  MacroButton macIb01 i

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

EPA Registration Division contact: Hope Johnson,<PHONE_NUMBER>

Syngenta Crop Protection, LLC

5E8433

	EPA has received a pesticide petition (5E8433) from Syngenta Crop
Protection, LLC, 410 Swing Road, P.O. Box 18300, Greensboro, NC
27419-8300 requesting, 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  by establishing import tolerances for residues of  isopyrazam  (SYN
520453)  in or on the raw agricultural commodity tomato at 0.5 parts per
million (ppm), sweet pepper at 0.6 parts per million (ppm) and the
cucurbit crop subgroup 9A (melons) at 0.3 parts per million (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. Metabolism of SYN520453 has been studied on wheat,
grapes, and lettuce. The metabolic routes of SYN520453 in all three
crops were the same and the parent molecule was the primary constituent
of the Total Radioactive Residue (TRR) in all three matrices. The most
significant metabolite identified in plant was the primary alcohol, the
metabolites CSCD459488 and CSCD459489 (syn and anti-forms respectively).
Based on the results of the metabolism studies conducted, EPA concluded
that the definition of the residue for tolerance enforcement purposes is
parent isopyrazam only (SYN534968 plus SYN534969); however the
residue-of-concern for risk assessment purposes includes parent
isopyrazam (SYN534968 plus SYN534969) plus the metabolite

CSCD459488. The residue trials conducted included measurements of the
two isomers of the parent, the metabolite CSCD459488, as well as the
anti version of the latter,

CSCD459489.

	2. Analytical method. An adequate, validated method (GRM006.01B) is
available for enforcement purposes for the determination of residues of
isopyrazam, analyzed as the isomers SYN534968 and SYN534969, in crop
samples. The limit of quantification has been set at 0.005 mg/kg for
each isomer (0.01mg/kg for SYN520453 in total).

Samples are extracted by homogenization with acetonitrile:water (80:20
v/v for most crops and 50:50 v/v for straw). Extracts are centrifuged
and aliquots (equivalent to 0.2 g) are diluted with methanol:water
(50:50 v/v). Final determination is by LC-MS/MS. An analytical method
suitable for the determination of residues of the metabolites

CSCD459488 and CSCD459489 (syn and anti-forms respectively) in crop
samples using an external standardization procedure is also available.
The limit of quantification (LOQ) has been set at 0.005 mg/kg for both
analytes. Samples are extracted by homogenization with
acetonitrile:water (80:20 v/v). Extracts are centrifuged and aliquots
(equivalent to

0.09 g) are hydrolyzed with 0.1 M HCl at 60°C for 3 hours. Aliquots are
then diluted with acetonitrile and ultra-pure water. Final determination
is by LC-MS/MS.

	3. Magnitude of residues.

Tomato:  Sixteen residue trials were conducted in the European Union
(EU) to determine the magnitude of the residue of isopyrazam in or on
tomatoes.  Eight of the sixteen trials were conducted on protected
cherry tomato varieties in the EU.

Isopyrazam was applied to tomatoes as an emulsifiable concentrate (EC)
formulation containing 125 grams isopyrazam per liter.  Two
applications, separated by 7 day intervals, were made at 125 g ai/ha
ending at 1 day prior to harvest.

Samples were analyzed for residues of isopyrazam (SYN520453; determined
as SYN534968 and SYN534969) and its metabolites CSCD459488 and
CSCD459489.  The limit of quantification (LOQ) for each analyte was
0.005 ppm.

The maximum residue level of SYN520453 (summed SYN534968 and SYN534969)
in tomatoes was 0.19 mg/kg at 1 day after last application (1 DALA). No
residues of CSCD459488 or CSCD459489 were detected at levels above the
Limit of Quantification (LOQ) of 0.005 ppm.

Sweet Pepper:  Fourteen supervised residue trials have been conducted on
peppers during 2010 and 2011, eight in protected crops in
northern/southern Europe and six in outdoor crops, two in northern and
four in southern Europe.

Isopyrazam was applied to peppers as an emulsifiable concentrate (EC)
formulation containing 125 grams isopyrazam per liter.  Two
applications, separated by 7 day intervals, were made at 125 g ai/ha
ending at 3 days prior to harvest.

Samples were analyzed for residues of isopyrazam (SYN520453; determined
as SYN534968 and SYN534969) and its metabolites CSCD459488 and
CSCD459489.  The limit of quantification (LOQ) for each analyte was
0.005 ppm.

The maximum residue level of SYN520453 (summed SYN534968 and SYN534969)
in peppers was 0.25 mg/kg at 3 days after last application (3 DALA). No
residues of CSCD459488 or CSCD459489 were detected at levels above the
Limit of Quantification (LOQ) of 0.005 ppm.

Cucurbit Crop Group 9A:  Twenty four supervised residue trials have been
conducted on melons between 2010 and 2013, eight in protected crops in
northern/southern Europe and sixteen in outdoor crops.

Isopyrazam was applied to melons as an emulsifiable concentrate (EC)
formulation containing 125 grams isopyrazam per liter.  Two
applications, separated by 7 day intervals, were made at 125 g ai/ha
ending at 7 days prior to harvest.

Samples were analyzed for residues of isopyrazam (SYN520453; determined
as SYN534968 and SYN534969) and its metabolites CSCD459488 and
CSCD459489.  The limit of quantification (LOQ) for each analyte was
0.005 ppm.

The maximum residue level of SYN520453 (summed SYN534968 and SYN534969)
in melons (whole fruit) was 0.16 mg/kg at 7 days after last application
(7 DALA). The maximum residue level of CSCD459488 detected was 0.008
mg/kg at 7 DALA.  No residues of CSCD459489 were detected at levels
above the LOQ (0.005 ppm).

B. Toxicological Profile

	1. Acute toxicity.

SYN520453 is of low acute toxicity by the oral, dermal and inhalation
routes of exposure and is not irritating to the eyes or skin. On the
basis of the results of a local lymph node assay in the mouse, SYN520453
is considered to have potential to cause sensitization following contact
with skin. Three acute oral studies focused on the isomeric proportions
of SYN520453. The LD50 for isomeric mixtures containing more than 50% of
the syn isomer of isopyrazam was >2000 mg/kg.]

	2. Genotoxicity.

[In vitro, both specifications of SYN520453 (Tox Reserve and 70:30) were
negative for bacterial reverse mutation, in vitro cytogenetics, and
mammalian cells gene mutation (L5178Y TK+/- mouse lymphoma). The L5178
TK+/- assay, which is also able to detect chromosomal damage, was
negative for clastogenicity. In the in vitro cytogenetic assay using
primary human lymphocyte cultures, neither specification of SYN520453
induced chromosomal aberrations. In vivo, SYN520453 (Tox Reserve
specification) was found to be non-clastogenic in the rat bone marrow
micronucleus assay and there was also no evidence for any indication of
DNA damage or repair in the rat liver UDS (unscheduled DNA synthesis)
assay.

	3. Reproductive and developmental toxicity.

SYN520453 was assessed for reproductive toxicity in a multi-generation
reproduction study in the rat at dietary inclusion levels of 0, 100, 500
or 3000 ppm SYN520453. The parental toxicity NOAEL was 100 ppm based on
decreased body weight and food consumption in females at 500 ppm; and
increased liver weight and hepatocyte hypertrophy in F0 and F1 animals
at 500 ppm. The offspring NOAEL was 100 ppm based on increased liver
weights in F1 and F2 pups at 500 ppm. No treatment related reproductive
parameters were affected due to treatment with SYN520453 thus the
reproductive NOAEL was the top dose 3000 ppm and a LOAEL was not
established. There is no indication of increased sensitivity of
offspring to SYN520453 in a multi-generation reproduction study in rats.

Two developmental toxicity studies were conducted in the rat: one with
Tox Reserve material and the other with 70:30 material. In the study
with Tox Reserve, rats were given oral doses of SYN520453 at 0, 20, 75
or 250 mg/kg/day on gestation days 5 to 21. The maternal NOAEL was 75
mg/kg/day based on mortality, decreased body weight gain and food
consumption and clinical signs of toxicity at 250 mg/kg/day. The fetal
NOAEL was 75 mg/kg/day based on increased post-implantation loss, a
reduced number of live fetuses, decreased fetal weight and reduced
ossification at 250 mg/kg/day. The fetal effects were considered to be
secondary to maternal toxicity.

In the rat developmental toxicity study with 70:30 material, rats were
given oral doses of SYN520453 at 0, 20, 75 or 200 mg/kg/day. The fetal
and maternal NOAEL was 20 mg/kg/day based on decreased fetal body weight
and delayed ossification; and decreases in maternal body weight gain at
75 and 200 mg/kg/day. The fetal effects were considered to be secondary
to maternal toxicity.

In rabbits, two preliminary developmental toxicity studies were
conducted in the Himalayan rabbit and a preliminary and regulatory study
were conducted in the New Zealand White (NZW) rabbit. All studies were
conducted using the Tox Reserve material.

In the first preliminary study, Himalayan rabbits were given oral doses
of 0, 100, 200 or 400 mg/kg/day. Mean maternal food consumption was
decreased throughout treatment at 400 mg/kg/day. The only fetal effect
possibly related to treatment was the observation of 2 fetuses at 400
mg/kg/day with the variation of “eyes small, slight”

In the second preliminary study, Himalayan rabbits were given oral doses
of 0, 600, 800 or 1000 mg/kg/day. Maternal food consumption was slightly
decreased at 1000 mg/kg/day. There was a small effect on male fetal body
weights and a higher incidence of flexed or malrotated limbs at 1000
mg/kg/day. The main treatment related fetal finding was the observation,
eyes of smaller than expected size, which occurred either as an
abnormality or variation. The combined incidence of small eyes
(abnormality and variation) was increased in all dose groups, but not in
a dose-related manner. It was concluded that administration of SYN520453
at 600-1000 mg/kg/day was associated with effects in the eye consistent
with microphthalmia.

A preliminary rabbit developmental toxicity study was conducted in NZW
rabbits at doses of 0, 400, 700 or 1000 mg/kg/day. Maternal toxicity was
noted at all dose levels tested, evident as decreased food consumption
and decreased maternal weight gain throughout the treatment period. The
effects were sufficient to produce moribundity and/or abortion in
animals from each dose group. Maternal liver weight was increased at all
doses and hypertrophy and vacuolation were observed histopathologically.
At 1000 mg/kg/day, there was an increase in the incidence of
microphthalmia which was associated with the variations hemorrhagic ring
around the iris and/or reddened or red areas around the eyes.

In the regulatory developmental toxicity study, NZW rabbits were dosed
at 0, 30, 150 or 500 mg/kg/day. The maternal NOAEL was 30 mg/kg/day
based on clinical signs of toxicity (days 13-19), decreased food
consumption, increased liver weights and hepatocellular hypertrophy and
vacuolation at 150 and 500 mg/kg/day. The fetal NOAEL was 150 mg/kg/day
based only on the single incidence of microphthalmia observed at 500
mg/kg/day. The single incidence of microphthalmia at 500 mg/kg/day was
within the historical control range for the laboratory. However, based
on the data from the NZW range-finding study, which was conducted in the
same laboratory, an association between treatment and the single
incidence of microphthalmia at 500 mg/kg/day cannot be excluded.

4. Subchronic toxicity.

Subchronic testing was conducted in the mouse, rat, and dog via the oral
route of exposure, including evaluation of the effect of isomer content
of SYN520453. Three 28-day studies conducted in rats showed similar
findings and confirmed the liver was the systemic target organ for
SYN520453. Liver effects were evident at doses of 500 ppm and above with
no liver effects observed at 300 ppm (approximately 28.1 mg/kg/day). The
only other evidence of systemic toxicity was the observed decrease in
body weight gain compared to controls which tended to occur at dose
levels of 2000 ppm and above; observed in conjunction with decreased
food utilization. The study conducted with pure syn and anti-isomers
demonstrated equivalent toxicological properties from both a qualitative
and quantitative perspective.

Two 90-day dietary studies in rats demonstrated similar toxicological
findings to the 28-day studies. The NOAELs from the two 90-day studies
were similar; a NOAEL of 300 ppm (21.3 mg/kg/day) in the Tox Reserve
study, and a NOAEL of 250 ppm for both Tox Reserve and 70:30
specification materials in the comparative study; based on decreased
body weight/weight gain, clinical chemistry changes, increased liver
weight, and hepatocellular hypertrophy and vacuolation at 1500 and 2000
ppm respectively.

The 90-day dietary study in mice was conducted with Tox Reserve material
at 0, 500, 2500 or 7000 ppm. The systemic toxicity findings in this
study were decreased body weight/weight gain observed at 2500 & 7000
ppm. Increased liver weight was seen at all dose levels and hepatocyte
hypertrophy was seen in both sexes at 2500 and 7000 ppm. Minimal
hypertrophy was seen in males at 500 ppm.

Two 90-day oral toxicity studies were conducted in dogs; one was
conducted using Tox Reserve and the other with 70:30 material. In the
first 90-day study with Tox Reserve material, dogs were dosed orally at
0, 30, 100 or 300 mg/kg/day. In the second 90-day study with 70:30
material, dogs were dosed orally at 0, 10, 30 or 250 mg/kg/day. The
findings were similar, an overall NOAEL of 30 mg/kg/day was based
initial body weight loss and/or decreased weight gain and decreased food
consumption; and increased liver weights (males only) at 100 and 250
mg/kg/day. One male dog at the mid-dose of 100 mg/kg/day also displayed
abnormal clinical signs/behavior, some of which were evident throughout
the study.

	5. Chronic toxicity.

SYN520453 was evaluated for chronic toxicity in the dog and rat, and for
carcinogenic potential in the rat and the mouse.

In the 1 year dog study with Tox Reserve, dogs were dosed orally by
capsule at 0, 25, 100 or 250 mg/kg/day. The NOAEL was 25 mg/kg/day based
on decreased body weight gain and minor changes in clinical chemistry,
and increased liver weight (males only) at 100 and 250 mg/kg/day. No
clinical signs of toxicity were observed in the 1 year dog study up to a
dose level of 250 mg/kg/day.

In a 2 year rat combined chronic toxicity/carcinogenicity study
conducted at dietary inclusion levels of 0, 100, 500 or 3000 ppm, there
were no treatment related effects on survival. The NOAEL for the chronic
toxicity phase of the study was 100 ppm and the NOAEL for neoplastic
findings was 500 ppm (27.6 and 34.9 mg/kg/day in males and females
respectively) based on increased incidence of hepatocellular adenoma and
uterine carcinoma observed as a consequence of excessive dosing in
females at 3000 ppm. The overall NOAEL was 100 ppm (5.5 and 6.9
mg/kg/day in males and females respectively)

based on decreased body weight/weight gain in females at 500 ppm; and
minor changes in clinical chemistry and non-neoplastic findings in the
liver at 500.

In a carcinogenicity study in the mouse, mice were fed diets containing
0, 70, 500 or 3500 ppm SYN520453 for a period of up to 80 weeks. There
were no treatment related effects on survival. Apart from an increased
incidence of „discharge from the eye‟ in males at 3500 ppm, there
were no effects on the clinical condition of the animals. There were no
treatment-related neoplastic micropathology findings. The NOAEL for this
study was 70 ppm (7.8 mg/kg/day in males and 9.9 mg/kg/day in females)
based on reduced food utilization in females at 500 ppm; and
hepatocellular hypertrophy and increased liver weight at 500 ppm.

	6. Animal metabolism.

SYN520453 was extensively metabolized by rats via oxidation to give a
range of hydroxy, dihydroxy, acid and hydroxy acid metabolites.
Oxidation of the N-desmethyl metabolite of SYN520453 produced an
equivalent range of N-desmethyl metabolites. Incubation of SYN534969
(pure syn) with rat liver microsomes resulted in oxidative
biotransformation to the tertiary alcohol CSCD459488; quantities
decreasing with increased incubation time, demonstrating that the
metabolite CSCD459488 is a short-liver metabolite. The major routes of
biotransformation appeared to be independent of dose level and sex and
also appeared to be the same for both syn and anti isomers of the parent
molecule. All metabolites accounting for >5% of the dose and the
majority of minor metabolites were identified. Therefore in total,
greater than 90% of the administered dose was accounted for by
identified metabolites.

	7. Metabolite toxicology.

Acute oral toxicity testing was performed with two metabolites;
resulting in LD50 >2000 mg/kg for both CSCD465008 and CSCD459488.
Genotoxicity testing (bacterial reverse mutation, in vitro cytogenetics,
and mammalian cell gene mutation (mouse lymphoma) with metabolites
CSCD465008 and CSCD459488 indicated no genotoxicity. Subchronic toxicity
studies (28 day dietary in the rat) were conducted with metabolites
CSCD465008 and CSCD459488. CSCD465008 is toxicologically benign and is
of lower toxicity than parent SYN520453. The metabolite CSCD459488 is
considered to have equivalent toxicity to parent SYN520453 with both
compounds having a NOAEL of 300 ppm (equivalent to approximately 27-28
mg/kg/day) and both compounds having a primary effect upon xenobiotic
metabolizing enzymes in the liver with accompanying liver enlargement
and centrilobular hypertrophy.

	8. Endocrine disruption.

The endocrine system includes the reproductive hormones estrogen and
androgens as well as the thyroid hormone system. There is no evidence of
any consistent treatment related effects with SYN520453 that could be
considered as perturbation of endocrine homeostasis. There were no
adverse affects related to female reproductive function or on
reproduction in the multi-generation reproductive toxicity study, and
there were no micropathology changes in the organs that had altered
weight effects. Overall, the database does not suggest that SYN5204534
is an endocrine disruptor.

C. Aggregate Exposure

	1. Dietary exposure.

Tier II acute, chronic, and chronic cancer dietary exposure assessments
were performed for isopyrazam using the using the Dietary Exposure
Evaluation Model (DEEM-FCID™ Version 4.02) from US EPA; consumption
data was from  the USDA NHANES “What We Eat in America” survey,
2005-2010.  The definition of the residue for tolerance enforcement
purposes is parent isopyrazam only (SYN534968 plus SYN534969), however
the residue-of-concern for risk assessment purposes includes parent
isopyrazam (SYN534968 and SYN534969) as well as metabolites CSCD459488
and CSCD459489 (syn- and anti-isomers of the tertiary alcohol
metabolite).  These assessments include all current uses (imported
bananas, imported apples, and imported peanuts) plus proposed new
import-only uses on tomatoes, peppers, and melons.  Field trial residue
data were used for apples, tomatoes, peppers, and melons.
Experimentally determined processing factors were used for apple peeled
fruit (0.37X), apple dried fruit (5.9X), apple sauce (0.18X), apple
juice (0.03X), tomato paste (2.5X), tomato puree (2.3X), dried tomato
(3.7X), and tomato juice (0.15X).  All other processing factors used
DEEMTM Version 7.87 defaults.  One hundred percent crop treated (100%CT)
was assumed for all commodities except “apple, fruit with peel”
fresh market apples.  For unpeeled fresh market apples, an estimated %CT
value of 6.0% was used to conservatively express imported fresh market
apples as a percent of all apples available for consumption in the
United States 2010-2014 (domestic + imports - exports).  Since the
current and proposed uses are not expected to result in transfer of
residues to livestock via consumption of treated feedstuffs, anticipated
residues of isopyrazam in meat, milk, or egg commodities were not
included in these assessments.  Additionally, since there are no
registered uses for isopyrazam in the United States, dietary exposures
via drinking water (surface water and/or ground water) were also not
considered.

	i. Food.

Acute Exposure: Acute dietary (food only) risk assessments were
performed for all population sub-groups using an acute reference dose
(aRfD) of 0.30 mg/kg-bw/day, based upon a 90-day study in dogs with a no
observed adverse effect level (NOAEL) of 30 mg/kg-bw/day and an
uncertainty factor of 100X.  The 100X safety factor includes intra- and
inter-species variations; no additional FQPA safety factor was applied.
For the purpose of aggregate risk assessment, the exposure values were
expressed in terms of margin of exposure (MOE), which was calculated by
dividing the NOAEL by the exposure for each population subgroup.  In
addition, exposure was expressed as a percent of the acute reference
dose (%aRfD).  At the 99.9th percentile, acute (food only) exposure to
the U.S. population resulted in a MOE of 5,225 or 1.9% of the aRfD
(Benchmark MOE = 100, aRfD = 0.3 mg/kg-bw/day).  The most exposed
sub-population was all children 1-2 years old, with a MOE of 2,085 or
4.8% of the RfD (Benchmark MOE = 100, aRfD = 0.3 mg/kg-bw/day).  Since
the benchmark MOE for this assessment was 100 and since the EPA
generally has no concern for exposures above the benchmark or below 100%
of the reference dose, Syngenta believes that there is a reasonable
certainty that no harm will result from dietary (food only) exposure to
residues arising from all current and proposed uses of isopyrazam.

Chronic Exposure: Chronic dietary (food only) risk assessments were
performed for all population sub-groups using a chronic reference dose
of 0.055 mg/kg-bw/day, based upon a 2-year study in rats with a no
observed adverse effect level (NOAEL) of 5.5 mg/kg-bw/day and an
uncertainty factor of 100X.  The 100X safety factor includes intra- and
inter-species variations; no additional FQPA safety factor was applied.
For the purpose of aggregate risk assessment, the exposure values were
expressed in terms of margin of exposure (MOE), which was calculated by
dividing the NOAEL by the exposure for each population subgroup.  In
addition, exposure was expressed as a percent of the chronic reference
dose (%cRfD).  Chronic (food only) exposure to the U.S. population
resulted in a MOE of 57,836 or 0.2% of the cRfD (Benchmark MOE = 100,
cRfD = 0.055 mg/kg-bw/day).  The most exposed sub-population was
children 1-2 years old with a MOE of 18,617 or 0.5% of the cRfD
(Benchmark MOE = 100, cRfD = 0.055 mg/kg-bw/day).  Since the benchmark
MOE for this assessment was 100 and since the EPA generally has no
concern for exposures above the benchmark or below 100% of the reference
dose, Syngenta believes that there is a reasonable certainty that no
harm will result from dietary (food only) exposure to residues arising
from all current and proposed uses of isopyrazam.

A cancer dietary risk assessment was performed for the U.S. population,
with a carcinogenic potency factor (Q*) of 0.00629 (mg/kg bw/day)-1,
based on the presence of thyroid follicular cell tumors in male rats and
liver and uterine tumors in female rats at doses that were adequate to
evaluate the carcinogenic potential of isopyrazam.  Cancer exposure to
isopyrazam results in a risk of 5.98E-07, or approximately 60% of the
one-in-one-million lifetime cancer risk benchmark of 1.00E-06.  These
are slightly refined dietary exposure assessments, and Syngenta believes
that lifetime cancer risk to the U.S. population has not been
underestimated.

	ii. Drinking water.

The proposed import tolerances on tomato, pepper and cucumbers are not
expected to have an impact of drinking water. In addition, isopyrazam is
not currently registered for domestic uses; therefore, there is no
drinking water exposure contribution to the aggregate risk

.

	2. Non-dietary exposure.

There are no currently registered residential uses for isopyrazam, so a
non-dietary residential exposure assessment was not conducted.

D. Cumulative Effects

Cumulative Exposure to Substances with a Common Mechanism of Toxicity.
Section 408(b)(2)(D)(v) requires that, when considering whether to
establish, modify, or revoke a tolerance, the Agency consider
“available information” concerning the cumulative effects of a
particular pesticide’s residues and “other substances that have a
common mechanism of toxicity”.  Syngenta did not perform a cumulative
risk assessment as part of this tolerance action for isopyrazam because
HED has not yet determined that there are any other chemical substances
that have a mechanism of toxicity common with that of isopyrazam.

E. Safety Determination

	1. U.S. population.

Using the conservative assumptions described above, and based on the
completeness and reliability of the toxicity data, the acute aggregate
(food only) exposure calculation for all current and proposed uses of
isopyrazam resulted in a MOE of 5,225 or 1.9% of the aRfD (Benchmark MOE
= 100, aRfD = 0.3 mg/kg-bw/day) for the U.S. population.  The chronic
aggregate (food only) exposure analysis showed that exposure from all
current and proposed uses of isopyrazam resulted in a MOE of 57,836 or
0.2% of the cRfD (Benchmark MOE = 100, cRfD = 0.055 mg/kg-bw/day).
Since the worst case aggregate MOE exceeds the Benchmark MOE of 100,
Syngenta believes that there is a reasonable certainty that no harm will
occur to the U.S. Population from acute and chronic exposures arising
from all current and proposed uses of isopyrazam.

	2. Infants and children.

Using the conservative assumptions described above, and based on the
completeness and reliability of the toxicity data, the acute aggregate
(food only) exposure calculation for all current and proposed uses of
isopyrazam resulted in a MOE of 2,085 or 4.8% of the aRfD (Benchmark MOE
= 100, aRfD = 0.3 mg/kg-bw/day) for children 1-2 years old.  The chronic
aggregate (food only) exposure analysis showed that exposure from all
current and proposed uses of isopyrazam resulted in a MOE of 18,617 or
0.5% of the cRfD (Benchmark MOE = 100, cRfD = 0.055 mg/kg-bw/day) for
children 1-2 years old.  Since the worst case aggregate MOE exceeds the
Benchmark MOE of 100, Syngenta believes that there is a reasonable
certainty that no harm will occur to infants and children from acute and
chronic aggregate exposures arising from all current and proposed uses
of isopyrazam.

3. Aggregate Cancer Risk.

The aggregate cancer risk assessment for the U.S. population using a
carcinogenic potency factor (Q*) of 0.00629 (mg/kg bw/day)-1 resulted in
a cancer risk of 5.98E-07, which is within the 1.00E-06
(one-in-one-million) level of concern set by the EPA.

F. International Tolerances

Codex maximum residue levels (MRLs) have been established for residues
of isopyrazam in a number of commodities including banana, barley, rye,
triticale, wheat, and livestock commodities including meat, milk, and
eggs.

 PAGE

 PAGE   6


[Federal Register Volume 80, Number 34 (Friday, February 20, 2015)]
[Notices]
[Pages 9301-9304]
[FR Doc No: 2015-03516]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74271; File No. SR-NYSEArca-2015-06]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Regarding the
AdvisorShares WCM/BNY Mellon Focused Growth ADR ETF's Holdings of Non-
U.S. Equity Securities

February 13, 2015.
    Pursuant to section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on February 3, 2015, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to change a representation regarding the
AdvisorShares WCM/BNY Mellon Focused Growth ADR ETF's holdings of non-
U.S. equity securities. Shares of the WCM/BNY Mellon Focused Growth ADR
ETF have been approved for listing and trading on the Exchange under
NYSE Arca Equities Rule 8.600. The text of the proposed rule change is
available on the Exchange's Web site at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Commission has approved a proposed rule change relating to
listing and trading on the Exchange of shares (``Shares'') of the
AdvisorShares WCM/BNY Mellon Focused Growth ADR ETF (the ``Fund'')
under NYSE Arca Equities Rule 8.600,\4\ which governs the listing and
trading of Managed Fund Shares.\5\ The Fund's Shares are currently
listed and traded on the Exchange under NYSE Arca Equities Rule 8.600.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 62502 (July 15,
2010), 75 FR 42471 (July 21, 2010) (SR-NYSEArca-2010-57) (the
``Prior Order''). The notice with respect to the Prior Order was
published in Securities Exchange Act Release No. 62344 (June 21,
2010), 75 FR 37498 (June 29, 2010) (``Prior Notice'' and, together
with the Prior Order, the ``Prior Release'').
    \5\ A Managed Fund Share is a security that represents an
interest in an investment company registered under the Investment
Company Act of 1940 (15 U.S.C. 80a-1) (``1940 Act'') organized as an
open-end investment company or similar entity that invests in a
portfolio of securities selected by its investment adviser
consistent with its investment objectives and policies. In contrast,
an open-end investment company that issues Investment Company Units,
listed and traded on the Exchange under NYSE Arca Equities Rule
5.2(j)(3), seeks to provide investment results that correspond
generally to the price and yield performance of a specific foreign
or domestic stock index, fixed income securities index or
combination thereof.
---------------------------------------------------------------------------

    The Shares are offered by AdvisorShares Trust (the ``Trust''), a
statutory trust organized under the laws of the State of Delaware and
registered with the Commission as an open-end management investment
company.\6\ The investment adviser to the Fund is AdvisorShares
Investments, LLC (the ``Adviser''). WCM Investment Management (``WCM'')
is the sub-adviser and portfolio manager to the Fund (``Sub-Adviser'').
---------------------------------------------------------------------------

    \6\ The Trust is registered under the 1940 Act. On November 1,
2014, the Trust filed with the Commission an amendment to its
registration statement on Form N-1A under the Securities Act of 1933
(15 U.S.C. 77a) and the 1940 Act relating to the Fund (File Nos.
333-157876 and 811-22110) (the ``Registration Statement''). The
description of the operation of the Trust and the Fund herein is
based, in part, on the Registration Statement. In addition, the
Commission has issued an order granting certain exemptive relief to
the Trust under the1940 Act. See Investment Company Act Release No.
29291 (May 28, 2010) (File No. 812-13677) (``Exemptive Order'').
---------------------------------------------------------------------------

    According to the Registration Statement, and as stated in the Prior
Release the Fund's investment objective is long-term capital
appreciation above international benchmarks such as the BNY Mellon
Classic ADR Index and the MSCI EAFE Index. WCM seeks to achieve the
Fund's investment objective by selecting a portfolio of U.S. traded
securities of non-U.S. organizations included in the BNY Mellon Classic
ADR Index. The BNY Mellon Classic ADR Index predominantly includes
American Depositary Receipts (``ADRs'') and in addition includes other
Depositary Receipts (``DRs''), which include Global Depositary Receipts
(``GDRs''), Euro Depositary Receipts (``Euro DRs'') and New York Shares
(``NYSs'').\7\
---------------------------------------------------------------------------

    \7\ According to the Registration Statement, DRs, which include
ADRs, GDRs, Euro DRs and NYSs, are negotiable securities that
generally represent a non-U.S. company's publicly traded equity or
debt. Depositary Receipts may be purchased in the U.S. secondary
trading market. They may trade freely, just like any other security,
either on an exchange or in the over-the-counter market. Although
typically denominated in U.S. dollars, Depositary Receipts can also
be denominated in Euros. Depositary Receipts can trade on all U.S.
stock exchanges as well as on many European stock exchanges.
---------------------------------------------------------------------------

    According to the Prior Release, WCM employs a team approach through
Investment Strategy Group, consisting of four senior investment
professionals (the ``Portfolio Managers''). This team establishes
portfolio guidelines for sector and industry analysis and develops the
Fund's portfolio. The Portfolio Managers analyze the major trends in
the global economy in order to identify those economic sectors and

industries that are most likely to benefit. According to the
Registration Statement, typical themes incorporated in the Portfolio
Managers' investment process include demographics, global commerce,
outsourcing, the growing global middle class and the proliferation of
technology. A portfolio strategy is then implemented that will best
capitalize on these investment themes and subsequent expected growth of
the underlying assets. The Fund's portfolio will typically have fewer
than 30 companies. All buy and sell decisions are made by the Portfolio
Managers. The Fund will under normal circumstances have at least 80% of
its total assets invested in ADRs. The Fund also may invest in other
equity securities, including common and preferred stock, warrants,
convertible securities and master limited partnerships. As stated in
the Prior Release, the Fund's portfolio will consist primarily of ADRs
and the Fund will not invest in non-U.S. equity securities outside of
U.S. markets.
    According to the Prior Release, the composition of the Fund's
portfolio, on a continual basis, will be subject to the following: (1)
Component stocks that in the aggregate account for at least 90% of the
weight of the portfolio each shall have a minimum market value of at
least $100 million; \8\ (2) component stocks that in the aggregate
account for at least 70% of the weight of the portfolio each shall have
a minimum global monthly trading volume of 250,000 shares, or minimum
global notional volume traded per month of $25,000,000, averaged over
the last six months; (3) a minimum of 20 component stocks of which the
most heavily weighted component stock shall not exceed 25% of the
weight of the portfolio, and the five most heavily weighted component
stocks shall not exceed 60% of the weight of the portfolio; and (4)
each non-U.S. equity security underlying ADRs held by the Fund will be
listed and traded on an exchange that has last sale reporting.
---------------------------------------------------------------------------

    \8\ This criterion is applied based on market value of
securities of the non-U.S. equity securities underlying ADRs held by
the Fund.
---------------------------------------------------------------------------

    As noted above, the Prior Release states that the Fund will not
invest in non-U.S. equity securities outside of U.S. markets. The
Exchange proposes to amend such statement in the Prior Release to
provide that, going forward, the Fund may invest in securities outside
of U.S. markets, and that not more than 10% of the net assets of the
Fund in the aggregate invested in equity securities (excluding non-
exchange-traded investment company securities) shall consist of equity
securities whose principal market is not a member of the Intermarket
Surveillance Group (``ISG'') or is a market with which the Exchange
does not have a comprehensive surveillance sharing agreement. The
Exchange notes that the Commission has previously approved similar
percentage limitations for other funds listed on the Exchange under
NYSE Arca Equities Rule 8.600.\9\
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release Nos. 69915 (July 2,
2013), 78 FR 41145 (July 9,2013) (SR-NYSEArca-2013-56) (order
approving listing and trading of shares of the PowerShares China A-
Share Portfolio under NYSE Arca Equities Rule 8.600); 72665 (July
24, 2014), 79 FR 44236 (July 30, 2014) (SR-NYSEArca-2014-59) (order
approving listing and trading of shares of the AdvisorShares Athena
High Dividend ETF under NYSE Arca Equities Rule 8.600; 72882 (August
20, 2014) (SR-NYSEArca-2014-58) (order approving listing and trading
of shares of PIMCO Short-Term Exchange-Traded Fund and PIMCO
Municipal Bond Exchange-Traded Fund under NYSE Arca Equities Rule
8.600); 72853 (August 15, 2014) (SR-NYSEArca-2014-57) (order
approving listing and trading of shares of the PIMCO Foreign Bond
Exchange-Traded Fund (U.S. Dollar-Hedged), PIMCO Foreign Bond
Exchange-Traded Fund (Unhedged), PIMCO Global Advantage Bond
Exchange-Traded Fund, and PIMCO International Advantage Bond
Exchange-Traded Fund under NYSE Arca Equities Rule 8.600);
73331(October 9, 2014), 79 FR 62213 (October 16, 2014) (SR-NYSEArca-
2014-104) (notice of effectiveness of proposed rule change relating
to use of derivatives by certain PIMCO exchange-traded funds).
---------------------------------------------------------------------------

    Such an increase will provide the Fund with the ability to invest
to a limited extent in non-U.S. equity securities outside of U.S.
markets and therefore will facilitate the Fund's ability to achieve its
investment objective of long-term capital appreciation above
international benchmarks, as noted above. Except for the change
described above, all other representations made in the Prior Release
remain unchanged.\10\ The Fund will continue to comply with all initial
and continued listing requirements under NYSE Arca Equities Rule 8.600.
---------------------------------------------------------------------------

    \10\ See note 4, supra. All terms referenced but not defined
herein are defined in the Prior Release.
---------------------------------------------------------------------------

    The Exchange represents that the trading in the Shares will be
subject to the existing trading surveillances, administered by the
Financial Industry Regulatory Authority (``FINRA'') on behalf of the
Exchange, which are designed to detect violations of Exchange rules and
applicable federal securities laws.\11\ The Exchange represents that
these procedures are adequate to properly monitor Exchange trading of
the Shares in all trading sessions and to deter and detect violations
of Exchange rules and federal securities laws applicable to trading on
the Exchange. FINRA, on behalf of the Exchange, will communicate as
needed regarding trading in the Shares and exchange-listed equity
securities (including ADRs) with other markets and other entities that
are members of the ISG, and FINRA, on behalf of the Exchange, may
obtain trading information regarding trading in the Shares and
exchange-listed equity securities (including ADRs) from such markets
and other entities. The Exchange may obtain information regarding
trading in the Shares and exchange-listed equity securities (including
ADRs) from markets and other entities that are members of ISG or with
which the Exchange has in place a comprehensive surveillance sharing
agreement.\12\ In addition, as stated in the Prior Release, investors
have ready access to information regarding the Fund's holdings, the
Portfolio Indicative Value, the Disclosed Portfolio, and quotation and
last sale information for the Shares.
---------------------------------------------------------------------------

    \11\ FINRA surveils trading on the Exchange pursuant to a
regulatory services agreement. The Exchange is responsible for
FINRA's performance under this regulatory services agreement.
    \12\ For a list of the current members of ISG, see
www.isgportal.org. The Exchange notes that not all of the components
of the portfolio for the Fund may trade on exchanges that are
members of the ISG or with which the Exchange has in place a
comprehensive surveillance sharing agreement.
---------------------------------------------------------------------------

2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under section 6(b)(5) \13\ that an exchange have rules that
are designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to remove
impediments to, and perfect the mechanism of a free and open market
and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices in that the
Shares will be listed and traded on the Exchange pursuant to the
initial and continued listing criteria in NYSE Arca Equities Rule
8.600. With respect to the representation that the Fund may invest in
securities outside of U.S. markets and that not more than 10% of the
net assets of the Fund in the aggregate invested in equity securities
(excluding non-exchange-traded investment company securities) shall
consist of equity securities whose principal market is not a member of
the ISG or is a market with which the Exchange does not have a
comprehensive surveillance sharing agreement, the Exchange believes
such limitation of assets will not adversely impact investors and
serves to protect investors and the public interest for the following
reasons. The Commission has previously approved such limitations

for other funds listed on the Exchange under NYSE Arca Equities Rule
8.600.\14\ Such a representation assures that most applicable exchange-
traded assets of the Fund will be assets whose principal market is an
ISG member or a market with which the Exchange has a comprehensive
surveillance sharing agreement.
---------------------------------------------------------------------------

    \14\ See Securities Exchange Act Release Nos. 69915 (July 2,
2013), 78 FR 41145 (July 9, 2013) (SR-NYSEArca-2013-56) (order
approving listing and trading of shares of the PowerShares China A-
Share Portfolio under NYSE Arca Equities Rule 8.600); 72665 (July
24, 2014), 79 FR 44236 (July 30, 2014) (SR-NYSEArca-2014-59) (order
approving listing and trading of shares of the AdvisorShares Athena
High Dividend ETF under NYSE Arca Equities Rule 8.600; 72882 (August
20, 2014) (SR-NYSEArca-2014-58) (order approving listing and trading
of shares of PIMCO Short-Term Exchange-Traded Fund and PIMCO
Municipal Bond Exchange-Traded Fund under NYSE Arca Equities Rule
8.600); 72853 (August 15, 2014) (SR-NYSEArca-2014-57) (order
approving listing and trading of shares of the PIMCO Foreign Bond
Exchange-Traded Fund (U.S. Dollar-Hedged), PIMCO Foreign Bond
Exchange-Traded Fund (Unhedged), PIMCO Global Advantage Bond
Exchange-Traded Fund, and PIMCO International Advantage Bond
Exchange-Traded Fund under NYSE Arca Equities Rule 8.600).
---------------------------------------------------------------------------

    The Exchange has in place surveillance procedures that are adequate
to properly monitor trading in the Shares in all trading sessions and
to deter and detect violations of Exchange rules and applicable federal
securities laws. The Exchange may obtain information via the ISG from
other exchanges that are members of ISG or with which the Exchange has
entered into a comprehensive surveillance sharing agreement.
    The proposed rule change is designed to promote just and equitable
principles of trade and to protect investors and the public interest in
that the net asset value (``NAV'') per Share is calculated daily and
that the NAV and the Disclosed Portfolio is made available to all
market participants at the same time. In addition, a large amount of
information is publicly available regarding the Fund and the Shares,
thereby promoting market transparency. The Portfolio Indicative Value,
as defined in NYSE Arca Equities Rule 8.600 (c)(3), is disseminated by
one or more major market data vendors at least every 15 seconds during
the Exchange's Core Trading Session. On a daily basis, the Adviser
discloses for each portfolio security or other financial instrument of
the Fund the following information: ticker symbol (if applicable), name
of security or financial instrument, number of shares or dollar value
of financial instruments held in the portfolio, and percentage
weighting of the security or financial instrument in the portfolio. The
Fund's holdings are disclosed on its Web site daily after the close of
trading on the Exchange and prior to the opening of trading on the
Exchange the following day. Information regarding market price and
trading volume of the Shares is and will be continually available on a
real-time basis throughout the day on brokers' computer screens and
other electronic services, and quotation and last sale information is
available via the Consolidated Tape Association high-speed line. Price
information regarding the Fund's equity investments is available from
major market data vendors. The intra-day, closing and settlement prices
for exchange-listed equity securities held by the Fund are also readily
available from the national securities exchanges trading such
securities. Trading in Shares of the Fund will be halted if the circuit
breaker parameters in NYSE Arca Equities Rule 7.12 have been reached or
because of market conditions or for reasons that, in the view of the
Exchange, make trading in the Shares inadvisable. Trading in the Shares
is subject to NYSE Arca Equities Rule 8.600(d)(2)(D), which sets forth
circumstances under which Shares of the Fund may be halted. The Web
site for the Fund includes a form of the prospectus for the Fund and
additional data relating to NAV and other applicable quantitative
information. In addition, as stated in the Prior Notice, investors have
ready access to information regarding the Fund's holdings, the
Portfolio Indicative Value, the Disclosed Portfolio, and quotation and
last sale information for the Shares.
    The proposed rule change is designed to perfect the mechanism of a
free and open market and, in general, to protect investors and the
public interest. As noted above, the Exchange represents that the
trading in the Shares will be subject to the existing trading
surveillances, administered by FINRA on behalf of the Exchange, which
are designed to detect violations of Exchange rules and applicable
federal securities laws. The Exchange represents that these procedures
are adequate to properly monitor Exchange trading of the Shares in all
trading sessions and to deter and detect violations of Exchange rules
and federal securities laws applicable to trading on the Exchange.
FINRA, on behalf of the Exchange, will communicate as needed regarding
trading in the Shares and exchange-listed equity securities (including
ADRs) with other markets and other entities that are members of the
ISG, and FINRA, on behalf of the Exchange, may obtain trading
information regarding trading in the Shares and exchange-listed equity
securities (including ADRs) from such markets and other entities. In
addition, the Exchange may obtain information regarding trading in the
Shares and exchange-listed equity securities (including ADRs) from
markets and other entities that are members of ISG or with which the
Exchange has in place a comprehensive surveillance sharing agreement.
In addition, as stated in the Prior Release, investors have ready
access to information regarding the Fund's holdings, the Portfolio
Indicative Value, the Disclosed Portfolio, and quotation and last sale
information for the Shares. The Adviser represents that the proposed
change, as described above, is consistent with the Fund's investment
objective, and will further assist the Adviser and Sub-Adviser to
achieve such investment objective. Such an increase may further the
public interest by providing the Fund with additional flexibility to
achieve long-term capital appreciation above international benchmarks.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purpose of the Act. The Exchange believes the
proposed rule change is designed to broaden the range of securities in
which the Fund may invest to include non-U.S. securities, thereby
helping the Fund to achieve its investment objective, and will enhance
competition among issues of Managed Fund Shares that invest in equity
securities.

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

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

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

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

of the Act \15\ and Rule 19b-4(f)(6)(iii) thereunder.\16\
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2015-06 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2015-06. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing will also be available
for inspection and copying at the principal office of the Exchange and
on its Internet Web site at www.nyse.com. All comments received will be
posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEArca-2015-06 and should be submitted
on or before March 13, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

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

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-03516 Filed 2-19-15; 8:45 am]
BILLING CODE 8011-01-P


  SEQ CHAPTER \h \r 1 SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

1.  Identification of the Information Collection

1(a)  Title of the Information Collection

Federal Plan Requirements For Municipal Solid Waste Landfills That
Commenced Construction Prior to May 30, 1991 and Have Not Been Modified
or Reconstructed Since May 30, 1991 (40 CFR part 62, subpart GGG)
(Renewal)

1(b)  Short Characterization/Abstract

	The Federal plan published at 40 CFR part 62, subpart GGG promulgated
on November 8, 1999, applies to any existing municipal solid waste (MSW)
landfill located in a state that is not covered by an approved and
effective state plan.  The United States Environmental Protection Agency
(EPA) Federal plan also applies to existing MSW landfills located on
Indian land.  EPA anticipates that fewer than 12 MSW landfills located
in Indian country will come under EPA’s Federal plan, which will be
large enough to warrant controls.  Additionally, the Federal plan
applies to existing landfills that handled everyday household waste and
were in operation from November 8, 1987, to May 30, 1991, or had
capacity available for future waste disposition.  MSW landfills
constructed on or after May 30, 1991 or MSW landfills which had changes
in design capacities on or after May 30, 1991, are subject to EPA’s
new source performance standards and not this rule.  This information is
being collected to assure compliance with 40 CFR part 62, subpart GGG.

	In general, all Federal plan standards require initial notifications,
performance tests, and periodic reports.  Owners or operators are also
required to maintain records of the occurrence and duration of any
startup, shutdown, or malfunction in the operation of an affected
facility, or any period during which the monitoring system is
inoperative.  These notifications, reports, and records are essential in
determining compliance, and are required of all sources subject to the
Federal plan.  For subpart GGG, it is expected that all potential
sources subject to this requirement have already performed all initial
performance tests and reports.  Since subpart GGG only applies to
existing sources and no more sources are expected to trigger the
requirements, only the routine reporting and recordkeeping requirements
currently apply.  Landfills that were required to install collection and
control systems must submit annual compliance reports.  Any owner or
operator subject to the provisions of this part shall maintain records
for at least 5 years.  All reports are sent to the delegated state or
local authority.  In the event that there is no such delegated
authority, the reports are sent directly to the EPA regional office.

	Approximately 173 sources are subject to this regulation.  It is
estimated that no additional sources will become subject to this
regulation in the next three years.  It is not possible for a facility
to qualify as an existing source, since it would have to be operational
and exceed the design capacity requirements before May 30, 1991.

	Owners or operators are required to keep continuous monitoring records
of the parameters reported in the initial performance report, and
records of monthly monitoring of surface methane concentrations.  All
MSW landfills are required to maintain records for the time specified in
the recordkeeping chart in section 4(b) “data items.”  Annual
compliance reports include: descriptions of any period in which the
value of any of the monitored operating parameters fell outside the
established ranges, and any period when the collection system or air
pollution control equipment malfunctioned, or when the collected gas was
diverted from the control device.

	All reports are submitted to the respondent’s state or local agency.
EPA delegated the enforcement authority to the state and local agencies.
 The information is used to determine that all sources subject to the
Federal emission guidelines are achieving the standards.

	The Office of Management and Budget (OMB) approved the currently active
Information Collection Request (ICR) with no Terms of Clearance.

2.  Need for and Use of the Collection

	2(a)  Need/Authority for the Collection

	The EPA is charged under section 111 of the Clean Air Act, as amended,
to establish procedures by which:

. . . each State shall submit to the Administrator a plan which (A)
establishes standards of performance for any existing source for any air
pollutant. . . to which a standard of performance would apply, if such
existing source were a new source; and (B) provides for the
implementation and enforcement of such standards of performance.

	In this case, the Administrator has authority to: (1) prescribe a plan
for a state in cases where the state fails to submit a satisfactory
plan..., and (2) enforce the provisions of such a plan where the state
fails to enforce them under sections 113 and 114, with respect to an
implementation plan.

	In addition, section 114(a)(1) states that:

. . . the Administrator may require any person who owns or operates any
emission source or who is subject to any requirement of this Act. . . to
(A) establish and maintain such records; (B) make such reports; (C)
install, use, and maintain such monitoring equipment or methods; (D)
sample such emissions (in accordance with such methods, at such
locations, at such intervals, and in such a manner as the Administrator
shall prescribe); and (E) provide other such information as may be
reasonably required.

	In the Administrator's judgment, emissions from MSW landfills that
cause or contribute to air pollution may be reasonably anticipated to
endanger public health or welfare.  Therefore, Federal emission
guidelines were promulgated for the control of existing MSW landfills
for States in which the state failed to submit an approved plan.
Certain reports are necessary to enable the Administrator to identify
existing sources subject to the emission guidelines and to determine if
the standards are achieved.

	2(b)  Practical Utility/Users of the Data

	The information generated by the monitoring, recordkeeping and
reporting requirements described in this ICR is used by the Agency to
ensure that facilities affected by the NES continue to operate the
control equipment and achieve compliance with the regulation.  Adequate
monitoring, recordkeeping, and reporting is necessary to ensure
compliance with the applicable regulations, as required by the Clean Air
Act.  The information collected from recordkeeping and reporting
requirements is also used for targeting inspections, and is of
sufficient quality to be used as evidence in court.

3.  Nonduplication, Consultations, and Other Collection Criteria

	The requested recordkeeping and reporting are required under 40 CFR
part 62, subpart GGG.

	3(a)  Nonduplication

	 If the subject standards have not been delegated, the information is
sent directly to the appropriate EPA regional office.  Otherwise, the
information is sent directly to the delegated state or local agency.  If
a state or local agency has adopted their own similar standards to
implement the Federal standards, a copy of the report submitted to the
state or local agency can be sent to the Administrator in lieu of the
report required by the Federal standards.  Therefore, no duplication
exists.

	3(b)  Public Notice Required Prior to ICR Submission to OMB

	An announcement of a public comment period for the renewal of this ICR
was published in the Federal Register on June 21, 2006, 71 FR 35652.  No
comments were received on the burden published in the Federal Register.

	3(c)  Consultations

	It is our policy to review carefully any comment received since the
last ICR renewal including those submitted in response to the first
federal register notice and respond appropriately.  In this case, no
comments were received.  The Agency’s internal industry experts have
been consulted.  The Agency’s internal data sources and projections of
industry growth over the next three years have also been considered.

	The primary source of information was the information provided by the
industry.  Information provided in the industry reports is housed in the
EPA’s AFS (Air Facility Subsystem) database.  Approximately 173
respondents are currently subject to the regulation. The Agency’s
information indicates that no new sources will be subject to this
standard in the future.

It should be noted that the industry trade association(s) and other
interested parties were provided an opportunity to comment on the burden
associated with the standard as it was being developed and the standard
has been previously reviewed to determine the minimum information needed
for compliance purposes.

	3(d)  Effects of Less Frequent Collection

	Less frequent information collection would decrease the margin of
assurance that facilities are continuing to meet the standards.
Requirements for information gathering and recordkeeping are useful
techniques to ensure that good operation and maintenance practices are
applied and emission limitations are met.  If the information required
by these standards was collected less frequently, the likelihood of
detecting poor operation and maintenance of control equipment and
noncompliance would decrease.  The Federal plan requirements included a
one-time design capacity report and an annual Non-Methane Organic
Compound (NMOC) emissions report (for landfills that exceed the design
capacity threshold and quarterly surface monitoring for landfills that
were required to install collection and control devices).

	3(e)  General Guidelines

	None of these reporting or recordkeeping requirements violates any of
the regulations established by OMB at 5 CFR 1320.5.

	3(f)  Confidentiality

	The required information has been determined as non-confidential.
However, any information submitted to the Agency for which a claim of
confidentiality is made will be safeguarded according to the Agency
policies set forth in Title 40, chapter 1, part 2, subpart B -
Confidentiality of Business Information (see 40 CFR 2; 41 FR 36902,
September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR
42251, September 20, 1978; 44 FR 17674, March 23, 1979).

	3(g)  Sensitive Questions

	None of the reporting or recordkeeping requirements contains sensitive
questions.  This section is not applicable because this ICR does not
involve matters of a sensitive nature.

4.  The Respondents and the Information Requested

	4(a)  Respondents/SIC Codes

	The respondents for recordkeeping and reporting requirements are MSW
landfills that are located in those States that do not have an
EPA-approved and effective state plan.  The North American Industry
Classification System (NAICS) code is 92411 (Air and Water Resource and
Solid Waste Management) and 562212 (Refuse Systems, Solid Waste
Landfills).  Under the old Standard Industrial Classification (SIC)
reference system, landfills affected by the emission guidelines are code
4953.

	4(b)  Information Requested

These standards require affected facilities to maintain all records,
including the submitted reports and notifications for at least 5 years.
This is consistent with the General Provisions as applied to the
standards.  EPA believes that the 5-year records retention requirement
is consistent with the part 70 permit program and the 5-year statute of
limitations on which the permit program is based.  In addition, the
retention of records for 5 years would allow EPA to establish the
compliance history of a source and any pattern of compliance for
purposes of determining the appropriate level of enforcement action.
Historically, EPA has found that the most flagrant violators frequently
have violations extending beyond 5 years.  EPA would be prevented from
pursuing the worst violators due to the destruction or nonexistence of
records if records were retained for less than 5 years.

		(i)  Data Items

	All data in this ICR that is recorded and/or reported is required by
Federal plan reporting and recordkeeping requirements for existing
municipal solid waste landfills, 40 CFR part 62, subpart GGG.

	A source must make the following reports:

Notifications and Reports for 40 CFR part 62, subpart GGG

Reporting of initial design capacity (Year 1 only: reports were
submitted).  This requirement no longer applies.	62.14355 (a)(1)

60.757(a)

Reporting the initial and annual NMOC emission rate.  The initial report
requirement no longer applies.	62.14355(a)(2)

Collection and control system design plan.  This requirement no longer
applies.	62.14355

60.757(b)

Report increments of progress.  This requirement no longer applies.
62.14355(b) and (c)

Annual compliance report	60.757(f)

Reporting of landfill closure	60.757(d)

Reporting of equipment removal	60.757(e)

	A source must maintain the following records:

Recordkeeping for 40 CFR part 62, subpart GGG

Records of maximum design capacity, refuse-in-place, year-by-year waste
acceptance (maintain 5 years)	62.14355

60.758

Records of system design and initial performance test/compliance
determination (maintain 5 years)	62.14355

60.758

Records of monitoring (maintain 5 years)	62.14355; 60.758

 Record of a plot map and well locations for the life of the landfill
(maintain for life of collection system)	62.14355

60.758

Records of collection & control system exceedances (maintain 5 years)
62.14355; 60.758(c)

	Respondents will most likely submit hard copy reports, although some
may submit electronic versions.  The rule allows records to be retained
in hard copy or electronic format to allow flexibility and minimize
burden.

5.  The Information Collected: Agency Activities, Collection
Methodology, and Information Management

	5(a)  Agency Activities

	EPA conducts the following activities in connection with the
acquisition, analysis, storage, and distribution of the required
information.

Agency Activities

Observe performance tests if necessary.

Review notifications and reports, including performance test reports,
and other reports required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Air Facility Subsystem (AFS)
database.

	5(b)  Collection Methodology and Management

	Some respondents were required to submit a one-time only design
capacity report to EPA.  Others also were required to submit additional
reports, including annual emission rate reports, control system design
plans, progress reports, and annual compliance reports.  EPA engineers
review the submitted information in the reports to determine whether
each landfill is in compliance with the rule.  EPA staff reviews the
calculations included in those reports to ensure that landfills used the
required methodology and that the NMOC emission rate is correctly
calculated.  Files of hard copy reports are kept at EPA regional
offices.

Landfill location and design information contained in the reports is
entered into AFS which is operated and maintained by EPA's Office of Air
Quality Planning and Standards.  AFS is EPA’s database for the
collection, maintenance, and retrieval of compliance and annual emission
inventory data for over 100,000 industrial and government-owned
facilities.  EPA uses AFS for tracking air pollution compliance and
enforcement by local and state regulatory agencies, EPA regional offices
and EPA headquarters.  EPA and its delegated Authorities can edit,
store, retrieve and analyze the data.

5(c)  Small Entity Flexibility

	There are no small businesses affected by this regulation.  The EPA
does not expect that small MSW landfills will be adversely impacted by
the Federal plan.  Small landfills only were required to submit a
one-time design capacity report.  In choosing 2,500,000 Mg and 2,500,000
cubic meters design capacity as the regulatory cutoff for annual
reporting, the EPA exempted landfills that are very unlikely to emit 50
Mg or more of NMOC per year.  The EPA also developed a computer model
version of the Tier system on floppy disk that is available to any owner
or operator subject to the Federal plan.  Such tools significantly
reduced the burden of the NMOC emission rate calculation.

	5(d)  Collection Schedule

	The specific frequency for each information collection activity within
this request is quarterly.  Reporting is done on an annual basis.

6.  Estimating the Burden and Cost of the Collection

	Table 1 documents the computation of annual burdens for the
recordkeeping and reporting requirements applicable to the industry for
40 CFR part 62, subpart GGG included in this ICR.  The individual
burdens are expressed under standardized headings are believed to be
consistent with the concept of burden under the Paperwork Reduction Act.
 Where appropriate, specific tasks and major assumptions have been
identified.  Responses to this information collection are mandatory.

	The Federal plan for MSW landfills affects 173 landfills.  All 173
landfills need to submit annual compliance reports.

	The Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB Control Number.

	6(a)  Estimating Respondent Burden

	The average annual burden to industry for these recordkeeping and
reporting requirements is estimated to be 12,456 hours (the number of
hours was corrected on August 3, 2006, because there was a mathematical
error).  These hours are based on Agency studies and background
documents from the development of the regulation, Agency knowledge and
experience with the program, and the previously approved ICR.

	6(b)  Estimating Respondent Costs

	It is estimated that the annual costs to respondents is $242,000 for
monitoring activities.  Operating and maintenance costs for the year are
estimated at $1,400 per monitor.

		(i)  Estimating Labor Costs

	This ICR uses the following labor rates: $85.81 per hour for Executive,
Administrative, and Managerial labor; $57.12 per hour for Technical
labor, and $36.27 per hour for Clerical labor.  These rate(s) are from
the United States Department of Labor, Bureau of Labor Statistics, March
2001, “Table 10. Private industry, by occupational and industry
group.”  The rates are from column 1, “Total compensation.”  The
wage rates have been increase by 110 percent to account for the benefit
packages available to those employed by private industry.  It is
estimated that 85 percent of the respondent burden hours is technical; 5
percent management; 10 percent clerical.

	Managerial	$85.81  ($40.86 + 110%)

Technical	$57.12  ($27.20 + 110%)

	Clerical	$36.27  ($17.27 + 110%)

Using the above labor rates, the average cost is $56.47 ($4.29
management; $48.55 technical; $3.63 clerical).

		(ii)  Estimating Capital/Startup and Operation and Maintenance Costs

	Since all requirements for initial design capacity reports and
activities were required to be only completed in the first year, there
are no startup costs for the remaining years.  Operation and maintenance
costs for the year are estimated at $1,400/monitor.

		(iii)  Capital/Startup vs. Operation and Maintenance (O&M) Costs

	Since all the monitors have been previously purchased, there are no
more capital costs associated with this ICR.  There are operation and
maintenance costs for the monitors which are estimated to be $1400 per
monitor/year.

	6(c)  Estimating Agency Burden and Cost

	The only costs to the Agency are those costs associated with analysis
of the reported information.  Publication and distribution of the
information are part of the AFS program.  Examination of records to be
maintained by the respondents will occur as part of the periodic
inspection of sources, which is part of EPA's overall compliance and
enforcement program.

	The average annual Agency cost during the three years of the ICR is
estimated to be $25,749.32 (see Table 2).  This cost is based on the
average hourly labor rate at a GS-12, Step 1, times a 1.6 benefits
multiplication factor to account for government overhead expenses for a
total of 729 hours as follows:

	Managerial	$51.62   (GS-13, Step 5, $32.26 x 1.6):

			 	Total 35 management person hours

Technical	$38.30   (GS-12, Step 1, $23.94 x 1.6):

				 Total technical person hours 692

	Clerical	$20.72   (GS-6, Step 3, $12.95 x 1.6)]

				Total clerical person hours 2

Using these rates, it is estimated that the average cost is $37.21.
These rates are from the Office of Personnel Management (OPM) “2002
General Schedule” which excludes locality rates of pay.

	6(d)  Estimating the Respondent Universe and Total Burden and Costs

Respondent Universe and Number of Responses Per Year

Regulation Citation	(A)

Average Number of New Respondents per Year	(B)

Number of Reports for New Sources	(C)

Number of Existing Respondents	(D)

Number of Reports for Existing Sources	(F)

Number of Respondents that keep records but do not submit reports	(E)

Total Annual Responses =

(AxB)+(CxD)+ F

40 CFR, part 62, subpart GGG	0	0	173	1	N/A	173

	The number of total respondents is 173.  This number is the sum of
column A and column C of the Respondent Universe and Number of Responses
Per Year table.  This represents the number of existing sources and no
new sources averaged over the three-year period (i.e., number of new
respondents per year multiplied by 3 years divided by two).

	The number of Total Respondents is 173.  This is the number in column D
of Table 1: Annual Respondent Burden & Cost of Monitoring/Record
Keeping/Reporting.

	The total annual labor hours are 12,456.  Details upon which this
estimate is based appear in Table 1. Annual Respondent Burden and Cost.

	The total annual capital and O&M costs to the regulated entity are
$242,000.

6(e)  Bottom Line Burden Hours Burden Hours And Cost Tables

The bottom line burden hours and cost tables for both the Agency and the
respondents appear in the two tables attached to this supporting
statement.

6(f)  Reasons for Change in Burden

	There has not been any change in burden except for corrections due to a
mathematical error.

	6(g)  Burden Statement

	The annual public reporting and recordkeeping burden for this
collection of information is estimated to average 72 hours per response.
 Burden means the total time, effort, or financial resources expended by
persons to generate, maintain, retain, or disclose or provide
information to or for a Federal agency.  This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to comply
with any previously applicable instructions and requirements; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.  An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.  The OMB control numbers for EPA's regulations are
listed in 40 CFR part 9.

	To comment on the Agency's need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID Number
EPA-HQ-OECA-2006-0440, which is available for public viewing at the
Enforcement and Compliance Docket and Information (ECDIC), Email:
HYPERLINK mailto:docket<EMAIL_ADDRESS><EMAIL_ADDRESS> mail code
2220T in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301
Constitution Avenue, NW, Washington, DC.  The EPA Docket Center Public
Reading Room is open from 8:00 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays.  The telephone number for the Reading Room is
(202) 566-1744, and the telephone number for the Enforcement and
Compliance Docket and Information (ECDIC), Docket is<PHONE_NUMBER>.  An
electronic version of the public docket is available through   HYPERLINK
"http://www.regulations.gov"  www.regulations.gov  .  Use   HYPERLINK
"http://www.regulations.gov"  www.regulations.gov  to submit or view
public comments, access the index listing of the contents of the public
docket, and to access those documents in the public docket that are
available electronically.  Once in the system, select “search”, then
key in the docket ID number identified above.  Also, you can send
comments to the Office of Information and Regulatory Affairs, Office of
Management and Budget, 725 17th Street, NW, Washington, DC 20503,
Attention: Desk Office for EPA.  Please include the EPA Docket ID Number
EPA-HQ-OECA-2006-0440 and OMB control number 2060-0430 in any
correspondence.

NOTE:  The EPA Docket Center suffered damage due to flooding during the
last week of June 2006.  The Docket Center is continuing to operate.
However, during the cleanup, there will be temporary changes to Docket
Center telephone numbers, addresses, and hours of operation for people
who wish to visit the Public Reading Room to view documents.  Consult
EPA's Federal Register notice at 71 FR 38147 (July 5, 2006) or the EPA
website at   HYPERLINK "http://www.epa.gov/epahome/dockets.htm"
www.epa.gov/epahome/dockets.htm  for current information on docket
status, locations and telephone numbers.

Part B of the Supporting Statement

This part is not applicable because no statistical methods were used in
collecting this information.TABLE 1: ANNUAL RESPONDENT BURDEN & COST OF
MONITORING/RECORD KEEPING/REPORTING

Person-	Occurrences	Person-

Total

	Burden Item	hours per	per	hours per

person-

occurrence	Respondents	respondent	Respondents	hours	Cost$

	 (A) 	 (B) 	 (C)=(AxB) 	 (D) 	 (E)=(CxD) 	(H)a

1. Applications	 N/A

2. Surveys and Studies	 N/A

	3.  Reporting Requirements

   A.  Read Instructions	 N/A

	   B.  Required Activities

      - Submit Design Plan	 N/A

	      - Initial performance test report	 N/A

	      - Annual Compliance Report	       2 	     1 	      2 	  173
346 	   19,538.62

      - Quarterly surface methane monitoringb	      14 	     4 	     56
173 	  9,688 	  547,081.36

      - O&M of portable monitorc

   C.  Create Information	 See 3B

	   D.  Gather Existing Information	 See 3E

	   E.  Write Report

      - Initial design capacity report	 N/A

	      - Annual report of NMOC flow rate	 N/A

	        (Tier 1 calculation)	 N/A

	      - Report of Tier 2 and 3 Sampling	 N/A

	      - Report of initial performance test	 See 3B

	      - Semi-annual compliance report 	 See 3B

	4.  Recordkeeping Requirements

   A.  Read Instructions	 See 3A

	   B.  Plan Activities	 N/A

	   C.  Implement Activities	 N/A

	   D.  Develop Record System	 N/A

	   E.  Time to Enter Information

      - Records of control system monitoringb	     0.5 	    12 	      6
  173 	 1,038 	   58,616.00

      - Records of accumulated refuse	       8 	     1 	      8 	  173
 1,384 	   78,154.48

   F.  Time to train Personnel

   G.  Time for Audits	 N/A

Total BURDEN AND COST	 	 	 	 	 12,456 	     703,390

a It's estimated that 85% of the respondent burden hours is technical;
5% management; 10% clerical.  The average cost is $56.47.  Costs are
based on 1989 CAIR labor rates adjusted using the latest Employment Cost
Index which yields the following March 1998 hourly rates: technical at
$57.12, management at $85.81 and clerical at $36.27.

b Monitoring hours include operating and maintenance time.

c Operating and maintenance costs for the year is estimated at
$1400/monitor.

Column F Row 31 corrected on 08/03/06

Table 2.  Annual Burden and Cost for the Federal Government

	EPA hours	Occurences	Person-hours

per	per	per

Total

	Activity	occurrence	Respondent	Respondent	Respondents	person-hours	Cost
$ Yr

 	(A)	(B)	(C)=(AxB)	(D)	(E)=(CxD)	(H)a

Review initial design capacity report	N/A

	Review report of initial performance	N/A

	test.

Review Design Plan	N/A

	Observe initial performance tests	N/A

	Review annual NMOC emission rate

report	2	1	2	     173 	     346 	  12,874.66

Review Tier 2 Calculations	N/A

	Review Tier 3 Calculations	N/A

	Review annual compliance report	2	1	2	     173 	     346 	  12,874.66

Travel expenses for tests attended	N/A

 	 	 	 	 	     692 	  25,749.32

a It's estimated that 85% of the respondent burden hours is technica; 5%
management; 10% clerical.  Using The average cose is $56.47.  Costs are
bas摥漠㤱㤸䌠䥁⁒慬潢⁲慲整⁳摡番瑳摥甠楳杮琠敨
氠瑡獥⁴浅汰祯敭瑮䌠獯⁴湉敤⁸桷捩楹汥獤琠敨映
汯潬楷杮䴠牡档ㄠ㤹‸潨牵祬爠瑡獥›܇܇܇܇整档楮慣
瑡␠㠳㌮ⰰ洠湡条浥湥⁴瑡␠ㄵ㘮′湡汣牥捩污愠
⁴㈤⸰㈷܇܇ഇഃЍ഍ഃЍ഍倓䝁⁅ᔠ഍ግ䅐䕇†ㄔᔰ഍

഍഍


[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)]
[Notices]
[Pages 15194-15195]
[FR Doc No: 2018-07141]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2018-19]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, this aspect of the FAA's regulatory activities.
Neither publication of this notice nor the inclusion or omission of
information in the summary is intended to affect the legal status of
the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before April 30, 2018.

ADDRESSES: Send comments identified by docket number FAA-2018-0213
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.

     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mark Forseth, AIR-673, Federal
Aviation Administration, 2200 S. 216th St., WA 98198-6547, email
[email protected], phone<PHONE_NUMBER>; or Alphonso Pendergrass,
ARM-200, Office of Rulemaking, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591, email
[email protected], phone<PHONE_NUMBER>.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Renton, Washington, on April 3, 2018.
Victor Wicklund,
Manager, Transport Standards Branch.

Petition for Exemption

    Docket No.: FAA-2018-0213.
    Petitioner: The Boeing Company.
    Section of 14 CFR Affected: Sec. Sec.  25.561(b)(3)(ii) and (c),
and 25.787(a) and (b).
    Description of Relief Sought: Provide relief, for Boeing Model 747-
8F and 747-400F freighter airplanes, from the requirements to prevent
contents in the cargo compartment from becoming a hazard by shifting
during emergency landing conditions.

[FR Doc. 2018-07141 Filed 4-6-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 106 (Monday, June 5, 2017)]
[Notices]
[Page 25794]
[FR Doc No: 2017-11513]

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

ENVIRONMENTAL PROTECTION AGENCY

[9961-58-OEI]

Cross-Media Electronic Reporting: Authorized Program Revision
Approval, State of Utah

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces EPA's approval of the State of Utah's
request to revise/modify certain of its EPA-authorized programs to
allow electronic reporting.

DATES: EPA's approval is effective June 5, 2017.

FOR FURTHER INFORMATION CONTACT: Karen Seeh, U.S. Environmental
Protection Agency, Office of Environmental Information, Mail Stop
2823T, 1200 Pennsylvania Avenue NW., Washington, DC 20460, (202) 566-
1175<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On October 13, 2005, the final Cross-Media
Electronic Reporting Rule (CROMERR) was published in the Federal
Register (70 FR 59848) and codified as part 3 of title 40 of the CFR.
CROMERR establishes electronic reporting as an acceptable regulatory
alternative to paper reporting and establishes requirements to assure
that electronic documents are as legally dependable as their paper
counterparts. Subpart D of CROMERR requires that state, tribal or local
government agencies that receive, or wish to begin receiving,
electronic reports under their EPA-authorized programs must apply to
EPA for a revision or modification of those programs and obtain EPA
approval. Subpart D provides standards for such approvals based on
consideration of the electronic document receiving systems that the
state, tribe, or local government will use to implement the electronic
reporting. Additionally, Sec.  3.1000(b) through (e) of 40 CFR part 3,
subpart D provides special procedures for program revisions and
modifications to allow electronic reporting, to be used at the option
of the state, tribe or local government in place of procedures
available under existing program-specific authorization regulations. An
application submitted under the subpart D procedures must show that the
state, tribe or local government has sufficient legal authority to
implement the electronic reporting components of the programs covered
by the application and will use electronic document receiving systems
that meet the applicable subpart D requirements.
    On March 28, 2017, the Utah Department of Environmental Quality (UT
DEQ) submitted an application titled ``NPDES e-Reporting Tool'' for
revisions/modifications to its EPA-approved programs under title 40 CFR
to allow new electronic reporting. EPA reviewed UT DEQ's request to
revise/modify its EPA-authorized programs and, based on this review,
EPA determined that the application met the standards for approval of
authorized program revisions/modifications set out in 40 CFR part 3,
subpart D. In accordance with 40 CFR 3.1000(d), this notice of EPA's
decision to approve Utah's request to revise/modify its following EPA-
authorized programs to allow electronic reporting under 40 CFR parts
122, 125, 403-471, 501, and 503, is being published in the Federal
Register:
    Part 123--EPA Administered Permit Programs: The National Pollutant
Discharge Elimination System;
    Part 403--General Pretreatment Regulations for Existing and New
Sources of Pollution; and
    Part 501--State Sludge Management Program Regulations.
    UT DEQ was notified of EPA's determination to approve its
application with respect to the authorized programs listed above.

Matthew Leopard,
Director, Office of Information Management.
[FR Doc. 2017-11513 Filed 6-2-17; 8:45 am]
 BILLING CODE 6560-50-P