[Federal Register Volume 83, Number 136 (Monday, July 16, 2018)]
[Rules and Regulations]
[Pages 32759-32764]
[FR Doc No: 2018-15071]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2015-0310; Special Conditions No. 25-732-SC]

Special Conditions: Gulfstream Aerospace Corporation Model GVII-
G500 Series Airplanes; Flight Envelope Protection--High Incidence
Protection System

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions.

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

SUMMARY: These special conditions are issued for the Gulfstream
Aerospace Corporation (Gulfstream) Model GVII-G500 series airplanes.
This airplane will have a novel or unusual design feature when compared
to the state of technology and design envisioned in the airworthiness
standards for transport category airplanes. This design feature is a
high incidence protection system that limits the angle of attack at
which the airplane can be flown during normal low speed operation. The
applicable airworthiness regulations do not contain adequate or
appropriate safety standards for this design feature. These special
conditions contain the additional safety standards that the
Administrator considers necessary to establish a level

of safety equivalent to that established by the existing airworthiness
standards.

DATES: This action is effective on July 16, 2018.

FOR FURTHER INFORMATION CONTACT: Joe Jacobsen, Airframe & Flight Crew
Interface Section, AIR-671, Transport Standards Branch, Policy and
Innovation Division, Aircraft Certification Service, Federal Aviation
Administration, 2200 216th Street, Des Moines, Washington 98198;
telephone and fax<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On June 30, 2013, Gulfstream Aerospace Corporation (Gulfstream)
applied for a type certificate for its new Model GVII-G500 series
airplane. The Gulfstream Model GVII-G500 series airplane will be a
business jet with seating for up to 19 passengers. It will incorporate
a low, swept-wing design with a T-tail. The powerplant will consist of
two aft-fuselage-mounted turbofan engines. The Gulfstream Model GVII-
G500 series airplane's maximum takeoff weight will be approximately
79,600 pounds.
    The high incidence protection system prevents the airplane from
stalling at low speeds and, therefore, a stall warning system is not
needed during normal flight conditions.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.17, Gulfstream must show that the Model GVII-G500 series
airplane meets the applicable provisions of 14 CFR part 25, as amended
by amendments 25-1 through 25-137.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Gulfstream Model GVII-G500 series
airplane because of a novel or unusual design feature, special
conditions are prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, these special conditions would also apply to
the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Gulfstream Model GVII-G500 series airplane must comply
with the fuel vent and exhaust emission requirements of 14 CFR part 34,
and the noise certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type
certification basis under Sec.  21.17(a)(2).

Novel or Unusual Design Features

    The Gulfstream Model GVII-G500 series airplane will incorporate the
following novel or unusual design feature:
    A high incidence protection system, which limits the angle of
attack at which the airplane can be flown during normal low speed
operation, prohibits the airplane from stalling, and cannot be
overridden by the flightcrew. The application of this angle of attack
limit influences the stall speed determination, stall characteristics,
stall warning demonstration, and longitudinal handling characteristics
of the airplane. Existing airworthiness regulations do not contain
adequate standards to address this feature.

Discussion

    The high incidence protection system prevents the airplane from
stalling at low speeds and, therefore, a stall warning system is not
needed during normal flight conditions. However, during failures, which
are not shown to be extremely improbable, the requirements of
Sec. Sec.  25.203 and 25.207 apply, although slightly modified by these
conditions. If there are failures of the high incidence protection
system that are not shown to be extremely improbable, the flight
characteristics at the angle of attack for CLMAX must be
suitable in the traditional sense, and stall warning must be provided
in a conventional manner.
    Part I of the special conditions is in lieu of Sec. Sec.  25.21(b),
25.103, 25.145(a), 25.145(b)(6), 25.175(c) and (d), 25.201, 25.203,
25.207, and 25.1323(d). Part II is in lieu of Sec. Sec.  25.21(g)(1),
25.105(a)(2)(i), 25.107(c) and (g), 25.121(b)(2)(ii)(A),
25.121(c)(2)(ii)(A), 25.121(d)(2)(ii), 25.123(b)(2)(i),
25.125(b)(2)(ii)(B), and 25.143(j).
    These special conditions address this novel or unusual design
feature on the Gulfstream Model GVII-G500 series airplane, and contain
the additional safety standards that the Administrator considers
necessary to establish a level of safety equivalent to that established
by the existing airworthiness standards.
    These special conditions are different from special conditions
previously issued on this topic. In Part I, sections 3.b.iv, 3.b.vi,
3.e.vi, 5.a.i.1, 5.a.i.4, 5.a.i.6, 5.a.i.7, 5.c.i.4, 5.c.i.5, 5.c.i.6,
5.c.ii.4, and 5.c.ii.5, previously used verbiage was updated to reflect
language recommended in the Aviation Rulemaking Advisory Committee
(ARAC) Flight Test Harmonization Working Group (FTHWG) Phase 2 report.
This language more accurately describes the actions required and
formulas to be used to obtain the required result. In Part I, sections
3.b.ii and 5.a.ii.4, the ARAC FTHWG language was adapted to reflect
specific Gulfstream design features.
    In several previous special conditions on this subject, we used the
nomenclature VCLMAX. To avoid confusion with previous
Gulfstream special conditions, we have changed the nomenclature to
VCLMAX Demo to highlight a difference. The difference is not
significant, but the change in nomenclature was considered clarifying
and therefore was adopted in this instance.

Discussion of Comments

    The FAA issued Notice of Proposed Special Conditions No. 25-18-02-
SC for the Gulfstream Model GVII-G500 series airplane, which was
published in the Federal Register on May 14, 2018 (83 FR 22214). The
FAA received one comment that was not relevant to the subject of these
special conditions. Therefore, the special conditions are adopted as
proposed.

Applicability

    As discussed above, these special conditions are applicable to the
Gulfstream Model GVII-G500 series airplane. Should Gulfstream apply at
a later date for a change to the type certificate to include another
model incorporating the same novel or unusual design feature, these
special conditions would apply to that model as well.
    Under standard practice, the effective date of final special
conditions would be 30 days after the date of publication in the
Federal Register. However, as the certification date for the Gulfstream
Model GVII-G500 series airplane is imminent, the FAA finds that good
cause exists to make these special conditions effective upon
publication.

Conclusion

    This action affects only certain novel or unusual design features
on Gulfstream Model GVII-G500 series of airplanes. It is not a rule of
general applicability.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

Authority Citation

    The authority citation for these special conditions is as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, 44701, 44702,
44704.

The Special Conditions

0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for Gulfstream Model GVII-G500 series
airplanes.

Part I: Stall Protection and Scheduled Operating Speeds

    In the following sections, ``in icing conditions,'' means with ice
accretions (relative to the relevant flight phase) as defined in
appendix C to part 25, at amendment 25-121.
1. Definitions
    These special conditions use terminology that does not appear in 14
CFR part 25. For the purpose of these special conditions, the following
terms describe certain aspects of this novel or unusual design feature:

High-Incidence Protection System

    A system that operates directly and automatically on the airplane's
flight controls to limit the maximum angle of attack that can be
attained to a value below that at which an aerodynamic stall would
occur.

Alpha-Limit

    The maximum angle of attack at which an airplane stabilizes with
the high incidence protection system operating and the longitudinal
control held on its aft stop.

VMIN

    The minimum steady flight speed in the airplane's configuration
under consideration with the high incidence protection system
operating. See Part I, Section 3, ``Minimum Steady Flight Speed and
Reference Stall Speed,'' of these special conditions.

VMIN1g

    VMIN corrected to 1g acceleration of gravity conditions.
See Part I, Section 3, ``Minimum Steady Flight Speed and Reference
Stall Speed,'' of these special conditions. This is the minimum
calibrated airspeed at which the airplane can develop a lift force
normal to the flight path and equal to its weight when at an angle of
attack not greater than that determined for VMIN.
2. Capability and Reliability of the High Incidence Protection System
    The applicant must establish the capability and reliability of the
high incidence protection system. The applicant may establish this
capability and reliability by flight testing, simulation, or analysis
as appropriate. The capability and reliability required are:
    a. It must not be possible to encounter a stall during the pilot-
induced maneuvers required by Part I, section 5(a), ``High Incidence
Handling Demonstrations,'' and the handling characteristics must be
acceptable as required by Part I, section 5(b), ``Characteristics in
High Incidence Maneuvers'' of these special conditions;
    b. The airplane must be protected against stalling due to the
effects of wind shears and gusts at low speeds as required by Section
6, ``Atmospheric Disturbances'' of these special conditions;
    c. The ability of the high incidence protection system to
accommodate any reduction in stalling incidence must be verified in
icing conditions;
    d. The high incidence protection system must be provided in each
abnormal configuration of the high lift devices that is likely to be
used in flight following system failures; and
    e. The reliability of the system and the effects of failures must
be acceptable in accordance with Sec.  25.1309.
3. Minimum Steady Flight Speed and Reference Stall Speed
    In lieu of Sec.  25.103, ``Stall speed,'' the following applies:
    a. The minimum steady flight speed, VMIN, is the final,
stabilized, calibrated airspeed obtained when an airplane is
decelerated until the longitudinal control is on its stop in such a way
that the entry rate does not exceed 1 knot per second.
    b. The minimum steady flight speed, VMIN, must be
determined in icing and non-icing conditions with:
    i. The high incidence protection system operating normally;
    ii. Idle thrust;
    iii. All combinations of flap settings and landing gear positions
for which VMIN is required to be determined;
    iv. The weight used when the reference stall speed, VSR,
is used as a factor to determine compliance with a required performance
standard;
    v. The most unfavorable center of gravity (CG) allowable; and
    vi. The airplane trimmed for straight flight at a speed selected by
the applicant, but not less than 1.13 VSR and not greater
than 1.3 VSR.
    c. The 1g minimum steady flight speed, VMIN1g, is the
minimum calibrated airspeed at which an airplane can develop a lift
force (normal to the flight path) equal to its weight, while at an
angle of attack not greater than that at which the minimum steady
flight speed referenced in section 3(a) of this special condition is
determined. These minimum calibrated airspeeds must be determined for
both icing and non-icing conditions.
    d. The reference stall speed, VSR, is a calibrated
airspeed defined by the applicant. VSR may not be less than
a 1g stall speed. VSR must be determined in non-icing
conditions and expressed as:
[GRAPHIC] [TIFF OMITTED] TR16JY18.012

Where:

VCLMAX Demo = Demonstrated calibrated airspeed obtained
when the corrected lift coefficient of the load factor
[GRAPHIC] [TIFF OMITTED] TR16JY18.013

 is first a maximum during the maneuver
 prescribed in section 3(e)(viii) of this
 special condition.
nZW = Load factor normal to the flight path at
VCLMAX Demo
W = Airplane gross weight;
S = Aerodynamic reference wing area; and
q = Dynamic pressure.

    e. VCLMAX Demo is determined in non-icing conditions
with:
    i. Engines idling, or, if that resultant thrust causes an
appreciable decrease in stall speed, not more than zero thrust at the
stall speed;
    ii. The airplane in other respects (such as flaps and landing gear)
in the condition existing in the test or performance standard in which
VSR is being used;
    iii. The weight used when VSR is being used as a factor
to determine compliance with a required performance standard;
    iv. The CG position that results in the highest value of the
reference stall speed;
    v. The airplane trimmed for straight flight at a speed selected by
the applicant, but not less than 1.13 VSR and not greater
than 1.3 VSR;
    vi. At the option of the applicant, the high incidence protection
system can be disabled or adjusted to allow full development of the
maneuver to the angle of attack corresponding to VSR; and
    vii. Starting from the stabilized trim condition, with an
application of the longitudinal control to decelerate the airplane so
that the speed reduction does not exceed 1 knot per second.

4. Stall Warning
    In lieu of Sec.  25.207, the following apply:
a. Normal Operation
     If the design meets all conditions of Part I, section 2 of these
special conditions, then the airplane need not provide stall warning
during normal operation. The conditions of Part I, section 2 provide a
level of safety equal to the intent of Sec.  25.207, ``Stall warning,''
so the provision of an additional, unique warning device for normal
operations is not required.
b. High Incidence Protection System Failure
     For any failures of the high incidence protection system that the
applicant cannot show to be extremely improbable, and that result in
the capability of the system no longer satisfying any part of sections
2(a), (b), and (c) of Part I of these special conditions: The design
must provide stall warning that protects against encountering
unacceptable characteristics and against encountering stall.
    i. This stall warning, with the flaps and landing gear in any
normal position, must be clear and distinctive to the pilot, and must
meet the requirements specified in sections 4(b)(iv) and 4(b)(v) of
Part I of these special conditions.
    ii. The design must also provide this stall warning in each
abnormal configuration of the high lift devices that is likely to be
used in flight following system failures.
    iii. The design may furnish this stall warning either through the
inherent aerodynamic qualities of the airplane or by a device that will
provide clearly distinguishable indications to the flightcrew under all
expected conditions of flight. However, a visual stall warning device
that requires the attention of the flightcrew within the flight deck is
not acceptable by itself. If a warning device is used, it must provide
a warning in each of the airplane configurations prescribed in section
4(b)(i), above, and for the conditions prescribed in sections 4(b)(iv)
and 4(b)(v) of part I of these special conditions.
    iv. In non-icing conditions, the stall warning must provide
sufficient margin to prevent encountering unacceptable characteristics
and encountering stall in the following conditions:
    1. In power-off straight deceleration not exceeding 1 knot per
second to a speed of 5 knots or 5 percent calibrated airspeed (CAS),
whichever is greater, below the warning onset; and
    2. In turning flight, stall deceleration at entry rates up to 3
knots per second when recovery is initiated not less than 1 second
after the warning onset.
    v. In icing conditions, the stall warning must provide sufficient
margin to prevent encountering unacceptable characteristics and
encountering stall in power-off straight and turning flight
decelerations not exceeding 1 knot per second, when the pilot starts a
recovery maneuver not less than three seconds after the onset of stall
warning.
    vi. An airplane is considered stalled when the behavior of the
airplane gives the pilot a clear, distinctive, and acceptable
indication that the airplane is stalled. Acceptable indications of a
stall, occurring either individually or in combination, are:
    1. A nose-down pitch that cannot be readily arrested;
    2. Buffeting of a magnitude and severity that is strong and thereby
an effective deterrent to further speed reduction; or
    3. The pitch control reaches the aft stop, and no further increase
in pitch attitude occurs when the control is held full aft for a short
time before recovery is initiated.
    vii. An airplane exhibits unacceptable characteristics during
straight or turning flight decelerations if it is not always possible
to produce and to correct roll and yaw by unreversed use of aileron and
rudder controls, or abnormal nose-up pitching occurs.
5. Handling Characteristics at High Incidence
a. High Incidence Handling Demonstrations
    In lieu of Sec.  25.201, ``Stall demonstration,'' the following is
required:
    i. Maneuvers to the limit of the longitudinal control, in the nose-
up sense, must be demonstrated in straight flight and in 30-degree
banked turns with:
    1. The high incidence protection system operating normally;
    2. Initial power conditions of:
    a. Power off; and
    b. Power necessary to maintain level flight at 1.5 VSR1,
where VSR1 is the reference stall speed with flaps in
approach position, landing gear retracted, and maximum landing weight;
    3. None;
    4. Flaps, landing gear, and deceleration devices in any likely
combination of positions not prohibited by the airplane flight manual
(AFM);
    5. Representative weights within the range for which certification
is requested;
    6. The most adverse CG for recovery; and
    7. The airplane trimmed for straight flight at the speed prescribed
in section 3(e)(v) of these special conditions.
    ii. The following procedures must be used to show compliance in
non-icing and icing conditions:
    1. Starting at a speed sufficiently above the minimum steady flight
speed to ensure that a steady rate of speed reduction can be
established, apply the longitudinal control so that the speed reduction
does not exceed 1 knot per second until the control reaches the stop.
    2. The longitudinal control must be maintained at the stop until
the airplane has reached a stabilized flight condition, and must then
be recovered by normal recovery techniques.
    3. Maneuvers with increased deceleration rates:
    a. In non-icing conditions, the requirements must also be met with
increased rates of entry to the incidence limit, up to the maximum rate
achievable.
    b. In icing conditions, with the anti-ice system working normally,
the requirements must also be met with increased rates of entry to the
incidence limit, up to three knots per second.
    4. Maneuvers with ice accretion prior to normal operation of the
ice protection system:
    For flight in icing conditions before the ice protection system has
been activated and is performing its intended function, the handling
demonstration requirements identified in section 5(a)(i) must be
satisfied using the procedures specified in sections 5(a)(ii)(1) and
5(a)(ii)(2) of these special conditions. The airplane configurations
required to be tested must be in accordance with the limitations and
procedures for operating the ice protection system provided in the AFM,
per Sec.  25.21(g)(1), as modified by and Part II of these special
conditions.
b. Characteristics in High Incidence Maneuvers
    In lieu of Sec.  25.203, ``Stall characteristics,'' the following
apply:
    i. Throughout maneuvers with a rate of deceleration of not more
than 1 knot per second, both in straight flight and in 30-degree banked
turns, the airplane's characteristics must be as follows:
    1. There must not be any abnormal nose-up pitching;
    2. There must not be any uncommanded nose-down pitching, which
would be indicative of stall. However, reasonable attitude changes
associated with stabilizing the incidence at Alpha limit, as the
longitudinal

control reaches the stop would be acceptable;
    3. There must not be any uncommanded lateral or directional motion,
and the pilot must retain good lateral and directional control by
conventional use of the controls throughout the maneuver; and
    4. The airplane must not exhibit buffeting of a magnitude and
severity that would act as a deterrent from completing the maneuver
specified in section 5(a)(i) of these special conditions.
    ii. In maneuvers with increased rates of deceleration, some
degradation of characteristics is acceptable, associated with a
transient excursion beyond the stabilized Alpha limit. However, the
airplane must not exhibit dangerous characteristics or characteristics
that would deter the pilot from holding the longitudinal control on the
stop for a period of time appropriate to the maneuver.
    iii. It must always be possible for flightcrew to reduce incidence
by conventional use of the controls.
    iv. The rate at which the airplane can be maneuvered from trim
speeds, associated with scheduled operating speeds such as
V2 and VREF up to Alpha limit, must not be unduly
damped or be significantly slower than can be achieved on
conventionally controlled transport airplanes.
c. Characteristics up to the Maximum Lift Angle of Attack
    In addition to the requirements in section 5(b) of this special
condition, the following requirements apply:
    i. In non-icing conditions, maneuvers with a rate of deceleration
of not more than 1 knot per second, up to the angle of attack
corresponding to VSR obtained using sections 3(d) and (e) of
this special condition, must be demonstrated in straight flight and in
30-degree banked turns in the following configurations:
    1. The high incidence protection system deactivated or adjusted, at
the option of the applicant, to allow higher incidence than is possible
with the normal production system;
    2. Automatic-thrust-increase system inhibited (if applicable);
    3. Engines idling;
    4. Flaps, landing gear, and deceleration devices in any likely
combination of positions not prohibited by the AFM;
    5. The most adverse CG for recovery; and
    6. The airplane trimmed for straight flight at the speed prescribed
in section 3(e)(v) of this special condition.
    ii. In icing conditions, maneuvers with a rate of deceleration of
not more than 1 knot per second up to the maximum angle of attack
reached during maneuvers from section 5(a)(ii)(3)(b) must be
demonstrated in straight flight with:
    1. The high incidence protection system deactivated or adjusted, at
the option of the applicant, to allow higher incidence than is possible
with the normal production system;
    2. Automatic-thrust-increase system inhibited (if applicable);
    3. Engines idling;
    4. Flaps, landing gear, and deceleration devices in any likely
combination of positions not prohibited by the AFM;
    5. The most adverse CG for recovery; and
    6. The airplane trimmed for straight flight at the speed prescribed
in section 3(e)(v) of this special condition.
    iii. During the maneuvers used to show compliance with sections
5(c)(i) and 5(c)(ii) of Part I of these special conditions, the
airplane must not exhibit dangerous characteristics and it must always
be possible for flightcrew to reduce angle of attack by conventional
use of the controls. The pilot must retain good lateral and directional
control, by conventional use of the controls, throughout the maneuver.
6. Atmospheric Disturbances
    Operation of the high incidence protection system must not
adversely affect airplane control during expected levels of atmospheric
disturbances, nor impede the application of recovery procedures in case
of wind shear. This must be demonstrated in non-icing and icing
conditions.
7. None
8. Proof of Compliance
    Add the following requirement to that of Sec.  25.21:
    (b) The flying qualities will be evaluated at the most unfavorable
CG position.
9. The Design Must Meet the Following Modified Requirements

------------------------------------------------------------------------
           14 CFR section                           Change
------------------------------------------------------------------------
25.145(a)...........................  ``VMIN'' in lieu of ``stall
                                       identification.''
25.145(b)(6)........................  ``VMIN'' in lieu of ``VSW.''
25.175(c) and (d)...................  ``VMIN'' in lieu of ``VSW.''
25.1323(d)..........................  ``From 1.23 VSR to VMIN'' in lieu
                                       of ``From 1.23 VSR to the speed
                                       at which stall warning begins;''
                                       and ``speeds below VMIN'' in lieu
                                       of ``speeds below stall warning
                                       speed.''
------------------------------------------------------------------------

Part II: Credit for Robust Envelope Protection in Icing Conditions

    1. In lieu of Sec.  25.21(g)(1), the following applies:
    (g) The requirements of this subpart associated with icing
conditions apply only if certification for flight in icing conditions
is desired. If certification for flight in icing conditions is desired,
the following requirements also apply (see AC 25-25):
    (1) Each requirement of this subpart, except Sec. Sec.  25.121(a),
25.123(c), 25.143(b)(1) and (b)(2), 25.149, 25.201(c)(2), 25.207(c) and
(d), and 25.251(b) through (e), must be met in icing conditions.
Compliance must be shown using the ice accretions defined in appendix C
to part 25, assuming normal operation of the airplane and its ice
protection system in accordance with the operating limitations and
operating procedures established by the applicant and provided in the
airplane flight manual.
    2. In lieu of Sec.  25.103, ``Stall speed,'' define the stall speed
as provided in Special Conditions Part I, section 3, ``Minimum Steady
Flight Speed and Reference Stall Speed.''
    3. In lieu of Sec.  25.105(a)(2)(i) to read as follows:
    (2) In icing conditions, if in the configuration of Sec.  25.121(b)
with the ``Takeoff Ice'' accretion defined in appendix C to part 25:
    (i) The V2 speed scheduled in non-icing conditions does not provide
the maneuvering capability specified in Sec.  25.143(h) for the takeoff
configuration, or
    4. In lieu of Sec.  25.107(c) and (g), the following apply, with
additional sections (c') and (g'):
    (c) In non-icing conditions, V2, in terms of calibrated
airspeed, must be selected by the applicant to provide at least the
gradient of climb required by Sec.  25.121(b) but may not be less
than--
    1. V2MIN;
    2. VR plus the speed increment attained (in accordance
with Sec.  25.111(c)(2)) before reaching a height of 35 feet above the
takeoff surface; and
    3. A speed that provides the maneuvering capability specified in
Sec.  25.143(h).
    (c') In icing conditions with the ``Takeoff Ice'' accretion defined
in appendix C to part 25, V2 may not be less than--
    1. The V2 speed determined in non-icing conditions.
    2. A speed that provides the maneuvering capability specified in
Sec.  25.143(h).
    (g) In non-icing conditions, VFTO, in terms of
calibrated airspeed, must be

selected by the applicant to provide at least the gradient of climb
required by Sec.  25.121(c), but may not be less than--
    1. 1.18 VSR; and
    2. A speed that provides the maneuvering capability specified in
Sec.  25.143(h).
    (g') In icing conditions with the ``Final Takeoff Ice'' accretion
defined in appendix C to part 25, VFTO may not be less
than--
    1. The VFTO speed determined in non-icing conditions.
    2. A speed that provides the maneuvering capability specified in
Sec.  25.143(h).
    5. In lieu of Sec. Sec.  25.121(b)(2)(ii)(A), 25.121(c)(2)(ii)(A),
and 25.121(d)(2)(ii), the following apply:
    Sec.  25.121 Climb: one-engine inoperative:
    (b) Takeoff; landing gear retracted. In the takeoff configuration
existing at the point of the flight path at which the landing gear is
fully retracted, and in the configuration used in Sec.  25.111, but
without ground effect,
* * * * *
    2. The requirements of subparagraph (b)(1) of this section must be
met:
* * * * *
    (ii) In icing conditions with the ``Takeoff Ice'' accretion defined
in appendix C of part 25, if in the configuration of Sec.  25.121(b)
with the ``Takeoff Ice'' accretion:
    (A) The V2 speed scheduled in non-icing conditions does
not provide the maneuvering capability specified in Sec.  25.143(h) for
the takeoff configuration; or
    (c) Final takeoff. In the en route configuration at the end of the
takeoff path determined in accordance with Sec.  25.111:
* * * * *
    2. The requirements of subparagraph (c)(1) of this section must be
met:
* * * * *
    (ii) In icing conditions with the ``Final Takeoff Ice'' accretion
defined in appendix C of part 25, if:
    (A) The VFTO speed scheduled in non-icing conditions
does not provide the maneuvering capability specified in Sec.
25.143(h) for the en route configuration; or
    (d) Approach. In a configuration corresponding to the normal all-
engines operating procedure in which VSR for this
configuration does not exceed 110 percent of the VSR for the
related all-engines-operating landing configuration:
* * * * *
    2. The requirements of sub-paragraph (d)(1) of this section must be
met:
* * * * *
    (ii) In icing conditions with the ``Approach Ice'' accretion
defined in appendix C to part 25, in a configuration corresponding to
the normal all-engines-operating procedure in which VMIN1g
for this configuration does not exceed 110% of the VMIN1g
for the related all engines-operating landing configuration in icing,
with a climb speed established with normal landing procedures, but not
more than 1.4 VSR (VSR determined in non-icing
conditions).
    6. In lieu of Sec.  25.123 (b)(2)(i), the following applies:
    Sec.  25.123 En route flight paths:
    (b) The one-engine-inoperative net flight path data must represent
the actual climb performance diminished by a gradient of climb of 1.1
percent for two-engine airplanes, 1.4 percent for three-engine
airplanes, and 1.6 percent for four-engine airplanes.
* * * * *
    2. In icing conditions with the ``En route Ice'' accretion defined
in appendix C to part 25 if:
    (i) The minimum en route speed scheduled in non-icing conditions
does not provide the maneuvering capability specified in Sec.
25.143(h) for the en route configuration, or
    7. In lieu of Sec.  25.125(b)(2)(ii)(B) and Sec.
25.125(b)(2)(ii)(C), the following applies:
    Sec.  25.125 Landing
    (b) In determining the distance in (a):
* * * * *
    2. A stabilized approach, with a calibrated airspeed of not less
than VREF, must be maintained down to the 50-foot height.
* * * * *
    (ii) In icing conditions, VREF may not be less than:
    (A) The speed determined in sub-paragraph (b)(2)(i) of this
section;
    (B) A speed that provides the maneuvering capability specified in
Sec.  25.143(h) with the ``Landing Ice'' accretion defined in appendix
C to part 25.
    8. In lieu of Sec.  25.143(j), the following applies:
    Sec.  25.143 General
    (j) For flight in icing conditions--before the ice protection
system has been activated and is performing its intended function--the
following requirements apply:
    (1) If activating the ice protection system depends on the pilot
seeing a specified ice accretion on a reference surface (not just the
first indication of icing), the requirements of Sec.  25.143 apply with
the ice accretion defined in part II(e) of appendix C to part 25.
    (2) For other means of activating the ice protection system, it
must be demonstrated in flight with the ice accretion defined in part
II(e) of appendix C to part 25 that:
    (i) The airplane is controllable in a pull-up maneuver up to 1.5 g
load factor or lower if limited by AOA protection; and
    (ii) There is no reversal of pitch control force during a pushover
maneuver down to 0.5 g load factor.
    9. In lieu of Sec.  25.207, ``Stall warning,'' to read as the
requirements defined in Part I of these special conditions.

    Issued in Des Moines, Washington, on July 9, 2018.
Victor Wicklund,
Manager, Transport Standards Branch, Policy and Innovation Division,
Aircraft Certification Service.
[FR Doc. 2018-15071 Filed 7-13-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 23 (Monday, February 6, 2017)]
[Notices]
[Pages 9463-9464]
[FR Doc No: 2017-02373]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79905; File No. SR-Phlx-2017-05]

Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Correct a
Typographical Error

January 31, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on January 26, 2017, NASDAQ PHLX LLC (``Phlx'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I, II, and III, below,
which Items have been prepared by the Exchange. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to correct a typographical error. The text of
the proposed rule change is available on the Exchange's Web site at
http://nasdaqphlx.cchwallstreet.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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The purpose of this proposed rule change is to correct a
typographical error. The Exchange previously submitted a rule filing to
amend Rule 754, which deals with employees' discretion as to customers'
accounts. However, the rule referred to FINRA 2510 instead of NASD
2510.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act, in general, and with
Section 6(b) of the Act \3\ in general, and furthers the objectives of
Section 6(b)(5) of the Act \4\ in particular, in that it is designed to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general to protect investors and the public interest. The Exchange
asserts that the proposed correction will serve the Act's goals by
ensuring that the Exchange's rules use accurate terminology.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.
Moreover, the Exchange believes that the proposed correction does not
impact competition in any respect, since it is designed to correct a
typographical error.

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

    No written comments were either solicited or received.

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, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \5\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\6\
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \6\ 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: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

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-Phlx-2017- 05 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2017-05. 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 the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly.
    All submissions should refer to File Number SR-Phlx-2017-05 and
should be submitted on or before February 27, 2017.
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-02373 Filed 2-3-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: April 7, 2009 (Volume 74, Number 65)]
[Notices]
[Page 15792-15794]
[DOCID:fr07ap09-128]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59666; File No. SR-NYSE-2009-35]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by New York Stock Exchange LLC
Amending Rule 48.10 To Extend the Temporary Provisions of the Rule
Relating to the Ability of the Exchange To Declare an Extreme Market
Volatility Condition and Suspend Certain NYSE Requirements Relating to
the Closing of Securities at the Exchange

March 31, 2009.
    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 March 23, 2009, New York Stock Exchange LLC (``NYSE'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or 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 Exchange filed the proposed rule change
pursuant to Section 19(b)(3)(A) of the Act \4\ and Rule 19b-4(f)(6)
thereunder,\5\ which renders it effective upon filing with the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ 15 U.S.C. 78s(b)(3)(A).
    \5\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange proposes to amend Rule 48.10 to extend the temporary
provisions of the rule relating to the ability of the Exchange to
declare an extreme market volatility condition and suspend certain NYSE
requirements relating to the closing of securities at the Exchange. The
text of the proposed rule change is available at the Exchange, the
Commission's Public Reference Room, and http://www.nyse.com.

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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend Rule 48.10 to temporarily extend the
provisions of the rule relating to declaring an extreme market
volatility condition at the close.\6\
---------------------------------------------------------------------------

    \6\ NYSE Amex LLC has filed a companion rule filing to conform
its Equities Rules to the changes proposed in this filing. See SR-
NYSEAmex-2009-05, formally submitted March 23, 2009).
---------------------------------------------------------------------------

    On October 2, 2008, the Exchange filed for immediate effectiveness
to amend NYSE Rule 48 to provide the Exchange with the ability to
suspend certain rules at the close when extremely high market
volatility could negatively affect the ability to ensure a fair and
orderly close.\7\ The Exchange amended Rule 48 on an immediate
effectiveness basis in order to respond swiftly to market conditions at
that time. Those amendments were adopted on a temporary basis with the
understanding that if the Exchange would like to adopt the closing
provisions on a permanent basis, such proposal must be filed for notice
and comment.
---------------------------------------------------------------------------

    \7\ See SEC Release No. 58743 (Oct. 7, 2008), 73 FR 60742 (Oct.
14, 2008) (SR-NYSE-2008-102).
---------------------------------------------------------------------------

    The Exchange has filed a rule proposal to amend Rules 48 and 123C
to delete from Rule 48 the provisions relating to declaring an extreme
market volatility condition at the close and add them in modified form
to Rule 123C (the ``Rule 48/123C filing'').\8\ That rule proposal has
been filed under Section 19(b)(2) of the Securities Exchange Act of
1934 (the ``Act'') \9\ and has been noticed for public comment. The
comment period for that filing ends on March 31, 2009. In anticipation
of the Rule 48/123C filing, the Exchange previously amended Rule 48.10
to extend from December 31, 2009 to March 27, 2009 the temporary time
period that the Rule 48 at-the-close provisions would be in effect.\10\
The Exchange now proposes to temporarily extend the Rule 48 at-the-
close provisions pending the outcome of the Rule 48/123C filing.
Accordingly, the Exchange proposes to amend Rule 48.10 to provide that
the provisions of that rule relating to declaring an extreme market
volatility condition at the close will end April 30, 2009.
---------------------------------------------------------------------------

    \8\ See SEC Release No. 59489 (Mar. 3, 2009), 74 FR 10330 (Mar.
10, 2009 (SR-NYSE-2009-18). NYSE Amex US LLC [sic] (``NYSE Amex'')
has filed a companion rule filings. See SEC Release No. 59488 (Mar.
3, 2009), 74 FR 10334 (Mar. 10, 2009) (SR-NYSEALTR-2009-15).
    \9\ 15 U.S.C. 78s(b)(2).
    \10\ See SEC Release No. 59168 (Dec. 29, 2008), 74 FR 483 (Jan.
6, 2009) (SR-NYSE-2008-139). NYSE Amex also filed a companion rule
filing. See SEC Release No. 59169 (Dec. 29, 2008), 74 FR 485 (Jan.
6, 2009) (SR-NYSEALTR-2008-18).
---------------------------------------------------------------------------

2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5) \11\ that an Exchange have rules that
are designed to promote just and equitable principles of trade, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system and, in general, to protect
investors and the public interest. In particular, this rule proposal
will permit the temporary provisions of Rule 48 to continue without
interruption pending the outcome of the Rule 48/123C filing.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 purposes of the Act.

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:
    (i) Does not significantly affect the protection of investors or
the public interest;
    (ii) Does not impose any significant burden on competition; and
    (iii) By its terms, does not 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, it has become effective pursuant to Section
19(b)(3)(A) of the Act \12\ and Rule 19b-4(f)(6) thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the self-regulatory organization to submit to the
Commission written notice of its intent to file the proposed rule
change, along with a brief description and text of 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.
---------------------------------------------------------------------------

    The Exchange has requested that the Commission waive the 30-day
operative delay in order to permit the temporary provisions of Rule 48
to continue without interruption pending the outcome of the Rule 48/
123C filing. The Commission believes such waiver is consistent with the
protection of investors and the public interest.\14\ Accordingly, the
Commission designates the proposed rule change operative upon filing
with the Commission.
---------------------------------------------------------------------------

    \14\ For purposes only of waiving the 30-day operative delay of
this proposal, the Commission has considered the proposed rule's
impact on efficiency, competition, and capital formation. See 15
U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate 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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2009-35 on the subject line.

Paper Comments

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

    All submissions should refer to File Number SR-NYSE-2009-35. This
file

number should be included on the subject line if e-mail 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 inspection and
copying in the Commission's Public Reference Room on official business
days between the hours of 10 a.m. and 3 p.m. Copies of such filing also
will be available for inspection and copying at the principal office of
the Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSE-2009-35 and should be submitted on or before April 28, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-7711 Filed 4-6-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: November 15, 2007 (Volume 72, Number 220)]
[Notices]
[Page 64264-64265]
[DOCID:fr15no07-112]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56773; File No. SR-ISE-2007-104]

Self-Regulatory Organizations; International Securities Exchange
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Relating to Fee Changes

November 8, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 1, 2007, the International Securities Exchange, LLC
(``Exchange'' or ``ISE'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the ISE.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The ISE is proposing to amend its Schedule of Fees to remove the
surcharge fee for transactions in options on 10 Premium Products.\3\
The text of the proposed rule change is available on the ISE's Web site
(http://www.ise.com), at the principal office of the ISE, and at the

Commission's Public Reference Room.
---------------------------------------------------------------------------

    \3\ Premium Products is defined in the Schedule of Fees as the
products enumerated therein.
---------------------------------------------------------------------------

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 ISE included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The ISE has prepared summaries, set forth in Sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    The Exchange is proposing to amend its Schedule of Fees to remove
the surcharge fee previously adopted for transactions in options on the
iShares S&P 100 Index Fund (``OEF''),\4\ the Financial Select Sector
SPDR Fund (``XLF''), the Technology Select Sector SPDR Fund (``XLK''),
the Utilities Select Sector SPDR Fund (``XLU''),\5\ the Materials
Select Sector SPDR Fund (``XLB''), the Industrial Select Sector SPDR
Fund (``XLI''), the Health Care Select Sector SPDR Fund (``XLV''), the
Consumer Discretionary Select Sector SPDR Fund (``XLY''),\6\ the Energy
Select Sector SPDR Fund (``XLE''), and the Consumer Staples Select
Sector SPDR Fund (``XLP'').\7\ The Exchange is proposing to remove the
surcharge fee for these products from its Schedule of Fees because it
no longer pays a license fee to Standard and Poor's, Inc. in connection
with transactions in options on OEF, XLF, XLK, XLU, XLB, XLI, XLV, XLY,
XLE and XLP. Accordingly, there is no longer a need for this surcharge
fee. The Exchange will, however, continue to charge an execution fee
and a comparison fee for transactions in options on OEF, XLF, XLK, XLU,
XLB, XLI, XLV, XLY, XLE and XLP.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 46189 (July 11,
2002), 67 FR 47587 (July 19, 2002).
    \5\ See Securities Exchange Act Release No. 47243 (January 24,
2003), 68 FR 5066 (January 31, 2003).
    \6\ See Securities Exchange Act Release No. 47536 (March 19,
2003), 68 FR 14727 (March 26, 2003).
    \7\ See Securities Exchange Act Release No. 47564 (March 24,
2003), 68 FR 15256 (March 28, 2003).
---------------------------------------------------------------------------

2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(4) of the Act \8\ that an exchange have
an equitable allocation of reasonable dues, fees and other charges
among its members and other persons using its facilities.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    Because the foregoing rule change establishes or changes a due,
fee, or other charge imposed by the Exchange, it has become effective
pursuant to Section 19(b)(3) of the Act \9\ and Rule 19b-4(f)(2) \10\
thereunder. At any time within 60 days of the filing of such proposed
rule change, the Commission may summarily abrogate 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.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form http://www.sec.gov/rules/sro.shtml.
); or     Send an E-mail to<EMAIL_ADDRESS>Please include

File No. SR-ISE-2007-104 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2007-104. This file
number should be included on the subject line if e-mail 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 inspection and
copying in the Commission's Public Reference

Room, 100 F Street, NE., Washington, DC 20549, on official business
days between the hours of 10 a.m. and 3 p.m. Copies of such filing also
will be available for inspection and copying at the principal office of
the ISE. 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-ISE-
2007-104 and should be submitted on or before December 6, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-22338 Filed 11-14-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: March 5, 2008 (Volume 73, Number 44)]
[Rules and Regulations]
[Page 11826-11831]
[DOCID:fr05mr08-6]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2007-0308; FRL-8352-5]

Flumioxazin; Pesticide Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY:  This regulation establishes a tolerance for residues of
flumioxazin in or on alfalfa, forage; alfalfa, hay; asparagus; bean,
dry seed; bushberry subgroup 13-07B; melon, subgroup 9A;

nut, tree, group 14; okra; and vegetable, fruiting, group 8. The
Interregional Research Project 4 (IR-4) requested these
tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). This
regulation also modifies 40 CFR 180.568(b) by deleting existing time-
limited tolerances in/on alfalfa, forage and alfalfa, hay at 0.13 and
0.45 ppm, respectively, made redundant by the newly-established
tolerances.

DATES: This regulation is effective March 5, 2008. Objections and
requests for hearings must be received on or before May 5, 2008, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2007-0308. To access the
electronic docket, go to http://www.regulations.gov, select ``Advanced
Search,'' then ``Docket Search.'' Insert the docket ID number where
indicated and select the ``Submit'' button. Follow the instructions on
the regulations.gov website to view the docket index or access
available documents. All documents in the docket are listed in the
docket index available in regulations.gov. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available in the electronic docket at http://www.regulations.gov, or,
if only available in hard copy, at the OPP Regulatory Public Docket in
Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr.,
Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays. The Docket Facility
telephone number is<PHONE_NUMBER>.

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

I. General Information

A. Does this Action Apply to Me?

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

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

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

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of FFDCA, any person may file an objection to
any aspect of this regulation and may also request a hearing on those
objections. You must file your objection or request a hearing on this
regulation in accordance with the instructions provided in 40 CFR part
178. To ensure proper receipt by EPA, you must identify docket ID
number EPA-HQ-OPP-2007-0308 in the subject line on the first page of
your submission. All requests must be in writing, and must be mailed or
delivered to the Hearing Clerk as required by 40 CFR part 178 on or
before May 5, 2008.
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit this copy, identified by docket ID number
EPA-HQ-OPP-2007-0308, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.

II. Petition for Tolerance

    In the Federal Registers of June 27, 2007, (72 FR 35237; FRL-8133-
4) and September 28, 2007; (72 FR 55204; FRL-8147-1), EPA issued
notices pursuant to section 408(d)(3) of FFDCA, 21 U.S.C. 346a(d)(3),
announcing the filing of pesticide petitions (PP 6E7151 and PP 6F7092,
respectively,) by the IR-4 Project Headquarters, 500 College Road East,
Suite 201 W, Princeton, NJ 08540 and the registrant, Valent U.S.A.
Corporation. The petitions requested that 40 CFR 180.568 be amended by
establishing tolerances for residues of the herbicide, flumioxazin, 2-
[7-fluoro-3,4-dihydro-3-oxo-4-(2-propynyl)-2H-1,4-benzoxazin-6-yl]-
4,5,6,7-tetrahydro-1H-isoindole-1,3(2H)-dione in or on, commodities
alfalfa, forage at 1.0 parts per million (ppm), alfalfa, hay at 2.0 ppm
(PP 6F7092), asparagus, aronia berry, buffalo currant, Chilean guava,
European barberry, highbush cranberry, honeysuckle, jostaberry,
juneberry, lingonberry, native currant, salal, sea

buckthorn, and okra at 0.02 ppm, bushberry subgroup 13B at 0.02 ppm,
melon subgroup 9A at 0.02 parts per million (ppm), dry bean at 0.10
ppm, vegetable, fruiting, crop group 8 at 0.02 ppm, and nut, tree, crop
group 14, at 0.02 ppm (PP 6E7151). These notices referenced a summary
of the petition prepared by Valent U.S.A. Corporation, the registrant,
which is available to the public in the docket, http://
www.regulations.gov.
    There were no comments received in response to the notices of
filing.
    Based upon review of the data supporting the petitions, EPA has
revised certain proposed tolerance levels and corrected commodity
definitions as follow:
    1. The Agency determined that adequate data are available to
support establishing a tolerance for the bushberry subgroup 13-07B. IR-
4 petitioned for a tolerance for bushberry subgroup 13B as well as
individual tolerances on aronia berry, buffalo currant, Chilean guava,
European barberry, highbush cranberry, honeysuckle, jostaberry,
juneberry, lingonberry, native currant, salal, and sea buckthorn (PP
6E7151). In the Federal Register of December 7, 2007 (72 FR 69150-
69158) (FRL-8340-6), EPA issued a final rule that revised the crop
grouping regulations. As part of this action, EPA expanded and revised
berries group 13. Changes to crop group 13 (berries) included adding
new commodities, revising existing subgroups and creating new subgroups
(including a bushberry subgroup 13-07B consisting of the commodities
requested in PP 6E7151 and cultivars, varieties, and/or hybrids of
these).
    EPA indicated in the December 7, 2007 final rule as well as the
earlier May 23, 2007 proposed rule (72 FR 28920-28930) that, for
existing petitions for which a Notice of Filing had been published, the
Agency would attempt to conform these petitions to the rule. Therefore,
consistent with this rule, EPA is establishing tolerances on Bushberry
subgroup 13-07B. Bushberry subgroup 13-07B consists of the berries for
which tolerances were requested in PP 6E7151.
    EPA concludes it is reasonable to revise the petitioned-for
tolerances so that they agree with the recent crop grouping revisions
because:
    i. Although the subgroup includes several new commodities, these
commodities were proposed as individual tolerances and are closely
related minor crops which contribute little to overall dietary or
aggregate exposure and risk;
    ii. Flumixoazin exposure from these added commodities was
considered when EPA conducted the dietary and aggregate risk
assessments supporting this action; and
    iii. The representative commodities for the revised subgroup has
not changed.
    2. The proposed tolerance for bean, dry, was revised to bean, dry,
seed and the tolerance level revised from 0.06 ppm to 0.05 ppm.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical
residue....'' These provisions were added to FFDCA by the Food Quality
Protection Act (FQPA) of 1996.
    Consistent with FFDCA section 408(b)(2)(D), and the factors
specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for the petitioned-for tolerance
for residues of flumioxazin on alfalfa, forage at 3.0 ppm; alfalfa, hay
at 8.0 ppm; asparagus at 0.02 ppm; bushberry subgroup 13-07B at 0.02
ppm; melon, subgroup 9A at 0.02 ppm; bean, dry seed at 0.05 ppm;
vegetable, fruiting, group 8 at 0.02 ppm; okra at 0.02 ppm; and nut,
tree, group 14, at 0.02 ppm. EPA's assessment of exposures and risks
associated with establishing the tolerance follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered their
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children.
    Flumioxazin has mild or no acute toxicity when administered orally,
dermally, or by inhalation. It has little or no toxicity with regard to
eye irritation or skin irritation. The chemical, flumioxazin, was not a
dermal sensitizer. Subchronic and chronic toxicity studies demonstrated
that the target organs of flumioxazin are the liver, spleen and
cardiovascular system. Developmental effects were observed in
developmental rat studies. These effects were fetal cardiovascular
anomalies (especially ventricular septal defects).
    Flumioxazin has been classified as a ``Not Likely Human
Carcinogen,'' based on the lack of carcinogenicity in a 2-year rat
study, an 18-month mouse study, and a battery of mutagenic studies.
    Specific information on the studies received and the nature of the
adverse effects caused by flumioxazin as well as the no-observed-
adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-
level (LOAEL) from the toxicity studies can be found at http://
www.regulations.gov. in the document; ``Flumioxazin; Human Health Risk
Assessment for the Proposed Food Use of the Herbicide Flumioxazin on
Alfalfa, Asparagus, Dry Beans, Fruiting Vegetables (Group 8, Including
Okra), Melons (Subgroup 9A), Bushberries (Subgroup 13B), and Tree Nuts
(Group 14), and a Request for an Amended Use on Garlic,'' dated 28 Nov.
2007. The referenced document is available in the docket established by
this action, which is described under ADDRESSES, and is identified as
EPA-HQ-OPP-2007-0308-0003 in that docket.

B. Toxicological Endpoints

    For hazards that have a threshold below which there is no
appreciable risk, the toxicological level of concern (LOC) is derived
from the NOAEL in the toxicology study identified as appropriate for
use in risk assessment. However, if a NOAEL cannot be determined, LOAEL
is sometimes used for risk assessment. Uncertainty/safety factors (UFs)
are used in conjunction with the LOC to take into account uncertainties
inherent in the extrapolation from laboratory animal data to humans and
in the variations in sensitivity among members of the human population
as well as other unknowns. Safety is assessed for acute and chronic
risks by comparing aggregate exposure to the pesticide to the acute
population adjusted dose

(aPAD) and chronic population adjusted dose (cPAD). The aPAD and cPAD
are calculated by dividing the LOC by all applicable UFs. Short-term,
intermediate-term, and long-term risks are evaluated by comparing
aggregate exposure to the LOC to ensure that the margin of exposure
(MOE) called for by the product of all applicable UFs is not exceeded.
    For non-threshold risks, the Agency assumes that any amount of
exposure will lead to some degree of risk and estimates risk in terms
of the probability of occurrence of additional adverse cases.
Generally, cancer risks are considered non-threshold. For more
information on the general principles EPA uses in risk characterization
and a complete description of the risk assessment process, see http://
www.epa.gov/fedrgstr/EPA-PEST/1997/November/Day-26/p30948.htm.
    A summary of the toxicological endpoints for flumioxazin used for
human risk assessment can be found at http://www.regulations.gov in
document; ``Flumioxazin; Human Health Risk Assessment for the Proposed
Food Use of the Herbicide Flumioxazin on Alfalfa, Asparagus, Dry Beans,
Fruiting Vegetables (Group 8, Including Okra), Melons (Subgroup 9A),
Bushberries (Subgroup 13B), and Tree Nuts (Group 14), and a Request for
an Amended Use on Garlic,'' dated 28 Nov. 2007 in docket ID number EPA-
HQ-OPP-2007-0308-0003.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to flumioxazin, EPA considered exposure under the petitioned-
for tolerances as well as all existing flumioxazin tolerances in (40
CFR 180.568). EPA assessed dietary exposures from flumioxazin in food
as follows:
    i. Acute exposure. Quantitative acute dietary exposure and risk
assessments are performed for a food-use pesticide, if a toxicological
study has indicated the possibility of an effect of concern occurring
as a result of a 1-day or single exposure. No such effect was
identified for the general population. However, EPA identified
potential acute effects, e.g., cardiovascular effects in offspring, for
the population subgroup, females 13 to 49 years.
    In estimating acute dietary exposure, EPA used food consumption
information from the U.S. Department of Agriculture (USDA) 1994-1996
Nationwide Continuing Surveys of Food Intake by Individuals (CSFII). As
to residue levels in food, EPA assumed all foods for which there are
tolerances (current and proposed) were treated (100% crop treated (%CT
or PCT) assumption) and contain tolerance-level residues. Percent crop
treated (PCT) and/or anticipated residues were not used in the acute
risk assessment.
    ii. Chronic exposure. In conducting the chronic dietary exposure
assessment EPA used the food consumption data from the USDA 1994-1996,
and 1998 CSFII. As to residue levels in food, EPA assumed all foods for
which there are tolerances (existing and proposed) were treated (100%
crop treated assumption) and contain tolerance-level residues. PCT and/
or anticipated residues were not used in the chronic risk assessment.
    iii. Cancer. The Agency has determined that flumioxazin is ``not
likely to be a human carcinogen'' based on the lack of carcinogenicity
in a 2-rat study, an 18 month mouse study, and a battery of mutagenic
studies. Therefore, a quantitative exposure assessment to evaluate
cancer risk is unnecessary.
    2. Dietary exposure from drinking water. The Agency lacks
sufficient monitoring data to complete a comprehensive dietary exposure
analysis and risk assessment for flumioxazin and its degradates, 482-HA
and APF, in drinking water. Because the Agency does not have
comprehensive monitoring data, drinking water concentration estimates
are made by reliance on simulation or modeling taking into account data
on the environmental fate characteristics of flumioxazin. Further
information regarding EPA drinking water models used in pesticide
exposure assessment can be found at http://www.epa.gov/oppefed1/models/
water/index.htm.
    Based on the FQPA Index Reservoir Screening Tool (FIRST) and
Screening Concentration in Ground Water (SCI-GROW) models, the
estimated drinking water concentrations (EDWCs) of flumioxazin for
acute exposures are estimated to be 34 parts per billion (ppb) for
surface water and 48 ppb for groundwater. The EECs for chronic
exposures are estimated to be 18 ppb for surface water and 48 ppb for
ground water.
    Modeled estimates of drinking water concentrations were directly
entered into the dietary exposure model. For acute dietary risk
assessment, the water concentration value of 48 ppb was used to access
the contribution to drinking water. For chronic dietary risk
assessment, the water concentration of value 48 ppb was used to access
the contribution to drinking water.
    3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., for lawn and garden pest control, indoor pest control,
termiticides, and flea and tick control on pets).
    Flumioxazin is not registered for use on any sites that would
result in residential exposure.
    4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
    Unlike other pesticides for which EPA has followed a cumulative
risk approach based on a common mechanism of toxicity, EPA has not made
a common mechanism of toxicity finding as to flumioxazin and any other
substances and flumioxazin does not appear to produce a toxic
metabolite produced by other substances. For the purposes of this
tolerance action, therefore, EPA has not assumed that flumioxazin has a
common mechanism of toxicity with other substances. For information
regarding EPA's efforts to determine which chemicals have a common
mechanism of toxicity and to evaluate the cumulative effects of such
chemicals, see EPA's website at http://www.epa.gov/pesticides/
cumulative.

D. Safety Factor for Infants and Children

    1.  In general. Section 408 of FFDCA provides that EPA shall apply
an additional (``10X'') tenfold margin of safety for infants and
children in the case of threshold effects to account for pre-natal and
post-natal toxicity and the completeness of the database on toxicity
and exposure unless EPA determines based on reliable data that a
different margin of safety will be safe for infants and children. This
additional margin of safety is commonly referred to as the FQPA safety
factor. In applying this provision, EPA either retains the default
value of 10X when reliable data do not support the choice of a
different factor, or, if reliable data are available, EPA uses a
different additional FQPA safety factor value based on the use of
traditional UFs and/or special FQPA safety factors, as appropriate.
    2. Pre-natal and post-natal sensitivity. The pre-natal and post-
natal toxicity database for flumioxazin include the rat and rabbit
developmental toxicity studies and the 2-generation reproduction
toxicity study in rats. There is evidence of quantitative
susceptibility following oral and dermal exposures to rats. Following
in-utero

exposures, developmental effects (cardiovascular anomalies) were seen
in the absence of maternal toxicity. There is no evidence (quantitative
or qualitative) of susceptibility following in-utero oral exposure in
rabbits. No developmental toxicity was seen at the highest dose tested
(3x the Limit-Dose). There is quantitative evidence of susceptibility
in the multi-generation reproduction study where effects in offspring
were seen at doses lower than those which induced effects in parental
animals.
     Although increased pre-natal and post-natal quantitative
susceptibility was seen in rats, the Agency concluded that there is a
low concern and no residual uncertainties for pre-natal and/or post-
natal toxicity effects of flumioxazin because:
    i. Developmental toxicity (including cardiovascular abnormalities)
NOAELs and LOAELs from pre-natal exposure are well characterized after
oral and dermal exposure,
    ii. The off-spring toxicity NOAEL and LOAEL from post-natal
exposure are well characterized,
    iii. The dose selected for risk assessment is protective of all
potential effects.
    3. Conclusion. EPA has determined that reliable data show that it
would be safe for infants and children to reduce the FQPA safety factor
to 1X. That decision is based on the following findings:
    i. The toxicity database for flumioxazin is complete.
    ii. There is no indication that flumioxazin is a neurotoxic
chemical and there is no need for a developmental neurotoxicity study
or additional UFs to account for neurotoxicity.
    iii. Although there is quantitative evidence of increased
susceptibility in the prenatal developmental studies and post-natal
multi-generation study in rats, EPA did not identify any residual
uncertainties after establishing toxicity endpoints and traditional UFs
to be used in the risk assessment of flumioxazin. The degree of concern
for pre-natal and/or post-natal toxicity is low.
    iv. There are no residual uncertainties identified in the exposure
databases. The dietary food exposure assessments were performed based
on 100%CT and tolerance-level residues for all commodities. By using
these screening-level assumptions, chronic exposures/risks will not be
underestimated. The dietary drinking water assessment utilizes values
generated by models and associated modeling parameters which are
designed to provide conservative, health protective, high-end estimates
of water concentrations. These assessments will not underestimate the
exposure and risks posed by flumioxazin.

E. Aggregate Risks and Determination of Safety

    Safety is assessed for acute and chronic risks by comparing
aggregate exposure to the pesticide to the aPAD and cPAD. The aPAD and
cPAD are calculated by dividing the LOC by all applicable UFs. For
linear cancer risks, EPA calculates the probability of additional
cancer cases given aggregate exposure. Short-term, intermediate-term,
and long-term risks are evaluated by comparing aggregate exposure to
the LOC to ensure that the MOE called for by the product of all
applicable UFs is not exceeded.
    1. Acute risk. Using the exposure assumptions discussed in this
unit for acute exposure, the acute dietary exposure from food and water
to flumioxazin will occupy 8.0% of the aPAD at the 95th percentile of
exposure for the population group, females 13 to 49 years old (the only
subpopulation for which an acute endpoint was selected).
    2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that exposure to
flumixazim by the general U.S. population and all population subgroups
have risk estimates below LOC. Exposure to flumioxazin from food and
water will utilize 18% of the cPAD for infants less than 1 year old,
the population group with greatest exposure. The general U.S.
population utilize 6% of the cPAD. There are no residential uses for
flumioxazin that result in chronic residential exposure to flumioxazin.
    3. Short-term and intermediate-term risk. Short-term and
intermediate-term aggregate exposure takes into account residential
exposure plus chronic exposure to food and water (considered to be a
background exposure level).
    Flumioxazin is not registered for use on any sites that would
result in residential exposure. Therefore, the aggregate risk is the
sum of the risk from food and water, which do not exceed the Agency's
LOC.
    4. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population, or to infants and children from aggregate
exposure to flumioxazin residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology (gas chromatography /nitrogen-
phosphorus detection) is available to enforce the tolerance expression.
The method may be requested from: Chief, Analytical Chemistry Branch,
Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 20755-5350;
telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
B. International Residue Limits

    There are no established or proposed Canadian, Mexican or Codex
maximum residue levels (MRLs) for residues of flumioxazin in plant
commodities subject to this action.

V. Conclusion

    Therefore, tolerances are established for residues of flumioxazin,
2-[7-fluoro-3,4-dihydro-3-oxo-4-(2-propynyl)-2H-1,4-benzoxazin-6-yl]-
4,5,6,7-tetrahydro-1H-isoindole-1,3(2H)-dione in or on, commodities
alfalfa, forage at 3.0 ppm; alfalfa, hay at 8.0 ppm; asparagus at 0.02
ppm; bushberry subgroup 13-07B at 0.02 ppm; melon subgroup 9A at 0.02
ppm; bean, dry seed at 0.05 ppm; vegetable, fruiting, except cucurbits
group 8 at 0.02 ppm; okra at 0.02 ppm; and nut, tree, group 14, at 0.02
ppm.

VI. Statutory and Executive Order Reviews

    This final rule establishes a tolerance under section 408(d) of
FFDCA in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993). Because this rule has been
exempted from review under Executive Order 12866, this rule is not
subject to Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355,
May 22, 2001) or Executive Order 13045, entitled Protection of Children
from Environmental Health Risks and Safety Risks (62 FR 19885, April
23, 1997). This final rule does not contain any information collections
subject to OMB approval under the Paperwork Reduction Act (PRA), 44
U.S.C. 3501 et seq., nor does it require any special considerations
under Executive Order 12898, entitled Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994).

    Since tolerances and exemptions that are established on the basis
of a petition under section 408(d) of FFDCA, such as the tolerance in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
    This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled Federalism (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
Consultation and Coordination with Indian Tribal Governments (65 FR
67249, November 6, 2000) do not apply to this rule. In addition, This
rule does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
of 1995 (UMRA) (Public Law 104-4).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).

VII. Congressional Review Act

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

List of Subjects in 40 CFR Part 180

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

    Dated: February 22, 2008.
Lois Rossi,
Registration Division, Office of Pesticide Programs.

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

PART 180--[AMENDED]

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

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

0
2. Section 180.568 is amended by alphabetically adding the following
commodities to the table in paragraph (a), and by removing the text and
reserving paragraph (b) to read as follows:

Sec.  180.568  Flumioxazin; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Alfalfa, forage......................................                3.0
Alfalfa, hay.........................................                8.0
                                * * * * *
Asparagus............................................               0.02
Bean, dry seed.......................................               0.05
Bushberry subgroup 13-07B............................               0.02
                                * * * * *
Melon, subgroup 9A...................................               0.02
Nut, tree, group 14..................................               0.02
Okra.................................................               0.02
                                * * * * *
Vegetable, fruiting, group 8.........................               0.02
                                * * * * *
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
* * * * *
[FR Doc. E8-4102 Filed 3-4-08; 8:45 am]

BILLING CODE 6560-50-S