UNITED STATES

ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C.  20460

2009 Application for Critical Use Exemption of Methyl Bromide

for Post Harvest Use in 2011 and Beyond in the United States

WHY IS THIS INFORMATION NEEDED?

Under the Clean Air Act and the international treaty to protect the
ozone layer (the Montreal Protocol on Substances that Deplete the Ozone
Layer), the production and import of methyl bromide was phased out in
the United States on January 1, 2005.  This application seeks
information to support a U.S. request to produce and import methyl
bromide for certain critical uses and circumstances beyond this 2005
phaseout date.

The information in this application will be used to review whether your
use of methyl bromide is "critical" because no technically and
economically feasible alternatives are available.  In order to estimate
the loss as a result of not having methyl bromide available, EPA needs
to compare data (commodity prices, revenues, and costs) for your use of
methyl bromide with uses of alternative pest control regimens.

The information contained in this application is critical to process and
assess the need for methyl bromide.  Filling out this application in its
entirety will bolster the U.S. government's ability to strengthen the
nomination package for the international review boards.

Burden means the total time, effort, or financial resources expended by
persons to generate, maintain, retain, or disclose or provide
information to or for a Federal agency.  This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to comply
with any previously applicable instructions and requirements; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.  Public reporting burden
for this collection of information is estimated to average 39 hours per
response and assumes a large portion of applications will be submitted
by consortia on behalf of many individual users of methyl bromide. An
agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a current OMB
control number.

For EPA Use Only ID # _______

SECTOR ___________________ INSTRUCTIONS

The information provided by you in this application will be used to
evaluate the requested methyl bromide use. The U.S. and other countries
that are parties to the Montreal Protocol On Substances That Deplete The
Ozone Layer decided that: "a use of methyl bromide should qualify as
"critical" only if the nominating Party determines that:

(i) The specific use is critical because the lack of availability of
methyl bromide for that use would result in a significant market
disruption; and

(ii) There are no technically and economically feasible alternatives
available to the user that are acceptable from the standpoint of
environment and health and are suitable to the crops and circumstances
of the nomination …"

WHO

APPLIES?

 	If you anticipate that you will need methyl bromide in 2011 and
beyond because you believe there are no technically and economically
feasible alternatives, then you should apply for the critical use
exemption.  This application may be submitted either by a consortium
representing multiple users or by individual users.  We encourage users
with similar circumstances of use to submit a single application (for
example, any number of post harvest users with similar commodity, pest,
and structural conditions can submit a single application.)

	If a consortium is applying for multiple methyl bromide users, the
economic data should be for a representative or typical user within the
consortium unless otherwise noted.  If economic or technical factors
(such as types of commodities) affecting the ability of this
"representative user" to use alternatives are significantly different
than other users in the consortium, more than one application should be
submitted to reflect these differences.

	Please contact your local, state, regional, or national commodity
association and/or state representative agency to find out if they plan
on submitting an application on behalf of your commodity group.

WHAT INFORMATION IS REQUIRED?	If a user group submitted a complete
application to EPA in 2008, the user is only required to complete
selected Worksheets, though the entire application must be submitted to
EPA.  These required Worksheets include 1, 2B, 2C, 2D, 4, and 5.  If
these Worksheets are not submitted, EPA will not include the application
in the U.S. nomination submitted for international consideration.
Additional information on Re-Application Information is available at
www.epa.gov/ozone/mbr.  The remaining worksheets must only be completed
if any information has changed since 2008.  If a user has previously
submitted a critical use exemption application to EPA but did not submit
an application in 2008 (seventh round) then all the worksheets in the
application must be submitted again in their entirety.

HOW DO

I APPLY?	You may either complete an electronic (Microsoft Word or Excel)
or a printed version of the application.  Please fill out each section
in the application as completely as possible.  If you are completing the
printed version and need extra space you may attach additional sheets as
needed.  Additional information may be available from your local state
department of agriculture or at the sites listed below or by calling
1-800-296-1996.

IS MY INFORMATION CONFIDENTIAL?

 	The applicant may assert a business confidentiality claim covering
part or all of the information in the application by placing on (or
attaching to) the information, at the time it is submitted to EPA, a
cover sheet, stamped or typed legend, or other suitable form of notice
employing language such as trade secret, proprietary, or company
confidential. Allegedly confidential portions of otherwise
non-confidential documents should be clearly identified by the
applicant, and may be submitted separately to facilitate identification
and handling by EPA. If the applicant desires confidential treatment
only until a certain date or until the occurrence of a certain event,
the notice should so state. Information covered by a claim of
confidentiality will be disclosed by EPA only to the extent, and by
means of the procedures set forth under 40 CFR Part 2 Subpart B; 41 FR
36902, 43 FR 400000. 50 FR 51661. If no claim of confidentiality
accompanies the information when it is received by EPA, it may be made
available to the public by EPA without further notice to the applicant.

	Applicants submitting their application via e-mail assume
responsibility for the confidentiality of the electronic message
transmission.

WHEN IS THE INFORMATION NEEDED?	This application must be postmarked to
the EPA address below no later than [Insert Date].

WHERE DO I SUBMIT THE APPLICATION?

 	Electronic Address for applications:

(When submitting an application electronically, you should also print a
hard copy, sign it, and submit it by mail)

	Mailing Address for applications being submitted by mail directly to
the EPA:	Address for applications being sent by courier or non-U.S.
Postal overnight express delivery to the EPA:

	US Environmental Protection Agency

Methyl Bromide Critical Use Exemption

Office of Air and Radiation

Stratospheric Protection Division

(6205 J)

1200 Pennsylvania Ave, NW

Washington,  DC  20460

	US Environmental Protection Agency

Methyl Bromide Critical Use Exemption

Office of Air and Radiation

Stratospheric Protection Division

1310 L Street, NW

Suite 1047E

Washington, DC  20005

HOW CAN I RECEIVE ADDITIONAL INFORMATION?	If you have general questions
about this application call:

Stratospheric Ozone Hotline

1-800-296-1996

WORKSHEET 1: CONTACT AND METHYL BROMIDE REQUEST INFORMATION FOR 2011
AND BEYOND

The following information will be used to determine the amount of methyl
bromide requested and the contact person for this request.  It is
important that we know whom to contact in case we need additional
information during the review of the application.

Is this information Confidential Business Information:	Yes ___	No ___

If yes, the applicant assumes responsibility for the secure transmission
of electronic submissions.

Applicant Name:

Primary Contact:

Contact Name:

Address:

Daytime Phone:

Cell:

Fax:

Email Address

Specialty: (check one)  Agronomic ___	Economic ___

Alternate Contact:

Contact Name:

Address:

Daytime Phone:

Cell:

Fax:

Email Address:

Specialty: (check one)  Agronomic ___		Economic ___

I certify that all information contained in this document is factual to
the best of my knowledge.

Signature: ______________________________________________	Date: _______

Print Name: _____________________________________________	Title: _______

Information in this application may be aggregated with information from
other applications and used by the United States government to justify
claims in the national nomination package that a particular use of
methyl bromide be considered "critical" and authorized for an exemption
beyond the 2005 phaseout.  By signing below, you agree now to assert any
claim of confidentiality that would affect the disclosure by EPA of
aggregate information based in part on information contained in this
application.

Signature: ______________________________________________	Date: _______

Print Name: _____________________________________________	Title: _______

Burden means the total time, effort, or financial resources expended by
persons to generate, maintain, retain, or disclose or provide
information to or for a Federal agency.  This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to comply
with any previously applicable instructions and requirements; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.  Public reporting burden
for this collection of information is estimated to average 39 hours per
response and assumes a large portion of applications will be submitted
by consortia on behalf of many individual users of methyl bromide. An
agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a current OMB
control number.

WORKSHEET 1: CONTACT AND METHYL BROMIDE REQUEST INFORMATION FOR 2011 AND
BEYOND (continued)

1. Location of Facility(ies): Enter the name and physical address of the
facility(ies) where the proposed critical use of methyl bromide will
take place.  Provide more details about the location if relevant to the
feasibility of alternatives to methyl bromide.

2. Commodity: Include all commodities that benefit from the application
of methyl bromide in a fumigation cycle.

3. Range of structure/facility size by processors included in this
application: Insert number or percentage of users in each category.

0 to 1,000 (1,000 cu ft)	 	10,000 to 50,000 (1,000 cu ft)

1,000 to 5,000 (1,000 cu ft)	 	50,000 to 100,000 (1,000 cu ft)

5,000 to 10,000 (1,000 cu ft)	 	over 100,000 (1,000 cu ft)

4. Climate Average Minimum Temperature: Individual users should enter
their climate zone designation by reviewing the U.S. climate zone map
located at the end of this workbook or it can be reviewed online at
http://www.usna.usda.gov/Hardzone/ushzmap.html.  If a consortium is
submitting this application, please indicate the estimated percentage of
consortium users in each climate zone. Please check all that apply.

1____  2a____  2b____  3a____  3b____  4a____  4b____  5a____  5b____
6a____  6b____ 7a____  7b____  8a____  8b____   9a____  9b ____  10a____
 10b____  11____

5. Is this applicant eligible for Quarantine and Preshipment (QPS) uses
of methyl bromide:

	Yes ___	 No ___ 	If yes, indicate amount: ____ lbs

6. Has this applicant previously applied for Critical Use Exemption of
methyl bromide:

	Yes ___	 No ___		If yes, indicate CUE #: ________

7. What is the amount of methyl bromide being requested by this
application: (Do NOT include QPS amounts) If a consortium is submitting
this application, the data should be the total for the consortium.

	2011	2012	2013

A.	Total Pounds Active Ingredient (a.i.) of Methyl Bromide

	B.	Total Actual Volume (1000 cu. ft.) Treated

	C.	Formulation (Ratio of MB/Pic Mixture) to be Used for the CUE

	D.	Use Rate (lbs a.i./1000 cu. ft.)

	8. Please explain why there may be variations in the pounds or volume
(1,000 cu ft) treated from year to year, especially if the request is
higher this year than in previous years:

9. Please explain why methyl bromide is being requested:

10. Do you have access to recycled methyl bromide:

	Yes ___	No ___		If yes, please specify amount: _______ lbs

11. Do you anticipate that you will have any methyl bromide in storage
after January 1, 2011:

Yes ___	No ___		If yes, please specify amount: _______ lbs

12. Have you adjusted the request for the following issues:

Regulatory Issues:	     Yes ___No ___	Pest Pressure:		 Yes ___No ___

Adoption of Alternatives: Yes ___No ___	Other (Please Explain): Yes
___No ___

_______________________________________________________________________

WORKSHEET 2: METHYL BROMIDE

Purpose of Data:  To establish a baseline estimate of commodity treated,
gross profits, and costs using methyl bromide.

Instructions specific to each worksheet are located at the top of each
sheet.

Worksheet	Title

2-A	Methyl Bromide - Pest and Commodity Information

 	If a consortium is submitting this application, the data for this
table should reflect the representative user for the consortium.

 	The purpose of this worksheet is to determine pest infestation and
commodity information where methyl bromide is used.  This forms the
baseline for evaluating the impacts of using an alternative to replace
methyl bromide.

2-B	Methyl Bromide - Historical Use 2004 - 2008

 	If a consortium is submitting this application, all data should
reflect the actual data for the consortium.

 	This worksheet provides data in actual usage for 2004 - 2008.

2-C	Methyl Bromide - Commodity Treated and Gross Profits for 2004 - 2008

 	If a consortium is submitting this application, the data for this
table should reflect the representative user for the consortium.

 	This worksheet provides commodity treated and gross profits for 2004
through 2008.

 	The purpose of this worksheet is to determine past gross profits when
methyl bromide is used. This forms the baseline for evaluating the
revenue impacts of using an alternative to replace methyl bromide.

2-D	Baseline - Operating Costs for 2008

 	If a consortium is submitting this application, the data for this
table should reflect the representative user for the consortium.

 	This data is needed to estimate a baseline for operating costs in
order to estimate changes in costs and the impact on operating profit
and short-run economic viability as a result of not using methyl
bromide.

 	The purpose of this worksheet is to determine operating expenses when
methyl bromide is used.  This forms the baseline for evaluating the cost
impacts of using an alternative to replace methyl bromide.  The data
requested are designed to help you identify how your operation would
change if methyl bromide were unavailable, which will be shown in
Worksheet 3-B.

WORKSHEET 2-A: METHYL BROMIDE – PEST & PROCESSING INFORMATION

1. Commodity or Consortium:

2. What month does your fumigation cycle start: Please check only one.

Jan	Feb	Mar	Apr	May	Jun	Jul	Aug	Sept	Oct	Nov	Dec

3. Fumigation Timeline: Indicate when fumigation, major commodity and
pest management practices typically occur.  If the fumigation cycle is
longer than one year, change the months to an appropriate interval.

Beginning Fumigation Cycle	Time Interval ______________________

(e.g. WEEKS/MONTH/YEAR/SEASON)

(please define time periods)

Facility Preparation

Sealing

Cleaning

Fumigation Timeline

Reception of Raw Materials

Processing

Storage

Raw Materials

Finished Product

Packing

Shipping

Retail Market Window

Other Pest Treatments

Other

4. Please provide a simplified schematic diagram which illustrates the
basic steps of the commodity moving through the process from raw
material to finished product:

4a. Provide a narrative of market channel for each commodity, where it
is fumigated, and how the fumigation effects market availability and
commodity sale:

5. Target Pest(s) or Pest Problem(s): Please identify the key target
pests or pest problems for which methyl bromide is requested.  Provide
at least common name and genus and species if possible.  Additional
pests or pest problems can be provided as an attachment.  Please also
explain the specific reasons why methyl bromide is being requested for
each pest [e.g., effective herbicide is available, but not registered
for this crop; mandatory requirement to meet certification for disease
tolerance].

 	Common Name	Genus	Specific Reasons why Methyl Bromide is Needed

Pest 1

Pest 2

Pest 3

Pest 4

Pest 5

6.  Pest Economic Threshold: Please provide the economic threshold
information for each pest.  Describe year and source of information such
as survey or expert estimate.

 	Threshold	Units (e.g. pests/sq ft)	Year	Source

Pest 1

Pest 2

Pest 3

Pest 4

Pest 5

7. Target Pest Infestation: Please estimate the percentage of this
user's total structural/facility volume with a moderate to severe
problem with these pests.  Describe source of information such as a
survey or expert estimate.

 	Percentage of Total Structure/Facility	Source

Pest 1	%

	Pest 2	%

	Pest 3	%

8. Representative User: Please provide descriptive factors appropriate
for your operation.

a. Number of Facilities: _____

b. Gastightness Estimate (if available):* _________

* Give gastightness estimates where possible according to the following
scale: good - less than 25% gas loss within 24 hours or half loss time
of pressure difference greater than 1 minute; medium - 25-50% gas loss
within 24 hours or half loss time of pressure difference greater than 10
seconds; poor - 50-90% gas loss within 24 hours or half loss time of
pressure difference 1-10 second; very poor - more than 90% gas loss
within 24 hours or a pressure half loss time of less than 1 second.

9. In what part and phase of the operation does the methyl bromide
fumigation take place:  Please check all that apply and indicate
exposure time.

Structure / Facility: _________

Fumigation Chamber: _________

Commodity: _________

Prior to Storage: _________

Storage: _________

Prior to Shipping: _________

All: _________

Other: _________

10. For what percentage of the operation have alternative(s) replaced
methyl bromide in processing this commodity and if so, during what phase
of the process:

Alternative	% Replaced	Phase of Process	Details

Phosphine (Alone)

Heat Treatment

Phosphine in Combination

Other

11. Please provide a brief description of any equipment fumigated in
this operation:

WORKSHEET 2-B: METHYL BROMIDE – HISTORICAL USE 2004 - 2008

Row A:	Total Actual Pounds a.i. of Methyl Bromide Applied

 	Enter the total actual pounds active ingredient (a.i.) of methyl
bromide applied.  Note:  This number should be the total pounds a.i.
applied by the individual user or the entire consortium, for the year
indicated.  Include only the pounds active ingredient of methyl bromide.

Row B:	Total Actual Volume (1,000 cu ft) Treated

 	Enter the total actual volume (1,000 cu ft) treated.  Note:  This
number should be the total actual volume (1,000 cu ft) treated by the
individual user or total actual volume (1,000 cu ft) treated for the
entire consortium, for the year indicated.

Row C:	Formulation (Ratio of MB/Pic Mixture) to be Used for the CUE

 	Enter the formulation of methyl bromide used (e.g. MB 98:2; MB/Pic
70:30).

Row D:	Use Rate (lbs a.i./1000 cu. ft.)

 	Enter the use rate in pounds a.i. of methyl bromide per area.

For the years shown specify:	2004	2005	2006	2007	2008

A.	Total Actual Pounds a.i. of Methyl Bromide Applied

	B.	Total Actual Volume (1,000 cu ft) Treated

	C.	Formulation (Ratio of MB/Pic Mixture) to be Used for the CUE

	D.	Use Rate (lbs a.i./1000 cu. ft.)

What is the frequency of methyl bromide applied per volume (1,000 cu
ft): (1x / year, 2x / year, 1x / 3 years, etc.)

_______ times per _______

If there is a variation (greater than 10%) in the quantity a.i., the
acres treated or average application rate from year to year, please
explain the reasons for the variation:

Comments:

WORKSHEET 2-C: BASELINE – METHYL BROMIDE – COMMODITY TREATED &
GROSS PROFIT FOR 2004 - 2008

Column A:  	Year

 	Be sure to enter the year. Use as many rows as needed for each year
for all the commodities in the fumigation cycles from 2004 to 2008.  If
a fumigation cycle overlaps more than one calendar year, then the year
of the fumigation cycle is the year methyl bromide was applied.

Column B:  	Commodity

 	Enter all commodities that benefit from methyl bromide in the
fumigation cycle (interval between fumigations). See the Definitions
page for a comprehensive definition of the fumigation cycle.

	If someone other than the applicant benefits from the application of
methyl bromide in the fumigation cycle and you do not have the
quantitative data for the commodity treated in the same
facility/structure, please indicate so in the comments section below.

Column C:  	Market Categories

 	Enter marketing categories that determine prices received, for
example, grade (quality, taste, color) or timeliness (holiday market
season, early season, late season).  Itemize or aggregate these factors
to the extent appropriate if lack of methyl bromide would effect the
price in each category.

Column D:  	Unit of Commodity

 	Enter the unit of measurement for each commodity (lbs, tons, cwt).
If not by weight, specify in the comments section the average weight of
the measure.  For the international review board, all measures will be
converted to metric.

Column E:  	Total Commodity Treated

 	Enter the total units of commodity treated with methyl bromide and
processed/sold per area

Column F:  	Price

 	Enter average prices received by the users for that commodity and
category.  For the total line, you do not have to enter a price.
Average price over all categories can be calculated separately, if
needed.  If a commodity treated is never owned by the facility, indicate
the fees charged for all services.

Column G: 	Cost of Goods Sold

 	Enter the total cost of goods sold (raw materials purchased) during
the period.  If this expense is not relevant to your post-harvesting
operation, please skip this column.

Column H:  	Gross Profit

 	Gross profit may be calculated using the data you entered as the
Total Commodity Treated times Price minus the Cost of Goods Sold.  If
gross profit is not equal to total commodity sold times price subtracted
by cost of goods sold ((Column E * Column F) - Column G), you may
override the formula and enter a different revenue amount.  Please
explain why this gross profit amount is different in the comment section
below.

A	B	C	D	E	F	G	H

Year	Commodity	Market Category

(grade, time, end use)	Unit of Commodity (e.g., lbs, tons)	Total
Commodity Treated        (per unit of commodity)	 Price

(per unit of commodity)	 Cost of Goods Sold

(per unit of commodity)	Gross Profit

(per unit of commodity)

	Comments: WORKSHEET 2-D: METHYL BROMIDE – OPERATING COSTS FOR 2008

The purpose of this section is to determine operating expenses when
methyl bromide is used. This forms the baseline for evaluating the cost
impacts of using an alternative to replace methyl bromide.  The data
requested are designed to help you identify how your operation would
change if methyl bromide were unavailable, which will be shown in
Worksheet 3-B.  Please fill in the unshaded areas.  The shaded areas can
be used if the information is known.

Column A:	Operating Expense Items

 	Identify the operations to which the costs apply.  You may add or
delete lines as necessary.  The operating expense items listed here are
not meant to be exhaustive or be representative of your specific
operating system. Other operating expenses include, but are not limited
to, wage/salary, advertising and selling, utilities, rent and lease,
insurance, and supplies. Be as precise as necessary to explain how lack
of methyl bromide would affect your operation, otherwise you may
aggregate operating expenses.  These are meant to provide suggestions
and to help you identify how your operation would change if methyl
bromide were unavailable.

Column B:	Quantity Used per Volume (1,000 cu ft) or Weight (tons
(short))

 	This field is required only for methyl bromide.  However you may
include specific amounts of other inputs or operations if you believe it
helps to document the additional costs you would incur by using an
alternative fumigant.

Column C: 	Units (lbs. hours, etc.)

 	For all inputs and operations detailed in Column B, please specify
the units of measurement.

Column D:	Unit Cost ($)

 	For all inputs and operations detailed in Column B, please specify
the unit cost.  Also, indicate all costs of applying methyl bromide,
including any material costs (e.g. tarps).  If custom applied and
separate costs are unavailable, write 'custom' and enter total cost in
Column E.

Column E:	Cost ($) per Volume (1,000 cu ft) or Cost ($) per Weight (tons
(short))

 	Enter all appropriate costs of operations per volume (1,000 cu ft) or
weight (tons (short)).  You may add or delete lines as necessary.

 	If operation is defined in either cost per volume or cost per weight,
please keep the continuity of units.

A	B	C	D	E

Operating Expense Items	Quantity Used per Volume (1,000 cu. ft.) or
Weight (tons (short))	Units           (lbs., hours, etc.)	Unit Cost ($)
Cost ($) per Volume (1,000 cu. ft.) or Cost ($) per Weight (tons
(short))

1. Pest Management Costs (a+b+c+d)

a) Sanitation

b) Pest Control

c) Methyl Bromide Fumigation (c1+c2)

c1) Product

c2) Application

d) Other Pest Management Costs

2. Repairs / Maintenance / Replacement

3. Interest

4. Depreciation for Plant Assets

5. Other Operating Expenses

TOTAL OPERATING COST

WORKSHEET 3: ALTERNATIVES – FEASIBILITY OF ALTERNATIVE PEST CONTROL
REGIMENS

Purpose of Data: To estimate the loss as a result of not having methyl
bromide available.  EPA needs to compare data (commodity prices, gross
profit, operating expenses, etc.) on the use of methyl bromide and
alternative pest control regimens.

Complete Worksheet 3-A for each alternative pest control regimen.
Please indicate the name of the specific alternative pest control
regimen addressed and add additional pages as required.

Enter all alternative pesticides and pest control methods (and
associated cost and yield data) that would replace one treatment of
methyl bromide throughout the fumigation cycle.  See the Definitions
page for a comprehensive definition on fumigation cycles.

Worksheet	Title

3-A	 Alternatives - Technical Feasibility of Alternatives to Methyl
Bromide

 	You must complete one worksheet for each alternative.  Please insert
the name of the alternative in the area on top of the page.  If you
prefer, you may provide the information requested in this worksheet in a
narrative review.  However, you must fill in the information in Question
#1 or we will assume no production or quality loss.

3-B	Alternatives - Changes in Operating Costs

 	If a consortium is submitting this application, the data for this
table should reflect the representative user for the consortium.

 	This data is needed to estimate a baseline for operating costs in
order to estimate changes in costs and the impact on operating profit
and short-run economic viability as a result of not using methyl bromide
and to provide required information to the international review board.

 	Please fill out this worksheet for each alternative for which the
economic evaluation would bolster the case that methyl bromide is
needed.

 	The purpose of this worksheet is to determine operating expenses when
alternatives are used for evaluating the cost impacts of using an
alternative to replace methyl bromide.  The data requested are designed
to help you identify how your operation would change if methyl bromide
were unavailable.

3-C	Alternatives - Economic Feasibility of Alternatives to Methyl
Bromide

 	If a consortium is submitting this application, the data for this
table should reflect the representative user for the consortium.

 	Please include in this worksheet data for each alternative included
in worksheets 3-A and 3-B.

WORKSHEET 3-A: ALTERNATIVES – FEASIBILITY OF ALTERNATIVE PEST CONTROL
REGIMENS

Name of Alternative:

1. Pest Control When Comparing This Alternative to Methyl Bromide:
Provide numerical estimates where possible.

Study # 	Pest Being Tested	Relative % Pest Control 	Scale of Study (e.g.
pilot, plot)	Resulting Damages (please specify)

1

2

3

4

5

2. Study Information: For the cited studies above, please list: study
name, authors, publication, date, and indicate with a checkmark if a
copy is attached and if it is on the EPA website.

Study # 	Copy?	EPA?	Month/Year project started and finished (e.g. Nov
'99 - Oct '04)	Details

1

2

3

4

5

3. Are there any production delays (downtime) associated with this
alternative?	Yes ___	No ___

	If yes, please continue with 3a, 3b, 3c.

	3a. Please specify the number of days per year of downtime:	 _________
days/year

	3b. What is the cost of production delays or downtime per year? $
_________  per year

	3c. Please explain the details of going into downtime and why it is
necessary with this alternative:

4. What is the estimated probability of the commodity not meeting
consumer quality standards with and without methyl bromide or
alternative treatments: Please explain.

5. Restrictions/Limitations on Alternative Use: This information will
be used to determine the amount of methyl bromide needed.

 	% of Structure/Facility/Volume	Details

Regulatory Restriction

   -  Label Restriction

Climate Restriction

Pest Resistant To Alternative

Structural Limitations

Facility Limitations

Other Restrictions/Limitations (Describe)

6. Why is this alternative not suitable to replace 100% of methyl
bromide use in processing this commodity:

7. Use Rate of Chemical Alternative:

Active Ingredient          (a.i.)	Name of Product and Formulation
Quantity per Volume            (1,000 cu ft)	Units
(gals, lbs, etc.)	Volume (1,000 cu ft) Treated	# of Applications per
Year

8. Non-Chemical Pest Control: Please describe.

9. Fumigation Timeline: Indicate when fumigation, major commodity and
pest management practices typically occur.  If the fumigation cycle is
longer than one year, change the months to an appropriate interval.

Fumigation Cycle	Time Interval (e.g. WEEKS/MONTH/YEAR)

 	1	2	3	4	5	6	7	8	9	10	11	12

Facility Preparation

Sealing

Cleaning

Fumigation Timeline

Reception of Raw Materials

Processing

	Storage

	Raw Materials

Finished Product

Packing

Shipping

Retail Market Window

Other Pest Treatments

Other

Comments:

WORKSHEET 3-B: ALTERNATIVE – CHANGES IN OPERATING EXPENSES

Name of Alternative:

Column A:  	Operating Expense Items

 	Identify the operations to which the costs apply.  You may add or
delete lines as necessary.  The operating expense items listed here are
not meant to be exhaustive or be representative of your specific
operating system. These are meant to provide suggestions and to help you
identify how your operation would change if methyl bromide were
unavailable.

Column B:	Quantity Used per Volume (1,000 cu ft) or Weight (tons
(short))

 	This field is required only for alternatives.  However you may
include specific amounts of other inputs or operations if you believe it
helps to document the additional costs you would incur by using an
alternative fumigant.

Column C: 	Units (lbs. hours, etc.)

 	For all inputs and operations detailed in Column B, please specify
the units of measurement.

Column D:	Unit Cost ($)

 	For all inputs and operations detailed in Column B, please specify
the unit cost.  Also, indicate all costs of applying alternatives,
including any material costs (e.g. tarps).  If custom applied and
separate costs are unavailable, write 'custom' and enter total cost in
Column E.

Column E:	Cost ($) per Volume (1,000 cu ft) or Cost ($) per Weight (tons
(short))

 	Enter all appropriate costs of operations per volume (1,000 cu ft) or
weight (tons (short)).  You may add or delete lines as necessary.

 	If operation is defined in either cost per volume or cost per weight,
please keep the continuity of units.

A	B	C	D	E

Operating Expense Items	Quantity Used per Volume (1,000 cu ft) or Weight
(Tons (short))	Units (lbs., hours, etc.)	Unit Cost ($)	Cost ($) per
Volume (1,000 cu. ft.) or Cost ($) per Weight (tons (short))

1. Pest Management Costs (a+b+c+d)

    a) Sanitation

    b) Pest Control

    c) Fumigation (c1+c2)

         c1) Product

         c2) Application

    d) Other Pest Management Costs

2. Repairs / Maintenance / Replacement

3. Interest

4. Depreciation for Plant Assets

5. Other Operating Expenses

                        TOTAL OPERATING COST

4. What are the additional new investments (structures, facilities,
equipment, fumigation chambers, etc.) needed to utilize this
alternative: Establish necessary capital expenditures required for the
uses of alternatives. For example, the incremental costs to convert to
heat treatment might include installing a steam heating system,
purchasing generators, installing necessary ductwork, and retrofitting
other components to make them amenable to heat treatment.

Type of Investment	Total Investment ($)	Life of Investment (# of years)
Salvage Value ($)	Interest Rate (%)

Comments:

WORKSHEET 4: EMISSION CONTROL

1. How do you currently minimize use and/or emissions of methyl bromide,
and how do you plan to further reduce use and/or emissions in the
future: For all use/emissions reduction technique that you use, please
fill out the text, where provided, or state the adoption rate and/or
describe changes.

 	What use/emission reduction methods are presently adopted?

Please state the emission reduction amounts for each listed year.	What
further use/emission reduction steps will be taken for the methyl
bromide used for critical uses? Please project the reduction amounts for
each listed year.

Methyl Bromide Dosage Reduction	1999	_____ lbs/acre	2009	_____ lbs/acre

	2008	_____ lbs/acre	2013	_____ lbs/acre

Less Frequent Application	1999	____ times per____	2009	____ times
per____

	 2008	____ times per____	2013	____ times per____

Formulation Changes (please specify)	1999	_____% methyl bromide, _____%
chloropicrin	2009	_____% methyl bromide, _____% chloropicrin

	 2008	_____% methyl bromide, _____% chloropicrin	2013	_____% methyl
bromide, _____% chloropicrin

Reclamation	1999

2009

2008

2013

	Sealing Buildings	1999

2009

2008

2013

	Integrated Pest Management (IPM)	1999

2009

2008

2013

	Cultural Practices (please specify)	1999

2009

2008

2013

	Other Pesticides (please specify)	1999

2009

2008

2013

	Non-Chemical Methods (please specify)	1999

2009

2008

2013

	Other Measures (please specify)	1999

2009

2008

2013

2.  If methyl bromide emission reduction techniques are not being used,
or are not planned for the future, state reasons:

WORKSHEET 5: FUTURE RESEARCH PLANS

1. Identify the top 3 to 5 target pests for your research:

	1.

	2.

	3.

	4.

	5.

2. Provide a list of alternative chemicals or cultural practices that
have been tested:

1.

	2.

	3.

	4.

	5.

3. Prioritize the alternative chemicals or cultural practices to be
tested:

1.

	2.

	3.

	4.

	5.

4. What would be the best currently available alternative if methyl
bromide were not available:

5. Are there any other potential alternatives under development which
are being considered to replace methyl bromide:

6. Are there technologies being used to produce the crop which avoid the
need for methyl bromide?  Please explain whether such technologies could
replace a proportion of proposed methyl bromide use:

7. Please provide an overview/timeline of the plan to transition away
from using methyl bromide:

8. Will you include incidence reports where a commodity fails:

9. Please describe the management strategies that are in place or
proposed to eliminate the use of methyl bromide for the nominated
critical use, e.g., measures to avoid any increase in methyl bromide
consumption, measure to encourage the use of alternatives, information
on the market penetration of newly deployed alternatives and
alternatives that may be used in the near future:

10. What is the cumulative amount spent and the types of contributions
this consortium has made to fund research to develop alternatives to
methyl bromide since 1992, e.g. consortium dues, direct research
funding, etc.:  Please add additional rows if necessary.

Years	Name of Organization / Research Institution	Amount ($)

11. Other total investments, if any, made to reduce your reliance on
methyl bromide: $ ________

Describe each investment and its associated costs (e.g. specialized
machinery, etc.).  Please add additional rows if necessary.

Investment	Cost

13. Grant requests made to USDA, EPA, state, or other funding group:

For EPA Use Only ID # _________

SECTOR _____________________

WORKSHEET 6: SUMMARY

This section will be posted on the web to notify the public of requests
for critical use exemptions beyond the 2005 phaseout for methyl bromide.
 Therefore, this section cannot be claimed as CBI.

1. Consortium Name:

2. Location:

3. Crop:

4. Pounds of Methyl Bromide Requested:     2011 ______ lbs.	   	    2012
________ lbs.

5. Volume Treated with Methyl Bromide:      2011 ______ (1,000 cu. ft.)
2012 ________ (1,000 cu. ft.)

6. If methyl bromide is requested for additional years, reason for
request:

	2011 ________ lbs.		Volume Treated ________ (1,000 cu. ft.)

	2012 ________ lbs.		Volume Treated ________ (1,000 cu. ft.)

	2013 ________ lbs.		Volume Treated ________ (1,000 cu. ft.)

7. Summary of Alternatives Not Feasible: Place an "X" in the column(s)
labeled "Not Technically Feasible" and/or "Not Economically Feasible"
where appropriate.  Use the "Reasons" column to describe why the
potential alternative is not feasible.  Please add additional rows if
necessary.

Potential Alternatives	Not Technically Feasible	Not Economically
Feasible	Reasons

Definitions:

Fumigation cycle:	The period of time between methyl bromide fumigations.

Year:	If a fumigation cycle overlaps more than one calendar year, "year"
refers to the calendar year when methyl bromide is applied (or the
beginning of the cycle).

Comparable data:	In order to compare revenues and costs with and without
methyl bromide, data on alternatives for pest control, yields, revenues,
and costs must be for the same time interval as the methyl bromide
fumigation cycle.  If, however, quantitative data, is not available for
the entire fumigation cycle, then to be comparable, the quantitative
data for the alternatives should cover the same portion of the
fumigation cycle as the quantitative data for methyl bromide, and the
rest of the cycle should be discussed in the comments sections.

2-year example:	If a methyl bromide fumigation is made every 2 years,
then the 2003 fumigation cycle began in 2003 and would end in 2005.  The
data should cover the methyl bromide costs and usage for the methyl
bromide fumigation made in 2003, and all yields and revenues received
and other costs incurred during the 2 year period.  To be comparable,
the data on alternatives should cover a similar 2 year period beginning
in 2011 beginning at the same time of year when a methyl bromide
fumigation would be made.  The data should cover all methyl bromide
alternatives used, and all yields and revenues received during that
2-year interval.  Other pest control and other costs would only need to
be provided for that interval if they would change from what they were
with methyl bromide.

Other beneficiary example	If someone other than the applicant benefits
from a methyl bromide fumigation, you should comment on these benefits
if you do not have quantitative data for the entire fumigation cycle.
For example, if a rotational crop in the second year benefits from a
methyl bromide fumigation a year earlier, but there is quantitative data
only on the first crop, then the data on the alternatives should cover
only the first crop, and the benefits of methyl bromide and the
additional pesticides that would have to be used on the rotational crop
should be discussed in the comments sections.

Crop cycle change example:	If in a one year interval, methyl bromide is
applied, tomatoes are grown and harvested followed by peppers, then the
fumigation cycle would be one year including the tomatoes and peppers.
If, however, without methyl bromide, it is not possible to follow
tomatoes with peppers in the same one year interval, then the
alternative data on pesticides, costs, yields, and revenues should just
cover tomatoes.  The loss of profit from not being able to grow peppers
with the alternatives would be part of the loss from not having methyl
bromide.

Crop Grouping	The applicant can group similar crops together if:

(i) Crops would experience similar yield and quality losses in the
absence of  methyl bromide; and

(ii) Crops are grown on the same fumigation and cultivation cycle with
similar operating costs.

For example, nursery crops including various flower or tree species can
be aggregated, with average yields per acre and prices.  However, if
crops are distinctly different in revenues and operating costs, or the
cycles, the applicant may want to present yield, price and operating
costs for each crop separately and also indicate the proportion of land
area allocated to each crop.

OMB Control # 2060-0482

EPA Form # 5900-137		Post-harvest


[Federal Register Volume 82, Number 115 (Friday, June 16, 2017)]
[Notices]
[Pages 27743-27748]
[FR Doc No: 2017-12484]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80909; File No. SR-MIAX-2017-28]

Self-Regulatory Organizations: Notice of Filing and Immediate
Effectiveness of a Proposed Rule Change by Miami International
Securities Exchange, LLC To Implement an Equity Rights Program

June 12, 2017.
    Pursuant to the provisions of 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 June 8, 2017, Miami
International Securities Exchange, LLC (``MIAX Options'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') a 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 is filing a proposal to implement an equity rights
program. The text of the proposed rule change is available on the
Exchange's Web site at http://www.miaxoptions.com/rule-filings, at
MIAX's principal office, 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 Exchange proposes to implement an equity rights program
(``Program'') pursuant to which units representing the right to acquire
equity in the Exchange's parent holding company, Miami International
Holdings, Inc. (``MIH'') would be issued to a participating Member in
exchange for payment of an initial purchase price or the prepayment of
certain transaction fees and the achievement of certain liquidity
volume thresholds on the Exchange over a 42-month period. The purpose
of the Program is to promote the long-term interests of MIAX Options by
providing incentives designed to encourage future MIH owners and MIAX
Options market participants to contribute to the growth and success of
MIAX Options, by being active liquidity providers and takers to provide
enhanced levels of trading volume to MIAX Options' market, through an
opportunity to increase their proprietary interests in MIAX Options'
enterprise value.
    Members that participate in the Program will have two options to
choose from: (i) An offering of G-Units; and/or (ii) an offering of H-
Units.\3\
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    \3\ The Program which provides equity-like consideration in
exchange for market making or the provision of liquidity, order flow
or volume is open to market participants generally. All MIAX Options
Members may participate subject to their satisfaction of eligibility
requirements. To be designated as a participant Member, an applicant
must: (i) Be a Member in good standing of MIAX Options; (ii) qualify
as an ``accredited investor'' as such term is defined in Regulation
D of the Securities Act of 1933; and (iii) have executed all
required documentation for Program participation. Members may elect
to participate in either or both of the options. If either the G-
Unit or the H-Unit option is oversubscribed, the units in the
oversubscribed option will be allocated on a pro-rata basis that may
result in a fractional allocation.
---------------------------------------------------------------------------

G-Units Option
    Members that participate in the G-Unit option of the Program will
be issued for each unit (i) 31,407 shares of MIH common stock and (ii)
warrants to purchase 383,254 shares of common stock of MIH in exchange
for such participant Member's initial cash capital contribution of
$188,442, and with such warrants being exercisable upon the achievement
by the participating Member of certain volume thresholds on the
Exchange during a 42-month measurement period commencing July 3, 2017.
A total of 5 G-Units will be offered. The total equity ownership of MIH
common stock held by any one participant Member will be subject to a
cap of 19.9%.\4\
---------------------------------------------------------------------------

    \4\ See Ninth Article (b)(i)(B), Amended and Restated
Certificate of Incorporation of Miami International Holdings, Inc.,
effective October 16, 2015 (providing that no Exchange Member,
either alone or together with its Related Persons, may own, directly
or indirectly, of record or beneficially, shares constituting more
than twenty percent (20%) of any class of capital stock of the
Corporation). Any purported transfer of shares or ownership of
shares in violation of the ownership cap by a Member would be
subject to the limitations of the Certificate of Incorporation,
including the non-recognition of voting rights of shares in excess
of the cap and a redemption right by MIH for excess shares. See
Ninth Article (d) and (e), Amended and Restated Certificate of
Incorporation of Miami International Holdings, Inc., effective
October 16, 2015.
---------------------------------------------------------------------------

    The warrants will vest in eight (8) tranches: (i) One (1) tranche,
upon initial investment; and (ii) seven (7) tranches during a
measurement period of months 1-42 of the Program. In addition, the
participant Members may earn or lose the right to exercise warrants on
a pro-rata basis based upon meeting volume commitments during the
measurement periods, as detailed below.
    Upon the initial investment, the participant Member would receive
common shares equal to 31,407 shares of the common stock and 10% of the
warrants will vest. A participant Member will be eligible to earn the
remaining warrants during measurement periods provided that the
participant has achieved a specified percentage of the total national
average daily volume of options contracts reported to The Options
Clearing Corporation (``OCC'') (``OCC ADV'') on MIAX Options of all
option classes listed on MIAX Options.\5\
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    \5\ If an options class is not listed on MIAX Options, then the
trading volume in that options class will be omitted from the
calculation of % OCC ADV. Priority Customer-to-Priority Customer
Crossing transactions where no fees are paid to the Exchange,
special strategies, and contracts as to which a Member acts solely
as clearing agent will not be counted in the number of option
contracts executed on the Exchange by any Member. (Incidental
Priority Customer-to-Priority Customer transactions, that are not
crossing transactions, will be counted in the number of options
contracts executed on the Exchange by a Member.) Special strategies
for the purpose of calculating trading volume include: (i) Dividend
strategy; (ii) merger strategy; (iii) short stock interest strategy;
(iv) reversal and conversion strategies; (v) jelly roll strategy;
and (vi) similar strategies offered by an options exchange that are
subject to a fee cap. Trading in special strategies currently is not
available on MIAX Options. Special strategies will be omitted from
the calculation of % OCC ADV to the extent it is possible to
identify such transactions.
---------------------------------------------------------------------------

    The remaining seven (7) tranches, of 90% of the warrants, will vest
during the following measurement periods: (i) 10.90% of the warrants
resulting from months 1-6, with a volume commitment of 0.400% of OCC
ADV on MIAX Options per G-Unit; \6\ (ii) 10.90% of the warrants
resulting from months 7-12, with a volume commitment of 0.400% of OCC
ADV on MIAX Options per G-Unit; (iii) 13.64% of the warrants resulting
from months 13-18, with a volume commitment of 0.500% of OCC ADV on
MIAX Options per G-Unit; (iv) 13.64% of the warrants resulting from
months 19-24, with a volume commitment of 0.500% of OCC ADV on MIAX
Options per G-Unit; (v) 13.64% of the warrants resulting from months
25-30, with a volume commitment of 0.500% of OCC ADV on MIAX Options
per G-Unit; (vi) 13.64% of the warrants resulting from months 31-36,
with a volume commitment of 0.500% of OCC ADV on MIAX Options per G-
Unit; and (vii) 13.64% of the warrants resulting from months 37-42,
with a volume

commitment of 0.500% of OCC ADV on MIAX Options per G-Unit. If a
participant Member reaches 100% of the volume commitment during a
tranche's measurement period, the Member will earn 100% of the warrants
applicable to such measurement period. If a participant Member reaches
less than 100% but at least 70% of the volume commitment during a
tranche's measurement period, the Member will earn a reduced amount of
warrants on a pro-rata basis applicable to such measurement period. If
a participant Member fails to reach a minimum of 70% of the volume
commitment during a tranche's measurement period, the Member will lose
all right to that tranche of warrants. Notwithstanding, in the event a
participant Member has not satisfied the volume commitment for any one
measurement period (other than measurement period 7), the participant
Member will have an opportunity to vest those warrants if such
participant Member applies a portion of the Member's overperformance
from the measurement period immediately following the prior measurement
period to ensure a minimum of 70% of the volume commitment in the prior
period and in addition has satisfied the volume commitment for the
measurement period immediately following. If a participant Member
exceeds 100% of the volume commitment during a tranche's measurement
period, the Member is able to earn, on a pro-rata basis, warrants not
earned by other participant Members.
---------------------------------------------------------------------------

    \6\ The first measurement period will begin on July 3, 2017 and
end December 29, 2017. Therefore, July 3, 2017 through December 29,
2017 will count as months 1-6 for purposes of the measurement
period.
---------------------------------------------------------------------------

H-Units Option
    Members that participate in the H-Unit option of the Program will
be issued for each unit warrants to purchase 414,661 shares of common
stock of MIH in exchange for the prepayment of Exchange fees in the
amount of $500,000 for the 42-month period commencing July 3, 2017, and
with such warrants being exercisable upon the achievement by the
participating Member of certain volume thresholds on the Exchange
during a 42-month measurement period commencing July 3, 2017. A total
of 30 H-Units will be offered. The total equity ownership of MIH common
stock held by any one participant Member will be subject to a cap of
19.9%.
    The warrants will vest in seven (7) tranches during the following
measurement periods: (i) 12.12% of the warrants resulting from months
1-6, with a volume commitment of 0.400% of OCC ADV on MIAX Options per
H-Unit; \7\ (ii) 12.12% of the warrants resulting from months 7-12,
with a volume commitment of 0.400% of OCC ADV on MIAX Options per H-
Unit; (iii) 15.15% of the warrants resulting from months 13-18, with a
volume commitment of 0.500% of OCC ADV on MIAX Options per H-Unit; (iv)
15.15% of the warrants resulting from months 19-24, with a volume
commitment of 0.500% of OCC ADV on MIAX Options per H-Unit; (v) 15.15%
of the warrants resulting from months 25-30, with a volume commitment
of 0.500% of OCC ADV on MIAX Options per H-Unit; (vi) 15.15% of the
warrants resulting from months 31-36, with a volume commitment of
0.500% of OCC ADV on MIAX Options per H-Unit; and (vii) 15.16% of the
warrants resulting from months 37-42, with a volume commitment of
0.500% of OCC ADV on MIAX Options per H-Unit. If a participant Member
reaches 100% of the volume commitment during any one tranche's
measurement period, the Member will earn 100% of the warrants
applicable to such measurement period. If a participant Member reaches
less than 100% but at least 70% of the volume commitment during a
tranche's measurement period, the Member will earn a reduced amount of
warrants on a pro-rata basis applicable to such measurement period. If
a participant Member fails to reach a minimum of 70% of the volume
commitment during the measurement period, the Member will lose all
right to that tranche of warrants. Notwithstanding, in the event a
participant Member has not satisfied the volume commitment for any one
measurement period (other than measurement period 7), the participant
Member will have an opportunity to vest those warrants if such
participant Member applies a portion of the Member's overperformance
from the measurement period immediately following the prior measurement
period to ensure a minimum of 70% of the volume commitment in the prior
period, and in addition has satisfied the volume commitment for the
measurement periods immediately following. If a participant Member
exceeds 100% of the volume commitment during any one tranche's
measurement period, the Member is able to earn, on a pro-rata basis,
warrants not earned by other participant Members.
---------------------------------------------------------------------------

    \7\ The first measurement period will begin on July 3, 2017 and
end December 29, 2017. Therefore, July 3, 2017 through December 29,
2017 will count as months 1-6 for purposes of the measurement
period.
---------------------------------------------------------------------------

    Once a participant Member has prepaid Exchange fees for the initial
42-month period, each month the participant Member may execute
contracts and accumulate transaction fees based on the prevailing MIAX
Options Fee Schedule in effect at the time. Once an H-Unit participant
Member has executed contract volume whereby the total accumulated
transaction fees equal the prepaid amount, all subsequently executed
contracts will be billed and collected at the appropriate rate as
defined in the MIAX Options Fee Schedule.
Provisions Applicable to Both G-Units and H-Units
    A Member of the Exchange and its Affiliate as defined in the Fee
Schedule of MIAX Options \8\ may together participate in the Program as
follows. In order to participate in the Program with a participant
Member an Appointed Market Maker or Appointed EEM must be designated as
such as of June 29, 2017 pursuant to the procedure for appointing an
Appointed Market Maker or Appointed EEM set forth in the MIAX Options
Fee Schedule. An Appointed Market Maker or Appointed EEM may not
otherwise be a participant Member of the Program. Notwithstanding the
ability to change the designation of an Appointed Market Maker or
Appointed EEM as set forth in the Fee Schedule of

MIAX Options for MIAX Options Fee Schedule purposes, no such change in
designation may be made for purposes of the Program and any designation
of an Appointed Market Maker or Appointed EEM as of June 29, 2017 shall
remain in effect for purposes of the Program for the duration of the
Program.\9\ An Affiliate of a Member with at least 75% common ownership
between the firms as reflected on each firm's Form BD, Schedule A (a
``Corporate Affiliate''), is not required to follow the procedure set
forth on the MIAX Options Fee Schedule for designation of an Appointed
Market Maker or Appointed EEM and will together be deemed a participant
Member in the Program for so long as it maintains such corporate
affiliation with the other Member. Alternatively, a Corporate Affiliate
of a Member may directly join the Program and be a separate participant
Member of the Program. Volume thresholds and other aspects of the
Program may be met by the Member and its Affiliate who will together
constitute a participant Member in the Program. In the case where a
Member and its Corporate Affiliate separately joined the Program as
participant Members volume thresholds and other aspects of the Program
must be met separately by the Member and its Corporate Affiliate.
---------------------------------------------------------------------------

    \8\ For purposes of the MIAX Options Fee Schedule, the term
``Affiliate'' means (i) an affiliate of a Member of at least 75%
common ownership between the firms as reflected on each firm's Form
BD, Schedule A, (``Affiliate''), or (ii) the Appointed Market Maker
of an Appointed EEM (or, conversely, the Appointed EEM of an
Appointed Market Maker). An ``Appointed Market Maker'' is a MIAX
Market Maker (who does not otherwise have a corporate affiliation
based upon common ownership with an EEM) that has been appointed by
an EEM and an ``Appointed EEM'' is an EEM (who does not otherwise
have a corporate affiliation based upon common ownership with a MIAX
Market Maker) that has been appointed by a MIAX Market Maker,
pursuant to the following process. A MIAX Market Maker appoints an
EEM and an EEM appoints a MIAX Market Maker, for the purposes of the
Fee Schedule, by each completing and sending an executed Volume
Aggregation Request Form by email to<EMAIL_ADDRESS>no
later than 2 business days prior to the first business day of the
month in which the designation is to become effective. Transmittal
of a validly completed and executed form to the Exchange along with
the Exchange's acknowledgement of the effective designation to each
of the Market Maker and EEM will be viewed as acceptance of the
appointment. The Exchange will only recognize one designation per
Member. A Member may make a designation not more than once every 12
months (from the date of its most recent designation), which
designation shall remain in effect unless or until the Exchange
receives written notice submitted 2 business days prior to the first
business day of the month from either Member indicating that the
appointment has been terminated. Designations will become operative
on the first business day of the effective month and may not be
terminated prior to the end of the month. Execution data and reports
will be provided to both parties. See, MIAX Options Fee Schedule
note 1.
    \9\ A participant Member who changes a designation of an
Appointed Market Maker or Appointed EEM during the Program will be
effective with respect to transactions on the Exchange other than
the Program.
---------------------------------------------------------------------------

    Each participant Member will have a standard piggyback registration
right to include the common shares and the common shares issuable upon
exercise of the warrants should MIH file a Registration Statement under
the Securities Act of 1933. Each participant Member will also have the
right to participate pro rata in all future offerings of MIH securities
for so long as the participant Member holds at least 51% of the common
shares purchased by the participating Member directly or issuable upon
the exercise of warrants included in at least one H-Unit. MIH will have
the right of first refusal to purchase any common shares or warrant
shares that a participant Member decides to transfer or sell. Other
participant Members will have the secondary right of first refusal to
purchase any common shares or warrant shares that a participant Member
decides to transfer or sell.
    When a participating Member acquires a certain number of units, the
Member can appoint one director to the MIH Board and/or the MIAX
Options Board. The Exchange notes that the number of non-industry
directors on the MIAX Options Board, including at least one independent
director, must equal or exceed the number of industry directors and
Member representatives, and that additional new non-industry directors
and Member representative directors will need to be added in order to
maintain this status. The Exchange also notes that any directors that
may be selected by a participating Member would not be counted towards
the 20% Member representative requirement on the MIAX Options Board. In
addition, the Exchange notes that a Member is only entitled to a new
seat if they are not currently represented on the MIAX Options Board.
    All applicants will be subject to the same eligibility and
designation criteria, and all participant Members will participate in
the Program on the same terms, conditions and restrictions. To be
designated as a participant Member, an applicant must: (i) Be a Member
in good standing of MIAX Options; (ii) qualify as an ``accredited
investor'' as such term is defined in Regulation D of the Securities
Act of 1933; \10\ and (iii) have executed all required documentation
for Program participation. Participant Members must have executed the
definitive documentation, satisfied the eligibility criteria required
of Program participants enumerated above, and tendered the minimum cash
investment or prepayment of fees by June 29, 2017, with a closing to
occur on June 30, 2017.
---------------------------------------------------------------------------

    \10\ The purpose of this criterion relates to the ability of MIH
to sell shares of common stock pursuant to an exemption from
registration under the Securities Act of 1933. The definition of
``accredited investor'' under Rule 501(a)(1) of the Securities Act
of 1933 includes any broker or dealer registered pursuant to Section
15 of the Act. MIAX Options Rule 200(b) requires a Member to be
registered as a broker or dealer pursuant to Section 15 of the Act,
therefore all MIAX Options Members will satisfy this criterion.
---------------------------------------------------------------------------

    As discussed above, the purpose of the Program is to encourage
Members to direct greater trade volume to MIAX Options to enhance
trading volume in MIAX Options' market. Increased volume will provide
for greater liquidity and enhanced price discovery, which benefits all
market participants. Other exchanges have engaged in the practice of
incentivizing increased order flow in order to attract liquidity
providers through equity sharing arrangements.\11\ In addition, the
Exchange previously adopted substantially similar programs to
incentivize increased order flow in order to attract liquidity
providers through an equity sharing arrangement.\12\ The Program
similarly intends to attract order flow, which will increase liquidity,
thereby providing greater trading opportunities and tighter spreads for
other market participants and causing a corresponding increase in order
flow from these other market participants. The Program will similarly
reward the liquidity providers that provide this additional volume with
a potential proprietary interest in MIAX Options.
---------------------------------------------------------------------------

    \11\ See, e.g., Securities Exchange Act Release Nos. 62358 (June
22, 2010), 75 FR 37861 (June 30, 2010) (SR-NSX-2010-06); 64742 (June
24, 2011), 76 FR 38436 (June 30, 2011) (SR-NYSEAmex-2011-018); 69200
(March 21, 2013), 78 FR 18657 (March 27, 2013) (SR-CBOE-2013-31);
74114 (January 22, 2015), 80 FR 4611 (January 28, 2015) (SR-BOX-
2015-03); and 74576 (March 25, 2015), 80 FR 17122 (March 31, 2015)
(SR-BOX-2015-16).
    \12\ See Securities Exchange Act Release Nos. 70498 (September
25, 2013), 78 FR 60348 (October 1, 2013) (SR-MIAX-2013-43); 74095
(January 20, 2015), 80 FR 4011 (January 26, 2015) (SR-MIAX-2015-02);
and 74225 (February 12, 2015), 80 FR 7897 (February 12, 2015) (SR-
MIAX-2015-05).
---------------------------------------------------------------------------

    The specific volume thresholds of the Program's measurement periods
were set based upon business determinations and analysis of current
volume levels. The volume thresholds are intended to incentivize firms
to increase the number of orders that are sent to MIAX Options to
achieve the next threshold. Increasing the number of orders that are
sent to MIAX Options will in turn provide tighter and more liquid
markets, and therefore attract more business as well.
    MIAX Options will initiate the measurement period on July 3, 2017.
The Exchange will notify Members of the implementation of the Program
and the dates of the enrollment period by Regulatory Circular, and will
post a copy of this rule filing on its Web site. Any MIAX Options
Member that is interested in participating in the Program may contact
MIAX Options for more information and legal documentation and will be
required to enter into a nondisclosure agreement regarding this
additional Program information.
2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent
with Section 6(b) of the Act \13\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \14\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, to remove impediments to and perfect the
mechanisms of a free and open market and a national market system and,
in general, to protect investors and the public interest. Additionally,
the

Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) of the Act \15\ requirement that the rules of an
exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers. The Exchange also believes the
proposed rule change is consistent with Section 6(b)(4) of the Act,\16\
which requires that Exchange rules provide for the equitable allocation
of reasonable dues, fees, and other charges among its members and other
persons using its facilities.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
    \15\ 15 U.S.C. 78f(b)(5).
    \16\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    In particular, the proposed rule change is equitable and not
unfairly discriminatory, because all Members may elect to participate
(or elect to not participate) in the Program and earn units on the same
terms and conditions, assuming they satisfy the same eligibility
criteria as described above. The eligibility criteria are objective;
thus, all Members have the ability to satisfy them. The Board also has
authorized MIAX Options to offer common shares in MIH to any Member
that requests designation to participate in the Program and otherwise
satisfies the eligibility criteria to ensure that all Members will have
the opportunity to own common shares and thus participate in the
Program if they so choose. In addition, participant Members will earn
warrants on a pro-rata basis upon meeting fixed volume threshold
amounts during the measurement periods that will apply to all
participant Members.
    The Exchange believes that the methodology used to calculate the
volume thresholds is fair, reasonable and not unfairly discriminatory
because it is based on objective criteria that are designed to omit
from the calculation functionality that is not available on the
Exchange and types of transactions that are subject to little or no
transaction fees. Specifically, the Exchange believes excluding
Priority Customer-to-Priority Customer Crossing transactions where no
fees are paid to the Exchange, special strategies, and contracts as to
which a Member acts solely as clearing agent from the number of option
contracts executed on the Exchange by any Member is reasonable and not
unfairly discriminatory because participating Members could otherwise
game the volume thresholds by executing excess volumes in these types
of transactions in which either no transaction fees are charged on the
Exchange, or the transaction is subject to a fee cap. The Program is
designed to reward participating Members for bringing their orders and
quotes to the Exchange to be executed on the Exchange. The Exchange
believes it is appropriate to exclude special strategies from the OCC
volume calculation since those transactions are not executed on the
Exchange. The Exchange believes that omitting clearing only
transactions from the calculation to be fair and reasonable because the
fact that a Member is clearing a trade is coincidental to the choice of
where to execute that trade. And, because clearing only transactions
are not executed on MIAX Options, they do not fall within the intended
transactions that qualify for the Program. In addition, if the Exchange
were to reward the party clearing a trade, the Exchange would possibly
be double counting that trade--once for the executing party and once
for the clearing party. Furthermore, the Exchange believes that
counting incidental Priority Customer-to-Priority Customer
transactions, which are not crossing transactions, in the number of
options contracts executed on the Exchange by a Member is fair and
reasonable because in these situations the Priority Customer is not
necessarily choosing to execute against another Priority Customer in
order to avoid a transaction fee.
    The Exchange believes that its proposal to allow Affiliates to
participate in the Program is fair, reasonable and not unfairly
discriminatory because it is being offered to all Members of the
Exchange on the same terms and conditions. The Exchange believes that
allowing both traditional Corporate Affiliates and also Appointed
Market Makers and Appointed EEMs to participate in the Program is
reasonable and appropriate because it will provide those participants
with a potentially greater opportunity to achieve the volume thresholds
in the Program. Also, the Exchange believes that allowing Appointed
Market Makers and Appointed EEMs to participate in the Program expands
access to the Program to Members that might not otherwise, individually
on their own, participate in the Program, which will benefit all market
participants by providing greater liquidity on the Exchange, all of
which perfects the mechanism for a free and open market and national
market system.
    The Exchange believes the Program is equitable and reasonable
because an increase in volume and liquidity would benefit all market
participants by providing more trading opportunities and tighter
spreads, even to those market participants that do not participate in
the Program. Additionally, the Exchange believes the proposed rule
change is consistent with the Act because, as described above, the
Program is designed to bring greater volume and liquidity to the
Exchange, which will benefit all market participants by providing
tighter quoting and better prices, all of which perfects the mechanism
for a free and open market and national market system.

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 not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange believes that the
proposed rule change will improve competition by providing market
participants with another option when determining where to execute
orders and post liquidity.
    The Exchange believes that the proposed change would increase both
intermarket and intramarket competition by incenting participant
Members to direct their orders to the Exchange, which will enhance the
quality of quoting and increase the volume of contracts traded here. To
the extent that there is an additional competitive burden on non-
participant Members, the Exchange believes that this is appropriate
because the Program should incent Members to direct additional order
flow to the Exchange and thus provide additional liquidity that
enhances the quality of its markets and increases the volume of
contracts traded here. To the extent that this purpose is achieved, all
of the Exchange's market participants should benefit from the improved
market liquidity. Enhanced market quality and increased transaction
volume that results from the anticipated increase in order flow
directed to the Exchange will benefit all market participants and
improve competition on the Exchange.
    Given the robust competition for volume among options markets, many
of which offer the same products, implementing a program to attract
order flow like the one being proposed in this filing is consistent
with the above-mentioned goals of the Act. This is especially true for
the smaller options markets, such as MIAX Options, which is competing
for volume with much larger exchanges that dominate the options trading
industry. MIAX Options has a modest percentage of the average daily
trading volume in options, so it is unlikely that the Program could
cause any competitive harm to the options market or to market
participants. Rather, the Program is an attempt by a small

options market to attract order volume away from larger competitors by
adopting an innovative pricing strategy, as evidenced by the volume
thresholds of the Program that represent fractions of 1% of OCC ADV.
The Exchange notes that if the Program resulted in a modest percentage
increase in the average daily trading volume in options executing on
MIAX Options, while such percentage would represent a large volume
increase for MIAX Options, it would represent a minimal reduction in
volume of its larger competitors in the industry. The Exchange believes
that the Program will help further competition, because market
participants will have yet another option in determining where to
execute orders and post liquidity if they factor the benefits of MIAX
Options equity participation into the determination. The Exchange notes
that other exchanges have engaged in the practice of incentivizing
increased order flow in order to attract liquidity providers through
equity sharing arrangements.\17\ In addition, the Exchange previously
adopted substantially similar programs to incentivize increased order
flow in order to attract liquidity providers through an equity sharing
arrangement.\18\
---------------------------------------------------------------------------

    \17\ See supra note 11.
    \18\ See supra note 12.
---------------------------------------------------------------------------

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act,\19\ and Rule 19b-4(f)(2) \20\ thereunder.
At any time within 60 days of the filing of the proposed rule change,
the Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act. If the Commission takes such
action, the Commission shall institute proceedings to determine whether
the proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \20\ 17 CFR 240.19b-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 email to<EMAIL_ADDRESS>Please include
File Number SR-MIAX-2017-28 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-MIAX-2017-28. 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-MIAX-2017-28 and
should be submitted on or before July 7, 2017.
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-12484 Filed 6-15-17; 8:45 am]
 BILLING CODE 8011-01-P


Notes from 11/1/06 meeting (sign in sheet and agenda attached)

Buffer zones

Millers, applicators and registrants presented the following points:

buffer zones are not needed and will result in unnecessary burden to
industry if required

air monitoring during fumigation events are sufficient to ensure
bystanders are not at risk

current air monitoring data does not warrant use of buffer zones

additional monitoring could be done to further demonstrate that
bystander risk is not a concern

the buffer zones distanced proposed by the Agency are theoretical and do
not correlate with real word conditions

PERFUM and ISC  is designed for soil uses and is not applicable to
fumigations done in structures

PERFUM has not been adequately validated by comparing it to field air
monitoring data

the lack of incident reported does not support the use of buffer zones

There have decades of safe MeBr Fumigant Commodity use without adverse
incidents reported and therefore buffer zones are not needed

EPA representatives made the following points/responses:

Available air monitoring and modeling was used to determine risks at
varying distances from commodity fumigations

The Agency's SAP determined that the PERFUM model was appropriate for
making regulatory decisions regarding buffer zones for fumigants

The PERFUM model was modified to use with commodity and other non-field
use patterns

The Agency believes that buffer zone distances (based on PERFUM with
ISC) are sufficiently accurate and appropriate for making regulatory
decisions

The Agency is developing guidance on how site-specific monitoring can be
used to determine buffer zones and plans to ask for input from major
stakeholders after a draft is completed

The Agency clarified that the applicators and registrants proposal to
develop a protocol and air monitoring study was not to establish buffer
zones but rather to show that buffer zones are not needed and that the
estimates based on modeling are overly conservative

As mentioned in a conference call with millers and previous meeting with
applicators and other stakeholders, the Agency does not regulate on
incidents alone.   Incidents will likely not indicate whether or not
people have experienced developmental effects for which the MeBr
toxicity endpoint is based. Odor threshold properties of MeBr are not
sufficient to alert a bystander to exposure.  Bystander exposure may be
occurring but not reported.  MeBr TRED/TRED does indicate that incidents
related to MeBr Commodity Fumigations have been reduced since the
adoption of permit conditions that include buffer zones.

Notification

Millers, applicators and registrants presented the following points:

notifying people is extremely time consuming

TRED/RED does not state who needs to be notified?  Is the fumigator’s
responsibility to notify managers of the business?  Does every employee
or occupant need to be notified by the fumigator?

What would people do with notification info?

Its is standard procedure for fumigators to notify emergency responders
(i.e. police, fire dept, hospitals)

In some cases communication with nearby business occurs so that
fumigation can be conducted during periods when workers are not present
but this not a formal process

Requiring notification of emergency responders is reasonable but is not
something that should be required for public or nearby
residents/businesses.

in 1 county  in California, any businesses inside buffer zone must
respond in writing that they will vacate during fumigation

EPA representatives made the following points/responses:

Notification informs potential bystanders the specification location,
time, and duration of the buffer zones and instructs them not to enter
during those times.  Since buffer zones may not be marked or secured
they will need to know this information in order to ensure their
exposures do not exceed the Agency’s LOC

Notification informs potential bystanders the health effects and
symptoms of MeBr exposure and what steps to take in the event of an
incident

The Agency could consider modifying proposed notification requirements
if the buffer zone is contained within the facility property and the
property is enclosed by physical barrier (i.e. wall or fence)

Labeling

Millers, applicators and registrants presented the following points:

TRED/RED does not state who is responsible for removing labeling and
when it would be allowed

The rationale for requiring labeling is not clear

Labeling is not needed and may result in unreasonable alarm for
secondary workers and consumers

EPA representatives made the following points/responses:

Labeling requirements were based on concern that fumigated items and
packaging may continue to off-gas after aeration is completed and that
persons handling those items may not be aware that they are being
exposed to MeBr

The Agency acknowledges that clarification on label must be provided to
answer questions asked

There is not adequate data to fully characterize which commodities
slowly off gas MeBr after aeration to 5 ppm has been achieved

Commodities such has timber and shelled nuts reportedly slowly off-gas
MeBr

Cardboard, wood, and other packaging materials may also continue to
slowly off-gas MeBr even though the commodity treated may not be issue
in terms of MeBr emitted after aeration.

The Agency could consider requiring labeling only for commodities that
are known to slowly off-gas provided data could be provided

The Agency could consider requiring fumigators to provide written
notification with shipment manifest instead of labeling of treated
containers

The Agency  could also consider other measures that would allow persons
receiving treated items information that would help know potential risks

There is also a concern for exposure to US workers that come into
contact with items fumigated outside the US

USDA recommended that the EPA consider the impacts of these requirements
on exports

Public Access to Recordkeeping

Millers, applicators and registrants presented the following points:

TRED/RED requirements to provide FMP to public may result in homeland
security concerns if information on facility layout is provided

There is a concern about providing FMP to industry competitors

Providing fumigation records does not add any safety or reduce the risk
for bystanders

EPA representatives made the following points/responses:

Potential conflicts with Homeland security will be addressed by the
Agency

CBI and facility layout information does not need to be provided to
public

The intent of this requirement is providing bystanders with information
that would needed to know the location and timing of buffer zones and
actions to take in the event of an incident. Since fumigators are
required to maintain FMPs and monitoring records they could provide
these items to convey the information.

The Agency could consider requiring a subset of the information from the
FMP and records to be provoded to potential bystanders.

EPA asked for info that would be acceptable to release

Enforcement

Millers, applicators and registrants stated the concern that State
enforcement staff without as much expertise as California may “go too
far” in enforcement or incorrectly enforce mitigation measures

Next Steps

Before getting into the details of the modeling and air monitoring
protocols,  EPA scientists and Industry scientists (from Millers,
applicators and registrants) will meet to address questions about (1)
apparent absence of incidents in this sector, and (2) if fence line
monitoring fails to show a concern why EPA believes there could be a
concern farther away. After these issues are discussed the scientists
from both groups can discuss why EPA believes modeling is more useful
than monitoring for predicting bystander exposure and risk.

The Agency will consider and respond to all comments received (comment
period closes 11/24/06).


[Federal Register Volume 79, Number 236 (Tuesday, December 9, 2014)]
[Notices]
[Pages 73132-73133]
[FR Doc No: 2014-28822]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Disposal of Aeronautical Property at
Concord Regional Airport, Concord, NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Request for Public Comment.

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SUMMARY: The Federal Aviation Administration is requesting public
comment on a request by the City of Concord, North Carolina, owner of
the Concord Regional Airport, to release for disposal a portion of
airport property at the Concord Regional Airport. The request consists
of approximately 2.455 acres for a new Right-Of-Way for the Poplar Tent
Road, .59 acres of temporary construction easements and .088 acres of
permanent utility easements. This release will be retroactive for a
project that improved Poplar Tent Road by the North Carolina Department
of Transportation (NCDOT) initiated on March 12, 2012. This action is
taken under the provisions of Section 125 of the Wendell H. Ford
Aviation Investment Reform Act for the 21st Century (AIR 21).

DATES: Comments must be received on or before January 8, 2015.

ADDRESSES: Documents are available for review at the Concord Regional
Airport, 9000 Aviation Blvd., Concord, NC 28027; and the FAA Memphis
Airports District Office, 2600 Thousand Oaks Boulevard, Suite 2250,
Memphis, TN 38118-2482. Written comments on the Sponsor's request must
be delivered or mailed to: Mr. Phillip J. Braden, Manager, Memphis
Airports District Office, 2600 Thousand Oaks Boulevard, Suite 2250,
Memphis, TN 38118-2482.
    In addition, a copy of any comments submitted to the FAA must be
mailed or delivered to Mr. Rick Cloutier, Aviation Director, Concord
Regional Airport Authority, 9000 Aviation Blvd., Concord, NC 28027.

FOR FURTHER INFORMATION CONTACT: Mr. Michael L. Thompson, Program
Manager, Federal Aviation Administration, Memphis Airports District
Office, 2600 Thousand Oaks Boulevard, Suite 2250, Memphis, TN 38118-
2482. The application may be reviewed in person at this same location,
by appointment.

SUPPLEMENTARY INFORMATION: The FAA proposes to rule and invites public
comment on the request to release property for disposal at Concord
Regional Airport, Concord, NC 28027 under the provisions of AIR 21 (49
U.S.C. 47107(h)(2)).
    On November 20, 2014, the FAA determined that the request to
release property for non-aeronautical purposes at Concord Regional
Airport meets the procedural requirements of the Federal Aviation
Administration. The FAA may approve the request, in whole or in part,
no later than January 8, 2015.
    The following is a brief overview of the request:
    The Concord Regional Airport is proposing the release of
approximately 2.455 acres for new Right-Of-Way for the Poplar Tent
Road, .59 acres of temporary construction easements and .088 acres of
permanent utility easements, to allow improvements to Poplar Tent Road
by the NCDOT. This property is located along the existing airport
northern property line extending approximately 335 feet along the
Poplar Tent Road.
    Any person may inspect, by appointment, the request in person at
the FAA office listed above under FOR FURTHER INFORMATION CONTACT.

    Issued in Memphis, TN, on December 3, 2014.
Phillip Braden,
Manager, Memphis Airports District Office.
[FR Doc. 2014-28822 Filed 12-8-14; 8:45 am]
BILLING CODE 4910-13-P