[Federal Register: August 1, 2008 (Volume 73, Number 149)]
[Notices]
[Page 44987]
[DOCID:fr01au08-57]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13195-000]

FFP Missouri 14, LLC; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

July 25, 2008.
    On April 22, 2008, FFP Missouri 14, LLC (Free Flow Power
Corporation) filed an application, pursuant to section 4(f) of the
Federal Power Act, proposing to study the feasibility of the Missouri
River 14 Project, to be located in the Missouri River in Osage and
Callaway Counties, Missouri.
    The proposed Missouri River 14 project consists of: (1) 1,800
proposed 20-kilowatt Free Flow generating units having a total
installed capacity of 36-megawatts, (2) a mooring system, (3) a
proposed transmission line, and (4) appurtenant facilities. The
proposed Missouri River Project 14 would have an average annual
generation of 157,680-gigawatt-hours, which would be sold to a local
utility.
    Applicant Contact: Mr. Daniel R. Irwin, Free Flow Power
Corporation, 33 Commercial Street, Gloucester, MA 01930, phone: 978/
232-3536.
    FERC Contact: Patricia W. Gillis,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp. More information about this project can be viewed or
printed on the ``eLibrary'' link of the Commission's Web site at http:/
/www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
13195) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-17639 Filed 7-31-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 190 (Monday, October 3, 2022)]
[Rules and Regulations]
[Pages 59668-59670]
[FR Doc No: 2022-21345]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0793; Airspace Docket No. 21-AWP-59]
RIN 2120-AA66

Amendment of Class D and Class E Airspace; Grand Canyon National
Park Airport, AZ

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: This action modifies the Class E airspace designated as an
extension to a Class D or Class E surface area. It also modifies the
Class E airspace extending upward from 700 feet above the surface, and
removes the Class E airspace extending upward from 1,200 feet above the
surface at Grand Canyon National Park Airport, AZ. Additionally, this
action makes administrative changes to the existing Class D and Class E
legal descriptions. These actions will ensure the safety and management
of instrument flight rules (IFR) and visual flight rules (VFR)
operations at the airport.

DATES: Effective 0901 UTC, December 29, 2022. The Director of the
Federal Register approves this incorporation by reference under 1 CFR
part 51, subject to the annual revision of FAA Order JO 7400.11,
Airspace Designations and Reporting Points, and publication of
conforming amendments.

ADDRESSES: FAA Order JO 7400.11G, and subsequent amendments can be
viewed online atwww.faa.gov/air_traffic/publications/. For further
information, you can contact the Airspace Policy Group, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591; telephone:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Nathan A. Chaffman, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the

agency's authority. This rulemaking is promulgated under the authority
described in Subtitle VII, Part A, Subpart I, Section 40103. Under that
section, the FAA is charged with prescribing regulations to assign the
use of airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority, as it would modify the Class D and Class E airspace at Grand
Canyon National Park Airport, Grand Canyon, AZ, to support VFR and IFR
operations at the airport.

History

    The FAA published a notice of proposed rulemaking (NPRM) in the
Federal Register for FAA-2021-0793 (87 FR 39022; June 30, 2022) to
modify the Class E airspace designated as an extension to a Class D or
Class E surface area, modify the Class E airspace extending upward from
700 feet above the surface, and remove the Class E airspace extending
upward from 1,200 feet above the surface at Grand Canyon National Park
Airport, AZ. Additionally, the NPRM proposed administrative changes to
the existing Class D and Class E legal descriptions. Interested parties
were invited to participate in this rulemaking effort by submitting
written comments on the proposal to the FAA. No comments were received.
    Class D, Class E4, and Class E5 airspace designations are published
in paragraphs 5000, 6004, and 6005, respectively, of FAA Order JO
7400.11G, dated August 19, 2022, and effective September 15, 2022,
which is incorporated by reference in 14 CFR 71.1. The Class D and
Class E airspace designations listed in this document will be published
subsequently in FAA Order JO 7400.11.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11G, Airspace Designations
and Reporting Points, dated August 19, 2022, and effective September
15, 2022. FAA Order JO 7400.11G is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11G lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    The FAA is amending 14 CFR part 71 to modify the Class E airspace
designated as an extension to a Class D or Class E surface area, modify
the Class E airspace extending upward from 700 feet above the surface,
and remove the Class E airspace extending upward from 1,200 feet above
the surface at Grand Canyon National Park Airport, AZ. Additionally,
the FAA is making administrative changes to the Class D and Class E
airspace legal descriptions.
    The Class E airspace designated as an extension to a Class D or
Class E surface area is reduced. The VOR RWY 3 approach requires a
containment width of 4.8 miles, and additional airspace is not needed.
    The Class E airspace extending upward from 700 feet above the
surface is increased a half-mile in size to ensure proper depiction on
a VFR sectional chart.
    The Class E airspace extending upward from 1,200 feet above the
surface is removed. This area is contained within the Los Angeles Class
E airspace designated as a domestic en route airspace area, and
duplication is not necessary.
    Lastly, the FAA is making several administrative modifications to
the airport's legal descriptions. The airport's geographic coordinates
are updated to match the FAA's database. The Class D and Class E4 legal
descriptions are updated to replace the outdated use of the phrases
``Notice to Airmen'' and ``Airport/Facility Directory.'' These phrases
are amended to read ``Notice to Air Missions'' and ``Chart
Supplement,'' respectively, to align with current FAA publication
nomenclature. Lastly, all navigational aids (NAVAID) are removed from
the Class E4 and E5 legal description text headers, as they are not
required to describe the airspace areas, and removal of the NAVAIDs
simplifies the legal descriptions.
    Class D, E4, and E5 airspace designations are published in
paragraphs 5000, 6004, and 6005, respectively, of FAA Order JO
7400.11G, dated August 19, 2022, and effective September 15, 2022,
which is incorporated by reference in 14 CFR 71.1. The Class D and
Class E airspace designations listed in this document will be published
subsequently in FAA Order JO 7400.11.
    FAA Order JO 7400.11 is published annually and becomes effective on
September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial, and unlikely to result in adverse or negative
comments. It therefore: (1) is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT regulatory policies and procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, Environmental Impacts: Policies and Procedures,
paragraph 5-6.5a. This airspace action is not expected to cause any
potentially significant environmental impacts, and no extraordinary
circumstances exist that warrant the preparation of an environmental
assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the FAA amends 14 CFR part 71 as
follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AWP AZ D Grand Canyon, AZ [Amended]

Grand Canyon National Park Airport, AZ
    (Lat. 35[deg]57'09''N, long. 112[deg]08'49''W)

    That airspace extending upward from the surface to and including
9,100 feet MSL within a 4.3-mile radius of the airport. This Class D
airspace area is effective during the specific dates and times
established in advance by a Notice to Air Missions. The effective
date and time will thereafter be continuously published in the Chart
Supplement.

Paragraph 6004 Class E Airspace Areas Designated as an Extension to
a Class D or Class E Surface Area.

* * * * *

AWP AZ E4 Grand Canyon, AZ [Amended]

Grand Canyon National Park Airport, AZ
    (Lat. 35[deg]57'09''N, long. 112[deg]08'49''W)

    That airspace extending upward from the surface within 2.4 miles
each side of the 213[deg] bearing from the airport, extending from
the airport's 4.3-mile radius to 6.6 miles southwest of the airport.
This Class E airspace area is effective during the specific dates
and times established in advance by a Notice to Air Missions. The
effective date and time will thereafter be continuously published in
the Chart Supplement.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AWP AZ E5 Grand Canyon, AZ [Amended]

Grand Canyon National Park Airport, AZ
    (Lat. 35[deg]57'09''N, long. 112[deg]08'49''W)

    That airspace extending upward from 700 feet above the surface
within a 4.8-mile radius of the airport and within 2.9 miles each
side of the 213[deg] bearing from the airport extending from the
4.8-mile radius to 7.1 miles southwest of the airport.

    Issued in Des Moines, Washington, on September 21, 2022.
B.G. Chew,
Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2022-21345 Filed 9-30-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: July 29, 2010 (Volume 75, Number 145)]
[Notices]
[Page 44821-44826]
[DOCID:fr29jy10-88]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 29368; File No. 812-13707]

Northern Funds, et al.; Notice of Application

July 23, 2010.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application for an order pursuant to (a) section
6(c) of the Investment Company Act of 1940 (``Act'') granting an
exemption from sections 18(f) and 21(b) of the Act; (b) section
12(d)(1)(J) of the Act granting an exemption from section 12(d)(1) of
the Act; (c) sections 6(c) and 17(b) of the Act granting an exemption
from sections 17(a)(1), 17(a)(2) and 17(a)(3) of the Act; and (d)
section 17(d) of the Act and rule 17d-1 under the Act to permit certain
joint arrangements.

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Summary of the Application:  Applicants request an order that would
permit certain registered open-end management investment companies to
participate in a joint lending and borrowing facility.

Applicants:  Northern Funds (``NF''), Northern Institutional Funds
(``NIF'', each of NF and NIF a ``Trust,'' and together, the
``Trusts''), Northern Trust Investments, N.A. (``NTI''), Northern Trust
Global Investments Limited (``NTGIL''), and The Northern Trust Company
of Connecticut (``NTCC'') (each of NTI, NTGIL, and NTCC, an
``Adviser,'' and such entities together, the ``Advisers'').

Filing Dates:  The application was filed on September 30, 2009, and
amended on March 4, 2010. Applicants have agreed to file an amendment
during the notice period, the substance of which is reflected in this
notice.

Hearing or Notification of Hearing:  An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on August 17, 2010, and should be accompanied by proof of service
on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street, NE., Washington, DC 20549-1090; Applicants: NF, NIF, and NTI,
50 South LaSalle Street, Chicago, Illinois 60603; NTGIL, 50 Bank
Street, Canary Wharf, London E14 5NT, United Kingdom; NTCC, 300
Atlantic Street, Stamford, Connecticut 06901.

FOR FURTHER INFORMATION CONTACT: Steven I. Amchan, Senior Counsel, at
(202) 551-6826 or Jennifer L. Sawin, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Office of Investment Company
Regulation).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or an applicant
using the Company name box, at http://www.sec.gov/search/search.htm or
by calling<PHONE_NUMBER>.

Applicants' Representations

    1. Each Trust is organized as a Delaware statutory trust and is
registered under the Act as an open-end management investment company.
Each Trust consists of multiple series (``Funds''). Certain of the
Funds hold themselves out as money market funds in reliance on rule 2a-
7 under the Act (the ``Money Market Funds''). NTI, NTGIL, and NTCC are
each registered as an investment adviser under the Investment Advisers
Act of 1940 (``Advisers Act'') and are each indirect subsidiaries of
Northern Trust Corporation. NTI is a national banking

association and serves as the investment adviser to NIF and NF. NTGIL
is a private company with limited liability under the laws of England
and Wales and serves as co-investment adviser with NTI to the NIF
International Growth Portfolio, the NF International Growth Equity
Fund, and NF Global Fixed Income Fund.\1\ NTCC is a state bank and
trust company organized under the laws of Connecticut and serves as co-
investment adviser with NTI to certain Funds of NF that have multiple
investment sub-advisers. NTI also serves as administrator of the
Trusts.\2\
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    \1\ Beginning July 31, 2010, NTGIL will no longer be a co-
investment adviser to the NIF International Growth Portfolio and NF
International Growth Equity Fund.
    \2\ Applicants request that the relief also apply to any other
open-end registered management investment company that is advised by
an Adviser or any entity controlling, controlled by, or under common
control with an Adviser (such entity is included in the term
``Adviser'' and is or will be registered as an investment adviser
under the Advisers Act) and that currently, or in the future, is
part of the same ``group of investment companies'' as the Trusts, as
defined in section 12(d)(1)(G)(ii) of the Act (included in the term
``Trusts''). All entities that currently intend to rely on the
requested order have been named as applicants. Any other entity that
relies on the requested order in the future will comply with the
terms and conditions set forth in the application.
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    2. At any particular time, while some Funds enter into repurchase
agreements, or invest their cash balances in Money Market Funds or
other short-term instruments, other Funds may need to borrow money for
temporary purposes to satisfy redemption requests, to cover
unanticipated cash shortfalls such as a trade ``fail'' in which cash
payment for a security sold by a Fund has been delayed, or for other
temporary purposes. Currently, the Trusts have a $100 million revolving
bank credit agreement administered by a bank (the ``Committed Credit
Facility'') for short-term temporary purposes.
    3. When a Fund borrows money under the Committed Credit Facility,
it pays interest on the loan at a rate that is significantly higher
than the rate that is earned by other (non-borrowing) Funds on
investments in repurchase agreements, Money Market Funds, and other
short-term instruments of the same maturity as the bank loan.
Applicants assert that this differential represents the profit earned
by the lender on loans and is not attributable to any material
difference in the credit quality or risk of such transactions.
    4. The Trusts seek to enter into master interfund lending
agreements (``Interfund Lending Agreements'') with each other on behalf
of the Funds that would permit each Fund to lend money directly to and
borrow directly from other Funds through a credit facility for
temporary purposes (an ``Interfund Loan''). The Money Market Funds
typically will not participate as borrowers in the proposed credit
facility. Applicants state that the proposed credit facility would both
substantially reduce the Funds' potential borrowing costs and enhance
the ability of the lending Funds to earn higher rates of interest on
their short-term lendings. Although the proposed credit facility would
substantially reduce the Funds' need to borrow from banks, the Funds
would be free to establish and maintain committed lines of credit or
other borrowing arrangements with unaffiliated banks.
    5. Applicants anticipate that the proposed credit facility would
provide a borrowing Fund with significant savings at times when the
cash position of the borrowing Fund is insufficient to meet temporary
cash requirements. This situation could arise when shareholder
redemptions exceed anticipated volumes and certain Funds have
insufficient cash on hand to satisfy such redemptions. When the Funds
liquidate portfolio securities to meet redemption requests, they often
do not receive payment in settlement for up to three days (or longer
for certain foreign transactions). However, redemption requests
normally are effected immediately. The proposed credit facility would
provide a source of immediate, short-term liquidity pending settlement
of the sale of portfolio securities.
    6. Applicants also anticipate that a Fund could use the proposed
credit facility when a sale of securities ``fails'' due to
circumstances beyond the Fund's control, such as a delay in the
delivery of cash to the Fund's custodian or improper delivery
instructions by the broker effecting the transaction. ``Sales fails''
may present a cash shortfall if the Fund has undertaken to purchase a
security using the proceeds from securities sold. Alternatively, the
Fund could ``fail'' on its intended purchase due to lack of funds from
the previous sale, resulting in additional cost to the Fund, or sell a
security on a same-day settlement basis, earning a lower return on the
investment. Use of the proposed credit facility under these
circumstances would enable the Fund to have access to immediate short-
term liquidity.
    7. While bank borrowings generally could supply needed cash to
cover unanticipated redemptions and sales fails, under the proposed
credit facility, a borrowing Fund would pay lower interest rates than
those that would be payable under short-term loans offered by banks. In
addition, Funds making short-term cash loans directly to other Funds
would earn interest at a rate higher than they otherwise could obtain
from investing their cash in repurchase agreements or Money Market
Funds. Thus, applicants assert that the proposed credit facility would
benefit both borrowing and lending Funds.
    8. The interest rate to be charged to the Funds on any Interfund
Loan (the ``Interfund Loan Rate'') would be the average of the ``Repo
Rate'' and the ``Bank Loan Rate,'' both as defined below. The Repo Rate
for any day would be the highest or best (after giving effect to
factors such as the credit quality of the counterparty) rate available
to a lending Fund from investment in overnight repurchase agreements
with counterparties approved by the Fund or its Adviser. The Bank Loan
Rate for any day would be calculated by the Interfund Lending
Committee, as defined below, each day an Interfund Loan is made
according to a formula established by each Fund's board of trustees
(the ``Trustees'') intended to approximate the lowest interest rate at
which bank short-term loans would be available to the Funds. The
formula would be based upon a publicly available rate (e.g., Federal
funds plus 25 basis points) and would vary with this rate so as to
reflect changing bank loan rates. The initial formula and any
subsequent modifications to the formula would be subject to the
approval of each Fund's Trustees. In addition, each Fund's Trustees
would periodically review the continuing appropriateness of using the
formula to determine the Bank Loan Rate, as well as the relationship
between the Bank Loan Rate and current bank loan rates that would be
available to the Funds.
    9. The proposed credit facility would be administered by investment
professionals and administrative personnel from one or more of the
Advisers (the ``Interfund Lending Committee''). No portfolio manager of
any Fund will serve as a member of the Interfund Lending Committee.
Under the proposed credit facility, the portfolio managers for each
participating Fund could provide standing instructions to participate
daily as a borrower or lender. The Interfund Lending Committee on each
business day would collect data on the uninvested cash and borrowing
requirements of all participating Funds. Once it had determined the
aggregate amount of cash available for loans and borrowing demand, the
Interfund Lending Committee would allocate loans among borrowing Funds
without any further communication from the

portfolio managers of the Funds. Applicants anticipate that there
typically will be far more available uninvested cash each day than
borrowing demand. Therefore, after the Interfund Lending Committee has
allocated cash for Interfund Loans, the Interfund Lending Committee
will invest any remaining cash in accordance with the standing
instructions of the portfolio managers or such remaining amounts will
be invested directly by the portfolio managers of the Funds.
    10. The Interfund Lending Committee would allocate borrowing demand
and cash available for lending among the Funds on what the Interfund
Lending Committee believes to be an equitable basis, subject to certain
administrative procedures applicable to all Funds, such as the time of
filing requests to participate, minimum loan lot sizes, and the need to
minimize the number of transactions and associated administrative
costs. To reduce transaction costs, each loan normally would be
allocated in a manner intended to minimize the number of participants
necessary to complete the loan transaction. The method of allocation
and related administrative procedures would be approved by each Fund's
Trustees, including a majority of Trustees who are not ``interested
persons'' of the Fund, as that term is defined in section 2(a)(19) of
the Act (``Independent Trustees''), to ensure that both borrowing and
lending Funds participate on an equitable basis.
    11. The Advisers would: (a) Monitor the Interfund Loan Rate and the
other terms and conditions of the loans; (b) limit the borrowings and
loans entered into by each Fund to ensure that they comply with the
Fund's investment policies and limitations; (c) ensure equitable
treatment of each Fund; and (d) make quarterly reports to the Trustees
concerning any transactions by the Funds under the proposed credit
facility and the Interfund Loan Rate charged.
    12. Each Adviser, through the Interfund Lending Committee, would
administer the proposed credit facility as a disinterested fiduciary as
part of its duties under the investment management contract with each
Fund and would receive no additional fee as compensation for its
services in connection with the administration of the proposed credit
facility. An Adviser may collect standard pricing, record keeping,
bookkeeping and accounting fees associated with the transfer of cash
and/or securities in connection with repurchase and lending
transactions generally, including transactions effected through the
proposed credit facility. Such fees would be no higher than those
applicable for comparable bank loan transactions.
    13. No Fund may participate in the proposed credit facility unless:
(a) The Fund has obtained shareholder approval for its participation,
if such approval is required by law; (b) the Fund has fully disclosed
all material information concerning the credit facility in its
prospectus and/or statement of additional information; and (c) the
Fund's participation in the credit facility is consistent with its
investment objectives, limitations and organizational documents.
    14. In connection with the credit facility, applicants request an
order under section 6(c) of the Act exempting them from the provisions
of sections 18(f) and 21(b) of the Act; under section 12(d)(1)(J) of
the Act exempting them from section 12(d)(1) of the Act; under sections
6(c) and 17(b) of the Act exempting them from sections 17(a)(1),
17(a)(2), and 17(a)(3) of the Act; and under section 17(d) of the Act
and rule 17d-1 under the Act to permit certain joint arrangements.

Applicants' Legal Analysis

    1. Section 17(a)(3) of the Act generally prohibits any affiliated
person of a registered investment company, or affiliated person of an
affiliated person, from borrowing money or other property from the
registered investment company. Section 21(b) of the Act generally
prohibits any registered management company from lending money or other
property to any person, directly or indirectly, if that person controls
or is under common control with that company. Section 2(a)(3)(C) of the
Act defines an ``affiliated person'' of another person, in part, to be
any person directly or indirectly controlling, controlled by, or under
common control with, such other person. Section 2(a)(9) of the Act
defines ``control'' as the ``power to exercise a controlling influence
over the management or policies of a company,'' but excludes
circumstances in which ``such power is solely the result of an official
position with such company.'' Applicants state that the Funds may be
under common control by virtue of having common investment advisers
and/or by having common Trustees and officers.
    2. Section 6(c) of the Act provides that an exemptive order may be
granted where an exemption is necessary or appropriate in the public
interest and consistent with the protection of investors and the
purposes fairly intended by the policy and provisions of the Act.
Section 17(b) of the Act authorizes the Commission to exempt a proposed
transaction from section 17(a) provided that the terms of the
transaction, including the consideration to be paid or received, are
fair and reasonable and do not involve overreaching on the part of any
person concerned, and the transaction is consistent with the policy of
the investment company as recited in its registration statement and
with the general purposes of the Act. Applicants believe that the
proposed arrangements satisfy these standards for the reasons discussed
below.
    3. Applicants assert that sections 17(a)(3) and 21(b) of the Act
were intended to prevent a party with strong potential adverse
interests to, and some influence over the investment decisions of, a
registered investment company from causing or inducing the investment
company to engage in lending transactions that unfairly inure to the
benefit of such party and that are detrimental to the best interests of
the investment company and its shareholders. Applicants assert that the
proposed credit facility transactions do not raise these concerns
because: (a) Each Adviser, through the Interfund Lending Committee,
would administer the program as a disinterested fiduciary as part of
its duties under the investment management contract with each Fund; (b)
all Interfund Loans would consist only of uninvested cash reserves that
the lending Fund otherwise would invest in short-term repurchase
agreements or other short-term instruments either directly or through a
Money Market Fund; (c) the Interfund Loans would not involve a
significantly greater risk than such other investments; (d) the lending
Fund would receive interest at a rate higher than it could otherwise
obtain through such other investments; and (e) the borrowing Fund would
pay interest at a rate lower than otherwise available to it under its
bank loan agreements and avoid some up-front commitment fees associated
with committed lines of credit. Moreover, applicants assert that the
other terms and conditions that applicants propose also would
effectively preclude the possibility of any Fund obtaining an undue
advantage over any other Fund.
    4. Section 17(a)(1) of the Act generally prohibits an affiliated
person of a registered investment company, or any affiliated person of
such a person, from selling securities or other property to the
investment company. Section 17(a)(2) of the Act generally prohibits an
affiliated person of a registered investment company, or any affiliated
person of such a person, from purchasing securities or other property

from the investment company. Section 12(d)(1) of the Act generally
prohibits a registered investment company from purchasing or otherwise
acquiring any security issued by any other investment company except in
accordance with the limitations set forth in that section.
    5. Applicants state that the obligation of a borrowing Fund to
repay an Interfund Loan could be deemed to constitute a security for
the purposes of sections 17(a)(1) and 12(d)(1). Applicants also state
that any pledge of assets in connection with an Interfund Loan could be
construed as a purchase of the borrowing Fund's securities or other
property for purposes of section 17(a)(2) of the Act. Section
12(d)(1)(J) of the Act provides that the Commission may exempt persons
or transactions from any provision of section 12(d)(1) if and to the
extent that such exemption is consistent with the public interest and
the protection of investors. Applicants contend that the standards
under sections 6(c), 17(b), and 12(d)(1)(J) are satisfied for all the
reasons set forth above in support of their request for relief from
sections 17(a)(3) and 21(b) and for the reasons discussed below.
Applicants also state that the requested relief from section 17(a)(2)
of the Act meets the standards of section 6(c) and 17(b) because any
collateral pledged to secure an Interfund Loan would be subject to the
same conditions imposed by any other lender to a Fund that imposes
conditions on the quality of or access to collateral for a borrowing
(if the lender is another Fund) or the same or better conditions (in
any other circumstance).
    6. Applicants state that section 12(d)(1) was intended to prevent
the pyramiding of investment companies in order to avoid imposing on
investors additional and duplicative costs and fees attendant upon
multiple layers of investments. Applicants submit that the proposed
credit facility does not involve these abuses. Applicants note that
there will be no duplicative costs or fees to the Funds or their
shareholders, and that each Adviser will receive no additional
compensation for its services in administering the credit facility.
Applicants also note that the purpose of the proposed credit facility
is to provide economic benefits for all the participating Funds and
their shareholders.
    7. Section 18(f)(1) of the Act prohibits open-end investment
companies from issuing any senior security except that a company is
permitted to borrow from any bank, provided, that immediately after the
borrowing, there is asset coverage of at least 300 per centum for all
borrowings of the company. Under section 18(g) of the Act, the term
``senior security'' generally includes any bond, debenture, note or
similar obligation or instrument constituting a security and evidencing
indebtedness. Applicants request exemptive relief under section 6(c)
from section 18(f)(1) to the limited extent necessary to implement the
proposed credit facility (because the lending Funds are not banks).
    8. Applicants believe that granting relief under section 6(c) is
appropriate because the Funds would remain subject to the requirement
of section 18(f)(1) that all borrowings of a Fund, including combined
interfund and bank borrowings, have at least 300% asset coverage. Based
on the conditions and safeguards described in the application,
applicants also submit that to allow the Funds to borrow from other
Funds pursuant to the proposed credit facility is consistent with the
purposes and policies of section 18(f)(1).
    9. Section 17(d) of the Act and rule 17d-1 under the Act generally
prohibit an affiliated person of a registered investment company, or
any affiliated person of such a person, when acting as principal, from
effecting any joint transaction in which the investment company
participates, unless, upon application, the transaction has been
approved by the Commission. Rule 17d-1(b) under the Act provides that
in passing upon an application filed under the rule, the Commission
will consider whether the participation of the registered investment
company in a joint enterprise on the basis proposed is consistent with
the provisions, policies and purposes of the Act and the extent to
which such participation is on a basis different from or less
advantageous than that of the other participants.
    10. Applicants assert that the purpose of section 17(d) is to avoid
overreaching by and unfair advantage to insiders. Applicants assert
that the proposed credit facility is consistent with the provisions,
policies and purposes of the Act in that it offers both reduced
borrowing costs and enhanced returns on loaned funds to all
participating Funds and their shareholders. Applicants note that each
Fund would have an equal opportunity to borrow and lend on equal terms
consistent with its investment policies and fundamental investment
limitations. Applicants assert that each Fund's participation in the
proposed credit facility would be on terms that are no different from
or less advantageous than that of other participating Funds.

Applicants' Conditions

    Applicants agree that any order granting the requested relief will
be subject to the following conditions:
    1. The Interfund Loan Rate will be the average of the Repo Rate and
the Bank Loan Rate.
    2. On each business day, the Interfund Lending Committee will
compare the Bank Loan Rate with the Repo Rate and will make cash
available for Interfund Loans only if the Interfund Loan Rate is: (a)
More favorable to the lending Fund than the Repo Rate and, if
applicable, the yield of any money market fund in which the lending
Fund could otherwise invest; and (b) more favorable to the borrowing
Fund than the Bank Loan Rate.
    3. If a Fund has outstanding bank borrowings, any Interfund Loans
to the Fund: (a) Will be at an interest rate equal to or lower than the
interest rate of any outstanding bank loan; (b) will be secured at
least on an equal priority basis with at least an equivalent percentage
of collateral to loan value as any outstanding bank loan that requires
collateral; (c) will have a maturity no longer than any outstanding
bank loan (and in any event not over seven days); and (d) will provide
that, if an event of default by the Fund occurs under any agreement
evidencing an outstanding bank loan to the Fund, that event of default
will automatically (without need for action or notice by the lending
Fund) constitute an immediate event of default under the Interfund
Lending Agreement entitling the lending Fund to call the Interfund Loan
(and exercise all rights with respect to any collateral) and that such
call will be made if the lending bank exercises its right to call its
loan under its agreement with the borrowing Fund.
    4. A Fund may make an unsecured borrowing through the proposed
credit facility if its outstanding borrowings from all sources
immediately after the interfund borrowing total 10% or less of its
total assets, provided that if the Fund has a secured loan outstanding
from any other lender, including but not limited to another Fund, the
Fund's interfund borrowing will be secured on at least an equal
priority basis with at least an equivalent percentage of collateral to
loan value as any outstanding loan that requires collateral. If a
Fund's total outstanding borrowings immediately after an interfund
borrowing would be greater than 10% of its total assets, the Fund may
borrow through the proposed credit facility only on a secured basis. A
Fund may not borrow through the proposed credit facility or from any
other source if its total outstanding

borrowings immediately after such borrowing would be more than 33\1/3\%
of its total assets.
    5. Before any Fund that has outstanding interfund borrowings may,
through additional borrowings, cause its outstanding borrowings from
all sources to exceed 10% of its total assets, the Fund must first
secure each outstanding Interfund Loan by the pledge of segregated
collateral with a market value at least equal to 102% of the
outstanding principal value of the loan. If the total outstanding
borrowings of a Fund with outstanding Interfund Loans exceed 10% of its
total assets for any other reason (such as a decline in net asset value
or because of shareholder redemptions), the Fund will within one
business day thereafter: (a) Repay all of its outstanding Interfund
Loans; (b) reduce its outstanding indebtedness to 10% or less of its
total assets; or (c) secure each outstanding Interfund Loan by the
pledge of segregated collateral with a market value at least equal to
102% of the outstanding principal value of the loan until the Fund's
total outstanding borrowings cease to exceed 10% of its total assets,
at which time the collateral called for by this condition 5 shall no
longer be required. Until each Interfund Loan that is outstanding at
any time that a Fund's total outstanding borrowings exceed 10% is
repaid or the Fund's total outstanding borrowings cease to exceed 10%
of its total assets, the Fund will mark the value of the collateral to
market each day and will pledge such additional collateral as is
necessary to maintain the market value of the collateral that secures
each outstanding Interfund Loan at least equal to 102% of the
outstanding principal value of the Interfund Loan.
    6. No Fund may lend to another Fund through the proposed credit
facility if the loan would cause its aggregate outstanding loans
through the proposed credit facility to exceed 15% of the lending
Fund's current net assets at the time of the loan.
    7. A Fund's Interfund Loans to any one Fund shall not exceed 5% of
the lending Fund's net assets.
    8. The duration of Interfund Loans will be limited to the time
required to receive payment for securities sold, but in no event more
than seven days. Loans effected within seven days of each other will be
treated as separate loan transactions for purposes of this condition.
    9. A Fund's borrowings through the proposed credit facility, as
measured on the day when the most recent loan was made, will not exceed
the greater of 125% of the Fund's total net cash redemptions for the
preceding seven calendar days or 102% of the Fund's sales fails for the
preceding seven calendar days.
    10. Each Interfund Loan may be called on one business day's notice
by a lending Fund and may be repaid on any day by a borrowing Fund.
    11. A Fund's participation in the proposed credit facility must be
consistent with its investment objectives and limitations and
organizational documents.
    12. The Interfund Lending Committee will calculate total Fund
borrowing and lending demand through the proposed credit facility, and
allocate loans on an equitable basis among the Funds, without the
intervention of any portfolio manager of the Funds. The Interfund
Lending Committee will not solicit cash for the proposed credit
facility from any Fund or prospectively publish or disseminate loan
demand data to portfolio managers. The Interfund Lending Committee will
invest any amounts remaining after satisfaction of borrowing demand in
accordance with the standing instructions of the portfolio managers or
such remaining amounts will be invested directly by the portfolio
managers of the Funds.
    13. The Interfund Lending Committee will monitor the Interfund Loan
Rate and the other terms and conditions of the Interfund Loans and will
make a quarterly report to the Trustees of each Fund concerning the
participation of the Funds in the proposed credit facility and the
terms and other conditions of any extensions of credit under the credit
facility.
    14. The Trustees of each Fund, including a majority of the
Independent Trustees, will:
    (a) Review, no less frequently than quarterly, the Fund's
participation in the proposed credit facility during the preceding
quarter for compliance with the conditions of any order permitting such
transactions;
    (b) Establish the Bank Loan Rate formula used to determine the
interest rate on Interfund Loans and review, no less frequently than
annually, the continuing appropriateness of the Bank Loan Rate formula;
and
    (c) Review, no less frequently than annually, the continuing
appropriateness of the Fund's participation in the proposed credit
facility.
    15. In the event an Interfund Loan is not paid according to its
terms and such default is not cured within two business days from its
maturity or from the time the lending Fund makes a demand for payment
under the provisions of the Interfund Lending Agreement, an Adviser
will promptly refer such loan for arbitration to an independent
arbitrator selected by the Trustees of each Fund involved in the loan
who will serve as arbitrator of disputes concerning Interfund Loans.\3\
The arbitrator will resolve any problem promptly, and the arbitrator's
decision will be binding on both Funds. The arbitrator will submit, at
least annually, a written report to the Trustees setting forth a
description of the nature of any dispute and the actions taken by the
Funds to resolve the dispute.
---------------------------------------------------------------------------

    \3\ If the dispute involves Funds with different Trustees, the
respective Trustees of each Fund will select an independent
arbitrator that is satisfactory to each Fund.
---------------------------------------------------------------------------

    16. Each Fund will maintain and preserve for a period of not less
than six years from the end of the fiscal year in which any transaction
by it under the proposed credit facility occurred, the first two years
in an easily accessible place, written records of all such transactions
setting forth a description of the terms of the transactions, including
the amount, the maturity and the Interfund Loan Rate, the rate of
interest available at the time each Interfund Loan is made on overnight
repurchase agreements and commercial bank borrowings, the yield of any
money market fund in which the lending Fund could otherwise invest, and
such other information presented to the Fund's Trustees in connection
with the review required by conditions 13 and 14.
    17. The Advisers will prepare and submit to the Trustees for review
an initial report describing the operations of the proposed credit
facility and the procedures to be implemented to ensure that all Funds
are treated fairly. After the commencement of the proposed credit
facility, the Advisers will report on the operations of the proposed
credit facility at the Trustees' quarterly meetings.
    Each Fund's chief compliance officer, as defined in rule 38a-
1(a)(4) under the Act, shall prepare an annual report for its Trustees
each year that the Fund participates in the proposed credit facility,
that evaluates the Fund's compliance with the terms and conditions of
the application and the procedures established to achieve such
compliance. Each Fund's chief compliance officer will also annually
file a certification pursuant to Item 77Q3 of Form N-SAR as such Form
may be revised, amended or superseded from time to time, for each year
that the Fund participates in the proposed credit facility, that
certifies that the Fund and the Advisers have established procedures
reasonably designed to

achieve compliance with the terms and conditions of the order. In
particular, such certification will address procedures designed to
achieve the following objectives:
    (a) That the Interfund Loan Rate will be higher than the Repo Rate
and, if applicable, the yield of the money market funds, but lower than
the Bank Loan Rate;
    (b) Compliance with the collateral requirements as set forth in the
application;
    (c) Compliance with the percentage limitations on interfund
borrowing and lending;
    (d) Allocation of interfund borrowing and lending demand in an
equitable manner and in accordance with procedures established by the
Trustees; and
    (e) That the Interfund Loan Rate does not exceed the interest rate
on any third party borrowings of a borrowing Fund at the time of the
Interfund Loan.
    Additionally, each Fund's independent public accountants, in
connection with their audit examination of the Fund, will review the
operation of the proposed credit facility for compliance with the
conditions of the application and their review will form the basis, in
part, of the auditor's report on internal accounting controls in Form
N-SAR.
    18. No Fund will participate in the proposed credit facility upon
receipt of requisite regulatory approval unless it has fully disclosed
in its prospectus and/or statement of additional information all
material facts about its intended participation.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-18675 Filed 7-28-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 76, Number 221 (Wednesday, November 16, 2011)]
[Notices]
[Pages 71111-71112]
[FR Doc No: 2011-29630]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2011-0194]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to exempt sixteen individuals
from its rule prohibiting persons with insulin-treated diabetes
mellitus (ITDM) from operating commercial motor vehicles (CMVs) in
interstate commerce. The exemptions will enable these individuals to
operate CMVs in interstate commerce.

DATES: The exemptions are effective November 16, 2011. The exemptions
expire on November 16, 2013.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Room
W64-224, Department of Transportation, 1200 New Jersey Avenue SE.,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of DOT's dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, or other
entity). You may review DOT's Privacy Act Statement for the Federal
Docket Management System (FDMS) published in the Federal Register on
January 17, 2008 (73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

Background

    On October 3, 2011, FMCSA published a notice of receipt of Federal
diabetes exemption applications from sixteen individuals and requested
comments from the public (76 FR 61140). The public comment period
closed on November 2, 2011. No comments were received.
    FMCSA has evaluated the eligibility of the sixteen applicants and
determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to or

greater than the level that would be achieved by complying with the
current regulation 49 CFR 391.41(b)(3).

Diabetes Mellitus and Driving Experience of the Applicants

    The Agency established the current requirement for diabetes in 1970
because several risk studies indicated that drivers with diabetes had a
higher rate of crash involvement than the general population. The
diabetes rule provides that ``A person is physically qualified to drive
a commercial motor vehicle if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control.''

(49 CFR 391.41(b)(3))

    FMCSA established its diabetes exemption program, based on the
Agency's July 2000 study entitled ``A Report to Congress on the
Feasibility of a Program to Qualify Individuals with Insulin-Treated
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the
Transportation Act for the 21st Century.'' The report concluded that a
safe and practicable protocol to allow some drivers with ITDM to
operate CMVs is feasible. The September 3, 2003 (68 FR 52441) Federal
Register notice in conjunction with the November 8, 2005 (70 FR 67777)
Federal Register notice provides the current protocol for allowing such
drivers to operate CMVs in interstate commerce.
    These sixteen applicants have had ITDM over a range of 1 to 26
years. These applicants report no severe hypoglycemic reactions
resulting in loss of consciousness or seizure, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning symptoms in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the past 5 years.
In each case, an endocrinologist verified that the driver has
demonstrated a willingness to properly monitor and manage his/her
diabetes mellitus, received education related to diabetes management,
and is on a stable insulin regimen. These drivers report no other
disqualifying conditions, including diabetes-related complications.
Each meets the vision requirement at 49 CFR 391.41(b)(10).
    The qualifications and medical condition of each applicant were
stated and discussed in detail in the October 3, 2011, Federal Register
notice and they will not be repeated in this notice.

Discussion of Comment

    FMCSA did not receive any comments in this proceeding.

Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the diabetes requirement in 49 CFR 391.41(b)(3) if the exemption
is likely to achieve an equivalent or greater level of safety than
would be achieved without the exemption. The exemption allows the
applicants to operate CMVs in interstate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA
considered medical reports about the applicants' ITDM and vision, and
reviewed the treating endocrinologists' medical opinion related to the
ability of the driver to safely operate a CMV while using insulin.
    Consequently, FMCSA finds that in each case exempting these
applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is
likely to achieve a level of safety equal to that existing without the
exemption.

Conditions and Requirements

    The terms and conditions of the exemption will be provided to the
applicants in the exemption document and they include the following:
(1) That each individual submit a quarterly monitoring checklist
completed by the treating endocrinologist as well as an annual
checklist with a comprehensive medical evaluation; (2) that each
individual reports within 2 business days of occurrence, all episodes
of severe hypoglycemia, significant complications, or inability to
manage diabetes; also, any involvement in an accident or any other
adverse event in a CMV or personal vehicle, whether or not it is
related to an episode of hypoglycemia; (3) that each individual provide
a copy of the ophthalmologist's or optometrist's report to the medical
examiner at the time of the annual medical examination; and (4) that
each individual provide a copy of the annual medical certification to
the employer for retention in the driver's qualification file, or keep
a copy in his/her driver's qualification file if he/she is self-
employed. The driver must also have a copy of the certification when
driving, for presentation to a duly authorized Federal, State, or local
enforcement official.

Conclusion

    Based upon its evaluation of the sixteen exemption applications,
FMCSA exempts Mark D. Anderson, David A. Basher, Brian H. Berthiaume,
Eric D. Blocker, Sr., Barry W. Campbell, Kevin M. Donohue, Milton T.
Gardiner, Raymond A. Jack, Quency T. Johnson, Kenny B. Keels, Jr., Gene
A. Michaels, Jason M. Pritchett, Steven R. Sibert, Cassie J.
Silbernagel, Lewis B. Taylor and James A. Terilli from the ITDM
requirement in 49 CFR 391.41(b)(3), subject to the conditions listed
under ``Conditions and Requirements'' above.
    In accordance with 49 U.S.C. 31136(e) and 31315 each exemption will
be valid for two years unless revoked earlier by FMCSA. The exemption
will be revoked if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315. If the exemption is
still effective at the end of the 2-year period, the person may apply
to FMCSA for a renewal under procedures in effect at that time.

    Issued on: November 9, 2011.
Larry W. Minor,
Associate Administrator, Office of Policy.
[FR Doc. 2011-29630 Filed 11-15-11; 8:45 am]
BILLING CODE 4910-EX-P


FIRST AID

If swallowed

	Call a poison control center or doctor immediately for treatment
advice.

Have person sip a glass of water if able to swallow.

Do not induce vomiting unless told to do so by a poison control center
or doctor.

Do not give anything to an unconscious person.

If on skin or clothing	Take off contaminated clothing.

Rinse skin immediately with plenty of soap and water for 15-20 minutes.

Call a poison control center or doctor for treatment advice.

Have the product container or label with you when calling a poison
control center or doctor, or going for treatment.

HOT LINE NUMBER

For 24-Hour Medical Emergency Assistance (Human or Animal)

Call 1-888-484-7546.

For Chemical Emergency, Spill, Leak, Fire or Accident, Call CHEMTREC
1-800-424-9300.

GROUP	  7	FUNGICIDE

ISOFETAMID 400SC

FUNGICIDE

ACTIVE INGREDIENT: Isofetamid*	36.0%

OTHER INGREDIENTS:	64.0%

Total	100.0%

*N-[1,1-dimethyl-2-[2-methyl-4-(1-methylethoxy)phenyl]-

2-oxoethyl]-3-methyl-2-thiophenecarboxamide

Contains 3.33 pounds Isofetamid Per Gallon (400 grams per liter)

KEEP OUT OF REACH OF CHILDREN

CAUTION

See side panel for additional precautionary statements.

Read entire label carefully and use only as directed.

ISK Biosciences Corporation

7470 Auburn Road, Suite A

Concord, Ohio 44077 U.S.A.

EPA Reg. No. 	71512-EE		EPA Est. No.

Active Ingredient Made in Japan

Formulated in

Net Contents:

PRECAUTIONARY STATEMENTS

HAZARDS TO HUMANS AND DOMESTIC ANIMALS

CAUTION

Harmful if swallowed or absorbed through skin.  Avoid contact with skin,
eyes or clothing.  Wash thoroughly with soap and water after handling
and before eating, drinking, chewing gum, using tobacco or using the
toilet. Remove and wash contaminated clothing before reuse.

Personal Protective Equipment (PPE)

Applicators and other handlers must wear long-sleeved shirt and long
pants, socks, shoes, and chemical resistant gloves made of any
waterproof material.

Follow manufacturer’s instructions for cleaning/ maintaining PPE. If
no such instructions for washables, use detergent and hot water. Keep
and wash PPE separately from other laundry.

Engineering Control Statements

When handlers use closed systems, enclosed cabs, or aircraft in a manner
that meets the requirements listed in the Worker Protection Standard
(WPS) for agricultural pesticides [40 CFR 170.240(d)(4-6)], the handler
PPE requirements may be reduced or modified as specified in the WPS.

User Safety Recommendations

Users should:

Wash hands before eating, drinking, chewing gum, using tobacco or using
the toilet.

Remove clothing/PPE immediately if pesticide gets inside.  Then wash
thoroughly and put on clean clothing.

Remove PPE immediately after handling this product.  Wash the outside of
gloves before removing.  As soon as possible, wash thoroughly and change
into clean clothing.

ENVIRONMENTAL HAZARDS

This pesticide is toxic to oysters. DO NOT apply directly to water, or
to areas where surface water is present or to intertidal areas below the
mean high water mark. DO NOT contaminate waters when disposing of
equipment washwaters or rinsate.  Do not apply when weather conditions
favor drift from the treated areas.  Drift and runoff may be hazardous
to aquatic organisms in water adjacent to treated areas.

AVOIDING SPRAY DRIFT AT THE APPLICATION SITE IS THE RESPONSIBILITY OF
THE APPLICATOR.  The interaction of many equipment-and-weather-related
factors determine the potential for spray drift.  The applicator is
responsible for considering all these factors when making decisions.
Where states have more stringent regulations, they must be observed.

STORAGE AND DISPOSAL

DO NOT contaminate water, food or feed by storage or disposal.

PESTICIDE STORAGE:  Store in original container, in a secured, dry, cool
place separate from fertilizer, food, and feed.  Avoid
cross-contamination with other pesticides.

PESTICIDE DISPOSAL:  Pesticide wastes may be hazardous.  Improper
disposal of excess pesticide, spray mixture or rinsate is a violation of
Federal law.  If these wastes cannot be disposed of by use according to
label instructions, contact your State Pesticide or Environmental
Control Agency or the Hazardous Waste representative at the nearest EPA
Regional Office for guidance.

CONTAINER HANDLING: Nonrefillable container (equal to or less than 5
gallons). DO NOT reuse or refill this container.  Triple rinse container
(or equivalent) promptly after emptying.  Triple rinse as follows: Empty
the remaining contents into application equipment or a mix tank and
drain for 10 seconds after the flow begins to drip.  Fill the container
¼ full with water and recap.  Shake for 10 seconds.  Pour rinsate into
application equipment or a mix tank or store rinsate for later use or
disposal.  Drain for 10 seconds after the flow begins to drip.  Repeat
this procedure two more times.  Then offer for recycling if available,
or puncture and dispose of in a sanitary landfill, or by incineration
or, if allowed by state and local authorities, by burning.  If burned,
stay out of smoke.

Nonrefillable container (greater than 5 gallons). DO NOT reuse or refill
this container.  Triple rinse container (or equivalent) promptly after
emptying. Triple rinse as follows: Empty the remaining contents into
application equipment or a mix tank.  Fill the container ¼ full with
water.  Recap and tighten closures.  Tip container on its side and roll
it back and forth, ensuring at least one complete revolution, for 30
seconds.  Stand the container on its end and tip it back and forth
several times.  Turn the container over onto its other end and tip it
back and forth several times.  Empty rinsate into application equipment
or a mix tank or store rinsate for later use or disposal.  Repeat this
procedure two more times. Then offer for recycling if available, or
puncture and dispose of in a sanitary landfill, or by incineration or,
if allowed by state and local authorities, by burning.  If burned, stay
out of smoke.

DIRECTIONS FOR USE

It is a violation of Federal law to use this product in a manner
inconsistent with its labeling.

DO NOT apply this product in a way that will contact workers or other
persons, either directly or through drift.  Only protected handlers may
be in the area during application.  For any requirements specific to
your State or Tribe, consult the agency responsible for pesticide
regulation.

AGRICULTURAL USE REQUIREMENTS

Use this product only in accordance with its labeling and with the
Worker Protection Standard, 40 CFR Part 170.  This Standard contains
requirements for the protection of agricultural workers on farms,
forests, nurseries, and greenhouses and handlers of agricultural
pesticides.  It contains requirements for training, decontamination,
notification, and emergency assistance.  It also contains specific
instructions and exceptions pertaining to the statements on this label
about personal protective equipment (PPE), and restricted-entry
interval.  The requirements in this box only apply to uses of this
product that are covered by the Worker Protection Standard.

DO NOT enter or allow worker entry into treated areas during the
restricted entry interval (REI) of twelve (12) hours.

PPE required for early entry into treated areas that is permitted under
the Worker Protection Standard and that involves contact with anything
that has been treated, such as plants, soil, or water, is: coveralls,
chemical resistant gloves made of any waterproof material, shoes plus
socks.

FAILURE TO FOLLOW THE USE DIRECTIONS AND PRECAUTIONS ON THIS LABEL MAY
RESULT IN PLANT INJURY OR POOR DISEASE CONTROL.

PRODUCT INFORMATION

ISOFETAMID is a broad-spectrum fungicide with preventative, systemic and
curative properties for foliar and soil-borne diseases.  ISOFETAMID must
be applied in scheduled protective programs and used in rotation with
products with a different mode of action.

MIXING AND SPRAYING

ISOFETAMID 400SC can be used effectively in dilute or concentrate
sprays.  Thorough, uniform coverage is essential for disease control.

NOTE: Slowly invert container several times to assure uniform mixture of
formulation before adding this product to the spray tank.

Dosage rates on this label indicate fluid ounces of ISOFETAMID 400SC per
acre, unless otherwise stated.  Under conditions highly favorable for
disease development, the highest rate specified and shortest application
interval should be used.

ISOFETAMID 400SC may be applied with all types of spray equipment
normally used for ground, chemigation through sprinkler irrigation and
aerial applications.

The required amount of ISOFETAMID 400SC should be added slowly into the
spray tank during filling.  With concentrate sprays, pre-mix the
required amount of ISOFETAMID 400SC in a clean container and add to the
spray tank as it is being filled.  Keep agitator running when filling
spray tank and during spray operations.  DO NOT allow spray mixture to
stand overnight or for prolonged periods.  Prepare only the amount of
spray required for immediate use.  Spraying equipment should be
thoroughly cleaned immediately after the application.

Apply ISOFETAMID 400SC in sufficient water to obtain adequate coverage
of the foliage.  Gallonage to be used will vary with crop and amount of
plant growth.  Spray volume will usually range from 20 to 100 gallons
per acre (200 to 1000 liters per hectare) for dilute sprays, and 5 to 10
gallons per acre (50 to 100 liters per hectare) for concentrate ground
and aerial sprays.  For aerial applications, apply ISOFETAMID 400SC in a
minimum of 5 gallons of water per acre.  For application through
sprinkler irrigation systems see application and calibration
instructions below.

TANK MIX COMPATIBILITY

ISOFETAMID 400SC is physically compatible (no nozzle or screen blockage)
with many products labeled for control of diseases and insects on crops
and other additives. Read and follow all manufacturer's label
precautions and restrictions for the tank mix companion product. It is
the applicator’s responsibility to ensure that the companion product
is EPA approved for use on the intended crop. ISOFETAMID 400SC is
generally compatible with other insecticides, fungicides, adjuvants,
fertilizers and micronutrient products provided sufficient free water is
available for dispersion of all the tank mix products. Under some
conditions, the use of adjuvants and surfactants at the rate of 0.025%
to 0.1% of the spray tank volume may improve the performance of
ISOFETAMID 400SC.  However, not all crop varieties have been tested with
all possible tank mix combinations.  Thus the combination should be
tested for crop safety on a small portion of the crop to ensure that a
phytotoxic response will not occur.  In addition, the physical
compatibility of ISOFETMAID 400SC with tank mix partners must be
evaluated before use. Conduct a jar test with intended tank-mix
pesticides prior to preparation of large volumes. Use the following
procedure: 1) Pour the recommended proportions of the products into a
suitable container of water, 2) Mix thoroughly and 3) Allow to stand for
5 minutes.  If the combination remains mixed or can be re-mixed readily,
it is considered physically compatible. Any physical incompatibility in
the jar test indicates that ISOFETAMID 400SC should not be used in the
tank-mix.

ROTATIONAL CROP RESTRICTIONS

Crops on this label may be planted immediately after the last treatment.
 Do not plant other crops not registered for this product within 30 days
after the last application.

Integrated Pest Management

ISOFETAMID 400SC is an excellent disease control agent when used
according to label directions for control of labeled fungi.  ISOFETAMID
400SC is recommended for use as part of an Integrated Pest Management
(IPM) program, which may include the use of disease-resistant crop
varieties, cultural practices, crop rotation, biological disease control
agents, pest scouting and disease forecasting systems aimed at
preventing economic pest damage.  Practices known to reduce disease
development should be followed.  Consult your state cooperative
extension service or local agricultural authorities for additional IPM
strategies established in your area.  ISOFETAMID 400SC may be used in
State Agricultural Extension advisory (disease forecasting) programs
that recommend application timing based upon environmental factors that
favor disease development.

RESISTANCE MANAGEMENT

Some plant pathogens are known to develop resistance to products used
repeatedly for disease control.  ISOFETAMID 400SC’s mode/target site
of action is complex II; succinate-dehydrogenase, FRAC Group 7.  A
disease management program that includes alternation or tank mixes
between ISOFETAMID 400SC and other labeled fungicides that have a
different mode of action and/or control pathogens not controlled with
ISOFETAMID 400SC is essential to prevent disease resistant pathogens
populations from developing.  ISOFETAMID 400SC should not be utilized
continuously nor tank mixed with fungicides that have shown to have
developed fungal resistance to the target disease.

Since pathogens differ in their potential to develop resistance to
fungicides, follow the directions outlined in the “Directions For
Use” section of this label for specific resistance management
strategies for each crop.  Consult with your Federal or State
Cooperative Extension Service representatives for guidance on the proper
use of ISOFETAMID 400SC in programs that seek to minimize the occurrence
of disease resistance.  ISOFETAMID 400SC is not cross-resistant with
other classes of fungicides that have different modes of action.

APPLICATION AND CALIBRATION TECHNIQUES FOR SPRINKLER IRRIGATION

Apply this product only through center pivot, motorized lateral move,
traveling gun, solid set or portable (wheel move, side roll, end tow, or
hand move) irrigation system(s). DO NOT apply this product through any
other type of irrigation system.

Crop injury, lack of effectiveness, or illegal pesticide residues in the
crop can result from non-uniform distribution of treated water.

If you have questions about calibration, you should contact State
Extension Service specialists, equipment manufacturers or other experts.

DO NOT apply ISOFETAMID 400SC through irrigation systems connected to a
public water system.  “Public water system” means a system for the
provision to the public of piped water for human consumption if such
system has at least 15 service connections or regularly serves an
average of at least 25 individuals daily at least 60 days per year.

Controls for both irrigation water and pesticide injection systems must
be functionally interlocked, so as to automatically terminate pesticide
injection when the irrigation water pump motor stops.  A person
knowledgeable of the irrigation system and responsible for its operation
shall be present so as to discontinue pesticide injection and make
necessary adjustments, should the need arise.

The irrigation water pipeline must be fitted with a functional,
automatic, quick-closing check valve to prevent the flow of treated
irrigation water back toward the water source.  The pipeline must also
be fitted with a vacuum relief valve and low-pressure drain, located
between the irrigation water pump and the check valve, to prevent
back-siphoning of treated irrigation water into the water source.

Always inject ISOFETAMID 400SC into irrigation water after it discharges
from the irrigation pump and after it passes through thecheck valve.
Never inject pesticides into the intake line on the suction side of the
pump.

Pesticide injection equipment must be fitted with a functional, normally
closed, solenoid-operated valve located on the intake side of the
injection pump.  Interlock this valve to the power system, so as to
prevent fluid from being withdrawn from the chemical supply tank when
the irrigation system is either automatically or manually turned off.

The pesticide injection pipeline must contain a functional, automatic,
quick-closing check valve to prevent the flow of fluid back toward the
injection pump.  The irrigation line or water pump must include a
functional pressure switch that will stop the water pump motor when the
water pressure decreases to the point where pesticide distribution is
adversely affected.

Spray mixture in the chemical supply tank must be agitated at all times,
otherwise settling and uneven application may occur.  DO NOT apply when
wind speed favors drift beyond the area intended for treatment.

ISOFETAMID 400SC may be used through two basic types of sprinkler
irrigation systems as outlined in Sections A and B below.  Determine
which type of system is in place, then refer to the appropriate
directions provided for each type.

A. Center Pivot, Motorized Lateral Move and Traveling Gun Irrigation
Equipment

For injection of pesticides, these continuously moving systems must use
a positive displacement injection pump of either diaphragm or piston
type, constructed of materials that are compatible with pesticides and
capable of being fitted with a system interlock and capable of injection
at pressures approximately 2-3 times those encountered within the
irrigation water line.  Venturi applicator units cannot be used on these
systems.

Thoroughly mix labeled amount of this product for acreage to be covered
into the same amount of water used during calibration and inject into
system continuously for one revolution or run.  Mixture in the chemical
supply tank must be continuously agitated during the injection run.
Shut off injection equipment after one revolution or run, but continue
to operate irrigation system until this product has been cleared from
the last sprinkler head.

Solid Set and Portable (Wheel Move, Side Roll, End Tow, or Hand Move)
Irrigation Equipment

With stationary systems, an effectively designed in-line venturi
applicator unit is preferred which is constructed of materials that are
compatible with pesticides; however, a positive-displacement pump can
also be used.

Determine acreage covered by sprinkler.  Fill tank of injection
equipment with water and adjust flow to use contents over a 30 to 45
minute period.  Mix desired amount of ISOFETAMID 400SC for acreage to be
covered with water so that the total mixture of this product plus water
in the injection tank is equal to the quantity of water used during
calibration.

Agitation is recommended.  ISOFETAMID 400SC can be injected at the
beginning or end of the irrigation cycle or as a separate application.
Stop injection equipment after treatment is completed and continue to
operate irrigation system until this product has been cleared from last
sprinkler head.

DIRECTIONS FOR USE

Crop

Diseases	Use Rate

Fl. Oz. Product

Per Acre

Instructions

Almond

Brown rot blossom blight (Monilinia spp.)

Anthracnose (Colletotrichum sp.)

Gray mold (Botrytis cinerea)

Shot hole (Wilsonomyces carpophilus)

13.5 to17 fl oz

(0.351 to 0.442 lb. a.i. /A)

Application Instructions:

Initiate applications for brown rot blossom blight when conditions are
favorable for disease development and continue on a 7-14 day interval.
Typically applications are started preventatively at pink bud and
continued through petal fall.

Initiate application for control of anthracnose, gray mold, and shot
hole preventatively and continue as needed on a 7-14 day interval.  If
disease pressure is severe use the higher rate and shortest interval.

Apply ISOFETAMID 400SC in sufficient water to obtain adequate coverage
of the foliage.  Spray volume will usually be 50 to 100 gallons per acre
for dilute sprays and 5 to 10 gallons per acre for aerial sprays.  For
aerial applications, apply ISOFETAMID 400SC in a minimum of 5 gallons of
water per acre.  For dilute sprays, if higher spray volumes are desired
for improved coverage, do not exceed the maximum rate of 17 fl oz of
product per acre.

Resistance Management:

Do not make more than 2 sequential applications of ISOFETAMID 400SC or
other Group 7 containing fungicide before rotating to a fungicide with a
different mode of action. Do not apply the third application of
ISOFETAMID 400SC within 14 days of the second application.

Restrictions:

Do Not apply more than 68 fl oz/A/year (1.77 lb. a.i./A/year)

Do Not apply after first cover.

Lettuce

  Head and Leaf

Sclerotinia drop (Sclerotinia minor, Sclerotinia sclerotiorum)

12.3 fl oz

(0.320 lb a.i. /A)

Application Instructions:

On direct seeded lettuce make the first application after emergence,
thinning or prior to onset of disease development

On transplanted lettuce make the first application immediately after
transplanting or prior to the onset of disease development.

Make a second application if conditions continue to favor disease
development 14 days later.

Apply ISOFETAMID 400SC in sufficient water to obtain adequate coverage
of the foliage.  Spray volume will usually be 50 gallons per acre for
dilute sprays and 5 to 10 gallons per acre for aerial sprays.  For
aerial applications, apply ISOFETAMID 400SC in a minimum of 5 gallons of
water per acre.

Resistance Management:

Do not make more than 2 sequential applications of ISOFETAMID 400SC or
other Group 7 containing fungicides before rotating to a fungicide with
a different mode of action.

Restrictions:

Do Not apply more than 24.6fl oz/A/year (0.64 lb. a.i./A/year)

The Pre-Harvest Interval (PHI) for this crop is 14 days.

Crop

Diseases	Use Rate

Fl. Oz. Product

Per Acre

Instructions

Grapes,

Crop Subgroup 13-07F

Botrytis bunch rot (Botrytis cinerea)

Powdery mildew (Erysiphe necator)

Anthracnose (Colletotrichum sp.)

20 to 22 fl oz

(0.520 to 0.572 lb. a.i. /A)

Application Instructions:

For use on all types of grapes (wine, table, raisin, and juice).

For bunch rot make applications at critical timings for Botrytis
control.  Applications are typically made at early bloom, bunch closure,
veraison and pre-harvest (at least 14 days apart).  Apply with
sufficient water to allow for penetration into the foliage to obtain
complete coverage using 50 to 100 gallons of spray volume per acre.

For powdery mildew and anthracnose begin fungicide applications
preventatively and continue as needed on a 7 to 14-day interval.  When
disease pressure is severe use the higher rate and shorter interval.

Resistance Management:

Do not make more than 2 sequential applications of ISOFETAMID 400SC or
other Group 7 containing fungicides before rotating to a fungicide with
a different mode of action.  Do not apply the third application of
ISOFETAMID 400SC within 28 days of the second application.

Restrictions:

Do Not apply more than 66 fl oz/A/year (1.72 lb. a.i./A/year)

The Pre-Harvest Interval (PHI) for this crop is 14 days.

Includes all members of the Fruit, Small Vine Climbing Crop Subgroup
13-07F, except fuzzy kiwifruit:  Amur river grape; gooseberry; grape;
kiwifruit, hardy; maypop; schisandra berry; and cultivars, varieties,
and/or hybrids of these.

Low Growing Berry, Crop Subgroup 13-07G

Gray mold (Botrytis cinerea)

Powdery mildew (Podosphaera aphanis)

Anthracnose (Colletotrichum fragariae)

13.5 to 15.5 fl oz

(0.351 to 0.40 lb. a.i. /A)

Application Instructions:

Initiate applications prior to disease development and continue on a
14-day interval.  When disease pressure is high use the high rate.

Apply ISOFETAMID 400SC in sufficient water to obtain adequate coverage
of the foliage.  Spray volume will usually be 50 to 100 gallons per acre
for dilute sprays and 5 to 10 gallons per acre for aerial sprays.  For
aerial applications, apply ISOFETAMID 400SC in a minimum of 5 gallons of
water per acre.

Resistance Management:

Do not make more than 2 sequential applications of ISOFETAMID 400SC or
other Group 7 containing fungicides before rotating to a fungicide with
a different mode of action.  Do not apply the third application of
ISOFETAMID 400SC within 28 days of the second application.

Restrictions:

Do Not apply more than 54 fl oz/A/year (1.40 lb. a.i./A/year)

The Pre-Harvest Interval (PHI) for this crop is 0 days.

Includes all members of the Low Growing Berry Crop Subgroup 13-07G:
Bearberry; bilberry; blueberry, lowbush; cloudberry; cranberry;
lingonberry; muntries; partridgeberry; strawberry; and cultivars,
varieties, and/or hybrids of these.

Crop

Diseases	Use Rate

Fl. Oz. Product

Per Acre

Instructions

Rapeseed, (Canola) Crop Subgroup 20A

Sclerotinia stem rot (Sclerotinia sclerotiorum)

10.25 to 12 fl oz

(0.267 to 0.312 lb. a.i. /A)

Application Instructions:

Initiate applications at 20 to 40% flowering (BBCH 62-64) or prior to
disease development.   Use the higher rates for extended disease
control.  A second application may be made if conditions continue to be
favorable for disease development near the end of flowering (BBCH
67-69), at least 14 days later.

Apply ISOFETAMID 400SC in sufficient water to obtain adequate coverage
of the foliage.  Spray volume will usually be 50 to 100 gallons per acre
for dilute sprays and 5 to 10 gallons per acre for aerial sprays.  For
aerial applications, apply ISOFETAMID 400SC in a minimum of 5 gallons of
water per acre.

Resistance Management:

Do not make more than 2 sequential applications of ISOFETAMID 400SC or
other Group 7 containing fungicides before rotating to a fungicide with
a different mode of action.

Restrictions:

Do Not apply more than 24 fl oz/A/year (0.63 lb. a.i./A/year)

Includes all members of the Oilseed Crop Subgroup 20A:  Borage; crambe;
cuphea; echium; flax seed; gold of pleasure; hare’s ear mustard;
lesquerella; lunaria; meadowfoam; milkweed; mustard seed; oil radish;
poppy seed; rapeseed (Brassica napus, B. campestris, and Crambe
abyssinica (oilseed-producing varieties only which include canola and
crambe)); sesame; sweet rocket; and cultivars, varieties, and/or hybrids
of these.

WARRANTY AND LIMITATION OF DAMAGES

Seller warrants to those persons lawfully acquiring title to this
product that at the time of first sale of this product by Seller that
this product conformed to its chemical description and was reasonably
fit for the purposes stated on the label when used in accordance with
Seller’s directions under normal conditions of use.  To the extent
consistent with applicable law, Buyers and users of this product assume
the risk of any use contrary to such directions.  EXCEPT AS PROVIDED
ELSEWHERE IN WRITING CONTAINING AN EXPRESS REFERENCE TO THIS WARRANTY
AND LIMITATION OF DAMAGES, SELLER MAKES NO OTHER EXPRESS OR IMPLIED
WARRANTY OR GUARANTY, INCLUDING ANY

ISK Biosciences Corporation

7470 Auburn Road, Suite A

Concord, Ohio 44077 U.S.A.

OTHER EXPRESS OR IMPLIED WARRANTY OF FITNESS OR

OF MERCHANTABILITY, AND NO AGENT OF SELLER IS AUTHORIZED TO DO SO.  In
no event shall Seller’s liability for any breach of warranty or
guaranty exceed the purchase price of the product as to which a claim is
made. To the extent consistent with applicable law, Buyers and users of
this product are responsible for all loss or damage from use or handling
of this product which results from conditions beyond the control of
Seller, including, but not limited to, incompatibility with other
products unless otherwise expressly provided in Directions for Use of
this product, weather conditions, cultural practices, moisture
conditions or other environmental conditions outside of the ranges that
are generally recognized as being conducive to good agricultural and/or
horticultural practices.

ISOFETAMID - 03202015

Page   PAGE   \* MERGEFORMAT  2


MEMORANDUM
From: 	Brian Storey, OAR/OAQPS/SPPD/MMG
To: 	PERC Dry Cleaning NESHAP Docket (Docket ID No. EPA-HQ-OAR-2005-0155)
Date:	May 5, 2021
--------------------------------------------------------------------------------
Subject: April 29, 2021 Conference Call with the State of Tennessee Representatives
On April 29, 2021 EPA held a conference call with representatives from the State of Tennessee to discuss the National Emission Standards for Hazardous Air Pollutants from PERC Dry Cleaning Facilities (Dry Cleaning NESHAP).  The following people participated in the call:
Charles Rowan, Division of Remediation, TNDEC
Justin Dolzen, Air Permitting, TNDEC
Donovan Grimwood, Tennessee SBEAP Small Business Ombudsman
Brian Storey, Project Lead
Ryan Callihan, Economist
Rhonda Wright, CTPG
Steven McLeod, RTI
The following information was shared with the group on the call regarding Tennessee's management of dry-cleaning facilities.
    Tennessee requires all active dry-cleaning facilities to register with the State.  Registration fees go toward a voluntary clean-up program. Also charges a fee for solvent
    The State issues general air permits of dry-cleaning facilities and performs inspections of those permitted facilities. A few years ago, TN switched from individual standard permits to these general permits for dry cleaners (the expiration for the general permits are 2/1/2027).
    Tennessee classifies cleaning solvents into two categories: where perchloroethylene is classified as "dense" (i.e., heavier than water), and some of the alternative solvents are classified as "light" meaning they float on water (e.g., DF2000, EcoSolv, Stoddard, oxygenated constituents)
    Approximately 50 percent of the dry cleaners are using perc, and 50 percent are using hydrocarbons.
    Over the last few years (pre-pandemic) the State saw a decrease in the number of facilities at a rate of 5-10 facilities closing business [per year.  As a result of COVID (2020), it is estimated the State has seen the closing of 25 -30 facilities.
    Estimated that a new dry cleaning machine would cost between $60  -  $100 thousand (new machines primarily hydrocarbon machines)
    Estimated that there are currently 195 registered dry cleaners in the state. A decrease from 2016 when there were 286
 Currently there are roughly 69 perc subpart M facilities (which does not include data from the metro areas)
 2 stoddard hydrocarbon belly washers being used in TN
 Still some transfer hydrocarbon machines in use
 No Title V dry cleaning facilities (largest facility named Rowland in Jackson, TN uses hydrocarbon not perc)
 In the general database APC has 81 dry cleaners that are permitted, some of these may be petroleum dry cleaners potentially subject to NSPS
 TN uses 3 categories for dry cleaning machines:
 dry-to-dry installed on or before 12/9/1991 that use <140 gal of perc
 dry-to-dry machines installed after 12/9/1991 but before 2005 equipped with a refrigerated condenser
 dry-to-dry machines installed after 2005 and must follow the differing requirements under subpart M
    Have seen conversions from full service to drop off/pick up only locations
    No hydrocarbon drop-in to perc machines (or vice versa). Would have to get entirely new machines
    No dry cleaners using n-propyl bromide as solvent (a couple of facilities tried it, but no longer in use)