[Federal Register Volume 80, Number 29 (Thursday, February 12, 2015)]
[Notices]
[Pages 7888-7892]
[FR Doc No: 2015-02895]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74222; File No. SR-NYSE-2015-05]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Include Internet Protocol Network Connections and Fiber Cross Connects
Between a User's Cabinet and Non-User's Equipment as Co-Location
Services

February 6, 2015.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on January 26, 2015, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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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 provide that the co-
location services offered by the Exchange include 1 Gigabit (``Gb'')
and 10 Gb Internet Protocol (``IP'') network connections in the
Exchange's data center and fiber cross connects (``cross connects'')
between a Users' [sic] cabinet and non-User's equipment. In addition,
the proposed rule change reflects changes to the Exchange's Price List
related to these co-location services. The text of the proposed rule
change is available on the Exchange's Web site at www.nyse.com, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to change its rules to provide that the co-
location \4\ services offered by the Exchange include 1 Gb and 10 Gb IP
network connections in the Exchange's data center and cross connects
between a User's cabinet and non-User's equipment. In addition, this
proposed rule change reflects changes to the Exchange's Price List
related to these co-location services.\5\
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    \4\ The Exchange initially filed rule changes relating to its
co-location services with the Securities and Exchange Commission
(``Commission'') in 2010. See Securities Exchange Act Release No.
62960 (September 21, 2010), 75 FR 59310 (September 27, 2010) (SR-
NYSE-2010-56) (the ``Original Co-location Filing''). The Exchange
operates a data center in Mahwah, New Jersey (the ``data center'')
from which it provides co-location services to Users.
    \5\ For purposes of the Exchange's co-location services, the
term ``User'' includes (i) member organizations, as that term is
defined in NYSE Rule 2(b); (ii) Sponsored Participants, as that term
is defined in NYSE Rule 123B.30(a)(ii)(B); and (iii) non-member
organization broker-dealers and vendors that request to receive co-
location services directly from the Exchange. See, e.g., Securities
Exchange Act Release No. 65973 (December 15, 2011), 76 FR 79232
(December 21, 2011) (SR-NYSE-2011-53). As specified in the Price
List, a User that incurs co-location fees for a particular co-
location service pursuant thereto would not be subject to co-
location fees for the same co-location service charged by the
Exchange's affiliates NYSE MKT LLC and NYSE Arca, Inc. See
Securities Exchange Act Release No. 70206 (August 15, 2013), 78 FR
51765 (August 21, 2013) (SR-NYSE-2013-59).
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IP Network Connections
    The Exchange offers Users access to the Exchange's Liquidity Center
Network (``LCN''), a local area network available in the data
center.\6\ The LCN provides Users with access to the Exchange's trading
and execution systems and to the Exchange's proprietary market data
products.
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    \6\ See Original Co-location Filing, at 59311. See also
Securities Exchange Act Release No. 67666 (August 15, 2012), 77 FR
50742 (August 22, 2012) (SR-NYSE-2012-18) (``August 2012 Rule
Change'').
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    This proposed rule change would provide that Users may also
purchase access to the IP network, a second local area network
available in the Exchange's data center. Like the LCN, the IP network
provides Users with access to the Exchange's trading and execution
systems and to the Exchanges' proprietary market data products. The IP
network also provides Users with access to away market data products.
There is greater latency in the transmission of data between Users and
the Exchange for the IP Network than for the LCN.
    A User is currently able to select from two ``bundled''
connectivity options, at 1 Gb and 10 Gb, when connecting to the data
center.\7\ Both options include two connections referred to as ``SFTI''
connections. These bundled ``SFTI'' connections are IP network
connections; the reference to ``SFTI'' is a reflection of the fact that
the IP network is sometimes referred to as the ``SFTI IP'' network. To
conform the references to the IP network in the Price List, the
Exchange proposes to revise the description of the bundled connectivity
options to remove the reference to ``SFTI'' and update it to ``IP
network.''
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    \7\ See Securities Exchange Act Release No. 72721 (July 30,
2014), 79 FR 45562 (August 5, 2014) (SR-NYSE-2014-37).
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    In addition, the Exchange proposes to change its rules to provide
that the co-location services offered by the Exchange include 1 Gb and
10 Gb IP network connections in the Exchange's data center.\8\ The
Exchange also proposes to revise its Price List to reflect fees related
to these IP network connections as follows:
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    \8\ The Exchange makes an IP network circuit available to Users
for testing and certification purposes at no charge. Such circuit
can only be used for testing and certification and is limited to
three months. The Exchange proposes to add language to the Price
List to include this practice.

------------------------------------------------------------------------
        Type of service            Description        Amount of charge
------------------------------------------------------------------------
IP Network Access.............  1 Gb Circuit.....  $2,500 per connection
                                                    initial charge plus
                                                    $2,500 monthly per
                                                    connection.
IP Network Access.............  10 Gb Circuit....  $10,000 per
                                                    connection initial
                                                    charge plus $10,000
                                                    monthly per
                                                    connection.
------------------------------------------------------------------------

    By comparison, the 1 Gb LCN circuit costs $6,000 per connection
initial charge plus $5,000 monthly per connection. The 10 Gb LCN
circuit costs $10,000 per connection initial charge plus $12,000
monthly per connection, while the LCN 10 Gb LX, a second LCN option
that has a lower latency than the 10 Gb LCN circuit, costs $15,000 per
connection initial charge plus $20,000 monthly per connection.\9\
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    \9\ See Securities Exchange Act Release No. 70888 (November 15,
2013), 78 FR 69907 (November 21, 2013) (SR-NYSE-2013-73).
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    The IP network provides Users that do not need the lower latency of
the LCN with a less costly data center network option. Having another
data center network also provides Users with the option to create
redundancy in their infrastructure. The offering of either a 1 Gb or 10
Gb IP network connection provides Users more choices regarding the
bandwidth of their network connections.
Cross Connects
    Cross connects are fiber connections used to connect cabinets
within the data center. Cross connects may be used between a User's own
cabinets or between its cabinet(s) and those of another User.\10\ A
cross connect may be used to connect cabinets of separate Users when,
for example, a User receives technical support, order routing and/or
market data delivery services from another User in the data center. A
User is able to purchase cross connects individually or in bundles
(i.e., multiple cross connects within a single sheath) of six, 12, 18
or 24 cross connects.
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    \10\ The Commission approved the fee for cross connects between
a single User's cabinets within the data center in the Original Co-
Location Filing. See Original Co-Location Filing, at 59311. The use
of cross connects was subsequently revised to allow each User to
purchase cross connects between its cabinet(s) and the cabinets of
separate Users. See August 2012 Rule Change, at 50742.
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    The Exchange proposes to amend the Price List for individual and
bundled cross connects to include cross-connects between a User's
cabinet and a non-User's equipment within the data center. Non-Users
with equipment in the data center include the Exchange and third-party
carriers. For example, a User may utilize a cross connect with a non-
User to connect to a carrier's equipment in order to access the
carrier's network outside the data center. Such cross connects do not
provide direct access to the Exchange's trading and execution systems
and do

not change the fact that only Users that are authorized to obtain
access to the Exchange trading and execution systems can do so.
    The Exchange proposes to amend the existing cross connect fee in
the Price List accordingly. Specifically, the existing Price List text
that describes cross connects as being ``between cabinets within the
data center'' would be removed. The existing pricing for individual and
bundled cross connects would not change.
General
    As is the case with all Exchange co-location arrangements, (i)
neither a User nor any of the User's customers would be permitted to
submit orders directly to the Exchange unless such User or customer is
a member organization, a Sponsored Participant or an agent thereof
(e.g., a service bureau providing order entry services); (ii) use of
the co-location services proposed herein would be completely voluntary
and available to all Users on a non-discriminatory basis; \11\ and
(iii) a User would only incur one charge for the particular co-location
service described herein, regardless of whether the User connects only
to the Exchange or to the Exchange and one or both of its
affiliates.\12\
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    \11\ As is currently the case, Users that receive co-location
services from the Exchange will not receive any means of access to
the Exchange's trading and execution systems that is separate from,
or superior to, that of other Users. In this regard, all orders sent
to the Exchange enter the Exchange's trading and execution systems
through the same order gateway, regardless of whether the sender is
co-located in the data center or not. In addition, co-located Users
do not receive any market data or data service product that is not
available to all Users, although Users that receive co-location
services normally would expect reduced latencies in sending orders
to, and receiving market data from, the Exchange.
    \12\ See SR-NYSE-2013-59, supra note 5 at 51766. The Exchange's
affiliates have also submitted the same proposed rule change to
propose the changes described herein. See SR-NYSEMKT-2015-08 and SR-
NYSEArca-2015-03.
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    The proposed change is not otherwise intended to address any other
issues relating to co-location services and/or related fees, and the
Exchange is not aware of any problems that Users would have in
complying with the proposed change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\13\ in general, and furthers the
objectives of Sections 6(b)(5) of the Act,\14\ in particular, because
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 regulating,
clearing, settling, processing information with respect to, and
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
and because it is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the IP network connections are not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers because the IP network connections provide an
alternative to Users that do not require the lower latency levels of
the LCN for all of their business operations. Users that do require
lower latency levels for all of their business operations may utilize
only LCN connections. The Exchange believes that this removes
impediments to, and perfects the mechanisms of, a free and open market
and a national market system and, in general, protects investors and
the public interest because it provides Users with additional choices
with respect to both the optimal latency and, by including 1 Gb and 10
Gb IP network connection options, the optimal bandwidth option for
their network connections. Having data center networks to choose from
also provides Users with the option to create redundancy in their
infrastructure. In addition, the Exchange believes that the proposed
revision of the description of the bundled connectivity options to
remove the reference to ``SFTI'' and update it to ``IP network''
removes impediments to, and perfects the mechanisms of, a free and open
market and a national market system and, in general, protects investors
and the public interest because conforming the references to the IP
network will add clarity to the Price List. The Exchange believes that
providing Users with an IP network circuit solely for testing and
certification purposes for three months at no charge protects investors
and the public interest because it encourages Users to conduct testing
and certification.
    The Exchange believes that the cross connects between Users and
non-Users are not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers because the proposed change
makes a third use for cross connections available to Users, but Users
that do not require such connections may continue to utilize existing
cross connects as they need. The Exchange believes that this removes
impediments to, and perfects the mechanisms of, a free and open market
and a national market system and, in general, protects investors and
the public interest because cross connects between Users' cabinets and
non-Users' equipment assist Users in meeting the growing needs of their
business operations by facilitating connections with non-Users.
    The Exchange also believes that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\15\ in particular, because
it provides for the equitable allocation of reasonable dues, fees, and
other charges among its members, issuers and other persons using its
facilities and does not unfairly discriminate between customers,
issuers, brokers or dealers.
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    \15\ 15 U.S.C. 78f(b)(4).
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    Overall, the Exchange believes that the proposed change is
reasonable because the Exchange proposes to offer the co-location
services described herein (i.e., the IP network connections and
additional cross connects) as a convenience to Users, but in doing so
will incur certain costs, including costs related to the data center
facility, hardware and equipment and costs related to personnel
required for initial installation and monitoring, support and
maintenance of such services. In addition, the Exchange believes that
the proposed revision of the description of the bundled connectivity
options to remove the reference to ``SFTI'' and update it to ``IP
network'' is reasonable because conforming the references to the IP
network will add clarity to the Price List.
    The Exchange believes that the proposed pricing for IP network
connections is reasonable because IP network connections are a more
economical option for certain Users that do not require the lower
latency levels of the LCN for all of their business operations. The
proposed pricing for IP network connections is also reasonable because
it allows Users to select network options that are better suited for
their needs. Some Users do not need lower latency levels for all of
their business operations, and IP network connections provide them the
option to utilize network connections with higher latency levels but
lower fees than the LCN. The availability of 1 Gb and 10 Gb options
allow Users to select the bandwidth option that suits their needs. In
addition, the Exchange believes that the proposed revision of the
description of the bundled connectivity options to remove the reference
to ``SFTI'' and update it to ``IP network'' is reasonable because it
will conform the references to

the IP network in the Price List The Exchange believes that providing
Users with an IP network circuit solely for testing and certification
purposes for three months at no charge is reasonable because providing
the IP network circuit at no charge encourages Users to conduct testing
and certification.
    The Exchange believes that it is reasonable to charge the same
amount for cross connects regardless of whether the cross connects are
between the cabinets of a single User, between the cabinets of separate
Users or between a User and non-User, because the cross connect
hardware and costs the Exchange incurs are substantially the same in
each case.
    The Exchange believes that the proposed change is equitable and not
unfairly discriminatory because it will result in fees being charged
only to Users that voluntarily select to receive the corresponding
services and because those services will be available to all Users.
Furthermore, the Exchange believes that the services and fees proposed
herein are not unfairly discriminatory and are equitably allocated
because, in addition to the services being completely voluntary, they
are available to all Users on an equal basis (i.e., the same products
and services are available to all Users).
    For the reasons above, the proposed changes do not unfairly
discriminate between or among market participants that are otherwise
capable of satisfying any applicable co-location fees, requirements,
terms and conditions established from time to time by the Exchange.
    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.
    For these reasons, the Exchange believes that the proposal is
consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\16\ the Exchange
believes that the proposed rule change will not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act because, in addition to the proposed services being
completely voluntary, they are available to all Users on an equal basis
(i.e. the same products and services are available to all Users).
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    \16\ 15 U.S.C. 78f(b)(8).
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    The Exchange believes that allowing Users to purchase access to the
IP network will not impose any burden on competition that is not
necessary or appropriate in furtherance of the purposes of the Act
because such access will satisfy User demand for more cost-effective,
higher latency connections. The proposed changes also enhance
competition by helping Users tailor their data center network
connections to the growing needs of their business operations and by
adding clarity to the Price List by conforming the references to the IP
network. The Exchange also believes that the cross connects between
Users' cabinets and non-Users' equipment will not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act because the cross connects will satisfy User demand
for more flexibility in the Users' use of cross connects. The proposed
change also enhances competition by helping Users tailor their co-
located systems to the varying needs of their business operations.
    Finally, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive. In such an environment, the Exchange must continually
review, and consider adjusting, its services and related fees and
credits to remain competitive with other exchanges. For the reasons
described above, the Exchange believes that the proposed rule change
reflects this competitive environment.

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \17\ and Rule 19b-4(f)(6) thereunder.\18\
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 prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
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    \17\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \18\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) \19\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\20\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest.
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    \19\ 17 CFR 240.19b-4(f)(6).
    \20\ 17 CFR 240.19b-4(f)(6)(iii).
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    At any time within 60 days of the filing of such 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 under
Section 19(b)(2)(B) \21\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \21\ 15 U.S.C. 78s(b)(2)(B).
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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-NYSE-2015-05 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2015-05. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written

communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for Web site viewing and printing in the Commission's Public
Reference Room, 100 F Street NE., Washington, DC 20549, on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
the filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSE-2015-05, and should be submitted on or before March
5, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
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    \22\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-02895 Filed 2-11-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 12 (Thursday, January 17, 2013)]
[Notices]
[Pages 3893-3894]
[FR Doc No: 2013-00865]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9526-4]

Agency Information Collection Activities OMB Responses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This document announces the Office of Management and Budget
(OMB) responses to Agency Clearance requests, in compliance with the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.). An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number. The OMB control numbers for EPA regulations are listed
in 40 CFR part 9 and 48 CFR chapter 15.

FOR FURTHER INFORMATION CONTACT: Rick Westlund<PHONE_NUMBER>, or email
at<EMAIL_ADDRESS>and please refer to the appropriate EPA
Information Collection Request (ICR) Number.

SUPPLEMENTARY INFORMATION:

OMB Responses to Agency Clearance Requests

OMB Approvals

    EPA ICR Number 1973.05; Cooling Water Intake Structures--New
Facility (Renewal); 40 CFR 122.21(r); 40 CFR 125.86-125.89; was
approved on 12/07/2012; OMB Number 2040-0241; expires on 12/31/2015;
Approved without change.
    EPA ICR Number 1791.06; Establishing No-Discharge Zones Under Clean
Water Act Section 312 (Renewal); 40 CFR parts 140 and 1700; was
approved on 12/07/2012; OMB Number 2040-0187; expires on 12/31/2015;
Approved without change.
    EPA ICR Number 1816.05; EPA Strategic Plan Information on Source

Water Protection (Renewal); was approved on 12/07/2012; OMB Number
2040-0197; expires on 12/31/2015; Approved without change.
    EPA ICR Number 0002.15; National Pretreatment Program (Renewal); 40
CFR part 105; 40 CFR 122.41, 122.42, 123.24, 123.62, 403.1-403.20; 40
CFR 430.02, 40 CFR part 437; 40 CFR 442.15, 442.16, 442.25, 442.26,
455.41; was approved on 12/07/2012; OMB Number 2040-0009; expires on
12/31/2015; Approved without change.
    EPA ICR Number 2048.04; BEACH Act Grant Program (Renewal); was
approved on 12/07/2012; OMB Number 2040-0244; expires on 12/31/2015;
Approved without change.
    EPA ICR Number 0988.11; Water Quality Standards Regulation
(Renewal); 40 CFR 131.6-131.8, 131.20-131.22, 131.31-131.36; and 40 CFR
part 132; was approved on 12/07/2012; OMB Number 2040-0049; expires on
12/31/2015; Approved without change.
    EPA ICR Number 1896.09; Disinfectants/Disinfection Byproducts,
Chemical and Radionuclides (Renewal); 40 CFR 141.14, 141.23(a)-(d),
141.24, 141.26; 141.31(a)-(c) and (e), 141.33(a)-(d), 141.42, 141.43,
141.75, 141.80-141.91, 141.111, 141.130-141.132, 141.134, 141.135,
141.601, 141.626; 40 CFR 142.14, 142.15, 142.16; was approved on 12/07/
2012; OMB Number 2040-0204; expires on 12/31/2015; Approved without
change.
    EPA ICR Number 1363.22; Toxic Chemical Release Reporting; 40 CFR
part 372; was approved on 12/10/2012; OMB Number 2025-0009; expires on
10/31/2014; Approved without change.
    EPA ICR Number 1428.09; Trade Secret Claims for Emergency Planning
and Community Right-to-Know Act (Renewal); 40 CFR part 350; was
approved on 12/11/2012; OMB Number 2050-0078; expires on 12/31/2015;
Approved without change.
    EPA ICR Number 2332.03; NESHAP for Aluminum, Copper, and Other Non-
Ferrous Foundries; 40 CFR part 63 subparts A and ZZZZZZ; was approved
on 12/11/2012; OMB Number 2060-0630; expires on 12/31/2015; Approved
without change.
    EPA ICR Number 1285.08; Nonconformance Penalties for Heavy-Duty
Engines and Heavy-Duty Vehicles, including Light-Duty Trucks; 40 CFR
part 86 subpart L; was approved on 12/13/2012; OMB Number 2060-0132;
expires on 12/31/2015; Approved with change.
    EPA ICR Number 1803.06; Drinking Water State Revolving Fund Program
(Renewal); 40 CFR 35.3545, 35.3550 and 35.3570; was approved on 12/17/
2012; OMB Number 2040-0185; expires on 12/31/2015; Approved with
change.
    EPA ICR Number 0574.15; Pre-Manufacture Review Reporting and
Exemption Requirements for New Chemical Substances and Significant New
Use Reporting Requirements for Chemical Substances; 40 CFR parts 700,
720, 721, 723, 725; was approved on 12/21/2012; OMB Number 2070-0012;
expires on 12/31/2015; Approved without change.
    EPA ICR Number 1715.13; TSCA Section 402 and Section 404 Training
and Certification, Accreditation and Standards for Lead-Based Paint
Activities and Renovation, Repair, and Painting (Renewal); 40 CFR part
745; was approved on 12/21/2012; OMB Number 2070-0155; expires on 12/
31/2015; Approved with change.
    EPA ICR Number 1395.08; Emergency Planning and Release Notification
Requirements under Emergency Planning and Community Right-to-Know Act
Sections 302, 303, and 304 (Renewal); 40 CFR part 355; was approved on
12/27/2012; OMB Number 2050-0092; expires on 12/31/2015; Approved
without change.
    EPA ICR Number 1656.14; Risk Management Program Requirements and
Petitions to Modify the List of Regulated Substances under Section
112(r) of the Clean Air Act (Renewal); 40 CFR part 68; was approved on
12/27/2012; OMB Number 2050-0144; expires on 12/31/2015; Approved
without change.
    EPA ICR Number 1426.10; EPA Worker Protection Standards for
Hazardous Waste Operations and Emergency Response (Renewal); 40 CFR
part 311; was approved on 12/27/2012; OMB Number 2050-0105; expires on
12/31/2015; Approved without change.
    EPA ICR Number 2032.07; NESHAP for Hydrochloric Acid Production; 40
CFR part 63 subparts A and NNNNN; was approved on 12/27/2012; OMB
Number 2060-0529; expires on 12/31/2015; Approved without change.
    EPA ICR Number 0229.20; National Pollutant Discharge Elimination
System (NPDES) Program (Renewal); 40 CFR 122.21, 122.26, 122.41,
122.42, 122.44, 122.45, 122.47, 122.48, 122.62, 122.63, 123.21-123.29,
123.35, 123.43-123.45, 123.62-123.64, 124.5, 124.53, 124.54, 131.1,
131.5 and 131.21; 40 CFR part 132; 40 CFR 403.17 and 403.18; 40 CFR
parts 423, 430, 434, 435, 439 and 501; 40 CFR 465.03, 466.03 and
467.03; was approved on 12/27/2012; OMB Number 2040-0004; expires on
12/31/2015; Approved without change.
    EPA ICR Number 2034.05; NESHAP for the Wood Products Surface
Coating Industry; 40 CFR part 63 subparts A and QQQQ; was approved on
12/27/2012; OMB Number 2060-0510; expires on 12/31/2015; Approved
without change.
    EPA ICR Number 0113.11; NESHAP for Mercury; 40 CFR part 61 subparts
A and E; was approved on 12/27/2012; OMB Number 2060-0097; expires on
12/31/2015; Approved without change.
    EPA ICR Number 0663.11; NSPS for Beverage Can Surface Coating; 40
CFR part 60 subparts A and WW; was approved on 12/28/2012; OMB Number
2060-0001; expires on 12/31/2015; Approved without change.
    EPA ICR Number 1156.12; NSPS for Synthetic Fiber Production
Facilities; 40 CFR part 60 subparts A and HHH; was approved on 12/28/
2012; OMB Number 2060-0059; expires on 12/31/2015; Approved without
change.
    EPA ICR Number 0659.12; NSPS for Surface Coating of Large
Appliances; 40 CFR part 60 subparts A and SS; was approved on 12/28/
2012; OMB Number 2060-0108; expires on 12/31/2015; Approved without
change.
    EPA ICR Number 1894.07; NESHAP for Secondary Aluminum Production;
40 CFR part 63 subparts A and RRR; was approved on 12/28/2012; OMB
Number 2060-0433; expires on 12/31/2015; Approved without change.
    EPA ICR Number 2452.02; NESHAP for Pulp and Paper Production; 40
CFR part 63 subparts A and S; was approved on 12/28/2012; OMB Number
2060-0681; expires on 12/31/2015; Approved without change.
    EPA ICR Number 1611.10; NESHAP for Chromium Emissions from Hard and
Decorative Chromium Electroplating and Chromium Anodizing Tanks; 40 CFR
part 63 subparts A and N; was approved on 12/28/2012; OMB Number 2060-
0327; expires on 12/31/2015; Approved without change.
    EPA ICR Number 0649.11; NSPS for Metal Furniture Coating; 40 CFR
part 60 subparts A and EE; was approved on 12/28/2012; OMB Number 2060-
0106; expires on 12/31/2015; Approved without change.
    EPA ICR Number 1952.05; NESHAP for Metal Furniture Surface Coating;
40 CFR part 63 subparts A and RRRR; was approved on 12/28/2012; OMB
Number 2060-0518; expires on 12/31/2015; Approved without change.

John Moses,
Director, Collections Strategies Division.
[FR Doc. 2013-00865 Filed 1-16-13; 8:45 am]
BILLING CODE 6560-50-P


 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON D.C., 20460

OFFICE OF

PREVENTION, PESTICIDES AND

TOXIC SUBSTANCES

MEMORANDUM	DATE:  March 14, 2007

	PC CODE: 098801

	DP BARCODE: 336694

SUBJECT:	Revised Drinking Water Assessment for Chlorflurenol Growth
Regulator and Herbicide

TO:	Richard Griffin, Risk Assessor

	RB2 (7509C)

	Health Effects Division

FROM:	Ronald D. Parker, Ph.D. Senior Environmental Engineer

		Larry Liu, Ph.D. Chemist

ERB5 (7507C)

		Environmental Fate and Effects Division

THRU:	Mah Shamim, Branch Chief

ERB5 (7507C)

		Environmental Fate and Effects Division

EXECUTIVE SUMMARY:

This memo summarizes revision of estimated drinking water concentrations
(EDWCs) for Chlorflurenol Methyl Ester from surface water and
groundwater sources. Revision is necessary due to a substantial decrease
in the application rate and maximum number of applications on turf
grass. This revision replaces OPP document “Drinking Water Assessment
for Chlorflurenol Growth Regulator and Herbicide” issued on May 17,
2006, which is attached to this document as an appendix. Chlorflurenol
is a plant growth regulator (retardant) and herbicide. It retards the
growth of turf, trees, grass, shrubs, ornamentals, grassy weeds, conifer
release and non-agricultural rights-of way, and it controls broadleaf
weeds.

Surface water concentration values were estimated using the linked, EPA
PRZM and EXAMS environmental fate and transport models. Groundwater
concentrations were estimated using the Tier I SCIGROW model. See model
descriptions below. The environmental fate information for chlorflurenol
is still incomplete. Conservative default values have been substituted
for missing data in order to proceed with this assessment. The only
available environmental fate studies indicate that Chlorflurenol has a
Koc of 65 L/mg and is stable to hydrolysis at pH6. Both are classified
as supplemental. See Table 1 below. The OPP/EFED Florida turf scenario
was selected for this assessment as a reasonable worst case based on the
available usage and environmental fate information. It is likely that a
more complete database for this chemical would lead to reduced estimates
of Chlorflurenol concentrations in drinking water. For this assessment,
it was assumed that 1 single application of chlorflurenol were applied
to turf grass at a rate of 0.5 pounds active ingredient per acre which
is consistent with the revised label. See Table 3 below. The acute and
chronic ground water concentration of 42.7 ppb is the highest of the
estimated values. This would represent a maximum concentration in a
shallow, private well in a high usage area. Surface water concentrations
are acute: 9.4 ppb; chronic non-cancer: 5.0 ppb; and chronic cancer: 2.5
ppb. See Table 2 and Appendix 1 below.

Usage of Chlorflurenol

Chlorflurenol is an herbicide and plant growth regulator (PGR). Products
containing chlorflurenol methyl ester have been reported to exhibit
varying biological properties. For example, they retard growth of many
grasses and control broadleaf weeds and vines. Some products are
recommended for use on areas where regular mowing and trimming are
difficult. Such locations would include areas under security fences and
guard rails, around sign posts, delineator posts, culverts,
rights-of-way, median strips and ditches and steep banks. Some products
are intended for bark banding to inhibit tree growth, induce seedless
fruit set in all-female cultivars of pickling cucumbers, and are used
for control of broadleaf weeds in ornamental turfgrass. One product,
Maintain CF 125, produces vegetative planting material for pineapples
and is registered in Hawaii under Section 24(c) for use on pineapples
(see Reg. No.: 000400 HI-83-0011)

Identity of the Active Ingredient:

Chemical Name:		9H-Fluorene-9-carboxylic acid, 2-chloro-

				9-hydroxy-, methyl ester

Synonym:			Methyl 2-chloro-9-hydroxyfluorene-

				9-carboxylate

Common Names:		Chlorflurecol-methyl ester

				Chlorflurenol-methyl ester (ISO)

CAS Reg. No.:			2536-31-4

EPA Chemical Code:		098801

EPA Case Name:		Chlorflurenol, methyl ester

EPA Case Number:		2095

Chemical Structure:

  SEQ CHAPTER \h \r 1 Background Information on SCIGROW:

SCI-GROW is a screening model used by the EPA Office of Pesticide
Programs (OPP) to estimate pesticide concentrations in vulnerable ground
water. The model provides an exposure value that is used to determine
the potential risk to the environment and to human health from drinking
water contaminated with the pesticide. The SCI-GROW estimate is based on
environmental fate properties of the pesticide (aerobic soil degradation
half-life and linear adsorption coefficient normalized for soil organic
carbon content), the maximum application rate, and existing data from
small-scale prospective ground-water monitoring studies at sites with
sandy soils and shallow ground water.

Pesticide concentrations estimated by SCI-GROW represent conservative or
high-end exposure values because the model is based on ground-water
monitoring studies which were conducted by applying pesticides at
maximum allowed rates and frequency to vulnerable sites (i.e., shallow
aquifers, sandy, permeable soils, and substantial rainfall and/or
irrigation to maximize leaching). In most cases, a large majority of the
use areas will have ground water that is less vulnerable to
contamination than the areas used to derive the SCI-GROW estimate.

The SCI-GROW value is likely to be exceeded only under exceptional
circumstances in a small percentage of the use area. No more than a few
percent of U.S. agricultural land consists of sandy soils overlying
shallow ground water like those selected for reasonable worst-case,
small-scale prospective groundwater monitoring studies (source: STATSGO
soils database).

Background Information on Linked PRZM/EXAMS Models

The linked EPA PRZM-EXAMS models estimate aquatic concentrations in a
one hectare pond that is two meters deep next to a ten hectare plot. The
pond receives simulated drift, runoff and eroded soil from the adjacent
field.  PRZM models terrestrial pesticide fate and transport and EXAMS
models the aquatic portion.

The Pesticide Root Zone Model (PRZM) is a one-dimensional, dynamic,
compartmental model that can be used to simulate chemical movement in
unsaturated soil systems within and immediately below the plant root
zone.  It has two major components: hydrology (and hydraulics) and
chemical transport. The hydrologic component for calculating runoff and
erosion is based on the Soil Conservation Service curve number technique
and the Universal Soil Loss Equation. Evapotranspiration is estimated
either directly from pan evaporation data, or based on an empirical
formula. Evapotranspiration is divided among evaporation from crop
interception, evaporation from soil, and transpiration by the crop.
Water movement is simulated by the use of generalized soil parameters,
including field capacity, wilting point, and saturation water content.

Exposure Analysis Modeling System (EXAMS) is a model that can receive
progressive PRZM runoff concentration output to further predict aquatic
pesticide concentrations in a simulated pond.  The predicted
concentrations over the period of time (usually 30 years) can be
averaged over time to produce peak and time averaged concentrations that
take into account aquatic degradation.

Table 1. Input Parameters for PRZM/EXAMS and SCIGROW Models

Parameter

Input

Source

Hydrolysis t1/2 @ pH 7 (days)	Stable	EFED Default

Aerobic soil t1/2 (days)	Stable	EFED Default

Aerobic aquatic t1/2 (days) 	Stable	EFED Default

Photolysis t1/2 in water (days)	Stable	EFED Default

Organic carbon partition coefficient - Koc (mL/g)	65 @ pH6	MRID 43496202

Application rates (lb a.i./Acre)	0.5 lbs a.i./acre	Label maximum rate

Applications / year

1	Typical maximum number applications

Application spacing

N/A	Label minimum spacing

Table 2. Simulated drinking water concentrations for surface and ground
water.

Model	Chlorflurenol Drinking Water Concentration (ppb)

Exposure Duration	Acute

	Chronic

Non-cancer	Chronic

Cancer

Annual Rate & (Number) of Applications 	0.5(1)	0.5(1)	0.5(1)

PRZM/EXAMS

(Surface Water)	9.4	5.0	2.5

SCIGROW

(Ground Water)	42.7	42.7	42.7

    Table 3. Chloroflurenol Uses and Application Rates

Crop	Formulation	Max. Application Rate	Application Interval
Applications   per Year

Commercial and Agricultural Uses

Turf:  ornamental and lawns (including golf courses and parks)

liquid	0.5 lb ai/acre

1

Turf  ornamental and lawns (including golf courses and parks)	granular
0.25 lb ai/acre

1

Weed Turf:

growing in culverts, ROW, median strips, ditches, under security fences
liquid	1.0 lb ai/acre

1

  Weed Hardwoods: growing under utility lines, as screens or ground
cover, adjacent to highways

liquid	1.0 lb ai/acre

1

Weed Hedges/Vines: growing under utility lines as screens or ground
cover, ROW, hedgerows

liquid	1.0 lb ai/acre

1

Weed Gymnosperms	liquid	0.25 lb ai/acre

1

Trees:

bark banding to inhibit growth

liquid	depends on trunk diameter & tree type

1

Ornamental/Shade Trees (e.g., olives, oranges)	liquid	1.0 lb ai/acre

1

High Density Forestry Management	liquid	2.0 lb ai/acre

1

Pineapple plants:

for plant material production (non food use)	liquid	1.0 lb ai/acre	A 2nd
application may be made after an interval of 10-12 days.  Apply to
mature pineapple plants at time of forcing, and 6 months prior to
desired planting material harvest.   	2

Residential Uses

Turf:  lawns

granular	0.25 lb ai/acre	45 days

	2

Voluntarily Cancelled Uses: Turf on sod farms

Appendix 1. PRZM/EXAMS and SCIGROW Output Files

stored as FLTurfIR2.out

Chemical: Chlorflurenol

PRZM environment: FLturfC.txt	modified Monday, 16 June 2003 at 12:48:06

EXAMS environment: ir298.exv	modified Thuday, 29 August 2002 at 14:34:12

Metfile: w12834.dvf	modified Wedday, 3 July 2002 at 08:04:28

Water segment concentrations (ppb)

Year	Peak	96 hr	21Day	60Day	90Day	Yearly

1961	1.022	1.013	0.976	0.911	0.885	0.5471

1962	1.321	1.309	1.263	1.168	1.103	0.8602

1963	1.655	1.644	1.599	1.487	1.437	1.084

1964	1.88	1.864	1.801	1.731	1.677	1.163

1965	2.006	1.989	1.921	1.78	1.7	1.224

1966	9.927	9.839	9.483	9.071	8.683	5.088

1967	6.225	6.175	5.976	5.562	5.267	3.941

1968	3.317	3.292	3.189	2.97	2.824	2.21

1969	2.04	2.023	1.957	1.818	1.786	1.363

1970	3.435	3.406	3.286	3.114	2.962	1.885

1971	3.906	3.873	3.739	3.491	3.318	2.184

1972	5.063	5.02	4.846	4.484	4.237	2.741

1973	2.631	2.613	2.551	2.431	2.38	1.735

1974	5.212	5.167	4.984	4.606	4.353	2.707

1975	3.834	3.803	3.693	3.428	3.244	2.286

1976	8.419	8.347	8.05	7.461	7.05	4.253

1977	3.492	3.466	3.358	3.129	2.99	2.407

1978	7.719	7.654	7.391	6.854	6.492	4.388

1979	11.21	11.12	10.73	9.92	9.375	5.941

1980	4.003	3.983	3.862	3.783	3.678	2.807

1981	3.034	3.009	2.943	2.743	2.656	1.93

1982	4.965	4.944	4.845	4.59	4.432	2.857

1983	7.416	7.353	7.108	6.605	6.243	3.962

1984	9.544	9.483	9.157	8.48	8.027	5.044

1985	4.463	4.429	4.288	4.043	3.94	3.017

1986	2.444	2.426	2.348	2.185	2.071	1.49

1987	3.207	3.18	3.092	2.873	2.748	1.817

1988	3.936	3.903	3.767	3.486	3.308	2.128

1989	2.185	2.168	2.104	1.957	1.928	1.464

1990	1.754	1.74	1.682	1.583	1.504	1.026

Sorted results

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

0.032258064516129	11.21	11.12	10.73	9.92	9.375	5.941

0.064516129032258	9.927	9.839	9.483	9.071	8.683	5.088

0.096774193548387	9.544	9.483	9.157	8.48	8.027	5.044

0.129032258064516	8.419	8.347	8.05	7.461	7.05	4.388

0.161290322580645	7.719	7.654	7.391	6.854	6.492	4.253

0.193548387096774	7.416	7.353	7.108	6.605	6.243	3.962

0.225806451612903	6.225	6.175	5.976	5.562	5.267	3.941

0.258064516129032	5.212	5.167	4.984	4.606	4.432	3.017

0.290322580645161	5.063	5.02	4.846	4.59	4.353	2.857

0.32258064516129	4.965	4.944	4.845	4.484	4.237	2.807

0.354838709677419	4.463	4.429	4.288	4.043	3.94	2.741

0.387096774193548	4.003	3.983	3.862	3.783	3.678	2.707

0.419354838709677	3.936	3.903	3.767	3.491	3.318	2.407

0.451612903225806	3.906	3.873	3.739	3.486	3.308	2.286

0.483870967741936	3.834	3.803	3.693	3.428	3.244	2.21

0.516129032258065	3.492	3.466	3.358	3.129	2.99	2.184

0.548387096774194	3.435	3.406	3.286	3.114	2.962	2.128

0.580645161290323	3.317	3.292	3.189	2.97	2.824	1.93

0.612903225806452	3.207	3.18	3.092	2.873	2.748	1.885

0.645161290322581	3.034	3.009	2.943	2.743	2.656	1.817

0.67741935483871	2.631	2.613	2.551	2.431	2.38	1.735

0.709677419354839	2.444	2.426	2.348	2.185	2.071	1.49

0.741935483870968	2.185	2.168	2.104	1.957	1.928	1.464

0.774193548387097	2.04	2.023	1.957	1.818	1.786	1.363

0.806451612903226	2.006	1.989	1.921	1.78	1.7	1.224

0.838709677419355	1.88	1.864	1.801	1.731	1.677	1.163

0.870967741935484	1.754	1.74	1.682	1.583	1.504	1.084

0.903225806451613	1.655	1.644	1.599	1.487	1.437	1.026

0.935483870967742	1.321	1.309	1.263	1.168	1.103	0.8602

0.967741935483871	1.022	1.013	0.976	0.911	0.885	0.5471

0.1			9.432	9.369	9.046	8.378	7.929	4.9784

			Average of yearly averages:	2.5183

Inputs generated by pe4.pl - 8-August-2003

Data used for this run:

Output File: FLTurfIR2

Metfile:	w12834.dvf

PRZM scenario:	FLturfC.txt

EXAMS environment file:	ir298.exv

Chemical Name:	Chlorflurenol

Description	Variable Name	Value	Units	Comments

Molecular weight	mwt	300	g/mol

Henry's Law Const.	henry	3.0e-8	atm-m^3/mol

Vapor Pressure	vapr	3.0e-10	torr

Solubility	sol	18	mg/L

Kd	Kd		mg/L

Koc	Koc	65	mg/L

Photolysis half-life	kdp	0.0	days	Half-life

Aerobic Aquatic Metabolism	kbacw	0.0	days	Halfife

Anaerobic Aquatic Metabolism	kbacs	0.0	days	Halfife

Aerobic Soil Metabolism	asm	1000000	days	Halfife

Hydrolysis:	pH 5	0.0	days	Half-life

Hydrolysis:	pH 7	0.0	days	Half-life

Hydrolysis:	pH 9	0.0	days	Half-life

Method:	CAM	2	integer	See PRZM manual

Incorporation Depth:	DEPI		cm

Application Rate:	TAPP	.5604	kg/ha

Application Efficiency:	APPEFF	.99	fraction

Spray Drift	DRFT	.05	fraction of application rate applied to pond

Application Date	Date	01-03	dd/mm or dd/mmm or dd-mm or dd-mmm

Record 17:	FILTRA

	IPSCND	1

	UPTKF

Record 18:	PLVKRT

	PLDKRT

	FEXTRC	0.5

Flag for Index Res. Run	IR	IR

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

SCIGROW Output File.

				SCIGROW

                     VERSION 2.2: NOVEMBER 1, 2001

   RUN No.   1 FOR Chlorflurenol       ** INPUT VALUES **

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

    APP RATE   APPS/   TOTAL/     SOIL   AEROBIC SOIL METAB

    (LBS/AC)    YEAR    SEASON    KOC       HALFLIFE (DAYS)

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

      0.500             1            0.50            65.0
100000.00

   GROUND-WATER SCREENING CONCENTRATION (IN UG/L - PPB)

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

                                                  42.742340

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

Appendix 2. Drinking Water Assessment for Chlorflurenol Growth Regulator
and Herbicide, May 17, 2006

 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON D.C., 20460

OFFICE OF

PREVENTION, PESTICIDES AND

TOXIC SUBSTANCES

MEMORANDUM	DATE:  May 17, 2006

	PC CODE: 098801

	DP BARCODE: 323825

SUBJECT:	Drinking Water Assessment for Chlorflurenol Growth Regulator
and Herbicide

TO:	Richard Griffin, Risk Assessor

	RB2 (7509C)

	Health Effects Division

FROM:	Ronald D. Parker, Ph.D. Senior Environmental Engineer

ERB5 (7507C)

		Environmental Fate and Effects Division

THRU:	Mah Shamim, Branch Chief

ERB5 (7507C)

		Environmental Fate and Effects Division

EXECUTIVE SUMMARY:

This memo summarizes estimated drinking water concentrations (EDWCs) for
Chlorflurenol Methyl Ester from surface water and groundwater sources.
Chlorflurenol is a plant growth regulator (retardant) and herbicide. It
retards the growth of turf, trees, grass, shrubs, ornamentals, grassy
weeds, conifer release and non-agricultural rights-of way, and it
controls broadleaf weeds.

Groundwater concentrations were estimated using the Tier I SCIGROW
model. Surface water concentration values were estimated using the
linked, Tier II PRZM and EXAMS models. See model descriptions below. The
environmental fate information for chlorflurenol is incomplete.
Conservative default values have been substituted for missing data in
order to proceed with this assessment. The only acceptable environmental
fate studies indicate that Chlorflurenol has a Koc in the range of 65
L/mg and is stable to hydrolysis. See Table 1 below. The OPP/EFED
Florida turf scenario was selected for this assessment as a reasonable
worst case based on the available usage and environmental fate
information. It is likely that a more complete database for this
chemical would lead to reduced estimates of Chlorflurenol concentrations
in drinking water. For this assessment, it was assumed that 8
applications of chlorflurenol were applied to turf grass at a rate of
3.0 pounds active ingredient per acre with a 28-day spacing between
applications. See Table 3 below. The acute and chronic ground water
concentration of 2050 ppb (2.05 ppm) is the highest of the estimated
values. This would represent a maximum concentration in a shallow,
private well in a high usage area. Surface water concentrations are
acute: 386 ppb; chronic non-cancer: 236 ppb; and chronic cancer: 176
ppb. See Tables 2, 4 and 5 below.

Usage of Chlorflurenol

Chlorflurenol is an herbicide and plant growth regulator (PGR). Products
containing chlorflurenol methyl ester have been reported to exhibit
varying biological properties. For example, they retard growth of many
grasses and control broadleaf weeds and vines. Some products are
recommended for use on areas where regular mowing and trimming are
difficult. Such locations would include areas under security fences and
guard rails, around sign posts, delineator posts, culverts,
rights-of-way, median strips and ditches and steep banks. Some products
are intended for bark banding to inhibit tree growth, induce seedless
fruit set in all-female cultivars of pickling cucumbers, and are used
for control of broadleaf weeds in ornamental turfgrass. One product,
Maintain CF 125, produces vegetative planting material for pineapples
and is registered in Hawaii under Section 24(c) for use on pineapples
(see Reg. No.: 000400 HI-83-0011)

Identity of the Active Ingredient:

Chemical Name:		9H-Fluorene-9-carboxylic acid, 2-chloro-

				9-hydroxy-, methyl ester

Synonym:			Methyl 2-chloro-9-hydroxyfluorene-

				9-carboxylate

Common Names:		Chlorflurecol-methyl ester

				Chlorflurenol-methyl ester (ISO)

CAS Reg. No.:			2536-31-4

EPA Chemical Code:		098801

EPA Case Name:		Chlorflurenol, methyl ester

EPA Case Number:		2095

Chemical Structure:

  SEQ CHAPTER \h \r 1 Background Information on SCIGROW:

SCI-GROW is a screening model used by the EPA Office of Pesticide
Programs (OPP) to estimate pesticide concentrations in vulnerable ground
water. The model provides an exposure value that is used to determine
the potential risk to the environment and to human health from drinking
water contaminated with the pesticide. The SCI-GROW estimate is based on
environmental fate properties of the pesticide (aerobic soil degradation
half-life and linear adsorption coefficient normalized for soil organic
carbon content), the maximum application rate, and existing data from
small-scale prospective ground-water monitoring studies at sites with
sandy soils and shallow ground water.

Pesticide concentrations estimated by SCI-GROW represent conservative or
high-end exposure values because the model is based on ground-water
monitoring studies which were conducted by applying pesticides at
maximum allowed rates and frequency to vulnerable sites (i.e., shallow
aquifers, sandy, permeable soils, and substantial rainfall and/or
irrigation to maximize leaching). In most cases, a large majority of the
use areas will have ground water that is less vulnerable to
contamination than the areas used to derive the SCI-GROW estimate.

The SCI-GROW value is likely to be exceeded only under exceptional
circumstances in a small percentage of the use area. No more than a few
percent of U.S. agricultural land consists of sandy soils overlying
shallow ground water like those selected for reasonable worst-case,
small-scale prospective groundwater monitoring studies (source: STATSGO
soils database).

Background Information on Linked PRZM/EXAMS Models

The linked EPA PRZM-EXAMS models estimate aquatic concentrations in a
one hectare pond that is two meters deep next to a ten hectare plot. The
pond receives simulated drift, runoff and eroded soil from the adjacent
field.  PRZM models terrestrial pesticide fate and transport and EXAMS
models the aquatic portion.

The Pesticide Root Zone Model (PRZM) is a one-dimensional, dynamic,
compartmental model that can be used to simulate chemical movement in
unsaturated soil systems within and immediately below the plant root
zone.  It has two major components: hydrology (and hydraulics) and
chemical transport. The hydrologic component for calculating runoff and
erosion is based on the Soil Conservation Service curve number technique
and the Universal Soil Loss Equation. Evapotranspiration is estimated
either directly from pan evaporation data, or based on an empirical
formula. Evapotranspiration is divided among evaporation from crop
interception, evaporation from soil, and transpiration by the crop.
Water movement is simulated by the use of generalized soil parameters,
including field capacity, wilting point, and saturation water content.

Exposure Analysis Modeling System (EXAMS) is a model that can receive
progressive PRZM runoff concentration output to further predict aquatic
pesticide concentrations in a simulated pond.  The predicted
concentrations over the period of time (usually 30 years) can be
averaged over time to produce peak and time averaged concentrations that
take into account aquatic degradation.

Table 1. Input Parameters for PRZM/EXAMS and SCIGROW Models

Parameter

Input

Source

Hydrolysis t1/2 @ pH 7 (days)

Stable

MRID 43496201

Aerobic soil t1/2 (days)

Stable

EFED Default

Aerobic aquatic t1/2 (days)

Stable

EFED Default

Photolysis t1/2 in water (days)

Stable

EFED Default

Organic carbon partition coefficient - Koc (mL/g)

65

MRID 43496202

Application rates (lb a.i./Acre)	3.0 lbs a.i./acre

Label maximum rate

Applications / year

8	Typical maximum number applications

Application spacing

28	Label minimum spacing

Table 2. Simulated drinking water concentrations for surface and ground
water.

Model	Chlorflurenol Drinking Water Concentration (ppb)

Exposure Duration	Acute

	Chronic

Non-cancer	Chronic

Cancer

No Annual Turf Applications 	8	8	8

PRZM/EXAMS

(Surface Water)	386	236	176

SCIGROW

(Ground Water)	2050	2050	2050

Table 3. Chloroflurenol Uses and Application Rates

Chloroflurenol:  Uses and Application Rates

Crop	EPA Reg. No.	Max. Application Rate	Specific Instructions Regarding
Intervals	Likely Applications per Unit Area per Year	Likely Applications
by Occupational or Residential Applicator per Year

Occupational Uses

Turf:  ornamental and lawns	69361-1

water dispersible solution	1.0 lb ai/acre	Apply when weeds are actively
growing	8 (FL)	40 (FL)

	69361-3

dry	0.26 lb ai/acre	Wait at least 4 weeks before 2nd application

Apply anytime weeds actively growing and temp is >60°F	8 (FL)	40 (FL)

	69361-6

liquid	3.0 lb ai/acre	Apply when grass just beginning to green up.
Apply throughout growing season.	8(FL)	40 (FL)

Turf:  golf courses	69361-1

water dispersible solution	1.0 lb ai/acre	Apply when weeds are actively
growing	8 (FL)	40 (FL)

Weed Turf:

growing in culverts, ROW, median strips, ditches, under security fences
69361-6

liquid	3.0 lb ai/acre	Apply throughout growing season	6	60

Weed Hardwoods:

growing under utility lines, as screens or ground cover, adjacent to
highways	69361-6

liquid	1.0 lb ai/100 gallons	Retards growth up to 1 year	1	10

Weed Hedges:

growing under utility lines, as screen	69361-6

liquid	1.0 lb ai/100 gallons	Retards growth up to 2 months	6	60

Weed Vines

growing under utility lines, as screens or ground cover, ROW, hedgerows
69361-6

liquid	1.0 lb ai/100 gallons	Retards growth up to 6 months	2	20

Weed Gymnosperms	69361-6

liquid	0.25 lb ai/100 gallons	Must be treated before buds expand	1	10

Trees:

bark banding to inhibit growth	69361-6

liquid	depends on trunk diameter & tree type

1	10

Agricultural Uses

Turf:  sod farms	69361-6

liquid	3.0 lb ai/acre	Apply throughout growing season beginning when
turf is just beginning to green up. (REI 48 hours)	6	30

Pineapple plants:

for plant material production (non food use)	69361-6 (SLN)

liquid	1.0 lb ai/acre	A 2nd application may be made after an interval of
10-12 days.  Apply to mature pineapple plants at time of forcing, and 6
months prior to desired planting material harvest.   	2	10

Residential Uses

Turf:  lawns	69361-3

dry	0.26 lb ai/acre	Wait at least 4 weeks before 2nd application

Apply anytime weeds actively growing and temp is >60°F	6	6

Table 4. PRZM/EXAMS Output File

Stored as FLTurfIR.out

Chemical: Chlorflurenol

PRZM environment: FLturfC.txt	modified Monday, 16 June 2003 at 14:48:06

EXAMS environment: ir298.exv	modified Thuday, 29 August 2002 at 15:34:12

Metfile: w12834.dvf	modified Wedday, 3 July 2002 at 10:04:28

Water segment concentrations (ppb)

Year	Peak	96 hr	21 Day	60 Day	90 Day	Yearly

1961	126	125	121	117	112	53.93

1962	278	276	267	248	234	133

1963	286	284	275	268	262	201

1964	289	287	281	266	266	217

1965	218	216	211	203	197	162

1966	445	443	432	423	418	267

1967	390	387	375	349	331	260

1968	292	290	281	269	267	227

1969	402	399	386	359	339	216

1970	272	270	262	244	237	190

1971	213	212	205	195	190	150

1972	284	282	274	259	250	196

1973	262	260	252	235	222	177

1974	336	334	323	300	284	200

1975	261	259	251	234	222	193

1976	354	352	340	316	300	236

1977	293	291	282	268	256	210

1978	279	277	270	257	254	219

1979	270	268	262	250	239	207

1980	184	183	178	166	160	148

1981	158	156	152	147	142	112

1982	227	225	219	215	211	166

1983	263	261	258	249	240	193

1984	309	307	297	276	270	232

1985	218	216	210	196	189	166

1986	194	193	188	182	181	136

1987	177	175	170	163	159	141

1988	113	112	109	107	104	99.33

1989	103	102	99.08	96.51	94.54	81.82

1990	123	122	118	114	110	77.43

Sorted results

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

0.032258064516129	445	443	432	423	418	267

0.0645161290322581	402	399	386	359	339	260

0.0967741935483871	390	387	375	349	331	236

0.129032258064516	354	352	340	316	300	232

0.161290322580645	336	334	323	300	284	227

0.193548387096774	309	307	297	276	270	219

0.225806451612903	293	291	282	269	267	217

0.258064516129032	292	290	281	268	266	216

0.290322580645161	289	287	281	268	262	210

0.32258064516129	286	284	275	266	256	207

0.354838709677419	284	282	274	259	254	201

0.387096774193548	279	277	270	257	250	200

0.419354838709677	278	276	267	250	240	196

0.451612903225806	272	270	262	249	239	193

0.483870967741936	270	268	262	248	237	193

0.516129032258065	263	261	258	244	234	190

0.548387096774194	262	260	252	235	222	177

0.580645161290323	261	259	251	234	222	166

0.612903225806452	227	225	219	215	211	166

0.645161290322581	218	216	211	203	197	162

0.67741935483871	218	216	210	196	190	150

0.709677419354839	213	212	205	195	189	148

0.741935483870968	194	193	188	182	181	141

0.774193548387097	184	183	178	166	160	136

0.806451612903226	177	175	170	163	159	133

0.838709677419355	158	156	152	147	142	112

0.870967741935484	126	125	121	117	112	99.33

0.903225806451613	123	122	118	114	110	81.82

0.935483870967742	113	112	109	107	104	77.43

0.967741935483871	103	102	99.08	96.51	94.54	53.93

0.1	                    386.4    383.5      371.5	345.7	327.9	235.6

Average of yearly averages:	175.6

Inputs generated by pe4.pl - 8-August-2003

Data used for this run:

Output File: FLTurfIR

Metfile:	w12834.dvf

PRZM scenario:	FLturfC.txt

EXAMS environment file:	ir298.exv

Chemical Name:	Chlorflurenol

Description	Variable Name	Value	Units	Comments

Molecular weight	mwt	300	g/mol

Henry's Law Const.	henry	3.0e-10	atm-m^3/mol

Vapor Pressure	vapr	3.0e-8	torr

Solubility	sol	 18	mg/L

Kd	Kd		mg/L

Koc	Koc	65	mg/L

Photolysis half-life	kdp	0.0	days	Half-life

Aerobic Aquatic Metabolism	kbacw	0.0	days	Halfife

Anaerobic Aquatic Metabolism	kbacs	0.0	days	Halfife

Aerobic Soil Metabolism	asm	1000000	days	Halfife

Hydrolysis:	pH 5	0.0	days	Half-life

Hydrolysis:	pH 7	0.0	days	Half-life

Hydrolysis:	pH 9	0.0	days	Half-life

Method:	CAM	2	integer	See PRZM manual

Incorporation Depth:	DEPI		cm

Application Rate:	TAPP	3.37	kg/ha

Application Efficiency:	APPEFF	.99	fraction

Spray Drift	DRFT	.05	fraction of application rate applied to pond

Application Date	Date	01-03	dd/mm or dd/mmm or dd-mm or dd-mmm

Interval 1	interval	28	days	Set to 0 or delete line for single app.

Interval 2	interval	28	days	Set to 0 or delete line for single app.

Interval 3	interval	28	days	Set to 0 or delete line for single app.

Interval 4	interval	28	days	Set to 0 or delete line for single app.

Interval 5	interval	28	days	Set to 0 or delete line for single app.

Interval 6	interval	28	days	Set to 0 or delete line for single app.

Interval 7	interval	28	days	Set to 0 or delete line for single app.

Record 17:	FILTRA

	IPSCND	1

	UPTKF

Record 18:	PLVKRT

	PLDKRT

	FEXTRC	0.5

Flag for Index Res. Run	IR	IR

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

Table 5. SCIGROW Output File.

				SCIGROW

                     VERSION 2.2: NOVEMBER 1, 2001

   RUN No.   1 FOR Chlorflurenol       ** INPUT VALUES **

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

    APP RATE   APPS/   TOTAL/     SOIL   AEROBIC SOIL METAB

    (LBS/AC)    YEAR    SEASON    KOC       HALFLIFE (DAYS)

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

      3.000             8             24             65.0
100000.00

   GROUND-WATER SCREENING CONCENTRATION (IN UG/L - PPB)

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

                                                  2051.633000

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


[Federal Register: July 30, 2008 (Volume 73, Number 147)]
[Notices]
[Page 44303-44305]
[DOCID:fr30jy08-116]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58224; File No. SR-ISE-2007-94]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Order Granting Accelerated Approval of a Proposed Rule Change as
Modified by Amendments No. 1 and 3 Thereto Relating to Reduction of
Certain Order Handling and Exposure Periods From Three Seconds to One
Second

July 25, 2008.

I. Introduction

    On October 5, 2007, the International Securities Exchange, LLC
(``ISE'' or ``Exchange''), filed with the Securities and Exchange
Commission (``Commission'') pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to reduce certain order exposure
times from three seconds to one second. On December 4, 2007, ISE filed
Amendment

No. 1 to the proposed rule change. On May 22, 2008, ISE filed Amendment
No. 2 to the proposed rule change and withdrew this Amendment on May
29, 2008. On June 23, 2008, ISE filed Amendment No. 3 to the proposed
rule change. The proposed rule change, as modified by Amendments No. 1
and 3, was published for comment in the Federal Register on July 3,
2008.\3\ The Commission received one comment on the proposal.\4\ This
order approves the proposed rule change, as modified by Amendments No.
1 and 3, on an accelerated basis.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(l).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 58041 (June 26,
2008), 73 FR 38263 (``Notice'').
    \4\ See letter from Lisa J. Fall, General Counsel, Boston
Options Exchange (``BOX''), to Nancy M. Morris, Secretary,
Commission, dated May 14, 2008 (``BOX Comment'').
---------------------------------------------------------------------------

II. Description of the Proposal

    The Exchange proposes to reduce the order handling and exposure
periods contained in Exchange Rules 716 (Block Trades), 717
(Limitations on Orders), 723 (Price Improvement Mechanism for Crossing
Transactions), and 811 (Directed Orders) from three seconds to one
second.
    Rule 716 contains the requirements applicable to the execution of
orders using the Block Order Mechanism, Facilitation Mechanism, and
Solicited Order Mechanism. The Block Order Mechanism allows members to
obtain liquidity for the execution of a block-size order, whereas the
Facilitation and Solicited Order Mechanisms allow members to enter
block-size cross transactions. Rule 723 contains the requirements
applicable to the execution of orders using the Price Improvement
Mechanism (``PIM''). The PIM allows members to enter cross transactions
of any size. Orders entered into any of these mechanisms currently are
exposed to all market participants for three seconds, giving
participants an opportunity to enter additional trading interest before
the orders are automatically executed.
    Rule 717 requires members to expose agency orders to the
marketplace before executing them as principal \5\ or executing them
against orders solicited from other members.\6\ Under Rule 717, an
order can be exposed either by entering it onto the Exchange and
waiting at least three seconds before entering the contra-side
proprietary or solicited order, or by utilizing the various mechanisms
that have an exposure period built into the functionality.
---------------------------------------------------------------------------

    \5\ Rule 717(d).
    \6\ Rule 717(e). The Exchange proposes to make a non-substantive
clean-up of Rule 717(e) to specify that members can use the
Facilitation Mechanism to execute solicited crosses. The
Facilitation Mechanism rule was amended earlier this year to allow
members to enter solicited crosses, and Rule 717(e) should have been
updated at that time. See Securities Exchange Act Release No. 55557
(March 29, 2007), 72 FR 16838 (April 5, 2007).
---------------------------------------------------------------------------

    Rule 811 contains the requirements applicable to the handling and
execution of Directed Orders. A Directed Market Maker is required to
enter Directed Orders into the PIM or release the order to the
Exchange's limit order book within three seconds of receipt.\7\
Additionally, there are three instances when a Directed Order is
exposed to all market participants for three seconds after being
released to the Exchange's limit order book: (i) Before a Directed
Order is matched against the Directed Market Maker at the national best
bid or offer (``NBBO''); \8\ (ii) before executing a Directed Order
against the Directed Market Maker's Guarantee; \9\ and (iii) before
being given to the Primary Market Maker for handling where the Directed
Market Maker is also the Primary Market Maker.\10\ Finally, if a
Directed Order is placed on the Exchange's limit order book, the
Directed Market Maker is not permitted to enter a proprietary order to
execute against the Directed Order during the three seconds following
the release of the Directed Order.
---------------------------------------------------------------------------

    \7\ Rule 811(c)(3). If the Directed Market Maker fails to do so
within three seconds, the Exchange's system automatically releases
the order. Rule 811(c)(3)(ii).
    \8\ If a Directed Market Maker is quoting at the NBBO at the
time it releases a Directed Order, the Directed Market Maker is last
in priority, and the order is exposed to all market participants
before the Directed Order is executed against the Directed Market
Maker's quote.
    \9\ If the Directed Market Maker is quoting at the NBBO on the
opposite side of the market from a Directed Order at the time the
Directed Order is received by the Directed Market Maker, and the
Directed Order is marketable, the Exchange's system will
automatically guarantee execution of the Directed Order against the
Directed Market Maker at the price and the size of the Directed
Market Maker's quote. Rule 811(d).
    \10\ As provided in Rule 714, when the Exchange's best bid or
offer is inferior to another exchange, incoming marketable customer
orders are handled by the Primary Market Maker pursuant to Rule
803(c), which requires the Primary Market Maker to either execute
the order at a price that matches the NBBO or attempt to obtain the
better price for the customer according to the Linkage rules
contained in Chapter 19.
---------------------------------------------------------------------------

    Under the proposal, all of the three-second exposure periods
referred to above would be reduced to one second.
    The Commission received one comment letter regarding the proposed
rule change.\11\ The commenter expresses concern that the combined
effect of the proposed rule change and another ISE proposal \12\ would
lead to greater rates of internalization and reduced amounts of price
improvement being made available to public customers on ISE, especially
to small orders under 50 contracts.\13\
---------------------------------------------------------------------------

    \11\ See BOX Comment, supra note 4.
    \12\ The BOX Comment, supra note 4, was submitted in connection
with SR-ISE-2008-29. In SR-ISE-2008-29, the ISE proposed to allow
members to enter orders into the PIM at a price that matches the
NBBO when the ISE market is inferior to the NBBO. The Commission
approved SR-ISE-2008-29. See Securities Exchange Act Release No.
57847 (May 21, 2008), 73 FR 30987 (May 29, 2008).
    \13\ See BOX Comment, supra note 4.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    After carefully reviewing the proposed rule change and the comment
submitted, the Commission finds that the proposal is consistent with
the requirements of the Act and the rules and regulations thereunder
applicable to a national securities exchange.\14\ In particular, the
Commission finds that the proposed rule change is consistent with
Section 6(b)(5) of the Act,\15\ which, among other things, requires
that the rules of a national securities exchange be designed to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest. The Commission also finds
that the proposed rule change is consistent with Section 6(b)(8) of the
Act,\16\ which requires that the rules of an exchange not impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \14\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \15\ 15 U.S.C. 78f(b)(5).
    \16\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    The Commission believes that, given the electronic environment on
ISE, reducing each of the exposure periods from three seconds to one
second as proposed could facilitate the prompt execution of orders,
while continuing to provide market participants with an opportunity to
compete for exposed bids and offers. To substantiate that ISE members
could receive, process, and communicate a response back to the Exchange
within one second, the Exchange stated that it distributed a survey to
ISE members that regularly participate in orders executed through the
mechanisms that would be affected by the proposal. ISE stated that the
survey results indicated that it typically takes, at most, 110
milliseconds, for members to receive, process, and

respond to broadcast messages related to the various mechanisms.
According to the ISE, members who responded to the survey also
indicated that reducing the exposure period to one second would not
impair their ability to participate in orders executed through the
mechanisms.\17\ Accordingly, the Commission believes that it is
consistent with the Act for ISE to reduce the order handling and
exposure times discussed herein from three seconds to one second.
---------------------------------------------------------------------------

    \17\ The ISE stated that all of the eight members that responded
to the specific timing questions, and two of the three members that
did not answer the specific timing questions, indicated that
reducing the crossing exposure timer to one second would not impair
their ability to participate in ISE crossing orders. The ISE stated
that one member responded that it could not measure the specific
times and indicated that it would prefer to keep the exposure
periods at three seconds. See Notice.
---------------------------------------------------------------------------

    The Commission does not agree with the concerns raised by the
commenter. Based on the ISE's statements regarding the survey results,
the Commission believes that market participants should continue to
have opportunities to compete for exposed bids and offers within a one
second exposure period.
    The Commission finds good cause to approve the proposed rule change
prior to the thirtieth day after publication for comment in the Federal
Register. The Commission notes that the proposed rule change was
noticed for the full comment period and no additional comments were
received.\18\ The Commission also notes that the proposed rule change
is substantially similar to a recently approved proposal submitted by
the Chicago Board Options Exchange, Incorporated \19\ and the
Commission believes that ISE has provided reasonable support for ISE's
belief that ISE market participants would continue to have an
opportunity to compete for exposed bids and offers if exposure periods
were reduced to one second. Therefore, the Commission finds good cause,
consistent with Section 19(b)(2) of the Act,\20\ to approve the
proposed rule change on an accelerated basis.
---------------------------------------------------------------------------

    \18\ The BOX Letter was received prior to the publication of the
Notice. See BOX Comment, supra note 4.
    \19\ See Securities Exchange Act Release No. 58088 (July 2,
2008), 73 FR 39747 (July 10, 2008).
    \20\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\21\ that the proposed rule change (SR-ISE-2007-94), as modified by
Amendments No. 1 and 3, be, and hereby is, approved on an accelerated
basis.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
---------------------------------------------------------------------------

    \22\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-17440 Filed 7-29-08; 8:45 am]

BILLING CODE 8010-01-P