[Federal Register Volume 83, Number 188 (Thursday, September 27, 2018)]
[Notices]
[Pages 48877-48880]
[FR Doc No: 2018-20998]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84257; File No. SR-NYSEArca-2018-55]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Amendment No. 1 and Order Approving on an Accelerated Basis a
Proposed Rule Change, as Modified by Amendment No. 1, To List and Trade
Shares of the GraniteShares Gold MiniBAR Trust Pursuant to NYSE Arca
Rule 8.201-E

September 21, 2018

I. Introduction

    On July 19, 2018, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
list and trade shares (``Shares'') of the GraniteShares Gold MiniBAR
Trust (``Trust'') under NYSE Arca Equities Rule 8.201-E. The proposed
rule change was published for comment in the Federal Register on August
8, 2018.\3\ On September 14, 2018, the Exchange filed Amendment No. 1
to the proposed rule change.\4\ The Commission has not received any
comments on the proposed rule change. The Commission is publishing this
notice to solicit comments on Amendment No. 1 from interested persons,
and is approving the proposed rule change, as modified by Amendment No.
1, on an accelerated basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 83765 (Aug. 2,
2018), 83 FR 39138 (``Notice'').
    \4\ In Amendment No. 1, the Exchange: (1) Asserted that gold
futures contribute to and provide evidence of the liquidity of the
overall market for gold; and (2) stated that the Chicago Mercantile
Exchange Group (``CME Group'') and ICE Futures US (``ICE'') are
members of the Intermarket Surveillance Group (``ISG''). Amendment
No. 1 is available at: https://www.sec.gov/comments/sr-NYSEArca-2018-55/srnysearca201855-4348511-173281.pdf.
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II. The Description of the Proposed Rule Change, as Modified by
Amendment No. 1 \5\
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    \5\ A more detailed description of the Trust and the Shares, the
creation and redemption of Shares, the NAV, the availability of
information, among other things, is included in the Registration
Statement, infra note 6, and the Notice, supra note 3.
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    The Exchange proposes to list and trade the Shares under NYSE Arca
Equities Rule 8.201-E,\6\ which governs the listing and trading of
Commodity-Based Trust Shares on the Exchange.\7\ The Shares will
represent units of fractional undivided beneficial interest in and
ownership of the Trust. The investment objective of the Trust will be
for the Shares to reflect the performance of the price of gold, less
the expenses and liabilities of the Trust.
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    \6\ The Trust has filed a registration statement on Form S-1
under the Securities Act of 1933 (15 U.S.C. 77a), dated July 2, 2018
(File No. 333-226034) (``Registration Statement'').
    \7\ A ``Commodity-Based Trust Share'' is a security (a) that is
issued by a trust that holds a specified commodity deposited with
the trust; (b) that is issued by such trust in a specified aggregate
minimum number in return for a deposit of a quantity of the
underlying commodity; and (c) that, when aggregated in the same
specified minimum number, may be redeemed at a holder's request by
such trust which will deliver to the redeeming holder the quantity
of the underlying commodity. See NYSE Arca Equities Rule
8.201(c)(1).
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    The sponsor of the Trust is GraniteShares LLC (``Sponsor''). The
``Trustee'' is The Bank of New York Mellon and the ``Custodian'' is
ICBC Standard Bank Plc.

III. Discussion and Commission Findings

    After careful review, the Commission finds that the Exchange's
proposed rule change, as modified by Amendment No. 1, to list and trade
the Shares is consistent with the Act and the rules and regulations
thereunder applicable to a national securities exchange.\8\ In
particular, the Commission finds that the proposal, as modified by
Amendment No. 1, is consistent with Section 11A(a)(1)(C)(iii) of the
Act,\9\ which sets forth Congress' finding that it is in the public
interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations for and transactions in securities. The last-sale price for
the Shares will be disseminated over the Consolidated Tape. According
to the Exchange, there is a considerable amount of information about
gold and gold markets available on public websites and through
professional and subscription services. Investors may obtain gold
pricing information on a 24-hour basis based on the spot price for an
ounce of gold from various financial information service providers.\10\
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    \8\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \9\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \10\ The Exchange states that Reuters and Bloomberg, for
example, provide at no charge on their websites delayed information
regarding the spot price of Gold and last sale prices of gold
futures, as well as information about news and developments in the
gold market. Reuters and Bloomberg also offer a professional service
to subscribers for a fee that provides information on gold prices
directly from market participants. Complete real-time data for gold
futures and options prices traded on the COMEX are available by
subscription from Reuters and Bloomberg. There are a variety of
other public websites providing information on gold, ranging from
those specializing in precious metals to sites maintained by major
newspapers. In addition, the LBMA Gold Price is publicly available
at no charge at www.lbma.org.uk. See Notice, supra note 3, 83 FR at
39140.

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    Additionally, the Commission finds that the proposed rule change,
as modified by Amendment No. 1, is consistent with Section 6(b)(5) of
the Exchange Act,\11\ which requires, among other things, that the
Exchange's rules be designed to prevent fraudulent and manipulative
acts and practices, promote just and equitable principles of trade, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest. The Commission notes that the
Exchange has surveillance-sharing agreements with significant,
regulated markets for trading futures on gold. Specifically, according
to the Exchange: (1) The most significant gold futures exchange in the
U.S. is COMEX, a subsidiary of New York Mercantile Exchange, Inc., and
a subsidiary of the CME Group; (2) ICE also lists gold futures;\12\ and
(3) the CME Group and ICE are members of the ISG,\13\ which will allow
NYSE Arca to obtain surveillance information from COMEX and ICE. Both
COMEX and ICE are regulated by the U.S. Commodity Futures Trading
Commission (``CFTC'').\14\ The gold futures market is of significant
size and liquidity.\15\
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    \11\ 15 U.S.C. 78f(b)(5).
    \12\ See Notice, supra note 3, 83 FR at 39139.
    \13\ See Amendment No. 1, supra note 4.
    \14\ See Securities Exchange Act Release No. 82593 (January 26,
2018), 83 FR 4718, 4719 (February 1, 2018) (approving the listing
and trading of shares of the Perth Mint Physical Gold ETF).
    \15\ The Commission notes that it has approved the listing and
trading of other Commodity-Based Trust Shares overlying gold. See,
e.g., Securities Exchange Act Release No. 81918 (October 23, 2017),
82 FR 49884 (October 27, 2017) (SR-NYSEArca-2017-98); Securities
Exchange Act Release No. 71378 (January 23, 2014), 79 FR 71378
(January 29, 2014) (SR-NYSEArca-2013-137); and Securities Exchange
Act Release No. 70195 (August 14, 2013), 78 FR 51239 (August 20,
2013) (SR-NYSEArca-2013-61). See also Securities Exchange Act
Release No. 83723 (July 26, 2018), 83 FR 37579, 37594 (August 1,
2018) (SR-BatsBZX-2016-30) (disapproving the listing and trading of
shares of the Winklevoss Bitcoin Trust).
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    The Commission believes that the proposed rule change, as modified
by Amendment No. 1, is reasonably designed to promote fair disclosure
of information that may be necessary to price the Shares appropriately.
NYSE Arca Equities Rule 8.201-E(e)(2)(v) requires that an intraday
indicative value (``IIV,'' which is referred to in the rule as the
``Indicative Trust Value'') be calculated and disseminated at least
every 15 seconds. The IIV will be calculated based on the amount of
gold held by the Trust and a price of gold derived from updated bids
and offers indicative of the spot price of gold. The Exchange states
that the IIV relating to the Shares will be widely disseminated by one
or more major market data vendors at least every 15 seconds during the
Core Trading Session.\16\ The NAV of the Trust will be published by the
Sponsor on each day that the NYSE Arca is open for regular trading and
will be posted on the Trust's website.\17\ The Trust also will publish
the following information on their website: (1) The mid-point of the
bid-ask price as of the close of trading (``Bid/Ask Price''), and a
calculation of the premium or discount of such price against such NAV;
(2) data in chart format displaying the frequency distribution of
discounts and premiums of the Bid/Ask Price against the NAV, within
appropriate ranges, for each of the four previous calendar quarters;
(3) the Trust's prospectus, as well as the two most recent reports to
stockholders; and (4) the last-sale price of the Shares as traded in
the U.S. market.\18\ In addition, information regarding market price
and trading volume of the Shares will be continually available on a
real-time basis throughout the day on brokers' computer screens and
other electronic services. Information regarding the previous day's
closing price and trading volume information for the Shares will be
published daily in the financial section of newspapers.
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    \16\ See Notice, supra note 3, 83 FR at 39142.
    \17\ See id.
    \18\ See id. at 39140-41.
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    The Commission also believes that the proposal, as modified by
Amendment No. 1, is reasonably designed to prevent trading when a
reasonable degree of transparency cannot be assured. With respect to
trading halts, the Exchange may consider all relevant factors in
exercising its discretion to halt or suspend trading in the Shares.
Trading on the Exchange in the Shares may be halted because of market
conditions or for reasons that, in the view of the Exchange, make
trading in the Shares inadvisable. These may include: (1) The extent to
which conditions in the underlying gold market have caused disruptions
and/or lack of trading, or (2) whether other unusual conditions or
circumstances detrimental to the maintenance of a fair and orderly
market are present. In addition, trading in Shares will be subject to
trading halts caused by extraordinary market volatility pursuant to the
Exchange's ``circuit breaker'' rule.\19\ The Exchange will halt trading
in the Shares if the NAV of the Trust is not calculated or disseminated
daily.\20\ The Exchange may halt trading during the day in which an
interruption occurs to the dissemination of the IIV; if the
interruption to the dissemination of the IIV persists past the trading
day in which it occurs, the Exchange will halt trading no later than
the beginning of the trading day following the interruption.\21\
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    \19\ See id. at 39141.
    \20\ See id.
    \21\ See id.
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    Additionally, the Commission notes that market makers in the Shares
will be subject to the requirements of NYSE Arca Equities Rule 8.201-
E(g), which are designed to allow the Exchange to ensure that they do
not use their positions to violate the requirements of Exchange rules
or applicable federal securities laws.\22\
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    \22\ Commentary .04 of NYSE Arca Equities Rule 6.3 requires that
an ETP Holder acting as a registered market maker in the Shares, and
its affiliates, establish, maintain and enforce written policies and
procedures reasonably designed to prevent the misuse of any material
nonpublic information with respect to such products, any components
of the related products, any physical asset or commodity underlying
the product, applicable currencies, underlying indexes, related
futures or options on futures, and any related derivative
instruments.
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    In support of this proposal, the Exchange has made the following
additional representations:
    (1) The Shares will be listed and traded on the Exchange pursuant
to the initial and continued listing criteria in NYSE Arca Equities
Rule 8.201-E.\23\
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    \23\ See id. at 39142.
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    (2) The Exchange has appropriate rules to facilitate transactions
in the Shares during all trading sessions.\24\
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    \24\ See id. at 39141.
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    (3) The Exchange deems the Shares to be equity securities.\25\
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    \25\ See id. The Commission notes that, as a result, trading of
the Shares will be subject to the Exchange's existing rules
governing the trading of equity securities.
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    (4) The Exchange also has a general policy prohibiting the
distribution of material, non-public information by its employees.\26\
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    \26\ See id. at 39141-42.
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    (5) Trading in the Shares will be subject to the existing trading
surveillances administered by the Exchange, as well as cross-market
surveillances administered by the Financial Industry Regulatory
Authority (``FINRA'') on behalf of the Exchange, which are designed to
detect violations of Exchange rules and applicable federal securities
laws, and that these

procedures are adequate to properly monitor Exchange trading of the
Shares in all trading sessions and to deter and detect violations of
Exchange rules and federal securities laws applicable to trading on the
Exchange.\27\
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    \27\ See id. at 39141. FINRA conducts cross-market surveillances
on behalf of the Exchange pursuant to a regulatory services
agreement. The Exchange is responsible for FINRA's performance under
this regulatory services agreement. See id. at 39141, n.28.
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    (6) The Exchange or FINRA, on behalf of the Exchange, or both, will
communicate as needed regarding trading in the Shares with other
markets and other entities that are members of the ISG, and the
Exchange or FINRA, on behalf of the Exchange, or both, may obtain
trading information regarding trading in the Shares from such markets
and other entities. In addition, the Exchange may obtain information
regarding trading in the Shares from markets and other entities that
are members of ISG or with which the Exchange has in place a
comprehensive surveillance sharing agreement.\28\
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    \28\ See id. at 39141.
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    (7) Prior to the commencement of trading, the Exchange will inform
its ETP Holders in an Information Bulletin of the special
characteristics and risks associated with trading the Shares.
Specifically, the Information Bulletin will discuss the following: (1)
The procedures for purchases and redemptions of Shares in Baskets
(including noting that Shares are not individually redeemable); (2)
NYSE Arca Rule 9.2-E(a), which imposes a duty of due diligence on its
ETP Holders to learn the essential facts relating to every customer
prior to trading the Shares; (3) how information regarding the IIV is
disseminated; (4) the requirement that ETP Holders deliver a prospectus
to investors purchasing newly issued Shares prior to or concurrently
with the confirmation of a transaction; (5) the possibility that
trading spreads and the resulting premium or discount on the Shares may
widen as a result of reduced liquidity of gold trading during the Core
and Late Trading Sessions after the close of the major world gold
markets; and (6) trading information.\29\
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    \29\ See id. at 39142.
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    (8) All statements and representations made in this filing
regarding (a) the description of the portfolio, (b) limitations on
portfolio holdings or reference assets, or (c) the applicability of
Exchange listing rules specified in this rule filing shall constitute
continued listing requirements for listing the Shares on the
Exchange.\30\
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    \30\ See id. See also NYSE Arca Rule 8.201-E(e)(2)(vii).
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    (9) The issuer has represented to the Exchange that it will advise
the Exchange of any failure by the Trust to comply with the continued
listing requirements, and, pursuant to its obligations under Section
19(g)(1) of the Act, the Exchange will monitor for compliance with the
continued listing requirements. If the Trust is not in compliance with
the applicable listing requirements, the Exchange will commence
delisting procedures under NYSE Arca Rule 5.5-E(m).\31\
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    \31\ See Notice, supra note 3, at 39142.
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    This approval order is based on all of the Exchange's
representations--including those set forth above, in the Notice, and in
Amendment No. 1--and the Exchange's description of the Trust.
    For the foregoing reasons, the Commission finds that the proposed
rule change, as modified by Amendment No. 1, is consistent with
Sections 6(b)(5) and 11A(a)(1)(C)(iii) of the Act \32\ and the rules
and regulations thereunder applicable to a national securities
exchange.
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    \32\ 15 U.S.C. 78f(b)(5) and 15 U.S.C. 78k-1(a)(1)(C)(iii),
respectively.
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IV. Solicitation of Comments on Amendment No. 1 to the Proposed Rule
Change

    Interested persons are invited to submit written data, views, and
arguments concerning Amendment No. 1 to the proposed rule change.
Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NYSEArca-2018-55 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2018-55. 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 this filing will also be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEArca-2018-55 and should be submitted
on or before October 18, 2018.

V. Accelerated Approval of Proposed Rule Change, as Modified by
Amendment No. 1

    The Commission finds good cause to approve the proposed rule
change, as modified by Amendment No. 1, prior to the 30th day after the
date of publication of notice of Amendment No. 1 in the Federal
Register. Amendment No. 1 supplements the proposal by providing
additional information regarding regulation of the gold futures market.
This information assisted the Commission in evaluating the Shares'
susceptibility to manipulation. Accordingly, the Commission finds good
cause, pursuant to Section 19(b)(2) of the Exchange Act,\33\ to approve
the proposed rule change, as modified by Amendment No. 1, on an
accelerated basis.
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    \33\ 15 U.S.C. 78s(b)(2).
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VI. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Exchange Act,\34\ that the proposed rule change (SR-NYSEArca-2018-55),
as modified by Amendment No. 1 be, and it hereby is, approved.
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    \34\ 15 U.S.C. 78s(b)(2).

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    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\35\
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    \35\ 17 CFR 200.30-3(a)(12).

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-20998 Filed 9-26-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 24 (Wednesday, February 5, 2014)]
[Rules and Regulations]
[Pages 6826-6833]
[FR Doc No: 2014-02210]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2011-0668; FRL-9388-7]

Cyantraniliprole; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of
cyantraniliprole in or on multiple commodities that are identified and
discussed later in this document. E.I. du Pont de Nemours & Company
(DuPont) requested these tolerances under the Federal Food, Drug, and
Cosmetic Act (FFDCA).

DATES: This regulation is effective February 5, 2014. Objections and
requests for hearings must be received on or before April 7, 2014, 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: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2011-0668, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution
Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPP Docket is (703) 305-
5805. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

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

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Government
Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, 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-2011-0668 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
April 7, 2014. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b).
    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 (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2011-0668, by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of May 23, 2012 (77 FR 30481) (FRL-9347-8),
EPA issued a document pursuant to FFDCA section 408(d)(3), 21 U.S.C.
346a(d)(3), announcing the filing of a pesticide petition (PP 1F7894)
by E.I. du Pont de Nemours & Company (DuPont), 1007 Market St.,
Wilmington, DE 19898. The petition requested that 40 CFR part 180 be
amended by establishing tolerances for residues of the insecticide
cyantraniliprole, 3-bromo-1-(3-chloro-2-pyridinyl)-N-[4-cyano-2-methyl-
6-[(methylamino)carbonyl]phenyl]-1H-pyrazole-5-carboxamide, including
its metabolites and degradates, in or on almond hulls at 30 parts per
million (ppm); berries and small fruits, bushberries (subgroup 13-07B)
at 4 ppm; Brassica (cole) leafy vegetables, head and stem Brassica
(subgroup 5A) at 2 ppm; Brassica (cole) leafy vegetables, leafy
Brassica greens (subgroup 5B) at 30 ppm; bulb vegetables, onion, bulb
(subgroup 3-07A) at 0.04 ppm; bulb vegetables, onion, green (subgroup
3-07B) at 8 ppm; cattle, fat at 0.01 ppm; cattle, liver at 0.04 ppm;
cattle, meat at 0.01 ppm; cattle, meat byproducts, except liver at 0.01
ppm; cherries at 6 ppm; citrus fruits (group 10-10) at 0.7 ppm; cotton
gin byproduct at 10 ppm; cucurbit vegetables (group 9) at 0.3 ppm;
fruiting vegetables (group 8-10) at 2 ppm; goat, fat at 0.01 ppm; goat,
liver at 0.04 ppm; goat, meat at 0.01 ppm; goat, meat byproducts,
except liver at 0.01 ppm; hog, fat at 0.01 ppm; hog, liver at 0.04 ppm;
hog, meat at 0.01 ppm; hog, meat byproducts, except liver at 0.01 ppm;
horse, fat at 0.01 ppm; horse, liver at 0.04 ppm; horse, meat at 0.01
ppm; horse, meat byproducts, except liver at 0.01 ppm; leafy vegetables
(except Brassica vegetables) (group 4) at 15 ppm; milk at 0.01 ppm;
milk, fat at 0.04 ppm; oilseeds, except cotton gin byproduct (group 20)
at 1 ppm; pome fruits (group 11-10) at 0.8 ppm; root and tuber
vegetables, tuberous and corm vegetables (subgroup 1C) at 0.15 ppm;
sheep, fat at 0.01 ppm; sheep, liver at 0.04 ppm; sheep, meat at 0.01
ppm; sheep, meat byproducts, except liver at 0.01 ppm; stone fruits,
except cherries (group 12) at 1.5 ppm; tree nuts, except almond hulls
(group 14) at 0.06 ppm; citrus, oil at 6 ppm; citrus, raw peel at 2
ppm; and potato, wet peel at 0.3 ppm.
    In addition, DuPont requested to amend 40 CFR part 180 to establish
indirect or inadvertent tolerances for residues of cyantraniliprole, 3-
bromo-1-(3-chloro-2-pyridinyl)-N-[4-cyano-2-methyl-6-
[(methylamino)carbonyl]phenyl]-1H-pyrazole-5-carboxamide, including its
metabolites and degradates, in or on the following commodities: Foliage
of legume vegetables (group 7), forage at 0.15 ppm; foliage of legume
vegetables (group 7), hay at 0.6 ppm; forage, fodder and straw of
cereal grains (group 16), forage at 0.06 ppm; forage, fodder and straw
of cereal grains (group 16), hay and straw at 0.15 ppm; grass forage,
fodder, and hay (group 17), forage at 0.06 ppm; grass forage, fodder,
and hay (group 17), hay at 0.15 ppm; leaves of root and tuber
vegetables (human food or animal feed) (group 2) at 0.04 ppm; nongrass
animal feeds (forage, fodder, straw, and hay) (group 18), forage at
0.06 ppm; nongrass animal feeds (forage, fodder, straw, and hay) (group
18), hay at 0.15 ppm; peanut hay at 0.03 ppm; root and tuber
vegetables, root vegetables (subgroup 1A) at 0.03 ppm.
    That document referenced a summary of the petition prepared by
DuPont, the registrant, which is available in the docket, http://www.regulations.gov.
    Based upon review of the data supporting the petition, EPA is
establishing several tolerances that vary from levels requested in the
original petition. The reasons for these changes are explained in Unit
IV.D.

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 FFDCA section 408(b)(2)(D), and the factors
specified in FFDCA section 408(b)(2)(D), 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 cyantraniliprole including
exposure resulting from the tolerances established by this action.
EPA's assessment of exposures and risks associated with
cyantraniliprole 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. Cyantraniliprole is a 2-generation ryanodine receptor (RyR)
insecticide belonging to the diamide class of chemistry whose
pesticidal mode of action (MOA) is through unregulated activation of
insect RyR channels. This leads to internal calcium store depletion and
impaired regulation of muscle contraction, causing paralysis and
eventual death of the insect. Mammalian RyR are shown to be 350 to
>2,500 times less sensitive than those of insects. In general,
cyantraniliprole administration in mammals produces both adverse and
adaptive changes in the liver, thyroid gland, and adrenal cortex. With
repeated dosing, consistent findings of mild to moderate increases in
liver weights across multiple species (rats, mice, and dogs) are
observed. Dogs appear to be more sensitive than rats and mice;
cyantraniliprole produces adverse liver effects (increases in alkaline
phosphatase, decreases in cholesterol, and decreases in albumin) in
dogs at lower dose levels than in rats. In addition, the liver effects
in the dog show progressive severity with increased duration of
exposure. The available data also show thyroid hormone homeostasis is
altered in rats following exposure to cyantraniliprole after 90 days
due to enhanced metabolism of the thyroid hormones by the liver.
However, cyantraniliprole does not act directly on the thyroid; the
thyroid effects observed are only as a result of the adverse effects on
the liver. Cyantraniliprole is classified as ``Not Likely to be
Carcinogenic to Humans'' based on the absence of increased tumor
incidence in acceptable/guideline carcinogenicity studies in rats and
mice. In addition, there are no genotoxicity, mutagenicity,
neurotoxicity, or immunotoxicity concerns. There are also no
developmental or reproductive toxicity concerns. There is no evidence
of an adverse effect attributable to a single dose. Specific
information on the studies received and the nature of the adverse
effects caused by cyantraniliprole 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 the document ``Cyantraniliprole. Aggregate Human
Health Risk Assessment for the Proposed New Uses of the New Active
Insecticide (March 7, 2013)'' at p.16 in docket ID number EPA-HQ-OPP-
2011-0668.

B. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA
identifies toxicological points of departure (POD) and levels of
concern (LOC) to use in evaluating the risk posed by human exposure to
the pesticide. For hazards that have a threshold below which there is
no appreciable risk, the toxicological POD is used as the basis for
derivation of reference values for risk assessment. PODs are developed
based on a careful analysis of the doses in each toxicological study to
determine the dose at which no adverse effects are observed (the NOAEL)
and the lowest dose at which adverse effects of concern are identified
(the LOAEL). Uncertainty/safety factors are used in conjunction with
the POD to calculate a safe exposure level--generally referred to as a
population-adjusted dose (PAD) or a reference dose (RfD)--and a safe
margin of exposure (MOE). 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 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 and points of departure
for cyantraniliprole used for human risk assessment is shown in Table 1
of this unit.

     Table 1--Summary of Toxicological Doses and Endpoints for Cyantraniliprole for Use in Human Health Risk
                                                   Assessment
----------------------------------------------------------------------------------------------------------------
                                   POD and  uncertainty/  RfD, PAD, LOC for
        Exposure/scenario              safety factors      risk assessment      Study and toxicological effects
----------------------------------------------------------------------------------------------------------------
Acute dietary (general             An effect attributed to a single dose was not identified in the toxicology
 population, including infants      database.
 and children and females 13-49
 years of age).
----------------------------------------------------------------------------------------------------------------
Chronic dietary (All populations)  NOAEL = 1 mg/kg/day.  Chronic RfD = 0.01   Based on 1-year oral study in
                                   UFA = 10x...........   mg/kg/day.           dogs.
                                   UFH = 10x...........  cPAD = 0.01 mg/kg/   LOAEL = 6 mg/kg/day based on
                                   FQPA SF = 1x........   day..                effects indicative of liver
                                                                               toxicity (increased liver weights
                                                                               and alkaline phosphatase
                                                                               activity), and significant
                                                                               decreases in albumin level.
----------------------------------------------------------------------------------------------------------------

Incidental oral short-term (1 to   NOAEL = 3 mg/kg/day.  LOC for MOE = 100..  Based on both 28-day and 90-day
 30 days) and incidental oral      UFA = 10x...........                        oral study in dogs.
 intermediate-term (1 to 6         UFH = 10x...........                       28-Day LOAEL = 35 mg/kg/day
 months).                          FQPA SF = 1x........                        (lowest dose tested) based on
                                                                               decreases in body weight, food
                                                                               consumption, food efficiency, and
                                                                               changes in clinical chemistry
                                                                               (increased alkaline phosphatase,
                                                                               decreased cholesterol and
                                                                               decreased albumin).
                                                                              90-Day LOAEL = 32 mg/kg/day based
                                                                               on a collection of treatment-
                                                                               related effects indicative of
                                                                               liver toxicity. The effects
                                                                               included decreases in total
                                                                               protein, albumin, and cholesterol
                                                                               in males and females; increases
                                                                               in alkaline phosphatase in males
                                                                               and females; increases in alanine
                                                                               aminotransferase in females; and
                                                                               increases in liver weights in
                                                                               males and females.
----------------------------------------------------------------------------------------------------------------
Dermal short-term (1 to 30 days).  A toxicity endpoint was not identified.
                                   Systemic toxicity was not seen in 28-day dermal toxicity in rats at the limit
                                    dose (1,000 mg/kg/day). There are no concerns for developmental or
                                    reproductive toxicity or neurotoxicity.
----------------------------------------------------------------------------------------------------------------
Inhalation short-term (1 to 30     Inhalation study      LOC for MOE = 30...  Based on 28-day inhalation
 days).                             NOAEL = 0.1 mg/kg/                         toxicity study in rats.
                                    day.                                      A LOAEL was not established
                                   UFA = 3x.\a\........                        because the highest concentration
                                   UFH = 10x...........                        tested (0.1 mg/L) did not
                                   FQPA SF = 1x........                        demonstrate any adverse portal of
                                   HEC = 0.05 mg/L.....                        entry or systemic effects.
                                   HED = 7.2 mg/kg/day.
----------------------------------------------------------------------------------------------------------------
Cancer (oral, dermal, inhalation)  Classification: ``Not likely to be Carcinogenic to Humans'' based on data
                                    showing lack of treatment-related increase in tumor incidence in the rat and
                                    mouse carcinogenicity studies. Mutagenic concern was not reported in the
                                    mutagenicity studies.
----------------------------------------------------------------------------------------------------------------
FQPA SF = Food Quality Protection Act Safety Factor. HEC = human equivalent concentration. HED = human
  equivalent dose. LOAEL = lowest observed adverse effect level. LOC = level of concern. mg/kg/day = milligram/
  kilogram/day.
mg/L = milligram/Liter. MOE = margin of exposure. NOAEL = no observed adverse effect level. PAD = population-
  adjusted dose. POD = point of departure. RfD = reference dose. UF = uncertainty factor. UFA = extrapolation
  from animal to human (interspecies). UFH = potential variation in sensitivity among members of the human
  population (intraspecies).
\a\ The magnitude of the UFs applied is dependent on the methodology used to calculate risk. The reference
  concentration (RfC) methodology takes into consideration the pharmacokinetic (PK) differences, but not the
  pharmacodynamic (PD) differences. Consequently, the UF for interspecies extrapolation may be reduced to 3x (to
  account for the PD differences).

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to cyantraniliprole, EPA considered exposure under the
petitioned-for tolerances. EPA assessed dietary exposures from
cyantraniliprole 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 cyantraniliprole;
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 2003-2008 food
consumption data from the U.S. Department of Agriculture's (USDA's)
National Health and Nutrition Examination Survey, What We Eat in
America, (NHANES/WWEIA). As to residue levels in food, EPA conducted a
somewhat refined chronic (food and drinking water) dietary assessment
assuming average field trial residues for all crops (except crop
subgroup 1A which used tolerance levels). Tolerance-level residues were
used to cover residues in all livestock commodities except liver and
meat byproducts for which higher anticipated residue calculations were
used. For processed commodities, input values included combined average
residues of parent and the metabolite with relevant processing factors.
It was assumed that 100% crop treated (PCT) for all crops.
    iii. Cancer. Based on the data summarized in Unit III.A., EPA has
concluded that cyantraniliprole does not pose a cancer risk to humans.
Therefore, a dietary exposure assessment for the purpose of assessing
cancer risk is unnecessary.
    iv. Anticipated residue information. Section 408(b)(2)(E) of FFDCA
authorizes EPA to use available data and information on the anticipated
residue levels of pesticide residues in food and the actual levels of
pesticide residues that have been measured in food. If EPA relies on
such information, EPA must require pursuant to FFDCA section 408(f)(1)
that data be provided 5 years after the tolerance is established,
modified, or left in effect, demonstrating that the levels in food are
not above the levels anticipated. For the present action, EPA will
issue such data call-ins as are required by FFDCA section 408(b)(2)(E)
and authorized under FFDCA section 408(f)(1). Data will be required to
be submitted no later than 5 years from the date of issuance of these
tolerances.
    2. Dietary exposure from drinking water. The Agency used screening
level water exposure models in the dietary exposure analysis and risk
assessment for cyantraniliprole in drinking water. These simulation
models take into account data on the physical, chemical,

and fate/transport characteristics of cyantraniliprole. 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.
    Based on the First Index Reservoir Screening Tool (FIRST) and
Screening Concentration in Ground Water (SCI-GROW) models, the
estimated drinking water concentrations (EDWCs) of cyantraniliprole for
acute exposures are estimated to be 43.14 parts per billion (ppb) for
surface water and 6.33 ppb for ground water. For chronic exposures for
non-cancer assessments EDWCs are also estimated to be 24.45 ppb for
surface water and 6.33 for ground water.
    Modeled estimates of drinking water concentrations were directly
entered into the dietary exposure model. An acute dietary risk
assessment was not conducted since no acute toxicological effects were
found. For chronic dietary risk assessment, the water concentration of
value 24.45 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). Cyantraniliprole is
proposed for use on the following sites that could result in
residential exposures: indoor crack/crevice application, turfgrass,
golf courses, and ornamentals including both outdoors and in interior
plantscapes. EPA assessed residential exposure using the following
assumptions: Residential exposure may occur by the dermal, oral, and
inhalation routes of exposures. However, since dermal hazard has not
been identified for cyantraniliprole, the only exposures of concern are
handler inhalation (for adults), and post-application incidental oral
(for children). Residential handler exposure is expected to be short-
term in duration. The turf and ornamental labels indicate that a
maximum of two applications are allowed per season. Thus, intermediate-
term exposures are not likely because of the intermittent nature of
applications by homeowners. Post-application incidental oral exposures
for children may occur for short- and intermediate-term durations due
to the persistence of cyantraniliprole. Further information regarding
EPA standard assumptions and generic inputs for residential exposures
may be found at http://www.epa.gov/opp00001/science/residential-exposure-sop.html.
    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 found
cyantraniliprole to share a common mechanism of toxicity with any other
substances, and cyantraniliprole does not appear to produce a toxic
metabolite produced by other substances. For the purposes of this
tolerance action, therefore, EPA has assumed that cyantraniliprole does
not have 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 Web site 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 Food Quality
Protection Act Safety Factor (FQPA SF). In applying this provision, EPA
either retains the default value of 10x, or uses a different additional
SF when reliable data available to EPA support the choice of a
different factor.
    2. Prenatal and postnatal sensitivity. There is no evidence of
susceptibility in developmental toxicity studies in rats and rabbits.
The developmental toxicity study in rats is tested up to the limit dose
(1,000 mg/kg/day). In the rabbit developmental toxicity study decrease
in fetal body weight is seen at a dose higher than that resulting in
maternal effects. In the reproductive toxicity study, increased
incidence of thyroid follicular epithelium hypertrophy/hyperplasia
occurs in F1 parental animals (offspring of P0
generation) at 14 mg/kg/day which is lower than that for the parental
(P0) generation (110 mg/kg/day). A clear NOAEL (1.4 mg/kg/
day) is established for F1 parental animals, and the PODs
selected for risk assessment from the dog studies (1 or 3 mg/kg/day)
are protective of the effect (thyroid effect) seen in the F1
parental animals. In addition, the submitted data support the
conclusion that the effects on the thyroid are secondary to effects on
the liver.
    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 1. That decision is based on the following
findings:
    i. The toxicity database for cyantraniliprole is complete.
    ii. There is no indication that cyantraniliprole is a neurotoxic
chemical and there is no need for a developmental neurotoxicity study
or additional UFs to account for neurotoxicity.
    iii. As discussed in Unit III.D.2., there is no evidence that
cyantraniliprole results in increased susceptibility in in utero rats
or rabbits in the prenatal developmental studies.
    iv. There are no residual uncertainties identified in the exposure
databases. The dietary food exposure assessments were performed based
on 100 PCT and average field trial residues. The field trial data were
validated against the appropriate guideline criteria and found
acceptable. The field trial data reflect the maximum residues that are
likely to occur on food commodities when cyantraniliprole is used
according to label directions at the maximum allowed application rate
and minimum allowed interval from treatment to harvest. These are farm
gate residues and do not reflect decreases in residues that may occur
during transport and storage prior to consumption. No corrections were
made for the percentage of crops treated, that is, it was assumed that
100% of all crops for which there is a cyantraniliprole tolerance will
be treated. Therefore, the data are considered unlikely to
underestimate actual dietary exposure to cyantraniliprole. EPA made
conservative (protective) assumptions in the ground and surface water
modeling used to assess exposure to cyantraniliprole in drinking water.
In addition, the residential exposure assessment is based on the
updated 2012 Residential Standard Operating Procedures (SOPs) employing
surrogate study data, including conservative exposure assumptions based
on day 0 dermal/oral contact to turf and surfaces treated at the
maximum application rate. These data are reliable and are not expected
to underestimate risks to adults or children. The Residential SOPs are
based upon reasonable ``worst-case'' assumptions are not expected to
underestimate risk.

E. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic dietary pesticide
exposures are safe by comparing aggregate exposure estimates to the
acute PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA
calculates the lifetime probability of acquiring cancer given the
estimated aggregate exposure. Short-, intermediate-, and chronic-term
risks are evaluated by comparing the estimated aggregate food, water,
and residential exposure to the appropriate PODs to ensure that an
adequate MOE exists.
    1. Acute risk. An acute aggregate risk assessment takes into
account acute exposure estimates from 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,
cyantraniliprole 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
cyantraniliprole from food and water will utilize 50% of the cPAD for
children 1-2 years old (the population group receiving the greatest
exposure) and 22% of the general U.S. population.
    3. Short-term risk. Short-term aggregate exposure takes into
account short-term residential exposure plus chronic exposure to food
and water (considered to be a background exposure level).
Cyantraniliprole is proposed for uses that could result in short-term
residential exposure, and the Agency has determined that it is
appropriate to aggregate chronic exposure through food and water with
short-term residential exposures to cyantraniliprole. Residential
exposure estimates of all possible scenarios are not of concern. Short-
term inhalation MOEs range from 22,000 to 220,000,000. Furthermore,
these calculated risk estimates are highly conservative because the
inhalation exposure POD is based on an exposure duration of 24 hours
per day.
    Using the exposure assumptions described in this unit for short-
term exposures, EPA has concluded the combined short-term food, water,
and residential exposures result in aggregate MOEs of 290 for children
1-2 years old (the population group receiving the greatest exposure)
and 22,000 for adults. Because EPA's LOC for cyantraniliprole is a MOE
of 100 or below, these MOEs are not of concern.
    4. Intermediate-term risk. Intermediate-term aggregate exposure
takes into account intermediate-term residential exposure plus chronic
exposure to food and water (considered to be a background exposure
level). For adults, intermediate-term exposure is not expected for the
residential exposure pathway. Therefore, the intermediate-term
aggregate risk would be equivalent to the chronic dietary exposure
estimate. For children 1 to <2 years old, the short-term aggregate risk
is protective of the intermediate-term duration.
    5. Aggregate cancer risk for U.S. population. Based on the lack of
evidence of carcinogenicity in two adequate rodent carcinogenicity
studies, cyantraniliprole is not expected to pose a cancer risk to
humans.
    6. 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 cyantraniliprole residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate residue analytical method data have been submitted.
Validation data have been provided for the proposed enforcement
methods. Methods for measuring cyantraniliprole include the European
Union (EU) multi-residue method DFG S19 (LC/MS/MS module, Dupont-21328)
and the North American Free Trade Association (NAFTA) LC/MS/MS 1187 and
1552 methods. These methods utilize two mass ion transitions so
confirmatory methods are not required. EU Method DFG S19 has been
independently validated with a limit of quantification (LOQ) of 0.01
ppm for parent cyantraniliprole in cereals and dry products, matrices
with high water content, acidic matrices, and fatty products. NAFTA
method 1187 has been independently validated with an LOQ of 0.01 ppm
for parent cyantraniliprole in almonds, onions, tomato paste, and sun
dried tomatoes. NAFTA method 1552 has been independently validated with
an LOQ of 0.01 ppm for parent cyantraniliprole in milk, muscle, and
kidney. Note that cyantraniliprole is not recovered using the Food and
Drug Administration (FDA) multi-residue methods.

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level. Currently there are no
Codex MRLs for cyantraniliprole.

C. Response to Comments

    The Agency did not receive any public comments on the May 23, 2012
Federal Register Notice of Filing.

D. Revisions to Petitioned-For Tolerances

    Based on the residue data provided and using the Organization of
Economic Cooperation and Development (OECD) statistical calculation
procedures, EPA is revising the tolerance levels for the following
plant commodities: Almond hulls; Brassica head and stem vegetables
(subgroup 5A); fruit, pome (group 11-10); fruit, stone; nut, tree
(group 14-12); oilseed (group 20); vegetable, cucurbit (group 9); and
vegetable, leafy (except Brassica) (group 4).
    The proposed tolerance for citrus oil was lowered from 4 ppm to 2.4
ppm, consistent with the results from application of the median
processing factor to the highest average field trials (HAFT) for
oranges. EPA is not establishing tolerances for the processed
commodities citrus raw peel and potato wet peel. The processing studies
do not show a concentration of residue in these commodities relative to
the raw agricultural commodities (RAC); therefore, the tolerances on
RAC are sufficient to cover residues in these processed commodities.
    EPA is not establishing separate tolerances for liver of cattle,
goat, horse, and sheep; hog fat, liver, meat, and meat byproducts; and
milk fat. The livestock commodity tolerances are derived from
consideration of the maximum reasonably balanced livestock diets and
the livestock feeding studies. A tolerance value of 0.01 ppm is
appropriate for liver (of cattle, goat, horse, and sheep), which is
covered by the meat byproducts tolerance. The dietary exposures of hogs
and poultry do not indicate a need for tolerances (residues are not
anticipated), and there is no indication of significant

concentration of cyantraniliprole in milk fat relative to milk.
    With the exception of the proposed tolerance for leaves of root and
tuber vegetables, EPA is revising all of the proposed tolerances for
inadvertent residues (with a plantback interval (PBI) of 30 days) based
on available residue data and use of the OECD statistical calculation
procedures. For some crop groups, more than one tolerance was proposed
for various components of the group (e.g., crop group 16 which includes
forage, fodder, and straw of cereal grains); however, only one
tolerance is possible per group, and the tolerance is based on the
member commodity with the highest residue levels.
    EPA issued a final rule in the Federal Register of August 22, 2012
(77 FR 50617) (FRL-9354-3) that revised some crop grouping regulations.
As part of that action, EPA expanded and revised the previously
existing tree nut crop group 14. Changes to crop group 14 included
adding pistachios plus a number of other nuts, revising the taxonomic
names for several commodities, and naming the new crop group tree nut
group 14-12. The representative commodities remain the same as previous
almond and pecan. That final rule became effective on October 22, 2012.
EPA indicated in the August 22, 2012 final rule as well as the earlier
proposed rule published in the Federal Register of November 9, 2011 (76
FR 69693) (FRL-8887-8) 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 has
assessed and is establishing a tolerance for cyantraniliprole on tree
nuts crop group 14-12.

 V. Conclusion

    Therefore, tolerances are established for residues of
cyantraniliprole, 3-bromo-1-(3-chloro-2-pyridinyl)-N-[4-cyano-2-methyl-
6-[(methylamino)carbonyl]phenyl]-1H-pyrazole-5-carboxamide, including
its metabolites and degradates, in or on almond, hulls at 8.0 ppm;
Brassica head and stem (subgroup 5A) at 3.0 ppm; Brassica leafy
vegetables (subgroup 5B) at 30 ppm; bushberry (subgroup 13-07B) at 4.0
ppm; cattle, fat at 0.01 ppm; cattle, meat at 0.01 ppm; cattle, meat
byproducts at 0.01 ppm; cherry (subgroup 12-12A) at 6.0 ppm; citrus,
oil at 2.4 ppm; cotton, gin byproducts at 10 ppm; fruit, citrus (group
10-10) at 0.70 ppm; fruit, pome (group 11-10) at 1.5 ppm; goat, fat at
0.01 ppm; goat, meat at 0.01 ppm; goat, meat byproducts at 0.01 ppm;
horse, fat at 0.01 ppm; horse, meat at 0.01 ppm; horse, meat byproducts
at 0.01 ppm; milk at 0.01 ppm; nut, tree (group 14-12) at 0.04 ppm;
oilseed (group 20) at 1.5 ppm; onion, bulb (subgroup 3-07A) at 0.04
ppm; onion, green (subgroup 3-07B) at 8.0 ppm; peach (subgroup 12-12B)
at 1.5 ppm; plum (subgroup 12-12C) at 0.50 ppm; sheep, fat at 0.01 ppm;
sheep, meat at 0.01 ppm; sheep, meat byproducts at 0.01 ppm; vegetable,
cucurbit (group 9) at 0.40 ppm; vegetable, fruiting (group 8-10) at 2.0
ppm; vegetable, leafy (except Brassica) (group 4) at 20 ppm; vegetable,
tuberous and corm (subgroup 1C) at 0.15 ppm. In addition, indirect or
inadvertent tolerances for cyantraniliprole, 3-bromo-1-(3-chloro-2-
pyridinyl)-N-[4-cyano-2-methyl-6-[(methylamino)carbonyl]phenyl]-1H-
pyrazole-5-carboxamide), including its metabolites and degradates, in
or on the following commodities: Animal feed, nongrass (group 18) at
0.20 ppm; grain, cereal, forage, fodder and straw (group 16) at 0.50
ppm; grass forage, fodder and hay (group 17) at 0.50 ppm; peanut, hay
at 0.01 ppm; vegetable, foliage of legume (group 7) at 0.70 ppm;
vegetable, leaves of root and tuber vegetables (group 2) at 0.04 ppm;
vegetable, root (subgroup 1A) at 0.02 ppm.

VI. Statutory and Executive Order Reviews

    This final rule establishes tolerances under FFDCA section 408(d)
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, entitled ``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 FFDCA section 408(d), 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 FFDCA section 408(n)(4). 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) (2 U.S.C. 1501 et seq.).
    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) (15 U.S.C. 272 note).

VII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
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
the rule in the Federal Register. This action 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: January 24, 2014.
Steven Bradbury,
Director, Office of Pesticide Programs.
    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. Add new Sec.  180.672 to subpart C to read as follows:

Sec.  180.672  Cyantraniliprole; tolerances for residues.

    (a) General. Tolerances are established for the combined residues
of the insecticide cyantraniliprole, 3-bromo-1-(3-chloro-2-pyridinyl)-
N-[4-cyano-2-methyl-6-[(methylamino)carbonyl]phenyl]-1H-pyrazole-5-
carboxamide, including its metabolites and degradates, in or on
commodities in the following table. Compliance with the tolerance
levels specified in the following table is to be determined by
measuring only cyantraniliprole in or on the commodity.

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Almond, hulls..............................................          8.0
Brassica head and stem (subgroup 5A).......................          3.0
Brassica leafy vegetables (subgroup 5B)....................           30
Bushberry (subgroup 13-07B)................................          4.0
Cattle, fat................................................         0.01
Cattle, meat...............................................         0.01
Cattle, meat byproducts....................................         0.01
Cherry (subgroup 12-12A)...................................          6.0
Citrus, oil................................................          2.4
Cotton, gin byproducts.....................................           10
Fruit, citrus (group 10-10)................................         0.70
Fruit, pome (group 11-10)..................................          1.5
Goat, fat..................................................         0.01
Goat, meat.................................................         0.01
Goat, meat byproducts......................................         0.01
Horse, fat.................................................         0.01
Horse, meat................................................         0.01
Horse, meat byproducts.....................................         0.01
Milk.......................................................         0.01
Nut, tree (group 14-12)....................................         0.04
Oilseed (group 20).........................................          1.5
Onion, bulb (subgroup 3-07A)...............................         0.04
Onion, green (subgroup 3-07B)..............................          8.0
Peach (subgroup 12-12B)....................................          1.5
Plum (subgroup 12-12C).....................................         0.50
Sheep, fat.................................................         0.01
Sheep, meat................................................         0.01
Sheep, meat byproducts.....................................         0.01
Vegetable, cucurbit (group 9)..............................         0.40
Vegetable, fruiting (group 8-10)...........................          2.0
Vegetable, leafy (except Brassica) (group 4)...............           20
Vegetable, tuberous and corm (subgroup 1C).................         0.15
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. Tolerances are established
for indirect or inadvertent tolerances for residues of
cyantraniliprole, 3-bromo-1-(3-chloro-2-pyridinyl)-N-[4-cyano-2-methyl-
6-[(methylamino)carbonyl]phenyl]-1H-pyrazole-5-carboxamide, including
its metabolites and degradates, in or on commodities in the following
table. Compliance with the tolerance levels specified in the following
table is to be determined by measuring only cyantraniliprole in or on
the commodity.

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Animal feed, nongrass (group 18)...........................         0.20
Grain, cereal, forage, fodder and straw (group 16).........         0.50
Grass forage, fodder and hay (group 17)....................         0.50
Peanut, hay................................................         0.01
Vegetable, foliage of legume (group 7).....................         0.70
Vegetable, leaves of root and tuber vegetables (group 2)...         0.04
Vegetable, root (subgroup 1A)..............................         0.02
------------------------------------------------------------------------

[FR Doc. 2014-02210 Filed 2-4-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 102 (Thursday, May 28, 2015)]
[Notices]
[Pages 30503-30505]
[FR Doc No: 2015-12831]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75025; File No. SR-CFE-2015-004]

Self-Regulatory Organizations; CBOE Futures Exchange, LLC; Notice
of Filing of a Proposed Rule Change Regarding Audit Trail Retention
Requirements

May 21, 2015.
    Pursuant to Section 19(b)(7) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on May 8, 2015 CBOE Futures
Exchange, LLC (``CFE'' or ``Exchange'') filed with the Securities and
Exchange Commission (``SEC'' or ``Commission'') the proposed rule
change described in Items I, II, and III below, which Items have been
prepared by CFE. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons. CFE also
has filed this proposed rule change with the Commodity Futures Trading
Commission (``CFTC''). CFE filed a written certification with the CFTC
under Section 5c(c) of the Commodity Exchange Act (``CEA'') \2\ on May
8, 2015.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(7).
    \2\ 7 U.S.C. 7a-2(c).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Description of the Proposed Rule
Change

    The Exchange proposes to amend its rules related to audit trail
retention requirements. The scope of this filing is limited solely to
the application of the rule amendments to security futures traded on
CFE. The only security futures currently traded on CFE are traded under
Chapter 16 of CFE's Rulebook which is applicable to Individual Stock
Based and Exchange-Traded Fund Based Volatility Index security futures.
The text of the proposed rule change is attached as Exhibit 4 to the
filing but is not attached to the publication of this notice.

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

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

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

1. Purpose
    The purpose of the proposed CFE rule amendments included as part of
this rule change is to amend CFE's requirements regarding the
maintenance of front-end audit trail information under CFE Rule 403
(Order Entry). The rule amendments included as part of this rule change
are to apply to all products traded on CFE, including both non-security
futures and security futures.
    CFE Rule 403(c) currently requires every CFE Trading Privilege
Holder (``TPH'') to maintain front-end audit trail information for all
electronic orders entered into CFE's trading system, including order
modifications and cancellations. The amendments provide that only CFE
clearing members \3\ and

TPHs that are futures commission merchants (``FCMs'') or introducing
brokers (``IBs'') are required by Rule 403(c) to maintain front-end
audit trail information for all electronic orders as well as quotes
entered by that party into CFE's trading system, including all related
modifications and cancellations. In addition, the amendments provide
that each CFE clearing member must also maintain, or cause to be
maintained, front-end audit trail information for all electronic orders
and quotes entered into CFE's trading system by any TPH for which the
clearing member is identified in the order or quote submission as the
clearing member for the execution of the order or quote, including all
related modifications and cancellations. Because the first amended
sentence of Rule 403(c) requires each CFE clearing member to maintain
audit trail information entered by that party and the second amended
sentence of Rule 403(c) requires each CFE clearing member to maintain
audit trail information where the clearing member has been identified
as the clearing member for the execution, there is the potential for
some limited overlap in the information CFE clearing members must
maintain under these two provisions. In addition, the amendments make
clear that each TPH is still obligated to comply with the provisions of
CFTC Regulation 1.35 \4\ as applicable to that TPH notwithstanding any
of the provisions of Rule 403(c). Among other things, CFTC Regulation
1.35 provides requirements relating to records that FCMs, IBs, and
members of a designated contract market (``DCM'') must retain. Lastly,
the amendments change the title of Rule 403 from ``Order Entry'' to
``Order Entry and Maintenance of Front-End Audit Trail Information'' to
provide greater clarity as to the requirements covered by the Rule.
---------------------------------------------------------------------------

    \3\ CFE Rule 121 defines ``Clearing Member'' to mean a member of
The Options Clearing Corporation (``OCC'') that is a CFE TPH and
that is authorized under OCC Rules to clear trades in any or all CFE
contracts.
    \4\ 17 CFR 1.35.
---------------------------------------------------------------------------

    Front-end audit trail information is a chronological record that
provides documentary evidence of the transactions effected on CFE's
trading system. The CFTC's DCM Core Principle 10 (Trade Information)
\5\ and the CFTC's related regulations codified in CFTC Regulations
38.551-553 \6\ require that a DCM maintain an audit trail program in
order to prevent and detect customer and market abuse.
---------------------------------------------------------------------------

    \5\ 17 CFR 38.550.
    \6\ 17 CFR 38.551-553.
---------------------------------------------------------------------------

    CFE is proposing these amendments for the following reasons. First,
when CFE initially established its audit trail program and set forth
CFE Rule 403, CFE provided that each TPH was required to maintain
front-end audit trail information sufficient to allow CFE to conduct an
annual audit trail exam of that TPH, a requirement that went above and
beyond what the CFTC requires. The CFTC permits CFE to require clearing
members to retain this information for purposes of audit trail exams
and to conduct audit trail exams of clearing members in lieu of
conducting them of a clearing member's TPH customers. Since Rule 403's
inception, there is now an efficient format and mechanism for CFE
clearing members to obtain CFE audit trail data for their TPH
customers, whereas there was no such format and mechanism when CFE
established its current requirements related to the maintenance of
front-end audit trail information. Second, it is more efficient for CFE
to collect audit trail data from its clearing members than all of its
TPHs for audit trail reviews and doing so will enhance the
effectiveness of CFE's regulatory program. CFE clearing members now
have a standardized method for maintaining and submitting audit trail
data of their TPHs, and CFE will be able to access all of the same
audit trail information CFE currently can access under Rule 403's
current language. Finally, other futures exchanges currently have
similar requirements in place.\7\
---------------------------------------------------------------------------

    \7\ See CME Rule 536.B.2 (``Clearing members guaranteeing a
connection to Globex are responsible for maintaining or causing to
be maintained the electronic audit trail for such systems.''); ICE
Futures U.S. Rule 27.12A (``Each Clearing Member connecting to the
ETS [ICE electronic trading system] by Direct Access is responsible
for (1) maintaining or causing to be maintained . . . the audit
trail for all orders submitted to the Exchange through its Direct
Access connection and any Order Routing system. . . .'').
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\8\ in general, and furthers the
objectives of Sections 6(b)(5) \9\ and 6(b)(7) \10\ in particular in
that it is designed:
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
    \10\ 15 U.S.C. 78f(b)(7).
---------------------------------------------------------------------------

     To promote just and equitable principles of trade,
     to foster cooperation and coordination with persons
engaged in facilitating transactions in securities, and
     to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and in general, to
protect investors and the public interest.
    The Exchange believes that the proposed rule change would
strengthen and make more efficient and effective CFE's administration
of its audit trail program which will contribute to preventing and
detecting customer and market abuse. The change provides that only CFE
clearing members and TPHs that are FCMs or IBs, rather than all TPHs,
are required to maintain front-end audit trail information for all
electronic orders as well as quotes entered into CFE's trading system,
including all related modifications and cancellations. In addition, the
change provides that CFE clearing members must also maintain, or cause
to be maintained, this information for their TPH customers. This
proposed rule change promotes efficiencies because CFE clearing members
now have available an efficient format and mechanism to obtain CFE
audit trail data for their TPH customers. In addition, it is more
efficient for CFE to collect audit trail data from its clearing members
than all of its TPHs for audit trail reviews and doing so will enhance
the effectiveness of CFE's regulatory program. Finally, this proposed
rule change is consistent with the requirements of other futures
exchanges. In summary, CFE is requiring the same audit information to
be maintained and is simply changing who is required to keep it.

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

    CFE does not believe that the proposed rule change will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act, in that the rule change will enhance CFE's
ability to carry out its responsibilities as a self-regulatory
organization. The Exchange believes that the proposed rule change is
equitable and not unfairly discriminatory because the amendments
regarding the maintenance of front-end audit trail information apply
equally to all parties that are subject to the applicable requirements.

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

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

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

    The proposed rule change will become effective on or after May 22,
2015, on a date to be announced by the Exchange through the issuance of
a circular. At any time within 60 days of

the date of effectiveness of the proposed rule change, the Commission,
after consultation with the CFTC, may summarily abrogate the proposed
rule change and require that the proposed rule change be refiled in
accordance with the provisions of Section 19(b)(1) of the Act.\11\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(1).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CFE-2015-004 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-CFE-2015-004. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal offices of the Exchange.
All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-CFE-2015-004,
and should be submitted on or before June 18, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(73).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-12831 Filed 5-27-15; 8:45 am]
 BILLING CODE 8011-01-P