[Federal Register: July 18, 2008 (Volume 73, Number 139)]
[Notices]
[Page 41386-41388]
[DOCID:fr18jy08-123]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58153; File No. SR-CBOE-2008-67]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Delete References to Hybrid 2.0 Platform and Hybrid 2.0
Option Classes

July 14, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on July 9, 2008, the Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I and II below, which Items have been prepared by the
Exchange. The Exchange filed the proposal as a ``non-controversial''
proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act
\3\ and Rule 19b-4(f)(6) thereunder.\4\ The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its rules to delete references to
Hybrid 2.0 option classes and the Hybrid 2.0 Platform. The text of the
proposed rule change is available at the Exchange, the Commission's
Public Reference Room, and http://www.cboe.org/Legal.

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

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

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

1. Purpose
    CBOE proposes to amend its rules to delete references to Hybrid 2.0
option classes and the Hybrid 2.0 Platform. Initially, when CBOE
implemented its Hybrid Trading System in 2003, it permitted Market-
Makers to stream electronic quotes in their appointed classes provided
they were physically present at the trading station. CBOE subsequently
implemented an enhanced version of Hybrid called the Hybrid 2.0
Platform which allowed remote quoting in option classes, i.e., Hybrid
2.0 option classes. (See Rule 1.1(aaa).) Over time, CBOE migrated
nearly all of its option classes to the Hybrid 2.0 Platform and
permitted Market-Makers and formerly Remote Market-Makers \5\ to quote
remotely.\6\
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    \5\ CBOE recently deleted reference to Remote Market-Makers in
its rules. All Remote Market-Makers are now called Market-Makers.
See Securities Exchange Act Release No. 57615 (April 3, 2008), 73 FR
19537 (April 10, 2008) (SR-CBOE-2007-120).
    \6\ Presently, only three option classes are not traded on the
Hybrid 2.0 Platform--MVR, OEX, and SPX. These three option classes
are traded on the Hybrid 3.0 Platform, which is an electronic
trading platform on the Hybrid Trading System that allows a single
quoter to submit an electronic quote which represents the aggregate
Market-Maker quoting interest in a series for the trading crowd.
(See Rule 1.1(aaa).) CBOE is not deleting reference to the Hybrid
3.0 Platform in this rule filing.

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    In light of these changes, CBOE no longer believes it is necessary
to distinguish in its rules between Hybrid option classes and Hybrid
2.0 option classes. Accordingly, CBOE proposes to delete the references
in its rules to the Hybrid 2.0 Platform and Hybrid 2.0 option classes.
Going forward, all option classes, except for the three traded on the
Hybrid 3.0 Platform, would be referred to as Hybrid classes and traded
on the Hybrid Trading System. CBOE also proposes to delete reference to
``non-Hybrid'' classes, since there are not any of these classes.
Finally, CBOE proposes to make other technical changes to its rules
necessitated by the deletion of Hybrid 2.0 option classes and the
Hybrid 2.0 Platform, such as deleting duplicative material.
    CBOE believes that the foregoing changes to the rules are simply
administrative in nature and are not substantive.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations under the Act applicable to a
national securities exchange and, in particular, the requirements of
Section 6(b) of the Act. Specifically, the Exchange believes the
proposed rule change is consistent with the Section 6(b)(5) Act \7\
requirements that the rules of an exchange be designed to promote just
and equitable principles of trade, to prevent fraudulent and
manipulative acts and, in general, to protect investors and the public
interest. Deleting the references to Hybrid 2.0 option classes and the
Hybrid 2.0 Platform also will eliminate any confusion regarding the
trading platforms on which certain option classes trade.
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    \7\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    The Exchange neither solicited nor received comments on the
proposal.

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

    Because the proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days after the date of filing, or such shorter time as the Commission
may designate if consistent with the protection of investors and the
public interest, the proposed rule change has become effective pursuant
to Section 19(b)(3)(A) of the Act \8\ and subparagraph (f)(6) of Rule
19b-4 thereunder.\9\ As required under Rule 19b-4(f)(6)(iii),\10\ CBOE
provided the Commission with written notice of its intent to file the
proposed rule change, along with a brief description and text of the
proposed rule change, at least 5 days prior to the filing of the
proposed rule change.
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 17 CFR 240.19b-4(f)(6)(iii).
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    A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to the 30th day after the date of
filing.\11\ However, Rule 19b-4(f)(6)(iii) \12\ permits the Commission
to designate a shorter time if such action is consistent with the
protection of investors and the public interest. CBOE requested that
the Commission waive the 30-day operative delay and make the proposed
rule change operative upon filing because deleting the references to
Hybrid 2.0 option classes and the Hybrid 2.0 Platform is administrative
in nature and does not substantively change CBOE's rules. Additionally,
by making these changes, CBOE believes it will eliminate confusion as
to the whether an option class is traded on the Hybrid Trading System
or Hybrid 2.0 Platform. For these reasons, the Commission believes that
waiving the 30-day operative delay is consistent with the protection of
investors and the public interest. Accordingly, the Commission
designates the proposed rule change operative upon filing with the
Commission.\13\
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    \11\ See id.
    \12\ Id.
    \13\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate the rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2008-67 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-CBOE-2008-67. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the 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-CBOE-2008-67 and should be
submitted on or before August 8, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-16460 Filed 7-17-08; 8:45 am]

BILLING CODE 8010-01-P


              OFFICE OF CHEMICAL SAFETY
AND POLLUTION PREVENTION
                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                            WASHINGTON, D.C.  20460

                                                                PC Code: 128847
                                                             Decision #: 447590
                                                             DP Barcode: 395784

                                                        Date: December 20, 2011

                                                                    MEMORANDUM

SUBJECT:	Revised drinking water exposure assessment to establish a tolerance of parent difenoconazole and its major CGA-205375 (M1) metabolite on fruiting vegetables group 8-10, low growing berry subgroup, 13-07G except cranberry, citrus fruit group 10-10, pome fruit group, (subgroup 11), and tuberous and corm vegetable (subgroup 1C).

TO:	Sidney Jackson, Risk Manager Reviewer
               Barbara Madden, Risk Manager
	Registration Division (7505P)

FROM:	Faruque Khan, Ph.D., Senior Fate Scientist
	Environmental Risk Branch I
	Environmental Fate and Effects Division (7507P)

APPROVED
 BY:	Nancy Andrews, Ph.D., Branch Chief,
	Sujatha Sankula, Ph.D. Lead Biologist
               Environmental Risk Branch I
	Environmental Fate and Effects Division (7507P)

      This memorandum provides a revised drinking water assessment based on recent recommendation from the Health Effects Division's Residues of Concern Knowledgebase Sub-committee (ROCKS). The ROCKS recommended to include parent difenoconazole and its major CGA-205375 (M1) metabolite for drinking water assessment to establish tolerances for difenoconazole in support of human health risk assessment (US EPA, 2011, D391350). This revised drinking water assessment was performed using total residue method (i.e. parent plus CGA 205375) on the requested crops, fruiting vegetables group 8-10, low growing berry subgroup (13-07G) except cranberry, citrus fruit group (10-10), pome fruit group (subgroup 11) and tuberous and corm vegetable (subgroup 1C).

      Difenoconazole can be applied as a foliar spray through ground or aerial application on various crops according to the Inspire[(TM)] (EPA Reg. No. 100-1262) label. Table 1 below provides information of previous actions related to drinking water assessments. Revised drinking water assessment was performed only for the scenarios with highest EDWCs for crops listed in Table 1. Table 2 provides information related to modeled scenarios for this assessment. The modeling approach for surface water and ground water are consistent with the earlier approach except the half-life values for biotic degradation in the environment. The percent of CGA-205375 formation during biotic metabolism in soil and aquatic environments was included into half-life calculations (Appendix A) and used in the revised modeling. Since abiotic (i.e. hydrolysis and aquatic photolysis) degradation of difenoconazole is stable, no further half-life estimation is required. The EDWCs are also based on the maximum proposed application rates ranging from 0.33 to 0.5 lbs/A for aerial application specified in the product label.
      The EDWCs for the human health risk assessment are presented in Table 2. For surface water, the EDWCs for the crops modeled in this assessment did not exceed the EDWCs for grape reported in the previous drinking water assessment (U.S. EPA 2009a; D361398). The Estimated Drinking Water Concentrations (EDWCs) for grape scenario provided the highest exposure in surface water (U.S. EPA 2009; D361398). The reported values for acute, annual mean (chronic) concentration and the highest 30 year annual average concentrations were 15.8 ug/L, 10.4 ug/L, and 7.62 ug/L respectively. Therefore, the current EDWCs for surface water do not supersede the drinking water concentrations previously estimated for this chemical.
      Estimated ground water concentration of 1.30x 10[-2] ug/L for citrus is higher than the previously recommended concentration of 1.28x 10[-2] ug/L for ornamentals (US EPA, 2007; D333319). Therefore, recommended EDWCs for ground water is 1.30x 10[-2] ug/L and this concentration can be considered as both the acute and chronic values.

Table 1. List of previous actions for drinking water assessment
DP Barcodes
                                     Date
                              Title of Assessment
333319 and
340041
June 19, 2007
Amended Difenoconazole (Parent Only) Drinking Water Assessment in Support of New Use Registration Action for Fruiting Vegetables[1], Tuberous, Corn[1], Vegetables Subgroup, Pome Fruit, Ornamentals, and Sugar beets.
361398

May 28, 2009
Difenoconazole (Parent Only) Drinking Water Assessment in
Support of New Use Registration Action for Bulb Vegetables,
Brassica (Cole) Leafy Vegetables, Cucurbit Vegetables, Citrus
Fruit[1], Grapes, and Tree Nuts.
375778 and 380513
                                                                Dec 16, 2010

Drinking Water Exposure Assessment to Establish a Tolerance of
parent difenoconazole on carrot, chickpeas, soybean, stone fruits,
and strawberry[1].
1 Scenarios with higher EDWCs were modeled in this revised assessment

Table 2. Estimated Drinking Water Concentrations (EDWCs) in Surface Water and Ground Water Resulting from Applications of Difenoconazole
Drinking Water Source (model)
                                      Use
                                   Scenario
                                (modeled rate)
                          1-in-10 year acute (ug/L)
                         1-in-10 year chronic (ug/L)
                           30- year average (ug/L)
Surface Water[1] (PRZM/EXAMS)
Fruiting Vegetables:
PA Tomato STD
FL Pepper STD
(0.46 lbs ai/acre)

                                     10.31
                                     8.36

                                     6.02
                                     2.85

                                     4.52
                                     2.19

Citrus:
FL Citrus STD
(0.5lbs ai/acre)

                                     8.01

                                     3.30

                                     2.63

Low growing berry
FL Strawberry STD
 (0.46 lbs ai/acre)

                                     9.89

                                     3.56

                                     2.97

Pome Fruits:
PA Apple STD
(0.33 lbs ai/acre)

                                     7.08

                                     3.99

                                     3.01

Tuberous and corm vegetables
ME Potato STD
 (0.46lbs ai/acre)

                                     10.25

      6.62

                                     5.38
Groundwater
(SCI-GROW)
 For Citrus  crops
(4 app. X 0.125 lbs ai/acre)

                                 1.30 x 10[-2]

                                 1.30 x 10[-2]

                                 1.30x 10[-2]
Bold text denotes maximum estimated EDWC values for this assessment.  All values were adjusted with PCA factor of 0.87.

The modeling results of various scenarios for EDWCs are listed in Appendix B. Standard percent cropped areas (PCA) were used for all uses as estimates of the extent of watershed on which crops is grown (Effland et al., 1999).  The default agricultural PCA of 0.87 was used for the proposed uses because they are not confined to specific regions of the U.S.  Since there is no modification of input parameters for PRZM/EXAMS and SCI-GROW models except biotic degradation half-life parameters, detailed description of models can be obtained from the previous assessment for grapes (U.S.EPA, 2009a, D361398). Inputs for PRZM/EXAMS in Table B-1 and for SCIGROW in Table B-2 as well as examples output of PRZM/EXAMS and SCIGROW models were provided in the Appendix B. Tables B-3 provides pre-PCA and post-PCA adjusted EDWCs for difenoconazole.

Monitoring Data

      Difenconazole is not included as one of the analytes monitored in U.S. surface and groundwater under the USGS's National Water Quality Assessment (NAWQA) program.
 Drinking Water Exposure Modeling

      Estimated drinking water concentrations (EDWCs) were generated using EFED's standard suite of models.  The proposed uses from the provided label were assessed.

Models

	Pesticide Root Zone Model (PRZM v3.12.2, May 12, 2005) and Exposure Analysis Modeling System (EXAMS v<IP_ADDRESS>, April 25, 2005) are simulation models coupled with the input PE5.pl shell (PE5, PE Version 5.0, November 15, 2006) to generate EDWCs of difenoconazole residues that may occur in surface water used as drinking water.  The PRZM model simulates pesticide movement and transformation on and across the agricultural field resulting from crop applications.  The EXAMS model simulates pesticide loading via runoff, erosion, and spray drift assuming a standard watershed of 172.8 ha that drains into an adjacent standard drinking water index reservoir of 5.26 ha, an average depth of 2.74 m.  A more detailed description of the index reservoir watershed can be found in Jones et al., 1998.  The coupled PRZM/EXAMS model and users manuals may be downloaded from the U.S. Environmental Protection Agency (EPA) Water Models web-page (U.S. EPA, 2010).  Percent Crop Areas (PCA) that account for the maximum area within a watershed that may be planted with the modeled crop are applied to concentrations predicted by PRZM/EXAMS.

	Screening Concentration in Ground Water (SCI-GROW v2.3, Jul. 29, 2003) is a regression model used as a screening tool to estimate pesticide concentrations found in ground water used as drinking water.  SCI-GROW was developed by fitting a linear model to ground water concentrations with the Relative Index of Leaching Potential (RILP) as the independent variable.  Ground water concentrations were taken from 90-day average high concentrations from Prospective Ground Water studies.  The RILP is a function of aerobic soil metabolism and the soil-water partition coefficient.  The output of SCI-GROW represents the concentrations of residues that might be expected in shallow unconfined aquifers under sandy soils, which is representative of the ground water most vulnerable to pesticide contamination and likely to serve as a drinking water source.  The SCI-GROW user's manual is currently under development; however, information concerning the model can be found on the EPA Water Models web-page (USEPA, 2010).

References

Effland, W. R., N. C. Thurman, I. Kennedy.  1999.  Proposed Methods for Determining Watershed-derived Percent Crop Areas and Considerations for Applying Crop Area Adjustments to Surface Water Screening Models.  Presentation to the FIFRA Science Advisory Panel, May 27, 1999.  Online at: http://www.epa.gov/scipoly/sap/1999/index.htm

Jones, R. D., S. Abel, W. R. Effland, R. Matzner, R. Parker.  1998.  An Index Reservoir for Use in Assessing Drinking Water Exposure.  Proposed Methods for Basin-scale Estimation of Pesticide Concentrations in Flowing Water and Reservoirs for Tolerance Reassessment.  Presentation to FIFRA Science Advisory Panel, June 29-30, 1998.  Online at: http://www.epa.gov/scipoly/sap/1998/index.htm

USEPA.  2007.  Amended Difenoconazole (Parent Only) Drinking Water Assessment in Support of New Use Registration Action for Fruiting Vegetables, Tuberous, Corn, Vegetables Subgroup, Pome Fruit, Ornamentals, and Sugar beets. U.S. Environmental Protection Agency, Office of Pesticide Programs, Environmental Fate and Effects Division, DWA Memorandum, June 19, 2007. (D333319 and D340041)

US EPA, 2009a.  Difenoconazole (Parent Only) Drinking Water Assessment in Support of New Use Registration Action for Bulb Vegetables, Brassica (Cole) Leafy Vegetables, Cucurbit Vegetables, Citrus Fruit, Grapes, and Tree Nuts.  May 28, 2009. (D361398)

USEPA.  2009b. Guidance for Selecting Input Parameters in Modeling the Environmental Fate and Transport of Pesticides, Version 2.1.  U.S. Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, Office of Pesticide Programs, Environmental Fate and Effects Division, October 22, 2009.

USEPA.  2010.  Water Models.  U.S. Environmental Protection Agency, Pesticides: Science and Policy.  Online at: http://www.epa.gov/oppefed1/models/water/

US EPA, 2011. Difenoconazole:  Report of the Residues of Concern Knowledgebase Sub-committee (ROCKS). DP Code: D391350.

                                  APPENDIX A

                     Total Residue Half-life Calculation
Aerobic Soil Metabolism

Table B-1. Estimated half-lives in aerobic soil
MRID #
                               Half-life (days)
46950109
                                     126.0
46950110
                                     113.6
46950111
                                     216.6
46950111
                                     247.6
46950111
                                     223.6
46950112-46950113
                                     693.1
46950114-46950115
                                     770.2
Half-life (90[th] Percentile): 489.6

Aerobic Aquatic Metabolism (Total System)

Table B-2. Estimated half-lives in aerobic aquatic system
MRID #
                               Half-life (days)
46950116
                                     495.1
46950116
                                     407.7
46950117 and 46950118
                                     630.1
Half-life (90[th] Percentile): 632.9

Anaerobic Aquatic Metabolism

                                  APPENDIX B

The input parameters used for PRZM/EXAMS modeling.

Table B-1.  PRZM/EXAMS Chemical Specific Input Parameters for Difenoconazole
Parameter
Input Value and Unit
Source/Comments
Maximum application rate
Fruiting vegetable: 0.46 lbs ai/A
Citurs: 0.5 lbs ai/A
Low growing berry: 0.46 lbs ai/A
Pome fruit: 0.33 ai/A
Tuberous & crom vegetable: 0.46 lbs
Product Inspire[TM]
(EPA Reg. No. 100-1262)
Maximum number of applications
4 (except Pome fruit)
5 pome fruit
Product Label as above
Method of application (CAM = 2)
Foliar spray -Aerial
Product Label as above
Minimum interval between applications
7 days
Product Label as above
Application efficiency
0.95 (aerial Application)
EFED Model Input Guidance, Version 2.1 (2009b) a
Spray drift
0.16 (Aerial Application)
EFED Model Input Guidance, Version 2.1 (2009b)
Partition coefficient Koc[b]
5381 mL/g
MRIDs: 42245135 and 46950121
Application date
PA Tomato: June 30
FL Pepper: November 15
FL Strawberry:  February 15
FL Citrus: June 08
PA Apple: June 30
ME Potato: June 20
Application dates were assumed 7-14 days before harvest based on crop profile and label instructions:
Henry's Law constant
8.9 x 10-12  atm x m[3]/mol
MRID 46515901
Hydrolysis
Stable
MRID 42245127
Aerobic soil metabolism (t1/2)[c]
489.6 days
MRIDs.: 46950109-12 and 46950114
Aerobic aquatic metabolism (t1/2) d
632.9 days
MRIDs.: 46950116 & 46950117
Anaerobic aquatic metabolism (t1/2) [e]
1485.3 days
MRID 46950119
Aquatic photolysis t1/2 (days) f
Stable
MRID 46950105
Vapor pressure
2.5 x 10-10 mm Hg (25 [o]C)
MRID 46515901
Solubility in water
15 mg/L (25 [o]C)
MRID 46515901
Molecular Weight
406.27
MRID 46950104
Percent cropped area
0.87
U.S. EPA 2003
[a] Guidance for Selecting Input Parameters in Modeling the Environmental Fate and Transport of Pesticides (Version 2.1; Oct. 22, 2009b)
[b] There was a positive correlation between the KF values vs. organic matter content; therefore, the average Koc was used as an parameter.
[c] The 90% of the UCL of the mean metabolism half-life.
[d] The 90% of the UCL of the mean metabolism half-life of all available half-lives but those obtained for high test rate.
[e] At proposed application rate only one half-life was available, the half-life was multiplied by three (i.e., 3 x 495.1 days).
[f] The maximum value available.

An example (PA Tomato STD) input and output of  PRZM/EXAMS modeling.

stored as PATomato.out

Chemical: Difenoconazole

PRZM environment: PAtomatoSTD.txt
modified Tueday, 29 May 2007 at 13:01:58

EXAMS environment: ir298.exv
modified Tueday, 26 August 2008 at 05:14:08

Metfile: w14751.dvf
modified Tueday, 26 August 2008 at 05:15:00

Water segment concentrations (ppb)

                                     Year
                                     Peak
                                     96 hr
                                    21 Day
                                    60 Day
                                    90 Day
                                    Yearly

                                     1961
                                     4.28
                                     3.90
                                     3.16
                                     2.66
                                     2.37
                                     0.98

                                     1962
                                     4.35
                                     4.13
                                     3.51
                                     3.30
                                     3.23
                                     2.33

                                     1963
                                     5.04
                                     4.81
                                     4.28
                                     3.99
                                     3.64
                                     3.03

                                     1964
                                     5.45
                                     5.21
                                     4.87
                                     4.30
                                     4.18
                                     3.73

                                     1965
                                     5.24
                                     5.06
                                     4.75
                                     4.56
                                     4.37
                                     3.93

                                     1966
                                     10.76
                                     10.05
                                     8.10
                                     6.42
                                     6.02
                                     4.44

                                     1967
                                     8.90
                                     8.54
                                     7.57
                                     6.57
                                     6.21
                                     5.30

                                     1968
                                     10.27
                                     9.70
                                     8.09
                                     6.73
                                     6.42
                                     5.35

                                     1969
                                     16.70
                                     15.53
                                     13.14
                                     9.85
                                     8.89
                                     6.31

                                     1970
                                     8.30
                                     8.08
                                     7.78
                                     7.34
                                     6.99
                                     6.49

                                     1971
                                     11.91
                                     11.24
                                     9.44
                                     8.18
                                     7.62
                                     6.40

                                     1972
                                     10.28
                                     9.76
                                     8.80
                                     7.81
                                     7.45
                                     6.66

                                     1973
                                     11.34
                                     10.77
                                     9.19
                                     7.88
                                     7.50
                                     6.67

                                     1974
                                     9.85
                                     9.55
                                     8.70
                                     8.24
                                     7.89
                                     6.94

                                     1975
                                     16.48
                                     15.38
                                     12.43
                                     9.83
                                     9.04
                                     7.05

                                     1976
                                     10.46
                                     10.05
                                     9.10
                                     8.11
                                     7.83
                                     7.22

                                     1977
                                     7.58
                                     7.39
                                     7.08
                                     6.86
                                     6.81
                                     6.43

                                     1978
                                     7.40
                                     7.18
                                     6.99
                                     6.45
                                     6.18
                                     5.76

                                     1979
                                     7.57
                                     7.32
                                     6.83
                                     6.38
                                     6.11
                                     5.69

                                     1980
                                     7.24
                                     6.95
                                     6.18
                                     5.92
                                     5.47
                                     5.11

                                     1981
                                     7.57
                                     7.25
                                     6.77
                                     6.07
                                     5.77
                                     5.25

                                     1982
                                     6.27
                                     6.10
                                     5.91
                                     5.54
                                     5.44
                                     4.93

                                     1983
                                     7.18
                                     6.90
                                     6.21
                                     5.49
                                     5.22
                                     4.77

                                     1984
                                     6.34
                                     6.14
                                     5.87
                                     5.36
                                     5.17
                                     4.89

                                     1985
                                     6.16
                                     5.93
                                     5.30
                                     4.90
                                     4.88
                                     4.53

                                     1986
                                     8.58
                                     8.17
                                     7.09
                                     6.29
                                     5.87
                                     4.89

                                     1987
                                     8.12
                                     7.78
                                     7.01
                                     6.14
                                     6.00
                                     5.10

                                     1988
                                     8.28
                                     7.89
                                     6.82
                                     5.92
                                     5.64
                                     5.10

                                     1989
                                     7.56
                                     7.27
                                     6.78
                                     6.29
                                     6.04
                                     5.24

                                     1990
                                     7.75
                                     7.46
                                     6.63
                                     6.22
                                     6.02
                                     5.49

Sorted results

                                     Prob.
                                     Peak
                                     96 hr
                                    21 Day
                                    60 Day
                                    90 Day
                                    Yearly

                                     0.03
                                     16.70
                                     15.53
                                     13.14
                                     9.85
                                     9.04
                                     7.22

                                     0.06
                                     16.48
                                     15.38
                                     12.43
                                     9.83
                                     8.89
                                     7.05

                                     0.10
                                     11.91
                                     11.24
                                     9.44
                                     8.24
                                     7.89
                                     6.94

                                     0.13
                                     11.34
                                     10.77
                                     9.19
                                     8.18
                                     7.83
                                     6.67

                                     0.16
                                     10.76
                                     10.05
                                     9.10
                                     8.11
                                     7.62
                                     6.66

                                     0.19
                                     10.46
                                     10.05
                                     8.80
                                     7.88
                                     7.50
                                     6.49

                                     0.23
                                     10.28
                                     9.76
                                     8.70
                                     7.81
                                     7.45
                                     6.43

                                     0.26
                                     10.27
                                     9.70
                                     8.10
                                     7.34
                                     6.99
                                     6.40

                                     0.29
                                     9.85
                                     9.55
                                     8.09
                                     6.86
                                     6.81
                                     6.31

                                     0.32
                                     8.90
                                     8.54
                                     7.78
                                     6.73
                                     6.42
                                     5.76

                                     0.35
                                     8.58
                                     8.17
                                     7.57
                                     6.57
                                     6.21
                                     5.69

                                     0.39
                                     8.30
                                     8.08
                                     7.09
                                     6.45
                                     6.18
                                     5.49

                                     0.42
                                     8.28
                                     7.89
                                     7.08
                                     6.42
                                     6.11
                                     5.35

                                     0.45
                                     8.12
                                     7.78
                                     7.01
                                     6.38
                                     6.04
                                     5.30

                                     0.48
                                     7.75
                                     7.46
                                     6.99
                                     6.29
                                     6.02
                                     5.25

                                     0.52
                                     7.58
                                     7.39
                                     6.83
                                     6.29
                                     6.02
                                     5.24

                                     0.55
                                     7.57
                                     7.32
                                     6.82
                                     6.22
                                     6.00
                                     5.11

                                     0.58
                                     7.57
                                     7.27
                                     6.78
                                     6.14
                                     5.87
                                     5.10

                                     0.61
                                     7.56
                                     7.25
                                     6.77
                                     6.07
                                     5.77
                                     5.10

                                     0.65
                                     7.40
                                     7.18
                                     6.63
                                     5.92
                                     5.64
                                     4.93

                                     0.68
                                     7.24
                                     6.95
                                     6.21
                                     5.92
                                     5.47
                                     4.89

                                     0.71
                                     7.18
                                     6.90
                                     6.18
                                     5.54
                                     5.44
                                     4.89

                                     0.74
                                     6.34
                                     6.14
                                     5.91
                                     5.49
                                     5.22
                                     4.77

                                     0.77
                                     6.27
                                     6.10
                                     5.87
                                     5.36
                                     5.17
                                     4.53

                                     0.81
                                     6.16
                                     5.93
                                     5.30
                                     4.90
                                     4.88
                                     4.44

                                     0.84
                                     5.45
                                     5.21
                                     4.87
                                     4.56
                                     4.37
                                     3.93

                                     0.87
                                     5.24
                                     5.06
                                     4.75
                                     4.30
                                     4.18
                                     3.73

                                     0.90
                                     5.04
                                     4.81
                                     4.28
                                     3.99
                                     3.64
                                     3.03

                                     0.94
                                     4.35
                                     4.13
                                     3.51
                                     3.30
                                     3.23
                                     2.33

                                     0.97
                                     4.28
                                     3.90
                                     3.16
                                     2.66
                                     2.37
                                     0.98

                                     0.10
                                     11.85
                                     11.19
                                     9.41
                                     8.23
                                     7.89
                                     6.91

Average of yearly averages:
                                     5.20

Inputs generated by pe5.pl - Novemeber 2006

Data used for this run:

Output File: PATomato

Metfile:
w14751.dvf

PRZM scenario:
PAtomatoSTD.txt

EXAMS environment file:
ir298.exv

Chemical Name:
Difenoconazole

Description
Variable Name
Value
Units
Comments

Molecular weight
mwt
                                                                         406.27
g/mol

Henry's Law Const.
henry
                                                                       8.90E-12
atm-m^3/mol

Vapor Pressure
vapr
                                                                       2.50E-10
torr

Solubility
sol
                                                                             15
mg/L

Kd
Kd

mg/L

Koc
Koc
                                                                           5381
mg/L

Photolysis half-life
kdp
                                                                              0
days
Half-life

Aerobic Aquatic Metabolism
kbacw
                                                                          632.9
days
Halfife

Anaerobic Aquatic Metabolism
kbacs
                                                                         1485.3
days
Halfife

Aerobic Soil Metabolism
asm
                                                                          489.6
days
Halfife

Hydrolysis:
pH 7
                                                                              0
days
Half-life

Method:
CAM
                                                                              2
integer
See PRZM manual

Incorporation Depth:
DEPI

cm

Application Rate:
TAPP
                                                                          0.128
kg/ha

Application Efficiency:
APPEFF
                                                                           0.95
fraction

Spray Drift
DRFT
                                                                           0.16
fraction of application rate applied to pond

Application Date
Date
30-06
dd/mm or dd/mmm or dd-mm or dd-mmm

Interval 1
interval
                                                                              7
days
Set to 0 or delete line for single app.
app. rate 1
apprate

kg/ha

Interval 2
interval
                                                                              7
days
Set to 0 or delete line for single app.
app. rate 2
apprate

kg/ha

Interval 3
interval
                                                                              7
days
Set to 0 or delete line for single app.
app. rate 3
apprate

kg/ha

Record 17:
FILTRA

IPSCND
                                                                              1

UPTKF

Record 18:
PLVKRT

PLDKRT

FEXTRC
                                                                            0.5

Flag for Index Res. Run
IR
Reservoir

Flag for runoff calc.
RUNOFF
total
none, monthly or total(average of entire run)

The input parameters used for SCI-GROW modeling.

Table B-2. SCI-GROW Input Parameters for Difenoconazole Applied on Multiple Crops at the Maximum Label Application Rate.
Model Input Variable
Input Values
Koc (the lowest value of all available Kocs, MRIDs: 42245135 and 46950121)[1]
3471 ml/g
Application Rate
 0.125 lb. a.i./acre
Number of Applications
4
Aerobic Soil Metabolism half-life[2]
223.6 days
Hydrolysis
Stable
[1] The Koc shows greater than three-folds variation, thus, the lowest value was uses per guidance as of Oct. 22, 2009 (USEPA 2009b).
[2] Median of seven values.

                    Input and output of  SCIGROW modeling.

                                    SCIGROW
                                  VERSION 2.3
                    ENVIRONMENTAL FATE AND EFFECTS DIVISION
                         OFFICE OF PESTICIDE PROGRAMS
                     U.S. ENVIRONMENTAL PROTECTION AGENCY
                                SCREENING MODEL
                        FOR AQUATIC PESTICIDE EXPOSURE

                              SciGrow version 2.3
                            chemical:Difenoconazole
                         time is 12/19/2011   8:36:36
   ------------------------------------------------------------------------
      Application      Number of       Total Use    Koc      Soil Aerobic
    rate (lb/acre)  applications   (lb/acre/yr)  (ml/g)   metabolism (days)
   ------------------------------------------------------------------------
         0.125           4.0           0.500      3.47E+03      223.6
   ------------------------------------------------------------------------
                 groundwater screening cond (ppb) =   1.30E-02
   ************************************************************************

Table B-3 Estimated drinking water concentrations before and after percent crop area (PCA) adjustment
                              Non-Adjusted EDWCs
Scenarios
Peak
96 hr
21 Day
60 Day
90 Day
Yearly Average
Annual Average
                                   PA Tomato
                                     11.85
                                     11.19
                                     9.41
                                     8.23
                                     7.89
                                     6.91
                                     5.20
                                   FL Pepper
                                     9.61
                                     8.62
                                     6.22
                                     4.74
                                     4.32
                                     3.28
                                     2.51
                                   FL Citrus
                                     9.21
                                     8.45
                                     7.10
                                     5.46
                                     5.01
                                     3.80
                                     3.02
                                 FL Strawberry
                                     11.37
                                     10.37
                                     7.81
                                     5.87
                                     5.38
                                     4.09
                                     3.42
                                   PA Apple
                                     8.13
                                     7.70
                                     6.53
                                     5.62
                                     5.40
                                     4.59
                                     3.46
                                   ME Potato
                                     11.78
                                     11.42
                                     10.22
                                     9.13
                                     8.72
                                     7.61
                                     6.18

                              PCA Adjusted EDWCs
Scenarios
Peak
96 hr
21 Day
60 Day
90 Day
Yearly Average
Annual Average
                                   PA Tomato
                                   10.31[1]
                                     9.74
                                     8.19
                                     7.16
                                     6.86
                                     6.02
                                     4.52
                                   FL Pepper
                                     8.36
                                     7.50
                                     5.41
                                     4.12
                                     3.76
                                     2.85
                                     2.19
                                   FL Citrus
                                     8.01
                                     7.35
                                     6.18
                                     4.75
                                     4.36
                                     3.30
                                     2.63
                                 FL Strawberry
                                     9.89
                                     9.02
                                     6.80
                                     5.11
                                     4.68
                                     3.56
                                     2.97
                                   PA Apple
                                     7.08
                                     6.70
                                     5.69
                                     4.89
                                     4.70
                                     3.99
                                     3.01
                                   ME Potato
                                     10.25
                                     9.93
                                     8.89
                                     7.95
                                     7.59
                                     6.62
                                     5.38
[1] Bolded values are the highest concentrations observed in modeled scenarios


[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)]
[Rules and Regulations]
[Pages 89843-89846]
[FR Doc No: 2016-29769]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. FAA-2016-9172; Special Conditions No. 23-276-SC]

Special Conditions: DAHER-SOCATA, Model TBM 700; Inflatable Four-
Point Restraint Safety Belt With an Integrated Airbag Device

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions.

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

SUMMARY: These special conditions are issued for the installation of an
inflatable four-point restraint safety belt with an integrated airbag
device at the pilot and copilot seats on the DAHER-SOCATA, Model TBM
700 airplane. These airplanes, as modified by the installation of these
inflatable safety belts, will have novel and unusual design features
associated with the upper-torso restraint portions of the four-point
safety belts, which contain an integrated airbag device. The applicable
airworthiness regulations do not contain adequate or appropriate safety
standards for this design feature. These special conditions contain the
additional safety standards that the Administrator considers necessary
to establish a level of safety equivalent to that established by the
existing airworthiness standards.

DATES: These special conditions are effective December 13, 2016 and are
applicable on December 6, 2016.

FOR FURTHER INFORMATION CONTACT: Mr. Bob Stegeman, Federal Aviation
Administration, Aircraft Certification Service, Small Airplane
Directorate, ACE-111, 901 Locust, Room 301, Kansas City, MO; telephone
(816)-329-4140; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    On January 5, 2016, DAHER-SOCATA (SOCATA) applied for FAA
validation for the optional installation of a four-point safety belt
restraint system for the pilot and copilot seats and incorporating
integrated inflatable airbags for both on the Model TBM 700 airplane.
The Model TBM 700 airplane is a single-engine powering a four bladed
turbopropellor. It has a maximum takeoff weight of 6578 pounds (2984
kg). In addition to a pilot and copilot, it can seat up to five
passengers.
    The inflatable restraint systems are four-point safety belt
restraint systems consisting of a lap belt and shoulder harness with an
inflatable airbag attached to the shoulder harness straps. The
inflatable portion of the restraint system will rely on sensors
electronically activating the inflator for deployment.
    If an emergency landing occurs, the airbags will inflate and
provide a protective cushion between the head of the occupant (pilot
and copilot) and the structure of the airplane. This will reduce the
potential for head and torso injury. The inflatable restraint behaves
in a manner similar to an automotive airbag; however, the airbag is
integrated into the shoulder harness straps. Airbags and inflatable
restraints are standard in the automotive industry; the use of an
inflatable restraint system is novel for general aviation.
    The FAA has determined that this project will be accomplished on
the basis of providing the same level of safety as the current
certification requirements of airplane occupant restraint systems. The
FAA has the following two primary safety concerns with the installation
of airbags or inflatable restraints that--
    1. They perform properly under foreseeable operating conditions;
and
    2. They do not perform in a manner or at such times as to impede
the pilot's ability to maintain control of the airplane or constitute a
hazard to the airplane or occupants.
    The latter point has the potential to be the more rigorous of the
requirements. An unexpected deployment while conducting the takeoff or
landing phases of flight may result in an unsafe condition. The
unexpected deployment may either startle the pilot or generate a force
sufficient to cause a sudden movement of the control yoke. Both actions
may result in a loss of control of the airplane. The consequences are
magnified due to the low operating altitudes during these phases of
flight. The FAA has considered this when establishing these special
conditions.
    The inflatable restraint system relies on sensors to electronically
activate the inflator for deployment. These sensors could be
susceptible to inadvertent activation, causing deployment in a
potentially unsafe manner. The consequences of an inadvertent
deployment must be considered in establishing the reliability of the
system. SOCATA must show that the effects of an inadvertent deployment
in flight are not a hazard to the airplane and that an inadvertent
deployment is extremely improbable. In addition, general aviation
aircraft are susceptible to a large amount of cumulative wear and tear
on a restraint system. The potential for inadvertent deployment may
increase as a result of this cumulative damage. Therefore, the impact
of wear and tear resulting with an inadvertent deployment must be
considered. The effect of this cumulative damage means duration of life
expectations must be established for the appropriate system components
in the restraint system design.
    There are additional factors to be considered to minimize the
chances of inadvertent deployment. General aviation airplanes are
exposed to a unique operating environment, since the same airplane may
be used by both experienced and student pilots. The effect of this
environment on inadvertent deployment must be understood. Therefore,
qualification

testing of the firing hardware and software must consider the
following--
    1. The airplane vibration levels appropriate for a general aviation
airplane; and
    2. The inertial loads that result from typical flight or ground
maneuvers, including gusts and hard landings.
    Any tendency for the firing mechanism to activate as a result of
these loads or acceleration levels is unacceptable.
    Other influences on inadvertent deployment include High-Intensity
Radiated Fields (HIRF) and lightning. Since the sensors that trigger
deployment are electronic, they must be protected from the effects of
these threats. To comply with HIRF and lightning requirements, the
inflatable restraint system is considered a critical system, since its
inadvertent deployment could have a hazardous effect on the airplane.
    Given the level of safety of the occupant restraints currently
installed, the inflatable restraint system must show that it will offer
an equivalent level of protection for an emergency landing. If an
inadvertent deployment occurs, the restraint must still be at least as
strong as a Technical Standard Order approved belt and shoulder
harnesses. There is no requirement for the inflatable portion of the
restraint to offer protection during multiple impacts, where more than
one impact would require protection.
    Where installed, the inflatable restraint system must deploy and
provide protection for each occupant under an emergency landing
condition. The Model TBM 700 airplane seats are certificated to the
structural requirements of Sec.  23.562; therefore, the test emergency
landing pulses identified in Sec.  23.562 must be used to satisfy this
requirement.
    A wide range of occupants may use the inflatable restraint;
therefore, the protection offered by this restraint should be effective
for occupants that range from the fifth percentile female to the
ninety-fifth percentile male. Energy absorption must be performed in a
consistent manner for this occupant range.
    In support of this operational capability, there must be a means to
verify the integrity of this system before each flight. SOCATA may
establish inspection intervals where they have demonstrated the system
to be reliable between these intervals.
    An inflatable restraint may be armed even though no occupant is
using the seat. While there will be means to verify the integrity of
the system before flight, it is also prudent to require unoccupied
seats with active restraints not pose a hazard to any occupant. This
will protect any individual performing maintenance inside the cockpit
while the aircraft is on the ground. The restraint must also provide
suitable visual warnings that would alert rescue personnel to the
presence of an inflatable restraint system.
    The design must also prevent the inflatable seatbelt from being
incorrectly buckled or installed to avoid hindering proper deployment
of the airbag. SOCATA may show that such deployment is not hazardous to
the occupant and will still provide the required protection.
    The cabins of the SOCATA, Model TBM 700 airplane identified in
these special conditions are confined areas, and the FAA is concerned
that noxious gasses may accumulate if the airbag deploys. When
deployment occurs, either by design or inadvertently, there must not be
a release of hazardous quantities of gas or particulate matter into the
cockpit.
    An inflatable restraint should not increase the risk already
associated with fire. The inflatable restraint should be protected from
the effects of fire to avoid creating an additional hazard such as, a
rupture of the inflator, for example.
    Finally, the airbag is likely to have a large volume displacement,
and possibly impede the egress of an occupant. Since the bag deflates
to absorb energy, it is likely that the inflatable restraint would be
deflated at the time an occupant would attempt egress. However, it is
appropriate to specify a time interval after which the inflatable
restraint may not impede rapid egress. Ten seconds has been chosen as
reasonable time. This time limit offers a level of protection
throughout an impact event.

Type Certification Basis

    Under the provisions of 14 CFR 21.17, SOCATA must show that the
Model TBM 700 airplane continues to meet the applicable provisions of
the applicable regulations in effect on the date of application for the
type certificate. The regulations incorporated by reference in the type
certificate are commonly referred to as the original type certification
basis.
    The certification basis also includes all exemptions, if any;
equivalent level of safety findings, if any; and special conditions not
relevant to the special conditions adopted by this rulemaking action.
    If the Administrator determines that the applicable airworthiness
regulations (i.e., 14 CFR part 23) do not contain adequate or
appropriate safety standards for the inflatable restraint, as installed
on the SOCATA, Model TBM 700 airplane because of a novel or unusual
design feature, special conditions are prescribed under the provisions
of Sec.  21.16.
    In addition to the applicable airworthiness regulations and special
conditions, the Model TBM 700 airplane must comply with the fuel vent
and exhaust emission requirements of 14 CFR part 34 and the noise
certification requirements of 14 CFR part 36, and the FAA must issue a
finding of regulatory adequacy under Sec.  611 of Public Law 92-574,
the Noise Control Act of 1972.
    The FAA issues special conditions, as defined in Sec.  11.19, under
Sec.  11.38 and they become part of the type certification basis under
Sec.  21.17(a)(2).
    Special conditions are initially applicable to the models for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, or should any other model already included on
the same type certificate be modified to incorporate the same novel or
unusual design feature, the special conditions would also apply to the
other model.

Novel or Unusual Design Features

    The SOCATA, Model TBM 700 airplane will incorporate the following
novel or unusual design feature:
    Installation of inflatable four-point restraint safety belt with an
integrated airbag device for the pilot and copilot seats.

Discussion

    The purpose of the airbag is to reduce the potential for injury in
the event of an accident. In a severe impact, an airbag will deploy
from the shoulder harness in a manner similar to an automotive airbag.
The airbag will deploy between the head of the occupant and airplane
interior structure, which will provide some protection to the head of
the occupant. The restraint will rely on sensors to electronically
activate the inflator for deployment.
    The Code of Federal Regulations states performance criteria for
seats and restraints in an objective manner. However, none of these
criteria are adequate to address the specific issues raised concerning
inflatable restraints. Therefore, the FAA has determined that in
addition to the requirements of part 21 and part 23, special conditions
are needed to address the installation of this inflatable restraint.
    Accordingly, these special conditions are adopted for the SOCATA,
Model

TBM 700 airplanes equipped with four-point inflatable restraints. Other
conditions may be developed, as needed, based on further FAA review and
discussions with the manufacturer and civil aviation authorities.

Discussion of Comments

    Final special conditions number 23-276-SC \1\ for the DAHER-SOCATA,
Model TBM 700 airplanes and requesting comments was published in the
Federal Register on September 30, 2016 (81 FR 67093). One comment was
received that compared restraint safety to that of an automobile and
stressed the importance considering airbag safety, the possibility of
injuring or killing occupants during deployment and considerations for
occupant safety for a range of occupants.
---------------------------------------------------------------------------

    \1\ https://www.regulations.gov/document?D=FAA-2016-9172-0001.
---------------------------------------------------------------------------

    Aircraft accidents differ from car accidents in that they typically
involve much higher speeds and also introduce a vertical impact
component. The aviation regulations require an assessment of occupant
safety in the horizontal and vertical planes. An airbag is normally
triggered, deployed, and effective only in the horizontal plane. The
special condition requires assessment for 5th percentile females to
95th percentile males. As such, very large and very small occupants are
not considered in this special condition, but this is consistent with
other FAA occupant safety rules.
    Aircraft airbags, or inflatable restraints, (including the airbags
subject to this special condition) are fundamentally different in their
operation in comparison to automotive airbags. Automotive airbags
normally deploy from the dashboard or steering wheel and push against
the rigid structure as they powerfully deploy and engage the occupant.
Inflatable restraints have the airbag deploy from the restraint and
push away from the occupant and do not press on the occupant until the
occupant, with significant inertia, is moving forward and impacting the
interior. Smaller occupants, normally those killed by automotive
airbags, are not as likely to engage the aircraft inflatable restraints
against the interior.
    There are no known fatalities or significant injuries from aircraft
inflatable restraints that are attributable only to the airbag
deployment itself. By nature, the inflatable restraints move away from
the occupant, so injury to the occupant from deployment is very
unlikely. Smaller occupants and children are still recommended to ride
in aft seating, like in an automobile. These special conditions do
consider and peripherally address a range of occupant sizes consistent
with part 23 occupant safety rules.
    This special condition does address the potential hazards commented
upon, and the safety and effectiveness of the airbag system with
consideration to a range of occupant sizes. No changes were made as a
result of this comment, and the special conditions are adopted as
proposed.

Applicability

    As discussed above, these special conditions are applicable to the
SOCATA, Model TBM 700 airplane. Should SOCATA apply at a later date for
a change to the type certificate to include another model incorporating
the same novel or unusual design feature, the special conditions would
apply to that model as well.
    Under standard practice, the effective date of final special
conditions would be 30 days after the date of publication in the
Federal Register; however, as the certification date for the SOCATA,
Model TBM 700 airplane is imminent, the FAA finds that good cause
exists to make these special conditions effective upon issuance.

Conclusion

    This action affects only certain novel or unusual design features
on one model of airplanes. It is not a rule of general applicability
and affects only the applicant who applied to the FAA for approval of
these features on the airplane.

List of Subjects in 14 CFR Part 23

    Aircraft, Aviation safety, Signs and symbols.

Citation

    The authority citation for these special conditions is as follows:

    Authority:  49 U.S.C. 106(g), 40113 and 44701; 14 CFR 21.16 and
21.17; and 14 CFR 11.38 and 11.19.

The Special Conditions

    The FAA has determined that this project will be accomplished on
the basis of not lowering the current level of safety of the SOCATA,
Model TBM 700 airplane occupant restraint systems. Accordingly,
pursuant to the authority delegated to me by the Administrator, the
following special conditions are issued as part of the type
certification basis for the SOCATA, Model TBM 700 airplane.

1. Installation of Inflatable Four-Point Restraint Safety Belt With an
Integrated Airbag Device

    a. It must be shown that the inflatable restraint will deploy and
provide protection under emergency landing conditions. Compliance will
be demonstrated using the dynamic test condition specified in Sec.
23.562(b)(2). It is not necessary to account for floor warpage, as
required by Sec.  23.562(b)(3), or vertical dynamic loads, as required
by Sec.  23.562(b)(1). The means of protection must take into
consideration a range of stature from a 5th percentile female to a 95th
percentile male. The inflatable restraint must provide a consistent
approach to energy absorption throughout that range.
    b. The inflatable restraint must provide adequate protection for
the occupant. In addition, unoccupied seats that have an active
restraint must not constitute a hazard to any occupant.
    c. The design must prevent the inflatable restraint from being
incorrectly buckled and incorrectly installed, such that the airbag
would not properly deploy. It must be shown that such deployment is not
hazardous to the occupant and will provide the required protection.
    d. It must be shown that the inflatable restraint system is not
susceptible to inadvertent deployment as a result of wear and tear or
the inertial loads resulting from in-flight or ground maneuvers
(including gusts and hard landings) that are likely to be experienced
in service.
    e. It must be extremely improbable for an inadvertent deployment of
the restraint system to occur, or an inadvertent deployment must not
impede the pilot's ability to maintain control of the airplane or cause
an unsafe condition or hazard to the airplane. In addition, a deployed
inflatable restraint must be at least as strong as a Technical Standard
Order, TSO-C114, certificated belt and shoulder harness.
    f. It must be shown that deployment of the inflatable restraint
system is not hazardous to the occupant or will not result in injuries
that could impede rapid egress. This assessment should include
occupants whose restraint is loosely fastened.
    g. It must be shown that an inadvertent deployment that could cause
injury to a standing or sitting person is improbable. In addition, the
restraint must also provide suitable visual warnings that would alert
rescue personnel to the presence of an inflatable restraint system.
    h. It must be shown that the inflatable restraint will not impede
rapid egress of

the occupants 10 seconds after its deployment.
    i. To comply with HIRF and lightning requirements, the inflatable
restraint system is considered a critical system since its deployment
could have a hazardous effect on the airplane.
    j. It must be shown that the inflatable restraints will not release
hazardous quantities of gas or particulate matter into the cabin.
    k. The inflatable restraint system installation must be protected
from the effects of fire such that no hazard to occupants will result.
    l. There must be a means to verify the integrity of the inflatable
restraint activation system before each flight or it must be
demonstrated to reliably operate between inspection intervals.
    m. A life limit must be established for appropriate system
components.
    n. Qualification testing of the internal firing mechanism must be
performed at vibration levels appropriate for a general aviation
airplane.

    Issued in Kansas City, Missouri, on December 6, 2016.
Kelly Broadway,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-29769 Filed 12-12-16; 8:45 am]
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[Federal Register: July 28, 2008 (Volume 73, Number 145)]
[Rules and Regulations]
[Page 43626-43627]
[DOCID:fr28jy08-6]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2007-0011; FRL-8698-3]
RIN 2060-AN72

Standards of Performance for Petroleum Refineries

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; stay of effective date.

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

SUMMARY: On June 24, 2008, EPA published in the Federal Register final
amendments to the current standards of performance for petroleum
refineries and separate standards of performance for new, modified, or
reconstructed process units at petroleum refineries. Both of these
final rules had an effective date of June 24, 2008. This document stays
the effective date of the rule for the newly promulgated standards of
performance for new, modified, or reconstructed process units at
petroleum refineries to September 26, 2008 to be consistent with
sections 801 and 808 of the Congressional Review Act, enacted as part
of the Small Business Regulatory Enforcement Fairness Act, 5 U.S.C.
801, 808. The effective date for the final rule promulgating amendments
to the current standards of performance for petroleum refineries is not
changing and remains June 24, 2008.

DATES: The effective date of this rule is July 28, 2008. Title 40 CFR
part 60, subpart Ja, consisting of Sec. Sec.  60.100a through 60.109a,
is stayed until September 26, 2008.

FOR FURTHER INFORMATION CONTACT: Mr. Robert B. Lucas, Office of Air
Quality Planning and Standards, Sector Policies and Programs Division,
Coatings and Chemicals Group (E143-01), Environmental Protection
Agency, Research Triangle Park, NC 27711, telephone number: (919) 541-
0884; fax number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    The Environmental Protection Agency published a final rule on June
24, 2008 that contained the following: (1) Final amendments to the
existing refineries New Source Performance Standards (NSPS) in 40 CFR
part 60, subpart J; and (2) a new refineries NSPS in 40 CFR part 60,
subpart Ja (73 FR 35838). The preamble to that rule contained an
incorrect effective date and contained an error in the Congressional
Review Act (CRA) statement in the Statutory and Executive Order Reviews
section. The preamble incorrectly classified all amendments to the CFR
in that rule document as ``non-major'' rules and provided for an
effective date of June 24, 2008. The amendments to existing NSPS
subpart J in that document are properly classified as a ``non-major
rule;'' however, the amendment that added the new NSPS subpart Ja is a
``major'' rule under the CRA. Section 801 of the CRA precludes a major
rule from taking effect until the later of 60 days after the date of
publication of the rule in the Federal Register or 60 days after each
House of Congress and the Comptroller General of the Government
Accountability Office receive a copy of a rule report. While EPA did
submit the above rule as required, because NSPS subpart Ja is a
``major'' rule, the effective date of June 24, 2008 does not comply
with sections 801 and 808 of the CRA. Today's rule stays the effective
date of NSPS subpart Ja consistent with the provisions of the CRA; the
effective date of NSPS subpart Ja is September 26, 2008. The amendments
in NSPS subpart J are not affected by today's action and remain
effective from June 24, 2008.
    Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(B), provides that when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, an agency may issue a rule without providing
notice and an opportunity for public comment. EPA has determined that
there is good cause for making today's rule final without prior
proposal and opportunity for comment because EPA is merely correcting
the effective date of the promulgated rule to be consistent with the
congressional review requirements of the CRA as a matter of law and has
no discretion in this matter. Thus, notice and public procedure are
unnecessary. The Agency finds that this constitutes good cause under 5
U.S.C. 553(b)(B).

II. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and, therefore, is
not subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). In
addition, this action does not impose any enforceable duty or contain
any unfunded mandate as described in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104-4), or require prior consultation with State
officials as specified by Executive Order 12875 (58 FR 58093, October
28, 1993), or involve special consideration of environmental justice
related issues as required by Executive Order 12898 (59 FR 7629,
February 16, 1994). Because this action is not subject to notice-and-
comment requirements under the Administrative Procedure Act or any
other statute, it is not subject to the regulatory flexibility
provisions of the Regulatory Flexibility Act (5 U.S.C. 601, et seq.).
This rule also does not have tribal implications because it will not
have a substantial direct effect on one or more Indian tribes, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the

Federal government and Indian tribes, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000). This action also does not have
Federalism implications because it does not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This rule also
is not subject to Executive Order 13045 ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997). The requirements of section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.
This rule does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et
seq.). EPA's compliance with these statutes and Executive Orders for
the underlying rule is discussed in the June 24, 2008 Federal Register
document.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
rule and other required information to the United States Senate, the
United States House of Representatives, and the Comptroller General of
the United States prior to publication of the rule in the Federal
Register. This rule is not a ``major rule'' as defined by 5 U.S.C.
804(2).

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporations by reference, Intergovernmental
relations, Reporting and recordkeeping requirements.

    Dated: July 22, 2008.
Stephen L. Johnson,
Administrator.

0
For the reasons stated in the preamble, title 40, chapter I of the Code
of Federal Regulations is amended as follows:

PART 60--[AMENDED]

0
1. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

Subpart Ja--[Stayed]

0
2. Subpart Ja, consisting of Sec. Sec.  60.100a through 60.109a, is
stayed until September 26, 2008.

[FR Doc. E8-17220 Filed 7-25-08; 8:45 am]

BILLING CODE 6560-50-P


Comment Info: =================

General Comment:Dear Mr. Zeller,

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's proposed rule deeming tobacco products to be subject to the federal food, drug, and cosmetic act, as amended by the family smoking and prevention and tobacco control act (the "proposed rule") published at 79 fed. reg. 23,142 and federal registers No. 2014-09491. On behalf of myself, I am requesting that the comment period for the proposed rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The proposed rule raises a number of significant issues and questions that are important and relevant to me as a consumer of products that are proposed for regulation under the proposed rule. This proposed rule asks about a hundred different questions I want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and studying these issues, but this takes time. I know that the FDA took many years to even come up with the proposed rule, so I do not think it is at all unreasonable to allow the public approximately six months to comment on it. After all, this is my only opportunity as consumer to provide feedback.

For what it’s worth, I feel very strongly that e-cigarettes have saved my life and are giving me an opportunity to do physical exercise that I have not been able to do for years. I hope to provide you with my personal story, along with science and evidence based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you please do the same here, so that all of us with experience have the opportunity to provide our comments on this proposed regulation.

I do appreciate your consideration of my request and am happy to discuss this issue with you further if you so wish.

Thank You,

Thomas


[Federal Register: December 17, 2007 (Volume 72, Number 241)]
[Proposed Rules]
[Page 71297-71298]
[DOCID:fr17de07-29]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2007-1128; FRL-8506-9]

Approval and Promulgation of Implementation Plans; Nebraska;
Interstate Transport of Pollution

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing a revision to the Nebraska State
Implementation Plan (SIP) for the purpose of approving the Nebraska
Department of Environmental Quality's (NDEQ) actions to address the
``good neighbor'' provisions of the Clean Air Act Section
110(a)(2)(D)(i). These provisions require each state to submit a SIP
that prohibits emissions that adversely affect another state's air
quality through interstate transport. NDEQ has adequately addressed the
four distinct elements related to the impact of interstate transport of
air pollutants. These include prohibiting significant contribution to
downwind nonattainment of the National Ambient Air Quality Standards
(NAAQS), interference with maintenance of the NAAQS, interference with
plans in another state to prevent significant deterioration of air
quality, and efforts of other states to protect visibility. The
requirements for public notification were also met by NDEQ.

DATES: Comments on this proposed action must be received in writing by
January 16, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2007-1128 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for

submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Mail: Michael Jay, Environmental Protection Agency, Air Planning
and Development Branch, 901 North 5th Street, Kansas City, Kansas
66101.
    4. Hand Delivery or Courier. Deliver your comments to Michael Jay,
Environmental Protection Agency, Air Planning and Development Branch,
901 North 5th Street, Kansas City, Kansas 66101. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8 to 4:30, excluding legal holidays.
    Please see the direct final rule that is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: Michael Jay at<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the final rules section of the Federal
Register, EPA is approving the state's SIP revision as a direct final
rule without prior proposal because the Agency views this as a
noncontroversial revision amendment and anticipates no relevant adverse
comments to this action. A detailed rationale for the

approval is set forth in the direct final rule. If no relevant adverse
comments are received in response to this action, no further activity
is contemplated in relation to this action. If EPA receives relevant
adverse comments, the direct final rule will be withdrawn and all
public comments received will be addressed in a subsequent final rule
based on this proposed action. EPA will not institute a second comment
period on this action. Any parties interested in commenting on this
action should do so at this time. Please note that if EPA receives
adverse comment on part of this rule and if that part can be severed
from the remainder of the rule, EPA may adopt as final those parts of
the rule that are not the subject of an adverse comment. For additional
information, see the direct final rule that is located in the rules
section of this Federal Register.

    Dated: November 29, 2007.
William Rice,
Acting Regional Administrator, Region 7.
[FR Doc. E7-24233 Filed 12-14-07; 8:45 am]

BILLING CODE 6560-50-P