to drinking water.
    3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., for lawn and garden pest control, indoor pest control,
termiticides, and flea and tick control on pets).
    Forchlorfenuron is not registered for any specific use patterns
that would result in residential exposure.
    4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
    EPA has not made a common mechanism of toxicity finding asto
forchlorfenuron and any other substances and forchlorfenuron does not
appear to produce a toxic metabolite produced by other substances. For
the purposes of this tolerance action, therefore, EPA has not assumed
that forchlorfenuron has a common mechanism of toxicity with other
substances. For information regarding EPA's efforts to determine which
chemicals have a common mechanism of toxicity and to evaluate the
cumulative effects of such chemicals, see EPA's website at http://
www.epa.gov/pesticides/cumulative.

D. Safety Factor for Infants and Children

    1. In general. Section 408(b)(2)(c) of FFDCA provides that EPA
shall apply an additional tenfold (10X) margin of safety for infants
and children in the case of threshold effects to account for prenatal
and postnatal toxicity and the completeness of the database on toxicity
and exposure unless EPA determines based on reliable data that a
different margin of safety will be safe for infants and children. This
additional margin of safety is commonly referred to as the FQPA safety
factor (SF). In applying this provision, EPA either retains the default
value of 10X, or uses a different additional safety factor when
reliable data available to EPA support the choice of a different
factor.

    2. Prenatal and postnatal sensitivity. The developmental and
reproductive toxicity studies showed no evidence of increased
sensitivity or susceptibility of young rats or rabbits following pre-
and/or postnatal exposure to forchlorfenuron.
    3. Conclusion. EPA has determined that reliable data show the
safety of infants and children would be adequately protected if the
FQPA SF were reduced to 1X. That decision is based on the following
findings:
    i. The toxicity database for forchlorfenuron is complete.
    ii. There is no indication that forchlorfenuron is a neurotoxic
chemical and there is no need for a developmental neurotoxicity study
or additional UFs to account for neurotoxicity.
    iii. There is no evidence that forchlorfenuron results in increased
susceptibility in in utero rats or rabbits in the prenatal
developmental studies or in young rats in the 2-generation reproduction
study.
    iv. There are no residual uncertainties identified in the exposure
databases. EPA made conservative (protective) assumptions in the ground
and surface water modeling used to assess exposure to forchlorfenuron
in drinking water. EPA used similarly conservative assumptions to
assess exposure to forchlorfenuron residues in food. These assessments
will not underestimate the exposure and risks posed by forchlorfenuron.

E. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic pesticide exposures are
safe by comparing aggregate exposure estimates to the aPAD and cPAD.
The aPAD and cPAD represent the highest safe exposures, taking into
account all appropriate SFs. EPA calculates the aPAD and cPAD by
dividing the POD by all applicable UFs. For linear cancer risks, EPA
calculates the probability of additional cancer cases given the
estimated aggregate exposure. Short-term, intermediate-term, and
chronic-term risks are evaluated by comparing the estimated aggregate
food, water, and residential exposure to the POD to ensure that the
margin of exposure (MOE) called for by the product of all applicable
UFs is not exceeded.
    1. Acute risk. An acute aggregate risk assessment takes into
account exposure estimates from acute dietary consumption of food and
drinking water. No adverse effect resulting from a single-oral exposure
was identified and no acute dietary endpoint was selected. Therefore,
forchlorfenuron is not expected to pose an acute risk.
    2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that chronic exposure to
forchlorfenuron from food and water will utilize <1% of the cPAD for
the general U.S. population and all subpopulations. There are no
residential uses for forchlorfenuron.
    3. Short-term and intermediate-term risk. Short-term and
Intermediate-term aggregate exposure takes into account short-term and
intermediate-term residential exposure plus chronic exposure to food
and water (considered to be a background exposure level).
    Forchlorfenuron is not registered for any use patterns that would
result in short-term and intermediate-term residential exposure.
Therefore, the short-term and intermediate-term aggregate risk,
individually is the sum of the risk from exposure to forchlorfenuron
through food and water, which has already been addressed, and will not
be greater than the chronic aggregate risk.
    4. Aggregate cancer risk for U.S. population. Since forchlorfenuron
has been classified as not likely to be carcinogenic, aggregate cancer
risk is not a concern.
    5. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population or to infants and children from aggregate
exposure to forchlorfenuron residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    An adequate high performance liquid chromatography/ultraviolet
(HPLC/UV) method (Method  CCRL-MTH-029) is available for
enforcing tolerances of forchlorfenuron in/on members of the Bushberry
Subgroup 13-07B and the commodities that are the subject of the
proposed EUP. For this method, residues are extracted with methanol or
acetone, diluted with water, and partitioned against hexane. Residues
remaining in the aqueous fraction are then partitioned into
dichloromethane (DCM) and if necessary further purified using a silica
SPE cartridge. Residues are determined by HPLC/UV using external
standards and residues are confirmed by liquid chromatography (LC) mass
spectrometry (MS/MS) analysis. The validated limit of quantitation
(LOQ) is 0.01 ppm for fruit and nut crops.

B. International Residue Limits

    There is no established or proposed Canadian, Mexican or Codex MRLs
for residues of forchlorfenuron in plant commodities.

C. Revisions to Petitioned-For Tolerances

    The data submitted also supports a temporary tolerance of 0.15
parts per million (ppm) for almond, hulls. Therefore, a tolerance for
residues of forchlorfenuron on almond, hulls at 0.15 ppm is
established.

V. Conclusion

    Therefore, a permanent tolerance is established for residues of
forchlorfenuron, N-(2-chloro-4-pyridinyl)-N'-phenyl urea, in or on
bushberry subgroup 13-07B at tolerance level 0.01.
    Also, time-limited tolerances are established for residues of
forchlorfenuron, N-(2-chloro-4-pyridinyl)-N'-phenyl urea, in or on
almond at 0.01 ppm, almond, hulls at 0.15 ppm, cherry, sweet at 0.01
ppm, fig at 0.01 ppm, pear at 0.01 ppm, pistachio at 0.01 ppm and plum,
prune, fresh at 0.01 ppm. A time limitation has been imposed because
KIM-C1, LLC has submitted an application for an Experimental Use Permit
and Temporary Tolerance for plant growth regulator Forchlorfenuron
(CPPU), on six crops (almonds, cherry, fig, pear, pistachio, and plum/
prune) to permit experimental use under semi-commercial conditions,
which will include collection of additional residue data where
necessary to support permanent tolerances.

VI. Statutory and Executive Order Reviews

    This final rule establishes tolerances under section 408(d) of
FFDCA in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993). Because this final rule has been
exempted from review under Executive Order 12866, this final rule is
not subject to Executive Order 13211, Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use (66 FR
28355, May 22, 2001) or Executive Order 13045, entitled Protection of
Children from Environmental Health Risks and Safety Risks (62 FR 19885,
April 23, 1997). This final rule does not contain any information
collections subject to OMB approval under the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501 et

seq., nor does it require any special considerations under Executive
Order 12898, entitled Federal Actions to Address Environmental Justice
in Minority Populations and Low-Income Populations (59 FR 7629,
February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under section 408(d) of FFDCA, such as the tolerance in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
    This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled Federalism (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
Consultation and Coordination with Indian Tribal Governments (65 FR
67249, November 9, 2000) do not apply to this final rule. In addition,
this final rule does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Public Law 104-4).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).

VII. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of this final rule in the Federal
Register. This final rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: August 8, 2008.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. Section 180.569 is amended by adding bushberry subgroup 13-07B in
the table to paragraph (a)(1); and revising the table in paragraph
(a)(2) to read as follows:

Sec.  180.569  Forchlorfenuron; tolerances for residues.

    (a) General (1) * * *

------------------------------------------------------------------------
                   Commodity                        Parts per million
------------------------------------------------------------------------
Bushberry subgroup 13-07B                                           0.01
                                * * * * *
------------------------------------------------------------------------

    (2)* * *

----------------------------------------------------------------------------------------------------------------
                                                                                Expiration/revocation
                           Commodity                               Parts per million               date
----------------------------------------------------------------------------------------------------------------
Almond........................................................                     0.01               12/31/2011
Almond, hulls.................................................                     0.15               12/31/2011
Cherry, sweet.................................................                     0.01               12/31/2011
Fig...........................................................                     0.01               12/31/2011
Pear..........................................................                     0.01               12/31/2011
Pistachio.....................................................                     0.01               12/31/2011
Plum, prune, fresh                                                                 0.01               12/31/2011
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. E8-18946 Filed 8-14-08; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 84, Number 195 (Tuesday, October 8, 2019)]
[Proposed Rules]
[Pages 53662-53663]
[FR Doc No: 2019-21827]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 84, No. 195 / Tuesday, October 8, 2019 /
Proposed Rules

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2002-0083; FRL-10000-94-OAR]
RIN 2060-AT03

National Emission Standards for Hazardous Air Pollutants:
Integrated Iron and Steel Manufacturing Facilities Residual Risk and
Technology Review; Reopening of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; reopen comment period.

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

SUMMARY: On August 16, 2019, the Environmental Protection Agency (EPA)
proposed a rule titled ``National Emission Standards for Hazardous Air
Pollutants: Integrated Iron and Steel Manufacturing Facilities Residual
Risk and Technology Review.'' The EPA is reopening the comment period
on the proposed rule that originally closed on September 30, 2019. The
comment period will remain open to allow additional time for
stakeholders to review and comment on the proposal.

DATES: The public comment period for the proposed rule published in the
Federal Register on August 16, 2019 (84 FR 42704), is being reopened.
Written comments must be received on or before November 7, 2019.

ADDRESSES: Comments. Submit your comments, identified by Docket ID No.
EPA-HQ-OAR-2002-0083, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/
(our preferred method). Follow the online instructions for submitting
comments.
     Email<EMAIL_ADDRESS>Include Docket ID No. EPA-
HQ-OAR-2002-0083 in the subject line of the message.
     Fax:<PHONE_NUMBER>. Attention Docket ID No. EPA-HQ-OAR-
2002-0083.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Docket ID No. EPA-HQ-OAR-2002-0083, Mail Code 28221T, 1200
Pennsylvania Avenue NW, Washington, DC 20460.
     Hand/Courier Delivery: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operation are 8:30 a.m.-4:30 p.m., Monday-
Friday (except federal holidays).
    Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to https://www.regulations.gov/, including any personal information
provided. Do not submit information that you consider to be
Confidential Business Information (CBI) or otherwise protected through
https://www.regulations.gov/ or email. This type of information should
be submitted by mail as discussed below.
    The EPA may publish any comment received to its public docket.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the Web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    The https://www.regulations.gov/ website allows you to submit your
comment anonymously, which means the EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send an email comment directly to the EPA without going through
https://www.regulations.gov/, your email 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, the EPA recommends that you include your name and
other contact information in the body of your comment and with any
digital storage media you submit. If the EPA cannot read your comment
due to technical difficulties and cannot contact you for clarification,
the EPA may not be able to consider your comment. Electronic files
should not include special characters or any form of encryption and be
free of any defects or viruses. For additional information about the
EPA's public docket, visit the EPA's Docket Center homepage at https://www.epa.gov/dockets.
    Submitting CBI. Do not submit information containing CBI to the EPA
through https://www.regulations.gov/ or email. Clearly mark the part or
all of the information that you claim to be CBI. For CBI information on
any digital storage media that you mail to the EPA, mark the outside of
the digital storage media as CBI and then identify electronically
within the digital storage media the specific information that is
claimed as CBI. In addition to one complete version of the comments
that includes information claimed as CBI, you must submit a copy of the
comments that does not contain the information claimed as CBI directly
to the public docket through the procedures outlined in Instructions
above. If you submit any digital storage media that does not contain
CBI, mark the outside of the digital storage media clearly that it does
not contain CBI. Information not marked as CBI will be included in the
public docket and the EPA's electronic public docket without prior
notice. Information marked as CBI will not be disclosed except in
accordance with procedures set forth in 40 Code of Federal Regulations
part 2. Send or deliver information identified as CBI only to the
following address: OAQPS Document Control Officer (C404-02), OAQPS,
U.S. Environmental Protection Agency, Research Triangle Park, North
Carolina 27711, Attention Docket ID No. EPA-HQ-OAR-2002-0083.

FOR FURTHER INFORMATION CONTACT: For questions about this proposed
action, contact Dr. Donna Lee Jones, Sector Policies and Programs
Division (D243-02), Office of Air Quality Planning and Standards, U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>;
and email address<EMAIL_ADDRESS>For specific information
regarding the risk assessment methodology, contact Ted

Palma, Health and Environmental Impacts Division (C539-02), Office of
Air Quality Planning and Standards, U.S. Environmental Protection
Agency, Research Triangle Park, North Carolina 27711; telephone number:
(919) 541-5470; fax number:<PHONE_NUMBER>; and email address:
<EMAIL_ADDRESS>For information about monitoring and testing
requirements, contact Kevin McGinn, Sector Policies and Programs
Division (D230-02), Office of Air Quality Planning and Standards, U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>;
and email address<EMAIL_ADDRESS>For information about the
applicability of the Integrated Iron and Steel National Emission
Standards for Hazardous Air Pollutants to a particular entity, contact
Maria Malave, Office of Enforcement and Compliance Assurance, U.S.
Environmental Protection Agency, WJC South Building (Mail Code 2227A),
1200 Pennsylvania Avenue NW, Washington DC 20460; telephone number:
(202) 564-7027; and email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: To allow for additional time for
stakeholders to provide comments and to review additional items
submitted to the docket, the EPA has decided to reopen the public
comment period until November 7, 2019.

    Dated: October 2, 2019.
Panagiotis Tsirigotis,
Director, Office of Air Quality Planning and Standards.
[FR Doc. 2019-21827 Filed 10-7-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)]
[Notices]
[Pages 45701-45706]
[FR Doc No: 2018-19502]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84020; File No. SR-FINRA-2018-033]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend Section 4(c) of Schedule A to the FINRA
By-Laws Relating to Qualification Examination Fees

September 4, 2018.
    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 August 20, 2018, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by FINRA. FINRA has
designated the proposed rule change as ``establishing or changing a
due, fee or other charge'' under Section 19(b)(3)(A)(ii) of the Act \3\
and Rule 19b-4(f)(2) thereunder,\4\ which renders the proposal
effective upon receipt of this filing by the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

    FINRA is proposing to amend Section 4(c) of Schedule A to the FINRA
By-Laws to: (1) Establish the fee for the Securities Industry
EssentialsTM (``SIETM'') examination; (2) revise
the fees for the Investment Company and Variable Contracts Products
Representative (Series 6), General Securities Representative (Series
7), Direct Participation Programs Representative (Series 22),
Securities Trader (Series 57), Investment Banking Representative
(Series 79), Private Securities Offerings Representative (Series 82)
and Operations Professional (Series 99) examinations; (3) revise the
administration and delivery fee for the Municipal Securities
Representative (Series 52) examination; and (4) remove the Order
Processing Assistant Representative (Series 11), United Kingdom
Securities Representative (Series 17), Canada Securities Representative
(Series 37 and Series 38), Options Representative (Series 42),
Corporate Securities Representative (Series 62) and Government
Securities Representative (Series 72) examinations and the associated
fees. The proposed rule change relates to the restructuring of the
FINRA representative-level qualification examination program. The
proposed rule change also makes certain non-substantive technical
changes to the table of fees under Section 4(c).
    The text of the proposed rule change is available on FINRA's
website at http://www.finra.org, at the principal office of FINRA and
at the Commission's Public Reference Room.

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

    In its filing with the Commission, FINRA 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. FINRA has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    In July 2017, the SEC approved a proposed rule change to
restructure the FINRA representative-level qualification examination
program.\5\ The rule change, which will become effective on October 1,
2018,\6\ restructures the examination

program into a new format whereby all new representative-level
applicants will be required to take a general knowledge examination
(the SIE examination) and a tailored, specialized knowledge examination
(a revised representative-level qualification examination) for their
particular registered role. As part of the restructuring, FINRA
developed the SIE examination and revised nine of the existing
representative-level examinations.\7\ FINRA is also eliminating seven
representative-level examinations that have become outdated or have
limited utility.\8\ In January 2018, FINRA filed the content outline
and selection specifications for the SIE examination with the SEC.\9\
In February 2018, FINRA filed the content outlines and selection
specifications for the revised representative-level qualification
examinations with the SEC.\10\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 81098 (July 7,
2017), 82 FR 32419 (July 13, 2017) (Order Approving File No. SR-
FINRA-2017-007). For ease of reference, FINRA revised the titles of
some of the registration categories as part of SR-FINRA-2017-007.
For instance, FINRA changed ``Limited Representative--Investment
Company and Variable Contracts Products'' to ``Investment Company
and Variable Contracts Products Representative.'' This proposed rule
change refers to the titles that were approved as part of SR-FINRA-
2017-007, though the changes are not yet effective.
    \6\ See Regulatory Notice 17-30 (October 2017).
    \7\ The following are the nine representative-level
examinations: Investment Company and Variable Contracts Products
Representative (Series 6); General Securities Representative (Series
7); Direct Participation Programs Representative (Series 22);
Securities Trader (Series 57); Investment Banking Representative
(Series 79); Private Securities Offerings Representative (Series
82); Research Analyst (Series 86 and Series 87); and Operations
Professional (Series 99). See supra note 5.
    \8\ Specifically, FINRA is eliminating the following
examinations: Order Processing Assistant Representative (Series 11);
United Kingdom Securities Representative (Series 17); Canada
Securities Representative (Series 37 and Series 38); Options
Representative (Series 42); Corporate Securities [sic]
Representative (Series 62) and Government Securities Representative
(Series 72). See supra note 5. Individuals maintaining the
eliminated representative-level registrations will be grandfathered
(i.e., they may continue to maintain their current registrations on
or after October 1, 2018, unless their registrations lapse).
    \9\ See Securities Exchange Act Release No. 82578 (January 24,
2018), 83 FR 4375 (January 30, 2018) (Notice of Filing and Immediate
Effectiveness of File No. SR-FINRA-2018-002) (Proposed Rule Change
Relating to the New Securities Industry Essentials (SIE)
Examination).
    \10\ See Securities Exchange Act Release No. 82750 (February 21,
2018), 83 FR 8526 (February 27, 2018) (Notice of Filing and
Immediate Effectiveness of File No. SR-FINRA-2018-004) (Proposed
Rule Change to Revise the Investment Banking Representative (Series
79) Examination); Securities Exchange Act Release No. 82751
(February 21, 2018), 83 FR 8559 (February 27, 2018) (Notice of
Filing and Immediate Effectiveness of File No. SR-FINRA-2018-005)
(Proposed Rule Change to Revise the Research Analyst (Series 86 and
87) Examinations); Securities Exchange Act Release No. 82752
(February 21, 2018), 83 FR 8536 (February 27, 2018) (Notice of
Filing and Immediate Effectiveness of File No. SR-FINRA-2018-006)
(Proposed Rule Change to Revise the Operations Professional (Series
99) Examination); Securities Exchange Act Release No. 82754
(February 21, 2018), 83 FR 8533 (February 27, 2018) (Notice of
Filing and Immediate Effectiveness of File No. SR-FINRA-2018-007)
(Proposed Rule Change to Revise the Investment Company and Variable
Contracts Products Representative (Series 6) Examination);
Securities Exchange Act Release No. 82747 (February 21, 2018), 83 FR
8524 (February 27, 2018) (Notice of Filing and Immediate
Effectiveness of File No. SR-FINRA-2018-008) (Proposed Rule Change
to Revise the General Securities Representative (Series 7)
Examination); Securities Exchange Act Release No. 82748 (February
21, 2018), 83 FR 8529 (February 27, 2018) (Notice of Filing and
Immediate Effectiveness of File No. SR-FINRA-2018-009) (Proposed
Rule Change to Revise the Direct Participation Programs
Representative (Series 22) Examination); Securities Exchange Act
Release No. 82772 (February 26, 2018), 83 FR 9039 (March 2, 2018)
(Notice of Filing and Immediate Effectiveness of File No. SR-FINRA-
2018-010) (Proposed Rule Change to Revise the Securities Trader
(Series 57) Examination); and Securities Exchange Act Release No.
82774 (February 26, 2018), 83 FR 9050 (March 2, 2018) (Notice of
Filing and Immediate Effectiveness of File No. SR-FINRA-2018-011)
(Proposed Rule Change to Revise the Private Securities Offerings
Representative (Series 82) Examination).
---------------------------------------------------------------------------

    The restructured program eliminates duplicative testing of general
securities knowledge on the current representative-level qualification
examinations by moving such content into the SIE examination.\11\ The
SIE examination will test fundamental securities-related knowledge,
including knowledge of basic products, the structure and function of
the securities industry, the regulatory agencies and their functions
and regulated and prohibited practices, whereas the revised
representative-level qualification examinations will test knowledge
relevant to day-to-day activities, responsibilities and job functions
of representatives.
---------------------------------------------------------------------------

    \11\ Each of the current representative-level examinations
covers general securities knowledge, with the exception of the
Research Analyst (Series 86 and 87) examinations.
---------------------------------------------------------------------------

    A previously unregistered individual who is applying for
registration as a representative,\12\ for the first time on or after
October 1, 2018, will be required to pass both the SIE examination and
the appropriate revised representative-level examination for his or her
particular registered role, or obtain a waiver of the examinations.\13\
This requirement also applies to applicants who are seeking a
representative-level registration as a prerequisite to a principal-
level registration.
---------------------------------------------------------------------------

    \12\ FINRA Rule 1220(b) sets forth each representative-level
registration category and applicable qualification examination.
    \13\ Individuals who are currently, or were previously,
registered as representatives will be subject to different
qualification requirements depending on their registration status
prior to October 1, 2018. Specifically, individuals who registered
as representatives prior to October 1, 2018, and who continue to
maintain those registrations on or after October 1, 2018, will not
be subject to any additional qualification requirements with respect
to those registrations, provided their registrations do not lapse in
the future. With the exception of individuals who were registered
solely as Foreign Associates, individuals whose registration as a
representative was terminated between October 1, 2016, and September
30, 2018, also will not be subject to any additional qualification
requirements with respect to those registrations, provided they re-
register as a representative within two years from the date of their
last registration.
    In addition, with the exception of individuals who were
registered solely as Order Processing Assistant Representatives or
Foreign Associates, individuals whose registration as a
representative was terminated between October 1, 2014, and September
30, 2016, will be considered to have passed the SIE examination,
provided they re-register as a representative within four years from
the date of their last registration. Thus, to re-register as a
representative, such individuals would be required to pass the
appropriate revised representative-level examination for their
particular registered role, or obtain a waiver of the examination.
Finally, individuals whose registration as a representative was
terminated prior to October 1, 2014 will be required to pass both
the SIE examination and the appropriate revised representative-level
examination for their particular registered role, or obtain a waiver
of the examinations, if they want to re-register as a representative
on or after October 1, 2018.
---------------------------------------------------------------------------

    In addition, the SIE examination will be available to associated
persons of firms who are not required to register as well as to
individuals who are not associated persons of firms, including members
of the public.\14\
---------------------------------------------------------------------------

    \14\ While individuals who are not associated persons are
eligible to take the SIE examination, passing the SIE examination
alone will not qualify them for registration with FINRA. Rather, to
be eligible for registration, an individual must also be associated
with a firm, pass an appropriate qualification examination(s) for
representative or principal and satisfy the other requirements
relating to the registration process. Further, a passing result on
the SIE examination would only be valid for four years. Therefore,
an individual who passes the SIE examination and is not an
associated person at the time would have up to four years from the
date he or she passes the SIE examination to become an associated
person of a firm and pass a representative-level examination, or
obtain a waiver of the examination, and register as a representative
without having to retake the SIE examination.
---------------------------------------------------------------------------

    The proposed rule change amends Section 4(c) of Schedule A to the
FINRA By-Laws to establish the fee for the SIE examination, revise the
fees for the representative-level examinations that FINRA is retaining
and remove the representative-level examinations that FINRA is
eliminating and the associated fees.
    FINRA currently administers examinations electronically through the
PROCTOR system \15\ at testing centers operated by a vendor under
contract with FINRA. FINRA charges an examination fee to candidates for
FINRA-sponsored and co-sponsored examinations to cover the development,
maintenance and delivery of these examinations. FINRA considers the
following factors when establishing or revising an examination fee: (1)
Number of test questions; (2) seat time; \16\ (3) staff

effort associated with test development and delivery; (4) corporate
overhead; and (5) operational and technology costs associated with
maintaining the PROCTOR system (i.e., item banking, test authoring and
test delivery).
---------------------------------------------------------------------------

    \15\ PROCTOR is a computer system that is specifically designed
for the administration and delivery of computer-based testing and
training.
    \16\ FINRA pays its delivery vendor an hourly rate for seat time
at test delivery centers. The seat time, which varies based on the
length of an examination, includes the session time for an
examination as well as an additional 30 minutes to cover
administrative procedures relating to the examination process.
---------------------------------------------------------------------------

    The SIE examination consists of 75 scored questions \17\ and has a
session time of one hour and 45 minutes. The revised representative-
level examinations consist of fewer scored questions than the current
examinations and have reduced session times, with the exception of the
Research Analyst (Series 86 and Series 87) examinations.\18\ Consistent
with its process for establishing and revising examination fees, FINRA
is proposing to establish a fee of $60 for the SIE examination. In
addition, FINRA is proposing to reduce the fee for each individual
revised representative-level examination, with the exception of the
revised Series 86 and Series 87 examinations.\19\ Specifically, FINRA
is proposing the following fees for the revised representative-level
examinations: Series 6 ($40); Series 7 ($245); Series 22 ($40); Series
57 ($60); Series 79 ($245); Series 82 ($40); Series 86 ($185); Series
87 ($130); and Series 99 ($40).
---------------------------------------------------------------------------

    \17\ The SIE examination and each of the revised representative-
level examinations also include five to ten unscored pretest
questions. Pretest questions are designed to ensure that new
examination items meet acceptable testing standards prior to use.
    \18\ The revised Series 86 and Series 87 examinations have the
same number of scored questions and session times as the current
Series 86 and Series 87 examinations.
    \19\ FINRA is not proposing any changes to the fees for the
Series 86 and Series 87 examinations as the test lengths for these
examinations are not changing.
---------------------------------------------------------------------------

    FINRA is creating an enrollment system separate from the Central
Registration Depository (``CRD[supreg]'') system to allow individuals
who are not associated persons of a firm, including members of the
public, to enroll and pay the SIE examination fee. This system would
also be available to associated persons of firms who are not required
to be registered with FINRA. FINRA is not proposing any changes, at
this time, to the principal-level examinations or the associated
fees.\20\
---------------------------------------------------------------------------

    \20\ FINRA is currently evaluating whether the principal-level
examinations could be restructured in a manner similar to the
representative-level examinations.
---------------------------------------------------------------------------

    The table below compares the current and future examination fees,
number of scored questions on each examination and examination session
times associated with each representative category that FINRA is
retaining.

                        FINRA Representative-Level Registrations and Related Examinations
----------------------------------------------------------------------------------------------------------------
 Registration category (CRD system   Current examination(s) fee [number of   Future examinations fee [number of
            designation)                scored questions, session time]        scored questions, session time]
----------------------------------------------------------------------------------------------------------------
Investment Company and Variable      Series 6: $100 [100 questions, two     SIE: $60 [75 questions, one hour and
 Contracts Products Representative    hours and 15 minutes].                 45 minutes] + Revised Series 6: $40
 (IR).                                                                       [50 questions, one hour and 30
                                                                             minutes]; Combined Exam Fee ($100).
General Securities Representative    Series 7: $305 [250 questions, six     SIE: $60 [75 questions, one hour and
 (GS).                                hours].                                45 minutes] + Revised Series 7:
                                                                             $245 [125 questions, three hours
                                                                             and 45 minutes]; Combined Exam Fee
                                                                             ($305).
Direct Participation Programs        Series 22: $100 [100 questions, two    SIE: $60 [75 questions, one hour and
 Representative (DR).                 hours and 30 minutes].                 45 minutes] + Revised Series 22:
                                                                             $40 [50 questions, one hour and 30
                                                                             minutes]; Combined Exam Fee ($100).
Securities Trader (TD).............  Series 57: $120 [125 questions, three  SIE: $60 [75 questions, one hour and
                                      hours and 45 minutes].                 45 minutes] + Revised Series 57:
                                                                             $60 [50 questions, one hour and 45
                                                                             minutes]; Combined Exam Fee ($120).
Investment Banking Representative    Series 79: $305 [175 questions, five   SIE: $60 [75 questions, one hour and
 (IB).                                hours].                                45 minutes] + Revised Series 79:
                                                                             $245 [75 questions, two hours and
                                                                             30 minutes]; Combined Exam Fee
                                                                             ($305).
Private Securities Offerings         Series 82: $95 [100 questions, two     SIE: $60 [75 questions, one hour and
 Representative (PR).                 hours and 30 minutes];.                45 minutes] + Revised Series 82:
                                                                             $40 [50 questions, one hour and 30
                                                                             minutes]; Combined Exam Fee ($100).
Research Analyst (RS)..............  Series 7: $305 [250 questions, six     SIE: $60 [75 questions, one hour and
                                      hours] + Series 86: $185 [100          45 minutes] + Revised Series 86:
                                      questions, four hours and 30           $185 [100 questions, four hours and
                                      minutes] + Series 87: $130 [50         30 minutes] + Revised Series 87:
                                      questions, one hour and 45 minutes];   $130 [50 questions, one hour and 45
                                      Combined Exam Fee ($620).              minutes]; Combined Exam Fee
                                                                             ($375).\21\
Operations Professional (OS).......  Series 99: $130 [100 questions, two    SIE: $60 [75 questions, one hour and
                                      hours and 30 minutes].                 45 minutes] + Revised Series 99:
                                                                             $40 [50 questions, one hour and 30
                                                                             minutes]; Combined Exam Fee ($100).
----------------------------------------------------------------------------------------------------------------

    As the table illustrates, the proposed examination fees for
representative registrations will remain the same or be lower than the
current examination fees for representative registrations, with the
exception of registration as a Private Securities Offerings
Representative. As noted in the table, the overall examination fee for
registration as a Private Securities Offerings Representative will
increase by $5.
---------------------------------------------------------------------------

    \21\ Beginning on October 1, 2018, individuals registering as
Research Analysts will no longer be required to pass the General
Securities Representative (Series 7) examination.
---------------------------------------------------------------------------

    FINRA also administers and delivers examinations sponsored (i.e.,
developed) by other entities, including the Municipal Securities
Rulemaking Board (``MSRB''). For qualification examinations sponsored
by a FINRA client and administered by FINRA, FINRA charges an
administration and delivery fee that represents either a portion of or
the entire examination fee for the examination. The administration and
delivery fee represents a portion of the entire examination fee when a
FINRA client has established an additional fee for an examination that
it sponsors. For example, the fee to take the Municipal Securities
Representative (Series 52) examination is currently $280. Of this
amount, $130 is the FINRA administration and delivery fee, and

$150 is the development fee determined by the FINRA client, the
MSRB.\22\
---------------------------------------------------------------------------

    \22\ See MSRB Rule A-16 (Examination Fees).
---------------------------------------------------------------------------

    In conjunction with FINRA's rule change to restructure its
representative-level qualification examination program, the MSRB filed
a proposed rule change to, among other things, restructure the Series
52 examination program.\23\ Specifically, under the MSRB's proposed
rule change, individuals registering as Municipal Securities
Representatives would be required to take and pass the SIE examination
in addition to a revised Series 52 examination. In addition, the MSRB
filed a proposed rule change to reduce the number of scored questions
on the Series 52 examination (from 115 questions to 75 questions) and
the session time for the examination (from three hours and 30 minutes
to two hours and 30 minutes),\24\ which would reduce the overall seat
time for the examination and, in turn, reduce FINRA's administration
and delivery fee for the examination by $20. Accordingly, FINRA is
proposing to amend Section 4(c) of Schedule A to the FINRA By-Laws to
reduce the administration and delivery fee for the Series 52
examination from $130 to $110.
---------------------------------------------------------------------------

    \23\ See Securities Exchange Act Release No. 83483 (June 20,
2018), 83 FR 29855 (June 26, 2018) (Notice of Filing and Immediate
Effectiveness of File No. SR-MSRB-2018-04). The proposed rule change
will become effective on October 1, 2018, which coincides with the
effective date of FINRA's rule change.
    \24\ See Securities Exchange Act Release No. 83572 (June 29,
2018), 83 FR 31580 (July 6, 2018) (Notice of Filing and Immediate
Effectiveness of File No. SR-MSRB-2018-05). This proposed rule
change will also become effective on October 1, 2018.
---------------------------------------------------------------------------

    Finally, FINRA is proposing to make certain non-substantive
technical changes to the table of fees under Section 4(c) of Schedule A
to the FINRA By-Laws, such as adding headings to the table.
    FINRA has filed the proposed rule change for immediate
effectiveness. The implementation date will be October 1, 2018, to
coincide with the implementation of the restructured representative-
level examination program. FINRA will also announce the implementation
date of the proposed rule change in a Regulatory Notice.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(5) of the Act,\25\ which requires, among
other things, that FINRA rules provide for the equitable allocation of
reasonable dues, fees and other charges among members and issuers and
other persons using any facility or system that FINRA operates or
controls.
---------------------------------------------------------------------------

    \25\ 15 U.S.C. 78o-3(b)(5).
---------------------------------------------------------------------------

    FINRA believes that the proposed rule change constitutes an
equitable allocation of fees as the examination fees will be used to
cover FINRA's costs in developing, maintaining and delivering the SIE
examination and the revised representative-level examinations. FINRA
further believes that the proposed examination fees are reasonable
because they correspond to the costs associated with each examination
and are, for the most part, the same or lower than the current
examination fees for representative registrations. Accordingly, FINRA
believes that the proposed examination fees are equitably allocated and
reasonable. In addition, FINRA believes that the proposed rule change
constitutes an equitable allocation of fees with respect to FINRA's
portion of the fee for the revised Series 52 examination, which
represents FINRA's reduced costs for administering and delivering the
revised examination.

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

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.
Economic Impact Assessment
    FINRA has undertaken an economic impact assessment, as set forth
below, to further analyze the regulatory need for the proposed rule
change, the economic baseline of analysis, the economic impact and the
alternatives considered.
Regulatory Need
    FINRA has restructured the representative-level qualification
examination program by creating the SIE examination, revising some of
the representative-level qualification examinations and eliminating
others. The proposed rule change amends Section 4(c) of Schedule A to
the FINRA By-Laws to establish the fee for the SIE examination, revise
the fees for the representative-level qualification examinations that
FINRA is retaining and remove the fees for the representative-level
qualification examinations that FINRA is eliminating. The proposed fees
cover the development, maintenance and delivery of the SIE examination
and the revised representative-level examinations with minimum impact
on the examination costs for representatives.
    Further, as a result of the MSRB's restructuring of the Series 52
examination program, the proposed rule change amends Section 4(c) of
Schedule A to the FINRA By-Laws to reduce FINRA's administration and
delivery fee for the revised Series 52 examination.
Economic Baseline
    The economic baseline for the proposed rule change is the current
FINRA representative-level examinations, and the fees for these
examinations. The current representative-level examination program
consists of 16 examinations (Series 6, 7, 11, 17, 22, 37, 38, 42, 57,
62, 72, 79, 82, 86, 87 and 99). In 2017, there were approximately
102,000 representative-level registrations requested. The Series 7,
Series 6 and Series 79 are the top three examinations in terms of
candidate volume, constituting approximately 92% of the total
representative-level registration volume. Current fees range between
$95 and $305 per examination, and the fee schedule reflects the length
of the examination, which is also correlated with the effort necessary
to prepare and evaluate the examinations. As noted above, FINRA is
eliminating a limited number of representative-level examinations that
represent a small percentage of candidate volume. The current and
proposed fees for the retained representative-level examinations are
provided above.
    The economic baseline for the proposed rule change relating to the
Series 52 examination is the current fee associated with FINRA's
administration and delivery of the examination. In 2017, there were
approximately 830 Municipal Securities Representative registrations
requested. FINRA's fee for administering and delivering the Series 52
examination is currently $130.
Economic Impact
    For purposes of this discussion, FINRA has identified the
potentially material impacts of the proposed fees.
    The cumulative examination fees for a given registration as a
representative under FINRA's proposed structure are the same as those
under the current structure, with the exception of the categories of
Private Securities Offerings Representative, Research Analyst and
Operations Professional. For example, the current examination fee for
registration as a General Securities Representative is $305 (the fee
for the current Series 7 examination). Under the proposed fee
structure, the cumulative examination fee to register as a General
Securities Representative would remain $305 ($60 for the SIE
examination and $245 for the revised Series 7 examination). There will
be some economic impacts associated with

the proposed changes for specific categories of registration. First,
the total examination fee for registration as a Private Securities
Offerings Representative will increase by $5. The current examination
fee for registration as a Private Securities Offerings Representative
is $95.\26\ Under the restructured program, the total examination fee
for registration as Private Securities Offerings Representative will be
$100 ($60 for the SIE examination and $40 for the revised Series 82
examination). The proposed $40 fee for the revised Series 82
examination is consistent with the fees of other comparable revised
examinations (i.e., the revised Series 6, Series 22 and Series 99
examinations) all of which have similar development, maintenance and
delivery costs. Second, the examination fees for registration as a
Research Analyst or an Operations Professional will be reduced.\27\
Third, for the eliminated categories and related examinations,
individuals conducting the activities covered by the eliminated
examinations may seek registration in one of the remaining categories,
such as a General Securities Representative, which have higher
cumulative examination fees.\28\ However, as noted, this represents a
small group.
---------------------------------------------------------------------------

    \26\ While FINRA has maintained a $95 fee for the current Series
82 examination, the cost of developing, maintaining and delivering
the current Series 82 examination most closely correlates to the
cost of developing, maintaining and delivering the current Series 22
examination, which has a cost of $100.
    \27\ The cumulative examination fee for registration as a
Research Analyst will be reduced by $245 because, under the
restructured program, individuals registering as such will no longer
be required to take the Series 7 examination. The total examination
fee for registration as an Operations Professional will also be
reduced by $30.
    \28\ For example, the examination fee for the eliminated
Corporate Securities Representative (Series 62) category is $95
while the new cumulative examination fee for registration as a
General Securities Representative is proposed to be $305.
---------------------------------------------------------------------------

    The lifetime examination costs will also vary depending on the
number of examination attempts by individual test takers. For instance,
if an individual requires two attempts to pass the current Series 7
examination, the total cost of the examinations today would be $610
($305 x 2). If the same individual passed the SIE examination on the
first attempt, but still required two attempts to pass the revised
Series 7 examination, the total cost of the examinations would be $550
($60 for the SIE examination plus $245 x 2 for the revised Series 7
examination). If, alternatively, the individual required two attempts
at the SIE examination but passed the revised Series 7 examination on
the first attempt, the total cost would be $365 ($60 x 2 for the SIE
examination plus $245 for the revised Series 7 examination). In both of
these scenarios, because the person could take advantage of passing one
of the requirements in the first attempt, the aggregate examination
costs under the proposed fee structure would be less than today.
Further, as noted above, in some cases, the aggregate examination costs
are anticipated to be lower or higher, depending on the category in
which the individual is seeking to register.
    Registered representatives seeking an additional or alternative
representative registration category would also experience a net
decrease in examination fees because they would have already satisfied
the SIE examination requirement, thus only incurring the fees
associated with the revised representative-level examination. However,
based on historical data, these individuals represent a relatively
small percentage of individuals seeking registrations.
    With respect to FINRA's fee for administering and delivering the
revised Series 52 examination, the fee will be reduced by $20 (from
$130 to $110) to reflect FINRA's adjusted costs for its portion of the
fee for the examination.
Impact on Firms
    FINRA believes that the restructured program is likely to decrease
the total examination fees that firms pay. In aggregate, based on
FINRA's review of a representative sample of firms, it projects a
reduction in total examination fees annually. As stated above, the
examination fees paid to become registered will typically be lower in
circumstances where multiple examination attempts are needed to pass.
Under these circumstances, firms will experience a decrease in
examination fees, to the extent that firms cover these costs for
individuals. Under the restructured program, at least some of the costs
associated with qualification will likely transfer to the individuals
interested in becoming registered representatives. Members may require
job applicants to pass the SIE examination before they can be
considered for a position, and may require that the individuals pay the
SIE examination fee. Further, FINRA understands that some firms today
seek repayment from representatives for fees associated with
representative-level examinations. The extent of the economic transfer
between firm and representative depends upon, among other things, the
competition between firms for the pool of qualified representatives and
the size of that pool.
    In addition, broker-dealers and other regulated entities that seek
to register Municipal Securities Representatives would see a reduction
in FINRA's portion of the fee for the revised Series 52 examination.
Impact on Individuals
    As described above, firms may require potential registrants to pass
the SIE examination before they can be considered for a position, in
which case the SIE examination fee may be incurred by the individual
and the associated impact may be a shifting of some of the costs
associated with qualification from the firm to the individual. In such
a scenario, based on its own experience and in consultation with
industry experts, FINRA believes the $60 fee for the SIE examination
would not create a significant barrier to prospective registered
representatives.
    The restructured program will likely change the total test taking
time for individuals registering as representatives. For example, the
total examination session times for registration as a Research Analyst
decreases by four hours and fifteen minutes. The total session times
may increase or decrease depending on the registration. To the extent
that the changed session times lead to a change in test taking time by
individuals, they may experience an increase or decrease in the
opportunity cost of their time.
    Finally, some individuals who will not be pursuing registration as
a representative may still take the SIE examination. These individuals
include associated persons of firms who are not required to register as
well as individuals who are not associated persons of firms, such as
college students, individuals working in related financial service
industries or who have personal interest in establishing proficiency in
the subject matter. FINRA believes that the $60 fee for the SIE
examination may encourage such individuals to take the examination, and
in turn increase the pool of prospective registered representatives.
Alternatives Considered
    FINRA considered a range of potential fee models in developing the
proposed rule change, including different (dollar levels of) fees for
the SIE examination, the representative-level examinations and the SIE
examination in combination with the representative-level examinations.
FINRA believes that the proposed fee structure strikes the appropriate
balance between the operating costs associated with the

examinations and the impact to individuals and the industry.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \29\ and paragraph (f)(2) of Rule 19b-4
thereunder.\30\ At any time within 60 days of the filing of the
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act. If
the Commission takes such action, the Commission shall institute
proceedings to determine whether the proposed rule should be approved
or disapproved.
---------------------------------------------------------------------------

    \29\ 15 U.S.C. 78s(b)(3)(A).
    \30\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comment[email protected]. Please include
File Number SR-FINRA-2018-033 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.
All submissions should refer to File Number SR-FINRA-2018-033. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal office of FINRA. All comments received
will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-FINRA-2018-033 and should be submitted
on or before October 1, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\31\
---------------------------------------------------------------------------

    \31\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-19502 Filed 9-7-18; 8:45 am]
 BILLING CODE 8011-01-P