[Federal Register Volume 88, Number 57 (Friday, March 24, 2023)]
[Rules and Regulations]
[Pages 17706-17710]
[FR Doc No: 2023-06171]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No.<PHONE_NUMBER>]
RIN 0694-AJ07

Revisions to the Unverified List

AGENCY: Bureau of Industry and Security, Department of Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Industry and Security (BIS) is amending the
Export Administration Regulations (EAR) by adding 32 persons to the
Unverified List (UVL). Of the 32 persons being added, one is under each
of the following destinations: Bulgaria, Canada, Indonesia, Israel,
Malaysia, Saudi Arabia, and Singapore; 14 are under the destination of
China, two are under the destination of Germany, four are under the
destination of Turkey, and five under the destination of the United
Arab Emirates (UAE).

DATES: This rule is effective: March 24, 2023.

FOR FURTHER INFORMATION CONTACT: Linda Minsker, Director, Office of
Enforcement Analysis, Phone:<PHONE_NUMBER>, Email:
[email protected].

SUPPLEMENTARY INFORMATION:

Background

Unverified List

    The UVL, found in supplement no. 6 to part 744 of the EAR (15 CFR
parts 730-774), contains the names and addresses of foreign persons who
are or have been parties to a transaction, as described in Sec.  748.5
of the EAR, involving the export, reexport, or transfer (in-country) of
items subject to the EAR. These foreign persons are added to the UVL
because BIS or federal officials acting on BIS's behalf were unable to
verify their bona fides (i.e., legitimacy and reliability relating to
the end use and end user of items subject to the EAR) through the
completion of an end-use check. Sometimes these checks, such as a pre-
license check (PLC) or a post-shipment verification (PSV), cannot be
completed satisfactorily for reasons outside the U.S. Government's
control.
    There are any number of reasons why these checks cannot be
completed to the satisfaction of the U.S. Government. The reasons
include, but are not limited to: (1) reasons unrelated to the
cooperation of the foreign party subject to the end-use check (for
example, BIS sometimes initiates end-use checks but is unable to
complete them because the foreign party cannot be found at the address
indicated on the associated export documents and BIS cannot contact the
party by telephone or email); (2) reasons related to a lack of
cooperation by a host government that fails to schedule and facilitate
the completion of an end-use check; for example, a host government
agencies' lack of responses to requests to conduct end-use checks,
actions preventing the scheduling of such checks, or refusals to
schedule checks in a timely manner; or (3) when, during the end-use
check, a recipient of items subject to the EAR is unable to produce the
items that are the subject of the end-use check for visual inspection
or provide sufficient documentation or other evidence to confirm the
disposition of the items.
    BIS's inability to confirm the bona fides of foreign persons
subject to end-use checks raises concerns about the suitability of such
persons as participants in future exports, reexports, or transfers (in-
country) of items subject to the EAR; this also indicates a risk that
such items may be diverted to prohibited end uses and/or end users.
Under such circumstances, there may not be sufficient information to
add the foreign person at issue to the Entity List (supplement no. 4 to
part 744 of the EAR) under Sec.  744.11 of the EAR. Therefore, BIS may
add the foreign person to the UVL.
    As provided in Sec.  740.2(a)(17) of the EAR, the use of license
exceptions for exports, reexports, and transfers (in-country) involving
a party or parties to the transaction who are listed on the UVL is
suspended. Additionally, under Sec.  744.15(b) of the EAR, there is a
requirement for exporters, re-exporters, and transferors to obtain (and
maintain a record of) a UVL statement from a party or parties to the
transaction who are listed on the UVL before proceeding with exports,
reexports, and transfers (in-country) to such persons, when the
exports, reexports and transfers (in-country) are not subject to a
license requirement. Finally, pursuant to Sec.  758.1(b)(8), Electronic
Export Information (EEI) must be filed in the Automated Export System
(AES) for all

exports of tangible items subject to the EAR where parties to the
transaction, as described in Sec.  748.5(d) through (f), are listed on
the UVL.
    Requests for the removal of a UVL entry must be made in accordance
with Sec.  744.15(d) of the EAR. Decisions regarding the removal or
modification of UVL entry will be made by the Deputy Assistant
Secretary for Export Enforcement, based on a demonstration by the
listed person of their bona fides.

Additions to the UVL

    This rule adds 32 persons to the UVL by amending supplement no. 6
to part 744 of the EAR to include their names and addresses. BIS is
adding these persons pursuant to Sec.  744.15(c) of the EAR. This final
rule implements the decision to add the following 32 persons located in
the following destinations to the UVL: Under Bulgaria, Vera Yordanova.
Under Canada, Skymount Drones. Under China, Airpart Consolidated
Trading; ECOM International (HK) Co., Ltd.; Guangzhou Trusme
Electronics Technology Co., Ltd.; HK P&W Industry Co. Ltd. (HKPW); Jet-
Prop International Forwarding (HK) Ltd.; Kesina Services; Lightstar
Technology Ltd.; Shandong Yuehaitongxin Keji Ltd.; Shengwei Technology
Co., Ltd.; Small Leopard Electronics Co., Ltd.; Solar Way (Hong Kong)
Ltd.; Sunway Technology Electronics Ltd.; USETA Tech (HK) Ltd.; and
Winners Global Trading Co. Under Germany, In Time Forwarding & Courier
e.K. and One Light GMBH. Under Indonesia, PT Smart Cakrawala Aviation.
Under Israel, CNG Labs. Under Malaysia, Golden Gamp Sdn Bhd. Under
Saudi Arabia, Al Gihaz Co., Ltd. for Contracting and Trading. Under
Singapore, Smart Cakrawala Aviation. Under Turkey, BLC Havacilik Saglik
Medikal Insaat Elektrik Ic ve Dis Ticaret; Odak Kimya; Piro Deniz
Motorlari; and [Uuml][ccedil][uuml]zler Lojistik Gida Tekstil. Under
the UAE, Al Kabiru Trading LLC; BNS Hardware; Delma Industrial Supply &
Marine Services; Diamond River General Trading; and Masoud Afghan
General Trading.

Allied Governments Note

    As a reminder, particularly with respect to partner countries, the
Unverified List is not intended for use as a sanction against any
particular country or government.

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA), 50 U.S.C. 4801-
4852. ECRA provides the legal basis for BIS's principal authorities and
serves as the authority under which BIS issues this final rule.

Savings Clause

    Shipments (1) that are removed from license exception eligibility
or that are now subject to requirements in Sec.  744.15 of the EAR as a
result of this regulatory action; (2) that were eligible for export,
reexport, or transfer (in-country) without a license before this
regulatory action; and (3) that were on dock for loading, on lighter,
laden aboard an exporting carrier, or enroute aboard a carrier to a
port of export, on March 24, 2023, pursuant to actual orders, may
proceed to that UVL listed person under the previous license exception
eligibility or without a license and pursuant to the export clearance
requirements set forth in Part 758 of the EAR that applied prior to
this person being listed on the UVL, so long as the items have been
exported from the United States, reexported or transferred (in-country)
before April 22, 2023. Any such items not actually exported, reexported
or transferred (in-country) before midnight on April 22, 2023, are
subject to the requirements in Sec.  744.15 of the EAR in accordance
with this rule.

Rulemaking Requirements

Executive Order Requirements

    Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This final rule is not a ``significant regulatory action''
under Executive Order 12866.
    This rule does not contain policies with Federalism implications as
that term is defined under Executive Order 13132.

Paperwork Reduction Act Requirements

    Notwithstanding any other provision of law, no person is required
to respond to, nor is subject to a penalty for failure to comply with,
a collection of information, subject to the requirements of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless
that collection of information displays a currently valid Office of
Management and Budget (OMB) Control Number.
    The UVL additions contain collections of information approved by
OMB under the following control numbers:

 OMB Control Number 0694-0088--Simple Network Application
Process and Multipurpose Application Form
 OMB Control Number 0694-0122--Miscellaneous Licensing
Responsibilities and Enforcement
 OMB Control Number 0694-0134--Entity List and Unverified List
Requests,
 OMB Control Number 0694-0137--License Exemptions and
Exclusions.

    BIS believes that the overall increases in burdens and costs will
be minimal and will fall within the already approved amounts for these
existing collections. Additional information regarding these
collections of information--including all background materials--can be
found at https://www.reginfo.gov/public/do/PRAMain by using the search
function to enter either the title of the collection or the OMB Control
Number.

Administrative Procedure Act and Regulatory Flexibility Act
Requirements

    Pursuant to Section 4821 of ECRA, this action is exempt from the
Administrative Procedure Act (5 U.S.C. 553) requirements for notice of
proposed rulemaking and opportunity for public participation.
    Further, no other law requires notice of proposed rulemaking or
opportunity for public comment for this final rule. Because a notice of
proposed rulemaking and an opportunity for public comment are not
required under the Administrative Procedure Act or by any other law,
the analytical requirements of the Regulatory Flexibility Act (5 U.S.C.
601 et seq.) are not applicable.

List of Subjects in 15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

    Accordingly, part 744 of the Export Administration Regulations (15
CFR parts 730 through 774) is amended as follows:

PART 744--CONTROL POLICY: END-USER AND END-USE BASED

0
1. The authority citation for part 744 is revised to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O.

12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR
59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p.
208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224,
66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice of September 19,
2022, 87 FR 57569 (September 21, 2022); Notice of November 8, 2022,
87 FR 68015 (November 10, 2022).

0
2. Supplement no. 6 to part 744 is amended:
0
a. By creating a country listing for BULGARIA;
0
b. Under BULGARIA by adding an entry, in alphabetical order, for the
following entity: ``Vera Yordanova;''
0
c. Under CANADA by adding an entry, in alphabetical order, for the
following entity: ``Skymount Drones;''
0
d. Under CHINA, by adding entries, in alphabetical order, for the
following entities: ``Airpart Consolidated Trading;'' ``ECOM
International (HK) Co., Ltd.;'' ``Guangzhou Trusme Electronics
Technology Co., Ltd.;'' ``HK P&W Industry Co. Ltd. (HKPW);'' ``Jet-Prop
International Forwarding (HK) Ltd.;'' ``Kesina Services;'' ``Lightstar
Technology Ltd.;'' ``Shandong Yuehaitongxin Keji Ltd.;'' ``Shengwei
Technology Co., Ltd.;'' ``Small Leopard Electronics Co., Ltd.;''
``Solar Way (Hong Kong) Ltd.;'' ``Sunway Technology Electronics Ltd.;''
``USETA Tech (HK) Ltd.;'' and ``Winners Global Trading Co.;''
0
e. Under GERMANY by adding entries, in alphabetical order, for the
following entities: ``In Time Forwarding & Courier e.K;'' and ``One
Light GMBH;''
0
f. By creating a country listing for INDONESIA;
0
g. Under INDONESIA by adding an entry, in alphabetical order, for the
following entity: ``PT Smart Cakrawala Aviation;''
0
h. By creating a country listing for ISRAEL;
0
i. Under ISRAEL by adding an entry, in alphabetical order, for the
following entity: ``CNG Labs;''
0
j. Under MALAYSIA by adding an entry, in alphabetical order, for the
following entity: ``Golden Gamp Sdn Bhd;''
0
k. By creating a country listing for SAUDI ARABIA;
0
l. Under SAUDI ARABIA by adding an entry, in alphabetical order, for
the following entity: ``Al Gihaz Co., Ltd. for Contracting and
Trading;''
0
m. Under SINGAPORE by adding an entry, in alphabetical order, for the
following entity: ``Smart Cakrawala Aviation;''
0
n. Under TURKEY by adding entries, in alphabetical order, for the
following entities: ``BLC Havacilik Saglik Medikal Insaat Elektrik Ic
ve Dis Ticaret;'' ``Odak Kimya; Piro Deniz Motorlari;'' and
``[Uuml][ccedil][uuml]zler Lojistik Gida Tekstil'' and
0
o. Under UNITED ARAB EMIRATES by adding entries, in alphabetical order,
for the following entities: ``Al Kabiru Trading LLC;'' ``BNS
Hardware;'' ``Delma Industrial Supply & Marine Services;'' ``Diamond
River General Trading;'' and ``Masoud Afghan General Trading.''
    The additions read as follows:

SUPPLEMENT NO. 6 TO PART 744--UNVERIFIED LIST

* * * * *

------------------------------------------------------------------------
                               Listed person and       Federal Register
         Country                    address                citation
------------------------------------------------------------------------
                                             * * * * * *
BULGARIA.................  Vera Yordanova, Zemen     88 FR [INSERT
                            Street, No. 2B Floor 2,   FEDERAL REGISTER
                            Apt. 21, Sofia,           PAGE NUMBER] 3/24/
                            Bulgaria.                 2023.
CANADA...................                    * * * * * *
                           Skymount Drones, 280-     88 FR [INSERT
                            8180 11 St. SE,           FEDERAL REGISTER
                            Calgary, AB, T2H 3B5,     PAGE NUMBER] 3/24/
                            Canada.                   2023.
CHINA, PEOPLE'S REPUBLIC                     * * * * * *
 OF.
                           Airpart Consolidated      88 FR [INSERT
                            Trading, Flat 01, 25/F,   FEDERAL REGISTER
                            Ka Wing House, Block F,   PAGE NUMBER] 3/24/
                            Ka Ting Court Shatin,     2023.
                            New Territories, Hong
                            Kong.
                                             * * * * * *
                           ECOM International (HK)   88 FR [INSERT
                            Co., Ltd. Flat/Rm 7022    FEDERAL REGISTER
                            BLK D 7/F Tak Wing        PAGE NUMBER] 3/24/
                            Industrial Building 3,    2023.
                            Tsun wen Road Tuen Mun,
                            New Territories, Hong
                            Kong; and Flat/Rm S, 4/
                            F, Kwun, Tong
                            Industrial Centre Phase
                            2, 460-470, Kwun Tong
                            Road, Kwun Tong,
                            Kowloon, Hong Kong; and
                            No. 12, 19/F, Ho King
                            Commercial Centre, No.
                            2-16 Fay Yuen Street,
                            Mongkok, Kowloon, Hong
                            Kong.
                                             * * * * * *
                           Guangzhou Trusme          88 FR [INSERT
                            Electronics Technology    FEDERAL REGISTER
                            Co., Ltd., RM 702, 7/F,   PAGE NUMBER] 3/24/
                            Kowloon Building, 555     2023.
                            Nathan Road, Kowloon,
                            Hong Kong; and Room 102
                            Kerry Warehouse, No. 2
                            San Po St., Sheung
                            Shui, N.T., Hong Kong.
                                             * * * * * *
                           HK P&W Industry Co. Ltd.  88 FR [INSERT
                            (HKPW), Rm. 1902, Easey   FEDERAL REGISTER
                            Commercial Building.,     PAGE NUMBER] 3/24/
                            253-261 Hennessey Rd.,    2023.
                            Wan Chai, Hong Kong.
                                             * * * * * *
                           Jet-Prop International    88 FR [INSERT
                            Forwarding (HK) Ltd.,     FEDERAL REGISTER
                            Rm. 607, 6/F,             PAGE NUMBER] 3/24/
                            International Plaza No.   2023.
                            20 Sheung Yuet Road,
                            Kowloon Bay Kowloon,
                            Hong Kong; and Room A-
                            B17, 8/Floor, Hong
                            Leong Industrial
                            Complex, 4 Wang Kwong
                            Road, Kowloon, Hong
                            Kong.
                                             * * * * * *
                           Kesina Services, No. 24   88 FR [INSERT
                            Jin Lian Road, Louhu      FEDERAL REGISTER
                            District, Shenzhen,       PAGE NUMBER] 3/24/
                            China; and Room 607, 6/   2023.
                            F, International Plaza,
                            No. 20 Sheung Yuet
                            Road, Kowloon Bay,
                            Kowloon, Hong Kong; and
                            Room A-B17, 8/Floor,
                            Hong Leong Industrial
                            Complex, 4 Wang Kwong
                            Road, Kowloon, Hong
                            Kong; and Block A1, 2
                            Floor, King Nam Ind.,
                            603-608 Castle Peak
                            Road, Tsuen Wan, Hong
                            Kong.
                                             * * * * * *
                           Lightstar Technology      88 FR [INSERT
                            Ltd., Rooms 1318-1319,    FEDERAL REGISTER
                            Hollywood Plaza, 610      PAGE NUMBER] 3/24/
                            Nathan Road, Mongkok,     2023.
                            Kowloon, Hong Kong; and
                            Flat 8, 4/F, Festigood
                            Centre, No. 8 Lok Yip
                            Road, On Lok Tsuen,
                            Fanling, New
                            Territories, Hong Kong.

                                             * * * * * *
                           Shandong Yuehaitongxin    88 FR [INSERT
                            Keji Ltd., Rooms 1318-    FEDERAL REGISTER
                            1319, Hollywood Plaza,    PAGE NUMBER] 3/24/
                            610 Nathan Road,          2023.
                            Mongkok, Kowloon, Hong
                            Kong; and Flat 8, 4/F,
                            Festigood Centre, No. 8
                            Lok Yip Road, On Lok
                            Tsuen, Fanling, New
                            Territories, Hong Kong.
                                             * * * * * *
                           Shengwei Technology Co.,  88 FR [INSERT
                            Ltd., RM 702, 7/F,        FEDERAL REGISTER
                            Kowloon Building, 555     PAGE NUMBER] 3/24/
                            Nathan Road, Kowloon,     2023.
                            Hong Kong; and Room 102
                            Kerry Warehouse, No. 2
                            San Po St., Sheung
                            Shui, N.T., Hong Kong.
                                             * * * * * *
                           Small Leopard             88 FR [INSERT
                            Electronics Co., Ltd.,    FEDERAL REGISTER
                            Flat/Rm 7022 BLK D 7/F    PAGE NUMBER] 3/24/
                            Tak Wing Ind Bldg 3,      2023.
                            Tsun wen Road Tuen Mun,
                            New Territories, Hong
                            Kong; and Flat/Rm S, 4/
                            F, Kwun, Tong Ind
                            Centre Phase 2, 460-
                            470, Kwun Tong Road,
                            Kwun Tong, Kowloon,
                            Hong Kong.
                           Solar Way (Hong Kong)     88 FR [INSERT
                            Ltd., Rooms 1318-1319,    FEDERAL REGISTER
                            Hollywood Plaza, 610      PAGE NUMBER] 3/24/
                            Nathan Road, Mongkok,     2023.
                            Kowloon, Hong Kong.
                                             * * * * * *
                           Sunway Technology         88 FR [INSERT
                            Electronics Ltd., Rm      FEDERAL REGISTER
                            702, 7/F, Kowloon         PAGE NUMBER] 3/24/
                            Building, 555 Nathan      2023.
                            Road, Kowloon, Hong
                            Kong; and Room 102
                            Kerry Warehouse, No. 2
                            San Po St., Sheung
                            Shui, N.T., Hong Kong,
                            China.
                                             * * * * * *
                           USETA Tech (HK) Ltd.,     88 FR [INSERT
                            Room B, 6/F, Shing        FEDERAL REGISTER
                            Hing, Commercial          PAGE NUMBER] 3/24/
                            Building, 21-27 Wing      2023.
                            Kut Street, Central,
                            Hong Kong.
                           Winners Global Trading    88 FR [INSERT
                            Co., Room 2, 5/F.,        FEDERAL REGISTER
                            Winful Centre, 30 Shing   PAGE NUMBER] 3/24/
                            Yip Street, Kwun Tong,    2023.
                            Kowloon, Hong Kong.
                                             * * * * * *
GERMANY..................  In Time Forwarding &      88 FR [INSERT
                            Courier e.K., HACC        FEDERAL REGISTER
                            Building 393 A Weg beim   PAGE NUMBER] 3/24/
                            Jager, 22335 Hamburg,     2023.
                            Germany.
                           One Light GMBH,           88 FR [INSERT
                            Billstrasse 123,          FEDERAL REGISTER
                            Hamburg, Germany; and     PAGE NUMBER] 3/24/
                            Billwerder Neuer Deich    2023.
                            72, Hamburg, Germany.
                                             * * * * * *
INDONESIA................  PT Smart Cakrawala        88 FR [INSERT
                            Aviation, Smartdeal       FEDERAL REGISTER
                            Building 4th Floor, JL    PAGE NUMBER] 3/24/
                            Cideng Timur No. 16A,     2023.
                            Jakarta Pusat,
                            Indonesia.
ISRAEL...................  CNG Labs, a.k.a. CNG      88 FR [INSERT
                            Computers, 30 Kikar       FEDERAL REGISTER
                            Zahal, Kiryat Shemona,    PAGE NUMBER] 3/24/
                            Israel, 1103303; and      2023.
                            104 Tel Hai St., Kiryat
                            Shemona, Israel.
                                             * * * * * *
MALAYSIA.................  Golden Gamp Sdn Bhd,      88 FR [INSERT
                            Ground Floor, No. 122,    FEDERAL REGISTER
                            Jalan Thamby Abdullah,    PAGE NUMBER] 3/24/
                            off Jalan Tun             2023.
                            Sambanthan,
                            Brickfields, Kuala
                            Lumpur 50470 Malaysia;
                            and Unit A1-15-02,
                            Business Suits, Arcoris
                            Mont Kiara, Jalan
                            Kiara, Kuala Lumpur
                            50480 Malaysia; and
                            Unit 1-2 Menara
                            Mudajaya No. 12A, Jalan
                            PJU \7/3\ Mutiara
                            Damansara, Petaling
                            Jaya 47810 Malaysia.
                                             * * * * * *
SAUDI ARABIA.............  Al Gihaz Co., Ltd. for    88 FR [INSERT
                            Contracting and           FEDERAL REGISTER
                            Trading, a.k.a. Algihaz   PAGE NUMBER] 3/24/
                            Co., P.O. Box 7451,       2023.
                            Alworoud Area, Al
                            Orouba Street, Riyadh,
                            Saudi Arabia; and Ali
                            Bin Talib Road near
                            Maternity and Child
                            Hospital, Medina, Saudi
                            Arabia.
SINGAPORE................                    * * * * * *
                           Smart Cakrawala           88 FR [INSERT
                            Aviation, No. 48th, St.   FEDERAL REGISTER
                            Thomas Walk #10-05,       PAGE NUMBER] 3/24/
                            Singapore 238126; and 7   2023.
                            Airline Cargo Road, #02-
                            22 Cargo Agent Building
                            E, Singapore.
                                             * * * * * *
TURKEY...................  BLC Havacilik Saglik      88 FR [INSERT
                            Medikal Insaat Elektrik   FEDERAL REGISTER
                            Ic ve Dis Ticaret         PAGE NUMBER] 3/24/
                            Asemek San.Sit. 1469      2023.
                            Cad. No:18,
                            [Idot]vedik--OSB 06378,
                            Ankara, Turkey.
                                             * * * * * *
                           Odak Kimya, Cevizli Mah.  88 FR [INSERT
                            Zuhal Cad. No. 44, Kat:   FEDERAL REGISTER
                            13, Daire: 131-132,       PAGE NUMBER] 3/24/
                            Dumankaya Ritim 60        2023.
                            Parsel Maltepe,
                            Istanbul, Turkey.
                           Piro Deniz Motorlari,     88 FR [INSERT
                            Safak Mh. Akdeniz San.    FEDERAL REGISTER
                            Sit. 50003 Sk., No: 115   PAGE NUMBER] 3/24/
                            Kepez--Antalya,           2023.
                            Antalya, Turkey.
                           [Uuml][ccedil][uuml]zler  88 FR [INSERT
                            Lojistik Gida Tekstil,    FEDERAL REGISTER
                            a.ka.                     PAGE NUMBER] 3/24/
                            [Uuml][ccedil][uuml]zle   2023.
                            r Lojistik Ltd Sti,
                            Yeni Mahalle Hamit
                            [Ouml]cal Caddesi, No
                            35/1, Reyhanli/Hatay,
                            Turkey 31500; and Yeni
                            Mahalle Hamit [Ouml]cal
                            Caddesi, No 29,
                            Reyhanli/Hatay, Turkey
                            31500; and Yeni Mahalle
                            Dr. Nihat Kural Sk.,
                            Apt No: 15/11, Reyhanli/
                            Hatay, Turkey 31500.
UNITED ARAB EMIRATES.....                    * * * * * *
                           Al Kabiru Trading LLC,    88 FR [INSERT
                            Block 10, Suite 112,      FEDERAL REGISTER
                            Office Land Building,     PAGE NUMBER] 3/24/
                            Al Karama, Dubai, UAE.    2023.
                                             * * * * * *
                           BNS Hardware, a.k.a. The  88 FR [INSERT
                            Fair Price Shop,          FEDERAL REGISTER
                            Warehouse No. 5, Street   PAGE NUMBER] 3/24/
                            21, Sharjah Industrial    2023.
                            Area 6, Sharjah City,
                            UAE.
                           Delma Industrial Supply   88 FR [INSERT
                            & Marine Services, P.O.   FEDERAL REGISTER
                            Box 53382, Mina Store     PAGE NUMBER] 3/24/
                            Port Zayed Area,          2023.
                            Warehouse 45, Abu
                            Dhabi, UAE.
                           Diamond River General     88 FR [INSERT
                            Trading, a.k.a. Excells   FEDERAL REGISTER
                            Shipping, a.k.a.          PAGE NUMBER] 3/24/
                            Excells General           2023.
                            Trading, Office #343,
                            Al Nokhita Building, Al
                            Khaleej Road, Dubai,
                            UAE.

                                             * * * * * *
                           Masoud Afghan General     88 FR [INSERT
                            Trading, Plot No.         FEDERAL REGISTER
                            S31216 Jebel Ali Free     PAGE NUMBER] 3/24/
                            Zone, Dubai, United       2023.
                            Arab Emirates.
                                             * * * * * *
------------------------------------------------------------------------

Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2023-06171 Filed 3-23-23; 8:45 am]
BILLING CODE 3510-33-P


<EPA REGISTRATION DIVISION COMPANY NOTICE OF FILING FOR PESTICIDE PETITIONS PUBLISHED IN THE FEDERAL REGISTER  >

<EPA Registration Division contact: [Joanne Miller (PM 23). (703-305-6224)]>

<INSTRUCTIONS:  Please utilize this outline in preparing the pesticide petition.  In cases where the outline element does not apply, please insert “NA-Remove” and maintain the outline. Please do not change the margins, font, or format in your pesticide petition. Simply replace the instructions that appear in green, i.e., “[insert company name],” with the information specific to your action.>

<TEMPLATE:>

<[Bayer CropScience]>

<[Insert petition number]>

<	EPA has received a pesticide petition ([insert petition number]) from [Bayer CropScience], [2 Alexander Drive, Research Triangle Park, NC] proposing, pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180.>

<(Options (pick one)>

<	1. by establishing a tolerance for residues of>

	the herbicide chemical glufosinate ammonium and its metabolites expressed as butanoic acid, 2-amino-4-(hydroxymethylphosphinyl)-, monoammonium salt, 2-acetamido-4-methylphosphinico-butanoic acid (Hoe 099730 or N-Acetyl Glufosinate)   and 3-methylphosphinico-propionic acid (Hoe 061517 or MPP) expressed as glufosinate free acid equivalents,  in or on the raw agricultural commodity citrus fruit, CG-10, including Calamondin, Citrus citron, Citrus hybrids (Citrus spp. and Fortunella spp.), Grapefruit (including Japanese summer), Kumquat, Lemon, Lime (sweet, Australian desert, Australian finger, Australian round, Brown River finger, Mount White, New Guinea wild, Russell River, Tahiti), Mandarin (Mediterranean, Satsuma), Orange (sour, sweet, Tachibana, Trifoliate), Pummelo, Tangelo, Tangerine (Mandarin), Tangor (Citrus reticulate and Citrus sinensis) and varieties and/or hybrids of these, and all associated processed fractions at 0.05 ppm; pome fruits, CG-11, including Apple, Crabapple, Loquat, Mayhaw, Pear, Oriental Pear and Quinnce, and all associated processed fractions at 0.10 ppm, stone fruit, CG-12, including Apricot, Cherry (sweet and tart), Nectarine, Peach, Plum (including Chicksaw, Damson and Japanese), Plumcot and Prune (fresh) at 0.10 ppm and Dried Plums (dried prunes) at 0.2 ppm, and olives and the processed fraction olive oil at 0.05 ppm.  EPA has determined that the petition contains data or information regarding the elements set forth in section 408 (d)(2) of  FDDCA; however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data supports granting of the petition. Additional data may be needed before EPA rules on the petition.>

<A. Residue Chemistry>

<	1. Plant metabolism. [The uptake and metabolism of glufosinate in primary crops is adequately understood. Radiolabeled studies have been conducted in various plants all showing similar results. The relevant residues are parent glufosinate and MPP (3-methylphosphinico-propionic acid) in conventional plants and additionally N-acetyl-L-glufosinate  (2-amino-4-(hydroxymethylphosphinyl)-, monoammonium salt, 2-acetamido-4-methylphosphinico-butanoic acid) in modified plants.>

<	2. Analytical method. [  SEQ CHAPTER \h \r 1 The enforcement analytical method utilizes gas chromatography for detecting and measuring levels of glufosinate-ammonium and metabolites with a general limit of quantification of 0.05 ppm.  This method allows detection of residues at or above the proposed tolerances.]>

<	3. Magnitude of residues. [Residue trials (12 orange, 6 grapefruit and 5 lemon) were conducted in citrus orchards with RELY 200SL (EPA Reg. No. 264-660) applied to soil at a rate of 1.5 lb a.i./A three times at 14 day intervals with a 14 day PHI. All residue measurements in fruit were less than the LOD. An exaggerated 5X rate was applied in the orange processing trial; residues in fresh fruit and oil were less than the LOD, therefore no residue is expected in any processed commodity. The overall results support a proposed tolerance of 0.05 pm for citrus fruit (Crop Group 10) and all processed commodities.

Residue trials (6) were conducted in pear orchards with RELY 200SL (EPA Reg. No. 264-660) applied to soil at a rate of 1.5 lb a.i./A three times at 14 day intervals with a 14 day PHI, the same use pattern previously registered for apples. All glufosinate and NAG residues in fruit were less than the LOD; MPP residues were quantified in one sample at an average of 0.08 ppm. The proposed MRL for pears is 0.10 ppm.  Since the previously established tolerance for apples and associated processed fractions is 0.05 ppm, which is within 3X of the proposed pear MRL, the overall results support a proposed tolerance of  0.10 ppm for pome fruit (Crop Group 11) and all processed commodities.

On stone fruit,  Bayer CropScience conducted residue trials in cherry (6) and plum (6) orchards and IR-4 conducted 9 trials in peach orchards with RELY 200SL (EPA Reg. No. 264-660) applied to soil at a rate of 1.5 lb a.i./A two times at 28 day intervals with a 14 day PHI. Residues were also investigated in dried plums (prunes) that had been treated at a 5X exaggerated rate. Overall results support a tolerance of 0.10 ppm for stone fruit (Crop Group 12) and 0.20 ppm for dried plums (prunes).

Residue trials (3)  were conducted in olive orchards with RELY 200SL (EPA Reg. No. 264-660) applied to soil at a rate of 1.5 lb a.i./A three times at 14 day intervals with a 14 day PHI. All residue measurements in olives were less than the LOD. An exaggerated 5X rate was applied in the processing trial; residues were not found to concentrate in oil. The overall results support a proposed tolerance of 0.05 pm for olives, fresh fruit and olive oil.

>

<B. Toxicological Profile>

<	1. Acute toxicity.  [  SEQ CHAPTER \h \r 1 Glufosinate-ammonium has been classified as toxicity category III for acute oral, dermal, and inhalation toxicity; and for eye irritation.  Glufosinate-ammonium is not a dermal irritant (toxicity category IV) nor is it a dermal sensitizer.  The oral LD50 is 4010 mg/kg in male rats and 3030 mg/kg in female rats.]>

<	2. Genotoxicity. [  SEQ CHAPTER \h \r 1 Based on results of a complete genotoxicity database, there is no evidence of mutagenic activity in a battery of studies, including:  Salmonella spp., E. coli, in vitro mammalian cell gene mutation assays, mammalian cell chromosome aberration assays, in vivo mouse bone marrow micronucleus assays, and unscheduled DNA synthesis assays.]>

<	3. Reproductive and developmental toxicity. [  SEQ CHAPTER \h \r 1 In a developmental toxicity study, groups of 20 pregnant female Wistar rats were administered glufosinate-ammonium by gavage at doses of 0, 0.5, 2.24, 10, 50 and 250 mg/kg/day from days 7 to 16 of pregnancy.  The NOAEL for maternal toxicity is 10 mg/kg/day; the LOAEL is 50 mg/kg/day based on vaginal bleeding and hyperactivity in dams.  In the fetus, the NOAEL is 50 mg/kg/day, based on dilated renal pelvis observations at the LOAEL of 250 mg/kg/day.  In a developmental toxicity study, groups of 15 pregnant female Himalayan rabbits were administered glufosinate-ammonium by gavage at doses of 0, 2.0, 6.3, or 20.0 mg/kg/day from days 7 to 19 of pregnancy.  In maternal animals, decreases in food consumption and body weight gain were observed at the 20 mg/kg/day dose level.  The NOAEL for maternal toxicity was 6.3 mg/kg/day and that for developmental toxicity was 20 mg/kg/day.]

In a multi-generation reproduction study, glufosinate-ammonium was administered to groups of 30 male and 30 female Wistar/Han rats in the diet at concentrations of 0, 40, 120, or 360 ppm.  The LOAEL for systemic toxicity is 120 ppm based on increased kidney weights in both sexes and generations. The systemic toxicity NOAEL is 40 ppm. The LOAEL for reproductive/developmental toxicity is 360 ppm based on decreased numbers of viable pups in all generations.  The NOAEL is 120 ppm.

  SEQ CHAPTER \h \r 1 In a developmental neurotoxicity study, groups of 25 bred female rats were fed glufosinate ammonium at doses of 0, 200, 1000 or 4500 ppm in the diet. Body weights and food consumption were decreased at 1000 and 4500 ppm. No effects were seen in treated animals for the functional observation battery, developmental landmarks, grip strength, startle response or learning and memory. Motor activity was increased at the mid and high dose. The NOAEL for developmental neurotoxicity was determined to be 200 ppm.]

>

<	4. Subchronic toxicity. [  SEQ CHAPTER \h \r 1 In a sub-chronic oral toxicity study, glufosinate-ammonium was administered to 10 NMRI mice/sex/ dose in the diet at levels of 0, 80, 320 or 1,280 ppm (equivalent to 0, 12, 48 or 192 mg/kg bw/day) for 13 weeks.  Significant (p< 0.05) increases were observed in serum aspartate aminotransferase and in alkaline phosphatase in high-dose (192 mg/kg/ day) males.  Also observed were increases in absolute and relative liver weights in mid-(48 mg/kg/day) and high-dose males.  The no observed adverse effect level (NOAEL) is 12 mg/kg/day, the lowest observed adverse effect level (LOAEL) is 48 mg/kg/day based on the changes in clinical biochemistry and liver weights.]

>

<	5. Chronic toxicity. [In a dog 1 year study, technical glufosinate-ammonium was fed to male and female beagle dogs for 12 months in the diet at levels of 2.0, 5.0, or 8.5 mg/kg/day.  The NOAEL is 5.0 mg/kg/day based on clinical signs of toxicity, reduced weight gain and mortality 8.5 mg/kg/day.

  SEQ CHAPTER \h \r 1 In a combined chronic toxicity/oncogenicity study, glufosinate-ammonium was administered to 50 Wistar rats/sex/dose in the diet for 130 weeks at dose levels of 0, 40, 140, or 500 ppm (mean compound intake in males was 0, 1.9, 6.8, and 24.4 mg/kg/day and for females was 0, 2.4, 8.2 and 28.7 mg/kg/day, respectively).  A dose-related increase in mortality was noted in females at 140 and 500 ppm, whereas in males increased absolute and relative kidney weights were noted at 140 ppm and 500 ppm.  The NOAEL was considered to be 40 ppm in females and 140 ppm in males.  No treatment-related oncogenic response was noted.]

Additionally, a rat oncogenicity study was performed in which glufosinate-ammonium was administered to Wistar rats (60/sex/group) for up to 24 months at 0, 1,000, 5,000, or 10,000 ppm (equivalent to 0, 45.4, 228.9, or 466.3 mg/kg/day in males and 0, 57.1, 281.5, or 579.3 mg/kg/day in females).  The LOAEL for chronic toxicity is 5,000 ppm, based on increased incidences of retinal atrophy; the NOAEL is 1000 ppm (equivalent to 45.4 mg/kg/day for male rats and 57.1 mg/kg/day for females.  Under the conditions of this study, there was no evidence of carcinogenic potential.

In a mouse oncogenicity study, glufosinate-ammonium was administered to 50 NMRI mice/sex/dose in the diet at dose levels of 0, 80, 160 (males only) or 320 (females only) ppm for 104 weeks.  The NOAEL for systemic toxicity is 80 ppm (10.82/16.19 mg/kg/day in males/females (M/F)), and the LOAEL is 160/320 ppm (22.60/ 63.96 mg/kg/day in M/F), based on increased mortality in males, increased glucose levels in males and females, and changes in glutathione levels in males.  No increase in tumor incidence was found in any treatment group.>

<	6. Animal metabolism. [  SEQ CHAPTER \h \r 1 Studies conducted in rats using 14C- glufosinate-ammonium have shown that the compound is poorly absorbed (5-10%) after oral administration and is rapidly eliminated primarily as the parent compound.  The highest residue levels were found in liver and kidney tissues.

The metabolic profile and the quantitative distribution of metabolites were very similar in both goat and hen.  The vast majority of the dose was excreted, primarily as parent compound.  The very limited residues found in edible tissues, milk and eggs were comprised principally of glufosinate and 3-methylphosphinico-propionic acid (Hoe 061517), with lesser amounts of N-acetyl-L-glufosinate (Hoe 099730) and 2-methylohosphinico-acetic acid (Hoe 064619).]>

<	7. Metabolite toxicology. [  SEQ CHAPTER \h \r 1 Additional testing has been conducted with the major metabolites, 3-methylphosphinico-propionic acid, and N-acetyl-L-glufosinate.  Based on sub-chronic and developmental toxicity study results, similar to lower toxicity was observed for the metabolites as compared to the parent compound, glufosinate-ammonium.]>

<	8. Endocrine disruption. [  SEQ CHAPTER \h \r 1 No evidence of estrogenic or other endocrine effects have been noted in any of the toxicology studies that have been conducted with this product, and there is no reason to suspect that any such effects would be likely.]

>

<C. Aggregate Exposure>

<	1. Dietary exposure. [  SEQ CHAPTER \h \r 1 Tolerances have been established (40CFR part 180.473) for the combined residues of glufosinate-ammonium and metabolites in or on a variety of raw agricultural commodities. No appropriate toxicological endpoint attributable to a single exposure was identified in the available toxicity studies. EPA did not, therefore, establish an acute reference dose (aRfD) for the general population. An acute RfD of 0.0063 mg/kg/day was established, however, for the females 13+ subgroup, based on a developmental NOAEL of 6.3 mg/kg/day in the rabbit and a 100x uncertainty factor (10x inter- 10x intra-species extrapolation) and a 10x data uncertainty factor. EPA determined that the Special FQPA uncertainty factor would be 1X for the acute dietary risk assessment based on conclusions of the HIARC and the complete residue and environmental fate data bases. The developmental LOAEL (20 mg/kg/day) was based on increased fetal death in the presence of maternal toxicity. There was no qualitative or quantitative indication of increased susceptibility in the prenatal developmental toxicities in rats and rabbits or in the 2-generation reproductive study in rats with parent compound or metabolites of concern.

Chronic dietary risk is expressed as a percentage of the chronic Population Adjusted Dose (cPAD) of 0.006 mg/kg bw/day. A weight of evidence approach considering chronic rat and dog studies concluded the chronic NOAEL to be 6.0 mg/kg bw/day, and the cRfD was derived by applying an uncertainty factor of 1000; because the FQPA SF was determined to be 1X, the cRfD and the cPAD are equivalent.

>

ed subpopulations to glufosinate-ammonium residues. The analyses were conducted using Exponent, Inc.’s DEEM™ 2.16 software. Consumption data used in this program were taken from USDA’s CSFII, 1994-1996.1998. Assessments were conducted to evaluate the potential risks due to acute dietary exposure for females 13+ years and chronic dietary exposure of the entire U.S. population and selected population subgroups to residues of glufosinate ammonium and its metabolites MPP and N-acetyl glufosinate.  These assessments cover all established and proposed uses of glufosinate. These assessments also include secondary residues in animal tissues resulting from registered and proposed uses.

Acute dietary risk was expressed as a percentage of the acute Population Adjusted Dose (aPAD) of 0.0063 mg/kg bw/day The estimated risk from acute dietary exposure (99.9 th percentile) for women 13-49 years of age was 34.2% of the aPAD. Potato tubers with and without peel were the major contributors to the acute exposure for this subgroup.

Chronic dietary risk was expressed as a percentage of the chronic Population Adjusted Dose (cPAD) of 0.006 mg/kg bw/day.  Chronic exposure for the most exposed subpopulation, children 1-2 years, equated to 7.9% of the cPAD.  The exposure to the U.S. population equated to 2.4% of the cPAD. These Tier 3 chronic dietary exposure estimates, incorporating Bayer CropScience estimates of  percent crop treated, are well below EPA’s level of concern for the overall U.S. population as well as the various population subgroups.]

>

<	ii. Drinking water. [The guidelines for conducting drinking water exposure assessment have been revised since the last glufosinate drinking water report issued by US EPA in 2006. Therefore, DWECs have been updated to reflect the latest guidelines.

The revised surface drinking water exposure assessment for glufosinate ammonium was conducted with the PE5 modeling shell for the major uses on the label. Results from the PE5 modeling system were adjusted by the PCA factors listed in a July 2003 EPA-EFED document (  HYPERLINK "http://www.epa.gov/oppefed1/models/water/regional_pca.htm"  http://www.epa.gov/oppefed1/models/water/regional_pca.htm ).  Environmental value inputs were the same as used in the 2003 EPA report (Table 2 in DP Barcode: 289227 dated April 22, 2003).

The estimated acute and chronic glufosinate DWECs for surface water were calculated for three apple scenarios (North Carolina, Oregon and Pennsylvania), Georgia peach scenario, Mississippi cotton scenario and California almond and grape scenarios. Acute DWECs ranged from 13.6 ppb to 38.9 ppb.  The highest acute DWEC was for the North Carolina apple scenario.  As such, the daily DWECs from the North Carolina apple scenario were used in the aggregate dietary risk assessment.  The Chronic DWECs ranged from 2.9 ppb to 17.8 ppb.  For the chronic aggregate assessment, a DWEC of 17.8 ppb from the Pennsylvania apple scenario was used.

Acute risk from aggregate dietary exposure (food and water) was expressed as a percentage of the acute Population Adjusted Dose (aPAD) of 0.0063 mg/kg bw/day for women 13-49 years of age. The estimated risk from acute exposure (99.9 th percentile) was 47.3% of the aPAD

For the most highly exposed population subgroup, non-nursing infants, chronic aggregate dietary exposure (food and water) calculated using DEEM-FCID Version 2.14 was 31.6% of the cPAD. For the overall U.S. population, chronic aggregate dietary exposure was 8.8% of the cPAD.]>

<	2. Non-dietary exposure. [Glufosinate-ammonium is currently registered for use on the following non-food sites: areas around ornamentals, shade trees, Christmas trees, shrubs, walks, driveways, flower beds, farmstead buildings, in shelter belts, and along fences.  It is also registered for use as a post-emergent herbicide on farmsteads, areas associated with airports, commercial plants, storage and lumber yards, highways, educational facilities, fence lines, ditch banks, dry ditches, schools, parking lots, tank farms, pumping stations, parks, utility rights-of -way, roadsides, railroads, and other public areas and similar industrial and non-food crop areas.

The available residential exposure and risk assessment for homeowner handlers/applicators combined the short-term inhalation and short-term dermal exposure estimates since the same toxicological endpoint was selected for both routes of exposure. An ARI approach was used to estimate risk to account for the different target MOEs for residential dermal (>1000) and inhalation (>3000) exposures. These calculations showed spot treatments to result in exposure levels below HED’s level of concern (ie ARIs >1). In accordance with the HED Exposure Science Advisory Committee (ExpoSAC) guidance, the registered spot treatment use is not expected to result in significant post application exposure and thus no residential post application risk assessment is necessary.]

>

<<D. Cumulative Effects> [The Agency has not determined whether glufosinate

ammonium shares a common mechanism of toxicity with other chemical substances, and whether a cumulative assessment is warranted. If glufosinate ammonium is determined to share a common mechanism of toxicity with other substances, then methods for aggregating exposures and risks will be developed. Until glufosinate ammonium is scheduled for a common mechanism determination and a decision is made, the Agency would not a priori assume a common mechanism of toxicityexists for glufosinate ammonium and other substances.] >

<E. Safety Determination>

<	1. U.S. population.  [Using the conservative assumptions described above, based on the completeness and reliability of the toxicity data, it is concluded that chronic dietary exposure (food and water) to the registered and proposed uses of glufosinate-ammonium will utilize at most 8.8% of the chronic reference dose for the US Population. Exposures below 100% of the reference dose are generally assumed to be of no concern because the reference dose represents the level at or below which daily aggregate exposure over a lifetime will not pose appreciable risk to human health.

The acute population of concern, female 13-50 yrs. utilizes 47.3% of the aPAD and the actual exposure is likely to be far less.

It is not appropriate to aggregate non-dietary exposures with dietary exposures uses since the toxicity end-points are different. Therefore, there is a reasonable certainty that no harm will occur to the US Population from aggregate exposure (food, drinking water and nonresidential) to residues of glufosinate-ammonium and metabolites.]

>

<2. Infants and children. [The toxicological data base is sufficient for evaluating prenatal and postnatal toxicity for glufosinate-ammonium.  There are no prenatal or postnatal susceptibility concerns for infants and children, based on the results of the rat and rabbit developmental toxicity studies, the 2-generation reproduction study and the DNT.  EPA determined that retaining a data uncertainty factor of 10X at this point is appropriate for assessing the risk of glufosinate-ammonium derived residues.

Using the conservative assumptions described in the exposure section above, the percent of the cPAD that will be used for exposure to residues of glufosinate-ammonium in food and water is 31.6% for non-nursing infants, 25.7% for all infants <1 year and 17.2% for children aged 1 to 2 years. Of this, water comprises 80% of the total calculated exposure for all infants and 43% for children 1 to 2.

EPA generally has no concerns for exposures below 100 percent of the RfD, because the RfD represents the level at or below which daily aggregate exposure over a lifetime will not pose appreciable risks to human health.  Therefore, there is a reasonable certainty that no harm will occur to infants and children from aggregate exposure to residues of glufosinate-ammonium.]

>

<F. International Tolerances>

<[CODEX MRLs for glufosinate ammonium exist for the following commodities. ]

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	Maize	0.1

Maize fodder	10

Meat (from mammals other than marine mammals)	0.05

Milks	0.02

Onion, Bulb	0.05

Peas (dry)	3

Pome fruits	0.05

Potato	0.5

Poultry meat	0.05

Poultry, Edible offal of	0.1

Rape seed	5

Rape seed oil, Crude	0.05

Soya bean (dry)	2

Stone fruits	0.05

Sugar beet	0.05

Sunflower seed	5

Sunflower seed oil, crude	0.05

Tree nuts	0.1

]>

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                                 Attachment D

             Work Sheets used to Calculate Industry Labor Costs
This attachment is available as part of the electronic docket EPA-HQ-OPP-2018-0266 and is part of the ICR's Supporting Statement.

NAICS:  325300
Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing
Labor Category:
Formula
                                  Managerial
                                   Technical
                                   Clerical
Unloaded Hourly Rate1
 = W
                                    $58.18
                                    $30.26
                                    $19.92
Benefits Percentage2
Lb = B/W
                                     46.5%
                                     46.5%
                                     46.5%
Benefits per hour
B = W*Lb
                                    $27.04
                                    $14.06
                                    $9.26
Loaded Hourly Rate
Wb = W + B = W(1+Lb)
                                    $85.22
                                    $44.32
                                    $29.18
Overhead Percentage3
Lo = OH/Wb
                                      50%
                                      50%
                                      50%
Overhead per hour
OH = Wb*Lo
                                    $42.61
                                    $22.16
                                    $14.59
Fully Loaded Hourly Rate
Wf = Wb + OH
 = W + B + OH
                                   $127.82
                                    $66.48
                                    $43.76

1.  Data Source:  BLS http://www.bls.gov/oes/current/naics4_3250A1.htm     May 2017 data
     NAICS 3250A1 - Chemical Manufacturing (3251, 3252, 3253, and 3259 only)
     Standard Occupational Codes:
       Management:   11-0000, Management Occupations
       Technical:        19-0000, Life, Physical, and Social Science Occupations
       Clerical:           43-0000, Office and Administrative Support Occupations
2. Fringe benefits/wage per hour.
3. U. S. Environmental Protection Agency, EPA Air Pollution Control Cost Manual, Sixth Edition, EPA-452-02-001, January 2002, pg. 2-34.  The loading for indirect costs is within the range of 20-70% of the load labor rate (wage + benefits) suggested in EPA guidance.