For EPA Use Only ID # ______________ SECTOR _________________________

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D. C. 20460 Under the Clean Air Act and the international treaty to protect the ozone layer ( the Montreal Protocol on Substances that Deplete the Ozone Layer), the production and import of methyl bromide will be phased out in the United States on January 1, 2005. This application seeks information to support a U. S. request to produce and import methyl bromide for certain critical uses and circumstances beyond this 2005 phaseout date.

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

If you submit a well documented application with sound reasons why alternatives are not technically and economically feasible, the U. S. government can be a better advocate for your exemption request internationally.

EPA Form # 7620 18a Pre Plant Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. Public reporting burden for this collection of information is estimated to average 324 hours per response and assumes a large portion of applications will be submitted by consortia on behalf of many individual users of methyl bromide. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a current OMB control number. The information contained in this application is critical to process and assess the need for methyl bromide. Filling out this application in its entirety will bolster the U. S. government's ability to strengthen the nomination package for the international review boards. OMB Control # 2060 0482 WHY IS THIS INFORMATION NEEDED? 2003 Application for Critical Use Exemption of Methyl Bromide for Pre Plant Use in 2005 and beyond in the United States Click on the Instructions tab located at the bottom of the screen for additional information. WHO APPLIES?

STATE CONTACTS HOW DO I APPLY?

IS MY INFORMATION CONFIDENTIAL?

WHEN IS THE INFORMATION NEEDED?

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

US Environmental Protection Agency US Environmental Protection Agency Methyl Bromide Critical Use Exemption Methyl Bromide Critical Use Exemption Office of Pesticide Programs Office of Pesticide Programs Mail Code 7503C 911 Bay, BEAD 1200 Pennsylvania Ave, NW 1921 Jefferson Davis Highway Washington, DC 20460 Arlington, VA 22202 Telephone: ( 703) 308 8200 OMB Control # 2060 0482 You may either complete an electronic ( Microsoft Excel) or a printed version of the application. Please fill out each form or worksheet in the application as completely as possible. If you are completing the printed version and need extra space you may attach additional sheets as needed. Additional information may be available from your local state department of agriculture or at the sites listed below or by calling 1 800 296 1996. The applicant may assert a business confidentiality claim covering part or all of the information in the application by placing on ( or attaching to) the information, at the time it is submitted to EPA, a cover sheet, stamped or typed legend, or other suitable form of notice employing language such as trade secret, proprietary, or company confidential. Allegedly confidential portions of otherwise non confidential documents should be clearly identified by the applicant, and may be submitted separately to facilitate identification and handling by EPA. If the applicant desires confidential treatment only until a certain date or until the occurrence of a certain event, the notice should so state. Information covered by a claim of confidentiality will be disclosed by EPA only to the extent, and by means of the procedures set forth under 40 CFR Part 2 Subpart B; 41 FR 36902, 43 FR 400000. 50 FR 51661. If no claim of confidentiality accompanies the information when it is received by EPA, it may be made available to the public by EPA without further notice to the applicant. Applicants submitting their application via e mail assume responsibility for the confidentiality of the electronic message transmission.

This application must be postmarked to the EPA address below no later than 120 days after the Notice was published in the Federal Register requesting critical use exemption applications. If you anticipate that you will need methyl bromide in 2005 because you believe there are no technically and economically feasible alternatives, then you should apply for the critical use exemption. This application may be submitted either by a consortium representing multiple users or by individual users. We encourage users with similar circumstances of use to submit a single application ( for example, any number of pre plant users with similar soil, pest, and climactic conditions can submit a single application.)

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

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

States that have agreed to participate in the exemption process are listed on EPA's website at www. epa. gov/ ozone/ mbr/ cueqa. html methyl. bromide@ epa. gov ( When submitting an application electronically, you should also print a hard copy, sign it, and submit it by mail)

If you have general questions about this application call:

Stratospheric Ozone Hotline 1 800 296 1996 INSTRUCTIONS The information provided by you in this application will be used to evaluate the requested methyl bromide use. The U. S. and other countries that are parties to the Montreal Protocol On Substances That Deplete The Ozone Layer decided that: " a use of methyl bromide should qualify as " critical" only if the nominating Party determines that: ( i) The specific use is critical because the lack of availability of methyl bromide for that use would result in a significant market disruption; and ( ii) There are no technically and economically feasible alternatives available to the user that are acceptable from the standpoint of environment and health and are suitable to the crops and circumstances of the nomination  "

WHERE DO I SUBMIT THE APPLICATION?

HOW CAN I RECEIVE ADDITIONAL INFORMATION? Electronic Address for applications: EPA Form # 7620 18a Pre Plant SECTIONS OF WORKBOOK OMB Control # 2060 0482 Printing worksheets To increase or decrease the size of the page that is viewable on the screen, go to the menu bar and select " View" and then " Zoom".

Navigating between worksheets The set of four arrows on the bottom left of the screen will help you navigate between worksheets. This is necessary to access the remaining worksheet tabs in the workbook that are not viewable. The two arrows with vertical lines to either the left or right will take you to the first worksheet and to the last worksheet respectively in the workbook. The inner two arrows allow you move the worksheet tabs to the right or to the left incrementally. The two arrows on the bottom right of the screen allow you to move the worksheet that you are viewing to the right or to the left. This is useful if the viewable area of on the screen is smaller than the entire page that is in the 7. Change the title row of the newly pasted worksheet from the old worksheet number to be consistent with the worksheet tab. 2. Select the top left corner of the worksheet ( this is the space to the left of column A and above row 1. You will know that the entire worksheet has been selected because the row and column marks as well as the worksheet itself Note: This is the only way you can copy a worksheet and not lose portions of the text instructions.

Viewing worksheets Worksheets are best viewed in " Page Break Preview." To select the view of the worksheet, go to the menu bar and select " View" and then " Page Break Preview." Page break preview shows only the printable area of the worksheet, with the blue lines that surround the screen indicating the edges of each page. 3. Go to the menu line at the top of the worksheet and select " Edit" then " Copy".

4. Go to the blank worksheet where you want the copied information to be pasted. 5. Again, select the top left corner of the worksheet ( left of column A and above row 1) to select the entire worksheet. 6. Go to the menu line at the top of the worksheet and select " Edit" then " Paste" Worksheet 1. Contact and Methyl Bromide Request Information Worksheet 2 D( 1& 2). Methyl Bromide  Baseline  Operating Costs for 2002 ( Annual or Perennial)

Worksheet 5. Application Summary Definitions Climate Zone Map Worksheet 3 A. Alternatives  Technical Feasibility of Alternatives to Methyl Bromide Worksheet 3 B( 1& 2). Alternatives  Changes in Operating Costs ( Annual or Perennial) Worksheet 4. Future Research Plans Instructions Worksheet 2 B. Methyl Bromide  Historical Use for 1997  2002 Worksheet 2 C. Methyl Bromide  Crop/ Crop Grouping Yield & Gross Revenue for 2000  2002 Worksheet 2. Methyl Bromide 2. A tab with the name " Sheet 1" will appear at the bottom of the worksheet and will be highlighted in white. Take the cursor and double click the " new tab" 3. By double clicking in the tab you can now rename the worksheet to the appropriate number letter designation ( e. g., 3 A( 1), 3 A( 1)( a), etc.)

4. To move a newly inserted worksheet, simply drag the worksheet with your mouse to the desired location.

5. Once you add a new worksheet, Excel will automatically name each subsequently added worksheet as Sheet 2, Sheet 3, etc  Follow the instructions above to rename the new blank worksheets as appropriate.

Copying and pasting an entire worksheet's contents into a blank worksheet:

1. Select the worksheet to be copied by clicking on the worksheet tab at the bottom of the screen. The tab will turn white in color when it has been selected. EXCEL USER TIPS Inserting a blank worksheet:

1. To add additional blank worksheets in the Excel file, go to the menu line at the top of the worksheet and select " Insert" then " worksheet" Worksheet 3. Alternatives Worksheet 2 A. Methyl Bromide  Pest and Crop Information INSTRUCTIONS Each worksheet number corresponds to the tab number in the electronic version of the application. Instructions specific to each worksheet are provided at the top of each sheet. A header row is included on each worksheet to include an application ID number that EPA will assign. EPA Form # 7620 18a Pre Plant If you would like to print all worksheets that are contained in this workbook, go to the menu bar at the top of the screen and select " File" and then " Print." Then in the section of the menu that appears called " Print what," select " Entire Workbook." Yes No X X Cell Fax University of Georgia X Cell Fax OMB Control # 2060 0482 Daytime Phone E mail Address Alternate Contact Contact Name Dr. William Terry Kelley 877 994 3842 cthjr_ asg@ charter. net 706 883 8215 Specialty E mail Address Address Daytime Phone 229 386 3410 wtkelley@ uga. edu P. O. Box 1209 Tifton, GA 31793 If yes, the applicant assumes responsibility for the secure transmission of electronic submissions.

Applicant Name Primary Contact Contact Name ( Check One) Specialty Charles Hall Georgia Fruit and Vegetable Growers Association Print Name I certify that all information contained in this document is factual to the best of my knowledge.

Signature Title Signature Date Date Title Information in this application may be aggregated with information from other applications and used by the United States government to justify claims in the national nomination package that a particular use of methyl bromide be considered " critical" and authorized for an exemption beyond the 2005 phaseout. Use of aggregate data will be crucial to making compelling arguments in favor of critical use exemptions. By signing below, you agree now to assert any claim of confidentiality that would affect the disclosure by EPA of aggregate information based in part on information contained in this application. Print Name Agronomic Economic 229 392 5940 229 386 7374 LaGrange, GA 30241 Economic Address Worksheet 1. Contact and Methyl Bromide Request Information The following information will be used to determine the amount of methyl bromide requested and the contact person for this request. It is important that we know whom to contact in case we need additional information during the review of the application.

Is this information Confidential Business Information?

P. O Box 2945 Agronomic EPA Form # 7620 18a Pre Plant Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. Public reporting burden for this collection of information is estimated to average 324 hours per response and assumes a large portion of applications will be submitted by consortia on behalf of many individual users of methyl bromide. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a current OMB control number. 1. Location 2. Crop/ Crop Grouping 3.

8%

21%

16%

4. Climate Zone Zones: ( check all that apply)

5. Soil Type & Organic Matter Light X Medium X Heavy 0 to 2 % X 2 to 5 % over 5 %

6. Yes Pounds No X 7. Yes X CUE # 02 0052 No 8.

Year 2005 Acres 2006 Acres 2007 Acres 9.

10.

11. Yes Lbs No X 12. Yes Lbs No X OMB Control # 2060 0482 lbs. 541,762 Please explain why there may be variations in the pounds or acres treated from year to year. 28%

10%

( check all that apply) ( Indicate the climate zone designation by reviewing the U. S. climate zone map located at the end of this workbook or online at http:// www. usna. usda. gov/ Hardzone/ ushzmap. html.)

1____ 2a____ 2b____ 3a____ 3b____ 4a____ 4b____ 5a____ 5b____ 6a____ 6b____ 7a__ X__ 7b__ X__ 8a__ X__ 8b__ X__ 9a____ 9b____ 10a____ 10b____ 11____ 17%

over 400 acres 4,044 Worksheet 1. Contact and Methyl Bromide Request Information Total Pounds Active Ingredient ( a. i.) of Methyl Bromide 541,762 Total Area to be Treated If yes, please specify amount ( in pounds). If yes, please specify amount ( in pounds).

Do you anticipate that you will have any methyl bromide in storage after January 1, 2005? The current alternatives are not technically feasible to control the range of pests that must be managed.

alternative can be found before 2005 2007. to economically produce cantaloupe followed by squash in Georgia and there is no indication that a suitable Do you have access to recycled methyl bromide? 4,044 ( Indicate the soil type and percent organic matter where methyl bromide would be applied.)

Soil Type:

Organic Matter:

If a consortium is submitting this application, the data should be the total for the consortium. ( Include all crops/ crop groupings that benefit from an application of methyl bromide in a fumigation cycle. For a definition of fumigation cycle see Worksheet entitled " Definitions".)

Cantaloupe Squash ( Enter the state, region, or county.)

Georgia Has this applicant previously applied for Critical Use Exemption of methyl bromide? Range of acres farmed by growers included in this application Is this applicant eligible for Quarantine and Preshipment ( QPS) uses of methyl bromide? 100  200 acres 200  400 acres 25  50 acres 50  100 acres Please explain why methyl bromide is being requested. ( Insert number or percentage of users in each category) 0  25 acres lbs. 4,044 lbs. What is the amount of methyl bromide being requested by this application ? ( Do NOT include QPS amounts)

541,762 EPA Form # 7620 18a Pre Plant Worksheet Title 2 A Methyl Bromide  Crop & Pest Information If a consortium is submitting this application, the data for this table should reflect the representative user for the consortium.

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

2 B Methyl Bromide  Historical Use 1997  2002 If a consortium is submitting this application, all data should reflect the actual data for the consortium.

This worksheet provides data in actual usage for 1997 2002.

2 C Methyl Bromide  Crop/ Crop grouping Yield and Gross Revenue for 2000 2002 If a consortium is submitting this application, the data for this table should reflect the representative user for the consortium.

This worksheet provides crop/ crop grouping yield and gross revenue for 2000 through 2002.

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

2 D( 1 & 2) Methyl Bromide  Baseline  Operating Costs for 2002 If a consortium is submitting this application, the data for this table should reflect the representative user for the consortium.

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

The purpose of this worksheet is to determine operating expenses when methyl bromide is used. This forms the baseline for evaluating the cost impacts of using an alternative to replace methyl bromide. The data requested are designed to help you identify how your operation would change if methyl bromide were unavailable, which will be shown in Worksheet 3 B. Worksheet 2 D( 1) is for users with a fumigation cycle of less than 5 years. Worksheet 2 D( 2) is for users growing perennial crops following a single fumigation at establishment.

In collaboration with USDA, we will estimate fixed and overhead costs across crops and regions to ensure consistency within the U. S. nomination. OMB Control # 2060 0482 Purpose of Data: To establish a baseline estimate of crop/ crop grouping yields, gross revenues, and costs using methyl bromide.

Instructions specific to each worksheet are located at the top of each sheet. Worksheet 2. Methyl Bromide EPA Form # 7620 18a Pre Plant 1. Crop/ Crop Grouping or Consortium 2. Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec X 2. Fumigation and Crop Timeline Beginning Fumigation Cycle Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 Month 8 Month 9 Month 10 Month 11 Month 12 Land Preparation X Fumigation X Planting X X Harvest X X X X X Fallow X X Other Key Crop Steps X Other Key Pest Steps X Continuation of Fumigation Cycle ( if needed)

Month 13 Month 14 Month 15 Month 16 Month 17 Month 18 Month 19 Month 20 Month 21 Month 22 Month 23 Month 24 Land Preparation Fumigation Planting Harvest Fallow Other Key Crop Steps Other Key Pest Steps OMB Control # 2060 0482 Time Interval ( e. g. MONTH/ YEAR/ SEASON) Worksheet 2 A. Methyl Bromide  Crop & Pest Information Comments:

planted following cantaloupe would be eggplant, cucumbers, bell pepper or squash. The Cantaloupe is conventionally followed by another crop such as squash. Other crops that might be Time Interval ( e. g. MONTH/ YEAR/ SEASON)

grower is thus able to get at least two crops from the field for each fumigation event. Cantaloupe Squash ( Indicate when fumigation, major crop and pest management practices typically occur by shading the appropriate cells. Show a second crop if part of the fumigation cycle. If the fumigation cycle is longer than one year change the months to an appropriate interval. These tables are for annual crops but more than one crop may benefit from one methyl bromide fumigation. If application covers multiple crops/ crop groupings not grown sequentially, they will need to provide this information for all crops/ crop groupings. Please adjust timeline as necessary. Please provide additional comments or description below or on a separate page. Please begin the timeline with the first land preparation. For perennials, please begin with the year of land preparation and fumigation and indicate the years of production by yield or percentage of full production.) Which month does your fumigation cycle start? ( check only one)

Crops are fertilized through drip irrigation and fungicides and insecticides are applied as needed. Fumigation takes place in the spring or fall. A spring application cycle is shown in this application. 3. Target Pest( s) or Pest Problem( s):

Pest 1 Pest 2 Pest 3 Pest 4 Pest 5 4. Pest Economic Threshold Year Pest 1 2003 Pest 2 2003 Pest 3 2003 Pest 4 2003 Pest 5 5. Target Pest Infestation Pest 1 % Pest 2 % Pest 3 % Pest 4 % Pest 5 %

6. Representative User : Treat if present 1 ( Please estimate the percentage of the consortia's total growing area with a moderate to severe problem with these pests. Describe source of information such as a survey or expert estimate.) Treat if present ( Please provide the economic threshold information for each pest. Describe year and source of information such as survey or expert estimate.)

The grower may complete two, three or even four crops in one fumigation cycle. EPA Form # 7620 18a Pre Plant OMB Control # 2060 0482 P. ultimum, aphanadermatum Pythium root and collar rot Cyperus esculentus Crown and Root Rot P. irregulare, myriotylum Units ( e. g. pests/ sq ft) Pratylenchus sp.

1 Worksheet 2 A. Methyl Bromide  Crop & Pest Information Source Threshold Dr. Stanley Culpepper Extension Weed Scientist Univ. of GA Dr. David B. Langston, Jr.

Dr. David B. Langston, Jr.

Dr. David B. Langston, Jr.

Describe a few crops that could follow this crop: 500 100 300 Cucumbers approximately 50% of the land he/ she farms. The user will generally grow two or three crops on the same land each year to complete one fumigation cycle. The user will treat with methyl bromide on a regular Meloidogyne incognita Cyperus rotundus ( Please identify the top target pests or pest problems. Provide at least common name and genus and species if possible. Additional pests or pest problems can be provided as an attachment.)

Common Name Genus Yellow and Purple Nutsedge Squash Eggplant basis since pest pressure will always be high. Other descriptive factors regarding representative user:

The representative user will generally grow several different commodities and will rent or lease Acres Acres Average Farm Size Average acres in this crop Bell Pepper Average Area Treated with Methyl Bromide: Acres Percentage of Total Growing Area Dr. David B. Langston, Jr. Extension Plant Pathologist UGA ( Please provide descriptive factors regarding your operation.) 100 100 70 Treat if present 1 Dr. David B. Langston, Jr. Extension Plant Pathologist UGA Dr. David B. Langston, Jr. Extension Plant Pathologist UGA 40 Treat if present Phytophthora capsici Source Dr. Stanley Culpepper 1 Nematodes EPA Form # 7620 18a Pre Plant Column A:

Column B:

Column C:

A B C Total Actual Pounds a. i. of Methyl Bromide Applied per Year Total Actual Acres Treated per Year Average Pounds a. i. Applied per Acre per Year 1997 272,097 1,234 220.5 1998 426,668 1,935 220.5 1999 320,000 1,879 170.2 2000 250,116 1,823 134 2001 541,762 4,043 134 2002 134 OMB Control # 2060 0482 EPA Form # 7620 18a Pre Plant use per acre have declined. Also, the amount of land planted to cantaloupe may vary from Comments: year to year due to price fluctuations. Cantaloupe acreage increased in Georgia in the last few years. However, as growers have switched to 67% MBr and price has increased, the rates of methyl bromide If there is a variation ( greater than 10%) in the quantity a. i., the acres treated or average application rate from year to year, please explain the reasons for the variation. What is the frequency of methyl bromide applied per area? ( 1x / year, 2x / year, 1x / 3 years, etc.)

_____ 1____ times per __ year________ Enter the total actual acres treated. Note: This number should be the total actual acres treated by the individual user or total actual acres treated for the entire consortium, for the year indicated. For furrow treatment the acres should include the area between the rows as well as the area of the rows. i. e. acres treated is the area of the cultivated fields being treated including the area between rows even if they are not treated.

Average Pounds a. i. Applied per Area per Year The average application rates in pounds a. i. of methyl bromide per area may be calculated by dividing Column A by Column B.

Year Worksheet 2 B. Methyl Bromide  Historical Use for 1997 2002 Total Actual Pounds a. i. of Methyl Bromide Applied per Year Enter the total actual pounds active ingredient ( a. i.) of methyl bromide applied. Note: This number should be the total pounds a. i. applied by the individual user or the entire consortium, for the year indicated. Include only the pounds active ingredient of methyl bromide. Do not include the pounds of chloropicrin that may be part of the same product.

Total Actual Acres Treated per Year Column A:

Column B:

Column C:

Column D:

Column E:

Column F:

Column G:

A B C D E F G Year Crops/ Crop Groupings Market Category Yield Unit of Measurement Price ($) Gross Revenue per Acre ($)

2000 Cantaloupe Fresh Market 271 cwt $ 16.00 $ 4,336.00 Squash Fresh Market 942 3/ 4 & 5/ 9 bu $ 7.73 $ 7,281.66 2001 Cantaloupe Fresh Market 280 cwt $ 16.00 $ 4,480.00 Squash Fresh Market 934 3/ 4 & 5/ 9 bu $ 6.93 $ 6,472.62 2002 Cantaloupe Fresh Market 304 cwt $ 17.00 $ 5,168.00 Squash Fresh Market 900 3/ 4 & 5/ 9 bu $ 6.81 $ 6,129.00 OMB Control # 2060 0482 Gross revenue per acre for each market category and or each crop/ crop grouping may be calculated using the data you entered as price times yield. If revenue is not equal to price times yield, you may enter a different revenue amount, but please explain the difference in the comments section below. Gross Revenue Price Enter the unit of measurement for each crop/ species ( lbs, cwt, carton, bin). If not by weight, specify in the comments section the average weight of the measure. Units of Measurement Enter average prices received by the users for that crop/ crop grouping and market category. Average price over all categories can be calculated separately, if needed. Enter marketing categories that determine prices received, for example, grade ( size, color), timeliness ( early season, late season), or end use ( fresh, processing). Itemize or aggregate these factors to the extent appropriate if lack of methyl bromide would effect the yields in each category.

Enter the yield per acre, or the proportion of total yields, obtained for that category. For perennial crops, please enter yields at full production. Be sure to indicate yields at other stages in the timeline in Worksheet 2 A. Yield Comments: If this application is for multiple crops/ crop groupings ( e. g. nurseries producing evergreens, deciduous, and forbs) please indicate the proportion of land area allocated to each crop/ crop grouping. Worksheet 2 C. Methyl Bromide  Crop/ Species Yield & Gross Revenue for 2000 2002 Market Categories Be sure to enter the year. Use as many rows as needed for each year for all the crops/ crop groupings in the fumigation cycles from 2000 to 2002. If a fumigation cycle overlaps more than one calendar year, then the year of the fumigation cycle is the year methyl bromide was applied.

Enter all crops/ crop groupings that benefit from methyl bromide in the fumigation cycle. If multiple crops/ crop groupings are grown during the interval between fumigations ( e. g. tomatoes followed by peppers in a single growing season, or strawberries followed by lettuce over 2 or 3 years) include all of the crops/ crop groupings during the entire interval.

If someone other than the applicant benefits from the application of methyl bromide in the fumigation cycle and you do not have the quantitative data for the crops/ crop groupings grown on the same land, please indicate so in the comments section below. Year Crops/ Crop Groupings EPA Form # 7620 18a Pre Plant Column A:

Column B:

Column C:

Column D:

Column E: OMB Control # 2060 0482 Worksheet 2 D( 1& 2). Methyl Bromide  Baseline  Operating Costs for 2002 Enter all operating costs incurred during a fumigation cycle. Users with a relatively short fumigation cycle ( less than five years) should use version D( 1); users cultivating perennial crops should use version D( 2). Users with multiple crops, either on the same area in a single fumigation cycle or on different areas treated separately, should copy this sheet and provide costs for each crop. If multiple crops are cultivated sequentially following a single fumigation, replace fumigation costs in Pre plant Operations with any additional pest control costs used prior to the following crops. If a fallow season is an important part of the fumigation cycle, include costs incurred ( for example, cultivating a cover crop) as a separate line or as a separate sheet, if costs are extensive. Please fill in the unshaded areas. The shaded areas can be used if the information is known.

The operations/ inputs listed here are not meant to be exhaustive or representative of your specific production system. They are meant to provide suggestions and to help you identify how your operation would change if methyl bromide were unavailable. Be as precise as necessary otherwise you may aggregate operations or inputs. For example, specify herbicide costs if additional treatments would become necessary with the use of a methyl bromide alternative, otherwise you may simply specify total pesticide costs. Please specify only variable operating costs.

This field is required only for methyl bromide. However, you may include specific amounts of other inputs or operations if you believe it helps to document the additional costs you would incur by using an alternative fumigant. Operation / Input Quantity Used per Acre Operation / Input for Perennial Crops For perennial crops ( Worksheet D( 2)), we have divided the lifespan into three basic periods: pre production ( including establishment), initial production, and full production. Please ensure that the timeline in Worksheet 2 A indicates the years of each period. Operating costs should be an average of costs incurred during each period. Please consider expected replanting rates and indicate which year dead or poorly performing young trees would be replaced. You may copy columns/ rows as needed if these periods need to be refined for your situation.

For inputs and operations detailed in Columns B and D, total costs can be calculated as Column B times Column D. Otherwise, enter total cost of the input or operation. As a check, you may add up Column E to obtain an estimate of total variable operating costs. These will not include fixed and overhead costs, nor a return to the owners' labor. It should, therefore, be less than gross revenues calculated in Worksheet 2 C. If it is not, please explain ( for example, unusually poor yields or unusually poor prices). For perennial crops, Column E should only be totaled for the years at full production. For all inputs and operations detailed in Column B, please specify the unit cost. Also, indicate all costs of applying methyl bromide, including any material costs, for example, tarps. If custom applied and separate costs are unavailable, write ' custom' and enter total cost in Column E. For all inputs and operations detailed in Column B, please specify the units of measurement.

Yield For harvest operations, indicate average yields or representative yields from Worksheet 2 C.

Harvest costs may likewise be calculated as costs per acre ( Column B) plus variable costs per unit of yield ( Column C) times yield ( Column D). Total Cost per Acre Unit Costs Total Cost per Acre Constant Cost per Acre For harvest operations, specify costs that depend on land area, for example, picking costs, per acre of land.

Cost per Unit of Yield For harvest operations, specify costs that depend on amount of product harvested, for example, packing material, per unit of produce. Units EPA Form # 7620 18a Pre Plant B C D E Quantity Used per Acre Units ( lbs, hours, etc) Unit Cost ($) Total Cost per Acre ($)

50.00 $

200 pounds lbs/ acre 2.65 $ 530.00 $

250.00 $

50.00 $

415.58 $

325.00 $

270.00 $

150.00 $

35.00 $

275.00 $

250.00 $

135.00 $

27.05 $

248.64 $

3,011.27 $

Constant Cost per Acre ($) Cost per Unit of Yield ($) Yield Total Cost per Acre ($) 1.15 $ 302.00 347.30 $

0.28 $ 302.00 84.56 $

1.74 $ 302.00 525.48 $

0.77 $ 302.00 232.54 $

436.39 $

1,626.27 $ OMB Control # 2060 0482 A Worksheet 2 D( 1). Methyl Bromide  Baseline  Operating Costs for 2002  Cantaloupe Operation / Input Pre plant Operations Land preparation Fumigation product ( methyl bromide)

application Irrigation Other costs Cultural Operations Seed / Seedlings Total Fertilizer / Soil Amendments Pesticides Insecticide Herbicide Fungicide Nematicide Irrigation Labor ( manual)

Interest on Operating Capital ( 9%) Fuel / Machine Labor Other Costs Harvest Operations Labor Hauling Material Grading / Packing / Storage Other Costs Total Marketing ( 8.5%) EPA Form # 7620 18a Pre Plant B C D Quantity Used per Acre Units ( lbs, hours, etc) Unit Cost ($)

25 gallons/ acre 3.75 $

Constant Cost per Acre ($) Cost per Unit of Yield ($) Yield 0.75 $ 900.00 0.10 $ 900.00 1.05 $ 900.00 0.65 $ 900.00 Other Costs Labor Hauling Material Grading / Packing / Storage Total Harvest Operations Labor ( manual)

Fuel / Machine Labor Other Costs Interest on Operating Capital ( 9%) Herbicide Fungicide Nematicide Irrigation Seed / Seedlings Fertilizer / Soil Amendments Pesticides Insecticide Cultural Operations application Irrigation Other costs Pre plant Operations Land preparation Fumigation product ( vapam between crops) Worksheet 2 D( 1). Methyl Bromide  Baseline  Operati for 2002  Squash A Operation / Input EPA Form # 7620 18a Marketing ( 8.5%)

Total E Total Cost per Acre ($)

9.75 $

93.75 $

25.00 $

50.00 $

175.00 $

195.00 $

157.00 $

43.50 $

157.00 $

250.00 $

135.00 $

27.05 $

118.62 $

1,436.67 $

Total Cost per Acre ($) 675.00 $

90.00 $

945.00 $

585.00 $ OMB Control # 2060 0482 ating Costs 520.97 $

2,815.97 $

Pre Plant Worksheet 3 A 3 B OMB Control # 2060 0482 If a consortium is submitting this application, the data for this table should reflect the representative user for the consortium.

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

The purpose of this worksheet is to determine operating expenses when alternatives are used for evaluating the cost impacts of using an alternative to replace methyl bromide. The data requested are designed to help you identify how your operation would change if methyl bromide were unavailable. Worksheet 3 B( 1) is for users with a fumigation cycle of less than 5 years. Worksheet 3 B( 2) is for users growing perennial crops following a single fumigation at establishment.

In collaboration with USDA, we will estimate fixed and overhead costs across crops and regions to ensure consistency within the U. S. nomination. Please fill out this worksheet for each alternative specified in the U. S. Matrix and for other alternatives for which the economic evaluation would bolster the case that methyl bromide is needed. Alternatives  Changes in Operating Costs Worksheet 3. Alternatives  Feasibility of Alternative Pest Control Regimens Title You must complete one worksheet for each alternative. Please inset the name of the alternative in the area on top of the page. If you prefer, you may provide the information requested in this worksheet in a narrative review. However, you must fill in the information in Question # 1 and # 3 or we will assume no yield or quality loss. Alternatives  Technical Feasibility of Alternatives to Methyl Bromide Purpose of Data: To estimate the loss as a result of not having methyl bromide available. EPA needs to compare data ( yields, crop/ species prices, gross revenues and costs) on the use of methyl bromide and alternative pest control regimens.

Complete worksheet 3 A for each alternative pest control regimen listed in the " U. S. Matrix" for chemical controls ( www. epa. gov/ ozone/ mbr/ cueqa. html) and the " International Matrix" for nonchemical pest controls ( www. epa. gov/ ozone/ mbr/ cue). Each worksheet contains a place holder in the title for you to insert the name of the specific alternative pest control regimen addressed. You should add additional worksheets as required.

Enter all alternative pesticides and pest control methods ( and associated cost and yield data) that would replace one treatment of methyl bromide throughout the fumigation cycle. See the Definition worksheet for a comprehensive definition on fumigation cycles. EPA Form # 7620 18a Pre Plant 1.

2.

Study # 1 2 3 4 5 3.

Units Units cwt cwt bu cwt 4.

X No 5.

6. OMB Control # 2060 0482 Worksheet 3 A. Alternatives  Technical Feasibility of Alternatives to Methyl Bromide smaller fruit 193 EPA Form # 7620 18a Pre Plant 302 900 540 Fresh Mkt Cantaloupe Fresh Mkt Squash smaller fruit Yield with Methyl Bromide Yield With Alternative Quality Impact Description Describe quality impacts such as: percent smaller fruit, reduced grade, smaller plants, crop damage, disease vector, etc. Refer to market category question in Worksheet 2 C.

Market Category Quality Loss * Details see 2005 application Attached? Study Information For the information in # 1 above list: the study name, authors, publication, date, and if a copy is attached. 5 Enter Average Loss Alternative:

% Yield Loss * 1, 3 dichloropropene Yield Loss & Pest Control When Comparing This Alternative to Methyl Bromide Pest Being Tested Study # ( list below) Provide numerical estimates where possible.

0 Details % Pest Control *

Feasibility covered in 2002 application. 1 2 3 4 Are there any variety or cultivar issues associated with this alternative? Are there any production delays ( planting/ harvesting) associated with this alternative?

( If yes, please explain) Label requires 28 day waiting period before planting. Yes Soil Restriction Label requires 28 day waiting period before planting.

26 Cannot be used over Karst topography/ geology Cyperus Sp.

 Label Restriction Organic Matter Restriction Off Site Damage ( outgassing) Other Restrictions ( Describe)  Township Caps 100 This information will be used to determine the amount of methyl bromide needed. Restrictions on Alternative Use Regulatory Restriction % of Area Details Pest Resistant To Alternative * If no yield or quality loss information is given we will assume no losses. Only provide pest control information if yield or quality loss information is not available. 7.

8.

9.

Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 Month 8 Month 9 Month 10 Month 11 Month 12 X X X X X X X X X X X X X Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 Month 8 Month 9 Month 10 Month 11 Month 12 OMB Control # 2060 0482 Continuation of Alternative Cycle ( if needed)

EPA Form # 7620 18a Pre Plant Comments:

even greater loss with squash. between crops. Reference for yield loss information: Weed Technology 16: 860 866. Data is for cantaloupe, but would likely be Other Key Pest Steps Alternative: 1, 3 Dichloropropene First crop is terminated and a burndown herbicide plus Metam Sodium through drip irrigation may be applied Time Interval ( e. g. MONTH/ YEAR/ SEASON)

Fallow Other Key Crop Steps Other Key Pest Steps Harvest Beginning Fumigation Cycle Planting Land Preparation Fumigation Planting Harvest Fallow Other Key Crop Steps # of Applications per Year ( Indicate when fumigation, major crop and pest management practices typically occur by shading the appropriate cells. Show a second crop if part of the fumigation cycle. If the fumigation cycle is longer than one year change the months to an appropriate interval. These tables are for annual crops but more than one crop may benefit from one methyl bromide fumigation. If application covers multiple crops/ crop groupings not grown sequentially, they will need to provide this information for all crops/ crop groupings. Please adjust timeline as necessary. Please provide additional comments or description below or on a separate page. Please begin the timeline with the first land preparation. For perennials, please begin with the year of land preparation and fumigation and indicate the years of production by yield or percentage of full production.) Alternative Timeline Time Interval ( e. g. MONTH/ YEAR/ SEASON) 1 Active Ingredient ( a. i.) Name of Product and Formulation In Line Units ( gals, lbs. Etc.)

Land Preparation Fumigation Worksheet 3 A. Alternatives  Technical Feasibility of Alternatives to Methyl Bromide Use Rate of Chemical Alternative Quantity a. i. per Acre # of Acres Treated 88.6 118.0 NA 1, 3 dichloropropene Telone II Telone EC lbs. 1, 3 D + chloropicrin 85.4 135 NA NA 1 to 2 1 to 2 1 Non Chemical Pest Control ( please describe) 85 170 88.9 140 lbs. lbs. 1, 3 dichloropropene NA 1, 3 D + chloropicrin Telone C 35 lbs. 1.

2.

Study # 1 2 3 4 5 3.

Units Units cwt cwt bu cwt 4.

X No 5.

6.

Regulatory Restriction Restrictions on Alternative Use This information will be used to determine the amount of methyl bromide needed.

% of Area Details Are there any variety or cultivar issues associated with this alternative? Are there any production delays ( planting/ harvesting) associated with this alternative?

Yes ( If yes, please explain) Label requires 21 day waiting period befo Fresh Mkt Squash 900 540 smaller frui Fresh Mkt Cantaloupe 302 193 smaller frui Quality Loss * Describe quality impacts such as: percent smaller fruit, reduced grade, smaller plants, crop vector, etc. Refer to market category question in Worksheet 2 C.

Market Category Yield with Methyl Bromide Yield With Alternative Quality Impact Des Attached? Details see 2005 application * If no yield or quality loss information is given we will assume no losses. Only provide pest control information if yield or quality loss information is Study Information For the information in # 1 above list: the study name, authors, publication, date, and if a cop Enter Average Loss 5 4 3 Feasibility covered in 2002 ap 2 1 Cyperus Sp. 0 Yield Loss & Pest Control When Comparing This Alternative to Methyl Bromide Provide numerical estimates where possible.

Study # ( list below) Pest Being Tested % Yield Loss * % Pest Control * Details OM Worksheet 3 A. Alternatives  Technical Feasibility of Alte to Methyl Bromide Alternative: Metam Sodium/ Potassium Sodium 7.

8.

9.

Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 Month 8 Month 9 Month 10 X X X X X X X X X X X X Fallow Other Key Crop Steps Other Key Pest Steps Land Preparation Fumigation Planting Harvest Beginning Fumigation Cycle Time Interval ( e. g. MONTH/ YEAR/ SEASON) Alternative Timeline ( Indicate when fumigation, major crop and pest management practices typically occur b appropriate cells. Show a second crop if part of the fumigation cycle. If the fumigation cycle one year change the months to an appropriate interval. These tables are for annual crops but crop may benefit from one methyl bromide fumigation. If application covers multiple crops/ cro grown sequentially, they will need to provide this information for all crops/ crop groupings. Ple timeline as necessary. Please provide additional comments or description below or on a Please begin the timeline with the first land preparation. For perennials, please begin with the preparation and fumigation and indicate the years of production by yield or percentage of full p Non Chemical Pest Control ( please describe) Metam Potassium K Pam 174 348 lbs. Metam Sodium Vapam/ Sectagon 160 320 lbs. Alternative: Metam Sodium/ Metam Potassium Use Rate of Chemical Alternative Active Ingredient ( a. i.) Name of Product and Formulation Quantity a. i. per Acre Units ( gals, lbs. Etc.) # of Acres Treated EPA Form # 7620 18a OM Worksheet 3 A. Alternatives  Technical Feasibility Alternatives to Methyl Bromide Off Site Damage ( outgassing) Other Restrictions ( Describe) Pest Resistant To Alternative Organic Matter Restriction  Township Caps Soil Restriction  Label Restriction 100 21 day waiting period between application Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 Month 8 Month 9 Month 10 EPA Form # 7620 18a First crop is terminated and a burndown herbicide plus Metam Sodium through drip irrigation may be applie between crops. Reference for yield loss information: Weed Technology 16: 860 866. Data is for cantaloupe, but would likely even greater loss with squash. Other Key Crop Steps Other Key Pest Steps Comments: Fumigation Planting Harvest Fallow Continuation of Alternative Cycle ( if needed) Time Interval ( e. g. MONTH/ YEAR/ SEASON)

Land Preparation fore planting. ruit ruit rop damage, disease escription n is not available.

opy is attached. application. OMB Control # 2060 0482 lternatives Month 11 Month 12 X X r by shading the cle is longer than ut more than one crop groupings not lease adjust a separate page. the year of land ll production.) 1 to 2 1 to 2 # of Applications per Year Pre Plant OMB Control # 2060 0482 ty of ion and planting Month 11 Month 12 Pre Plant lied ly be Column A:

Column B:

Column C:

Column D:

Column E: OMB Control # 2060 0482 Worksheet 3 B( 1& 2). Alternatives  Changes in Operating Costs Enter all operating costs incurred during a fumigation cycle. Users with a relatively short fumigation cycle ( less than five years) should use version B( 1); users cultivating perennial crops should use version B( 2). Users with multiple crops, either on the same area in a single fumigation cycle or on different areas treated separately, should copy this sheet and provide costs for each crop. If multiple crops are cultivated sequentially following a single fumigation, replace fumigation costs in pre plant Operations with any additional pest control costs used prior to the following crops. If a fallow season is an important part of the fumigation cycle, include costs incurred ( for example, cultivating a cover crop) as a separate line or as a separate sheet, if costs are extensive. Please fill in the unshaded areas. The shaded areas can be used if the information is known.

Operation / Input The operations/ inputs listed here are not meant to be exhaustive or representative of your specific production system. They are meant to provide suggestions and to help you identify how your operation would change if methyl bromide were unavailable. Be as precise as necessary otherwise you may aggregate operations or inputs. For example, specify herbicide costs if additional treatments would become necessary with the use of a methyl bromide alternative, otherwise you may simply specify total pesticide costs. Please specify only variable operating costs. Alternative: 1, 3 dichloropropene Cost per Unit of Yield For harvest operations, specify costs that depend on amount of product harvested, for example, packing material, per unit of produce.

Unit Costs Operation / Input for Perennial Crops For perennial crops ( Worksheet B( 2)), we have divided the lifespan into three basic periods: pre production ( including establishment), initial production, and full production. Please ensure that the timeline in Worksheet 3 A indicates the years of each period. Operating costs should be an average of costs incurred during each period. Please consider expected replanting rates and indicate which year dead or poorly performing young trees would be replaced. You may copy columns/ rows as needed if these periods need to be refined for your situation.

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

Constant Cost per Acre For harvest operations, specify costs that depend on land area, for example, picking costs, per acre of land.

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

Yield For harvest operations, indicate average yields or representative yields from Worksheet 3 A.

Total Cost per Acre Total Cost per Acre Harvest costs may likewise be calculated as costs per acre ( Column B) plus variable costs per unit of yield ( Column C) times yield ( Column D).

EPA Form # 7620 18a Pre Plant For all inputs and operations detailed in Column B, please specify the unit cost. Also, indicate all costs of applying methyl bromide, including any material costs, for example, tarps. If custom applied and separate costs are unavailable, write ' custom' and enter total cost in Column E.

For inputs and operations detailed in Columns B and D, total costs can be calculated as Column B times Column D. Otherwise, enter total cost of the input or operation. As a check, you may add up Column E to obtain an estimate of total variable operating costs. These will not include fixed and overhead costs, nor a return to the owners' labor. It should, therefore, be less than gross revenues calculated in Worksheet 2 C. If it is not, please explain ( for example, unusually poor yields or unusually poor prices). For perennial crops, Column E should only be totaled for the years at full production. B C D E Quantity Used per Acre Units ( lbs, hours, etc) Unit Cost ($) Total Cost per Acre ($)

325.00 $

270.00 $

150.00 $

90.65 $

350.00 $

250.00 $

295.00 $

27.05 $

158.19 $

1,915.89 $

Constant Cost per Acre ($) Cost per Unit of Yield ($) Yield Total Cost per Acre ($) 1.15 $ 193.00 221.95 $

0.28 $ 193.00 54.04 $

1.74 $ 193.00 335.82 $

0.77 $ 193.00 148.61 $

278.89 $

1,039.31 $ OMB Control # 2060 0482 EPA Form # 7620 18a Pre Plant Worksheet 3 B( 1). Alternatives  Changes in Operating Costs A Pre plant Operations Alternative: 1, 3 Dichloropropene/ Cantaloupe Operation / Input Land preparation Fumigation product ( 1,3 D+ pic)

application Irrigation Other costs Cultural Operations Seed / Seedlings Fertilizer / Soil Amendments Pesticides Insecticide Herbicide Fungicide Nematicide Irrigation Labor ( manual)

Fuel / Machine Labor Other Costs Interest on Operating Capital ( 9%)

Total Harvest Operations Labor Hauling Material Grading / Packing / Storage Other Costs Marketing Costs ( 8.5%)

Total B C D Quantity Used per Acre Units ( lbs, hours, etc) Unit Cost ($)

75 gallons 3.75 $

Constant Cost per Acre ($) Cost per Unit of Yield ($) Yield 1.15 $ 193.00 0.28 $ 193.00 1.74 $ 193.00 0.77 $ 193.00 Hauling Material Grading / Packing / Storage Other Costs Total Harvest Operations Labor Fuel / Machine Labor Other Costs Interest on Operating Capital ( 9%) Fungicide Nematicide Irrigation Labor ( manual) Fertilizer / Soil Amendments Pesticides Insecticide Herbicide Cultural Operations Seed / Seedlings Irrigation Other costs Land preparation Fumigation product ( Metam Na/ K)

application A Operation / Input Pre plant Operations Worksheet 3 B( 1). Alternatives  Changes in Operatin Alternative: Metam Sodium/ Metam Potassium/ Can EPA Form # 7620 18a Marketing Costs ( 8.5%) E Total Cost per Acre ($)

50.00 $

281.25 $

250.00 $

50.00 $

325.00 $

270.00 $

150.00 $

90.65 $

350.00 $

126.00 $

250.00 $

295.00 $

27.05 $

226.35 $

2,741.30 $

Total Cost per Acre ($) 221.95 $

54.04 $

335.82 $

148.61 $ OMB Control # 2060 0482 ting Costs antaloupe 278.89 $

1,039.31 $

Pre Plant B C D Quantity Used per Acre Units ( lbs, hours, etc) Unit Cost ($)

25 gallons 3.75 $

Constant Cost per Acre ($) Cost per Unit of Yield ($) Yield 0.75 $ 540.00 0.10 $ 540.00 1.05 $ 540.00 0.65 $ 540.00 Hauling Material Grading / Packing / Storage Other Costs Total Harvest Operations Labor Fuel / Machine Labor Other Costs Interest on Operating Capital ( 9%) Fungicide Nematicide Irrigation Labor ( manual) Fertilizer / Soil Amendments Pesticides Insecticide Herbicide Cultural Operations Seed / Seedlings Irrigation Other costs Land preparation Fumigation product ( vapam between crops)

application A Operation / Input Pre plant Operations Worksheet 3 B( 1). Alternatives  Changes in Operatin Alternative: 1, 3 Dichloropropene/ Squash 2nd C EPA Form # 7620 18a Marketing Costs ( 8.5%)

Total E Total Cost per Acre ($)

9.75 $

93.75 $

25.00 $

50.00 $

175.00 $

195.00 $

157.00 $

56.15 $

232.00 $

94.50 $

250.00 $

295.00 $

27.05 $

149.42 $

1,809.62 $

Total Cost per Acre ($) 405.00 $

54.00 $

567.00 $

351.00 $ OMB Control # 2060 0482 ting Costs d Crop 312.58 $

1,689.58 $

Pre Plant B C D Quantity Used per Acre Units ( lbs, hours, etc) Unit Cost ($)

25 gallons 3.75 $

Constant Cost per Acre ($) Cost per Unit of Yield ($) Yield 0.75 $ 540.00 0.10 $ 540.00 1.05 $ 540.00 0.65 $ 540.00 Hauling Material Grading / Packing / Storage Other Costs Harvest Operations Labor Fuel / Machine Labor Other Costs Interest on Operating Capital ( 9%) Fungicide Nematicide Irrigation Labor ( manual) Fertilizer / Soil Amendments Pesticides Insecticide Herbicide Cultural Operations Seed / Seedlings Irrigation Other costs Land preparation Fumigation product ( Metam Na/ K)

application A Operation / Input Pre plant Operations Worksheet 3 B( 1). Alternatives  Changes in Operatin Alternative: Metam Sodium/ Metam Potassium/ Sq EPA Form # 7620 18a Marketing Costs ( 8.5%)

Total E Total Cost per Acre ($)

9.75 $

93.75 $

25.00 $

50.00 $

175.00 $

195.00 $

157.00 $

56.15 $

157.00 $

94.50 $

250.00 $

295.00 $

27.05 $

142.67 $

1,727.87 $

Total Cost per Acre ($) 405.00 $

54.00 $

567.00 $

351.00 $ OMB Control # 2060 0482 ting Costs / Squash 312.58 $

1,689.58 $

Pre Plant 1. 1 4 2 5 3 2. 1 4 2 5 3 6 3. 1 4 2 5 3 4.

5.

6. Yes X No 7. Yes X No 8.

X X From:

To:

X X 9.

Years Amount ($) 93 03 $ 773,000.00 93 03 $ 1,970,000.00 93 03 $ 9,000.00 10. $

Cost $ 30,000.00 $ 106,500.00 $ 20,000.00 11. OMB Control # 2060 0482 ( Describe each investment and its associated costs. e. g. specialized machinery, etc.) This has already been accomplished.

Custom Drip Irrigation System for research Application Equipment Roundup, Sandea, Dual, Sulfentrazone, fumigants GFVGA University of Georgia Other total investments, if any, made to reduce your reliance on methyl bromide? Formulation Changes ( please specify)

( check all that apply)

Cultural Practices ( please specify) Other Pesticides ( please specify)

USDA Tifton Pest Control Unit What is the cumulative amount spent and the types of contributions this consortium has made to fund research to develop alternatives to methyl bromide since 1992? ( e. g. consortium dues, direct research funding, etc.)

Name of Organization / Research Institution Please provide an overview/ timeline of the plan to transition away from using methyl bromide. Currently there is no data to suggest that there is a suitable alternative to transition toward. Obviously, should Sandea + 1,3 D + Pic Formulation Changes Grant requests made to USDA, EPA, state, or other funding group. Methyl Bromide Alternatives IR4 Methyl Bromide Alternatives USDA Investment Plastic, Fumigants, Drip Irrigation How will you minimize your use and/ or emissions of methyl bromide? chloropicrin Metam Sodium would transition away from methyl bromide as soon as feasible. What would be the best currently available alternative if methyl bromide were not available? 1, 3  Dichloropropene + Chloropicrin Prioritize the alternative chemicals or cultural practices to be tested.

Metam Potassium + 1,3 D + Sandea Yellow & Purple Nutsedge Phytophthora capsici Nematodes Provide a list of alternative chemicals or cultural practices that have been tested. Pythium sp. Rhizoctonia solani Worksheet 4. Future Research Plans Please describe future plans to test alternatives to methyl bromide. You may use this worksheet to describe all future plans.

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

__ 98_% methyl bromide, ___ 2_% chloropicrin __ 67_% methyl bromide, __ 33_% chloropicrin Virtually Impermeable Film ( VIF)

Non Chemical Methods ( please specify) Fallow management of nutsedge, crop rotation Will yield/ quality loss be measured? Metam Potassium Methyl Iodide Sandea, Sulfentrazone, Dual, Invoke 1,3  dichloropropene a suitable alternative become available and prove technically and economically feasible, Georgia growers Sandea + Methyl Iodide Will economic impacts be measured?

Tarpaulin ( Low Density Polyethylene)

Other EPA Form # 7620 18a Pre Plant 1.

2.

3.

4. 2005 5. 2005 6.

2006 541,762 lbs. 4,044 2007 541,762 lbs. 4,044 Not Technically Feasible Not Economically Feasible X X X X X X X X X X X OMB Control # 2060 0482 Resistant Cultivars Does not adequately control nutsedge.

Cover Crops & Mulching Does not adequately control nutsedge. Organic Production Does not adequately control nutsedge.

Biological Control Does not adequately control nutsedge. Solarization Does not adequately control nutsedge.

General IPM Does not adequately control nutsedge. Metam Potassium Does not adequately control nutsedge. Also, has a 21 day waiting period before planting.

Methyl Iodide Does not adequately control nutsedge. Chloropicrin Does not adequately control nutsedge.

Metam Sodium Does not adequately control nutsedge. Also, has a 21 day waiting period before planting. Potential Alternatives Reasons Telone ( 1, 3 Dichloropropene) Product will not control nutsedge, a major pest in GA. Not legal to use this material where Karst topography exists. Area Treated Acres Place an " X" in the column( s) labeled " Not Technically Feasible" and/ or " Not Economically Feasible" where appropriate. Use the " Reasons" column to describe why the potential alternative is not feasible. There is no forseeable alternative to methyl bromide that will be technically and economically feasible for production of these crops by 2006 or 2007. Therefore, requests are being made to cover these years as well.

Area Treated Acres Acres Treated with Methyl Bromide 4,044 Acres If methyl bromide is requested for additional years, reason for request: Crop: Cantaloupe followed by squash ( or some other second crop) Pounds of Methyl Bromide Requested 541,762 lbs. Consortium Name: Georgia Fruit and Vegetable Growers Association Location: Georgia For EPA Use Only ID # _______________ SECTOR __________________________

Worksheet 5. Application Summary This worksheet will be posted on the web to notify the public of requests for critical use exemptions beyond the 2005 phase out for methyl bromide. Therefore, this worksheet cannot be claimed as CBI. EPA Form # 7620 18a Pre Plant 82 Fumigation cycle: The period of time between methyl bromide fumigations.

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

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

2 year example: If a methyl bromide fumigation is made every 2 years, then the 2001 fumigation cycle began in 2001 and would end in 2003. The data should cover the methyl bromide costs and usage for the methyl bromide fumigation made in 2001, and all yields and revenues received and other costs incurred during the 2 year period. To be comparable, the data on alternatives should cover a similar 2 year period beginning in 2005 beginning at the same time of year when a methyl bromide fumigation would be made. The data should cover all methyl bromide alternatives used, and all yields and revenues received during that 2 year interval. Other pest control and other costs would only need to be provided for that interval if they would change from what they were with methyl bromide.

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

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

Crop Grouping The applicant can group simliar crops together if: ( i) Crops would experience similar yield and quality losses in the absence of methyl bromide; and ( ii) Crops are grown on the same fumigation and cultivation cycle with similar operating costs. For example, nursery crops including various flower or tree species can be aggregated, with average yields per acre and prices. However, if crops are distinctly different in revenues and operating costs, or the cycles, the applicant may want to present yield, price and operating costs for each crop separately and also indicate the proportion of land area allocated to each crop. Definitions: OMB Control # 2060 0482 EPA Form # 7620 18a Pre Plant


[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Notices]
[Pages 40275-40276]
[FR Doc No: 2023-13135]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2022-N-2687]

Daylen Diaz: Final Debarment Order

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is issuing an
order under the Federal Food, Drug, and Cosmetic Act (FD&C Act)
permanently debarring Daylen Diaz from providing services in any
capacity to a person that has an approved or pending drug product
application. FDA bases this order on a finding that Daylen Diaz was
convicted of a felony under Federal law for conduct relating to the
development or approval, including the process for development or
approval, of any drug product under the FD&C Act. Daylen Diaz was given
notice of the proposed permanent debarment and was given an opportunity
to request a hearing to show why she should not be debarred. As of
February 26, 2023 (30 days after receipt of the notice), Ms. Diaz had
not responded. Ms. Diaz' failure to respond and request a hearing
within the prescribed timeframe constitutes a waiver of her right to a
hearing concerning this action.

DATES: This order is applicable June 21, 2023.

ADDRESSES: Any application by Daylen Diaz for special termination of
debarment under section 306(d)(4) of the FD&C Act (21 U.S.C.
335a(d)(4)) may be submitted as follows:

Electronic Submissions

    [ssquf] Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. An application
submitted electronically, including attachments, to https://www.regulations.gov will be posted to the docket unchanged. Because
your application will be made public, you are solely responsible for
ensuring that your application does not include any confidential
information that you or a third party may not wish to be posted, such
as medical information, your or anyone else's Social Security number,
or confidential business information, such as a manufacturing process.
Please note that if you include your name, contact information, or
other information that identifies you in the body of your application,
that information will be posted on https://www.regulations.gov.
    [ssquf] If you want to submit an application with confidential
information that you do not wish to be made available to the public,
submit the application as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    [ssquf] Mail/Hand Delivery/Courier (for written/paper submissions):
Dockets Management Staff (HFA-305), Food and Drug Administration, 5630
Fishers Lane, Rm. 1061, Rockville, MD 20852.
    [ssquf] For a written/paper application submitted to the Dockets
Management Staff, FDA will post your application, as well as any
attachments, except for information submitted, marked, and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All applications must include the Docket No. FDA-
2022-N-2687. Received applications will be placed in the docket and,
except for those submitted as ``Confidential Submissions,'' publicly
viewable at https://www.regulations.gov or at the Dockets Management
Staff between 9 a.m. and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
    [ssquf] Confidential Submissions--To submit an application with
confidential information that you do not wish to be made publicly
available, submit your application only as a written/paper submission.
You should submit two copies total. One copy will include the
information you claim to be confidential with a heading or cover note
that states ``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The
Agency will review this copy, including the claimed confidential
information, in its consideration of your application. The second copy,
which will have the claimed confidential information redacted/blacked
out, will be available for public viewing and posted on https://www.regulations.gov. Submit both copies to the Dockets Management
Staff. If you do not wish your name and contact information to be made
publicly available, you can provide this information on the cover sheet
and not in the body of your application and you must identify this
information as ``confidential.'' Any information marked as
``confidential'' will not be disclosed except in accordance with 21 CFR
10.20 and other applicable disclosure law. For more information about
FDA's posting of comments to public dockets, see 80 FR 56469, September
18, 2015, or access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket, go to https://www.regulations.gov
and insert the docket number, found in brackets in the heading of this
document, into the ``Search'' box and follow the prompts and/or go to
the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville,
MD 20852 between 9 a.m. and 4 p.m., Monday through Friday, 240-402-
7500. Publicly available submissions may be seen in the docket.

FOR FURTHER INFORMATION CONTACT: Jaime Espinosa, Division of Compliance
and Enforcement, Office of Policy, Compliance, and Enforcement, Office
of Regulatory Affairs, Food and Drug Administration,<PHONE_NUMBER>, or
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Section 306(a)(2)(A) of the FD&C Act (21 U.S.C. 335a(a)(2)(A))
requires debarment of an individual from providing services in any
capacity to a person that has an approved or pending drug product
application if FDA finds that the individual has been convicted of a
felony under Federal law for conduct relating to the development or
approval, including the process of development or approval, of any drug
product under the FD&C Act. On October 18, 2022, Ms. Diaz was convicted
as defined in section 306(l)(1) of the FD&C Act in the U.S. District
Court for the Southern District of Florida, Miami Division, when the
court accepted her plea of guilty and entered judgment against her for
one count of conspiracy to commit mail fraud and wire fraud in
violation of 18 U.S.C. 1349.
    The factual basis for this conviction is as follows: As contained
in the Information, entered into the docket on March 16, 2021, and the
Factual Proffer in support of Ms. Diaz' guilty plea, entered into the
docket on August 8, 2022, both from her case, Ms. Diaz was a research
assistant and assistant study coordinator employed at Tellus Clinical
Research, Inc. (Tellus). Tellus was a medical research clinic that
conducted clinical trials on behalf of pharmaceutical company sponsors.
Sponsor 1 was a drug manufacturer that developed drugs for commercial
distribution in the United States. Contract Research Organization 1
(CRO 1) was an organization that hired clinical investigators and
managed clinical trials for sponsors. On or about December 23, 2013,
CRO 1 entered into a contract with Tellus and one of Ms.

Diaz' co-conspirators in which Tellus and Ms. Diaz' co-conspirator
agreed to serve as study site and clinical investigator, respectively,
for a clinical trial initiated by sponsor 1 (IBS study 1) designed to
evaluate a drug intended to treat irritable bowel syndrome in female
patients. On or about September 5, 2014, CRO 1 entered into a contract
to conduct a second clinical trial initiated by sponsor 1 (IBS study
2), which evaluated the same drug in the same population over the
course of 52 weeks. Sponsor 2 was a drug manufacturer that developed
drugs for commercial distribution in the United States. On or about
January 5, 2015, sponsor 2 entered into a contract with Tellus and one
of Ms. Diaz' co-conspirators in which they agreed to serve as study
site and clinical investigator, respectively, for a clinical trial
initiated by sponsor 2 (the diabetes study). The diabetes study was
designed to evaluate the safety and efficacy of an experimental
injectable drug intended to treat subjects with kidney damage from
diabetes.
    Ms. Diaz served as an assistant study coordinator for IBS study 1,
IBS study 2, and the diabetes study (collectively, the ``Studies''). As
an assistant study coordinator for the Studies, Ms. Diaz was
responsible for administering procedures to subjects in the Studies and
preparing honest and accurate written records, including records known
as ``case histories,'' describing the participation of subjects in the
Studies. Ms. Diaz along with her co-conspirators caused false
information to be entered in subject case histories to make it appear
that subjects had, among other things, satisfied the eligibility
criteria to participate in the Studies, provided informed consent to
participate in the Studies, received physical examinations, received or
been administered the investigational drug for the Studies, and
received payments for visits to Tellus when, in truth and in fact, and
as Ms. Diaz well knew, such events had not occurred. For example, on or
about April 6, 2015, Ms. Diaz initialed case history documentation for
a study subject, K.L., falsely representing that K.L. was a study
subject participating in IBS study 2, that K.L. visited Tellus, that
Ms. Diaz obtained K.L.'s urine and blood for analysis as required by
the protocol governing IBS study 2, that Ms. Diaz had performed an
electrocardiogram on K.L., and that Ms. Diaz dispensed IBS study 2
medication to K.L. In truth and in fact, Ms. Diaz knew that K.L. was
not participating in IBS study 2 and these representations were false.
In addition, Ms. Diaz knew that IBS study 2 subjects were required to
make daily phone calls to an ``e-diary'' (a toll-free number maintained
by a third party) and report their personal experience with the IBS
study 2 drug. In furtherance of the conspiracy, Ms. Diaz along with her
co-conspirators knowingly placed telephone calls to the e-diary system,
using the subjects' individual PIN numbers, for purposes of reporting
fabricated data on behalf of IBS study 2 subjects. Ms. Diaz along with
her co-conspirators placed these fraudulent telephone calls on behalf
of more than 10 subjects in IBS study 2.
    Ms. Diaz also participated in falsifying and fabricating data in
connection with the diabetes study. For example, on May 13, 2015, Ms.
Diaz initialed case history documentation for subject S.D., falsely
representing that S.D. has visited Tellus, that Ms. Diaz trained S.D.
on the appropriate handling of the investigational drug, and that S.D.
self-administered the study drug by injection. In truth and in fact,
Ms. Diaz knew that S.D. had not visited Tellus or received the study
drug, and these representations were false. Ms. Diaz, along with her
co-conspirators, also enrolled subjects in the diabetes study who did
not meet the eligibility criteria or participate in the trial. Further,
Ms. Diaz observed her co-conspirator dispense diabetes study medication
into the garbage, but falsely represent in case history documentation
that the medication had been administered to study subject S.D.
    As a result of this conviction, FDA sent Ms. Diaz by certified mail
on January 20, 2023, a notice proposing to permanently debar her from
providing services in any capacity to a person that has an approved or
pending drug product application. The proposal was based on a finding,
under section 306(a)(2)(A) of the FD&C Act, that Ms. Diaz was
convicted, as set forth in section 306(l)(1) of the FD&C Act, of a
felony under Federal law for conduct relating to the development or
approval, including the process of development or approval, of any drug
product under the FD&C Act. The proposal also offered Ms. Diaz an
opportunity to request a hearing, providing her 30 days from the date
of receipt of the letter in which to file the request, and advised her
that failure to request a hearing constituted an election not to use
the opportunity for a hearing and a waiver of any contentions
concerning this action. Ms. Diaz received the proposal on January 27,
2023. She did not request a hearing within the timeframe prescribed by
regulation and has, therefore, waived her opportunity for a hearing and
any contentions concerning her debarment (21 CFR part 12).

II. Findings and Order

    Therefore, the Assistant Commissioner, Office of Human and Animal
Food Operations, under section 306(a)(2)(A) of the FD&C Act, under
authority delegated to the Assistant Commissioner, finds that Ms. Diaz
has been convicted of a felony under Federal law for conduct relating
to the development or approval, including the process of development or
approval, of any drug product under the FD&C Act.
    As a result of the foregoing finding, Ms. Diaz is permanently
debarred from providing services in any capacity to a person with an
approved or pending drug product application, effective (see DATES)
(see sections 306(a)(2)(A) and 306(c)(2)(A)(ii) of the FD&C Act). Any
person with an approved or pending drug product application who
knowingly employs or retains as a consultant or contractor, or
otherwise uses the services of Ms. Diaz in any capacity during her
debarment, will be subject to civil money penalties (section 307(a)(6)
of the FD&C Act (21 U.S.C. 335b(a)(6))). If Ms. Diaz provides services
in any capacity to a person with an approved or pending drug product
application during her period of debarment, she will be subject to
civil money penalties (section 307(a)(7) of the FD&C Act (21 U.S.C.
335b(a)(7))). In addition, FDA will not accept or review any
abbreviated new drug application from Ms. Diaz during her period of
debarment, other than in connection with an audit under section 306 of
the FD&C Act (section 306(c)(1)(B) of the FD&C Act (21 U.S.C.
335a(c)(1)(B))). Note that, for purposes of sections 306 and 307 of the
FD&C Act (21 U.S.C. 335a and 335b), a ``drug product'' is defined as a
``drug subject to regulation under section 505, 512, or 802 of this Act
(21 U.S.C. 355, 360b, 382) or under section 351 of the Public Health
Service Act (42 U.S.C. 262)'' (section 201(dd) of the FD&C Act (21
U.S.C. 321(dd))).

    Dated: June 14, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-13135 Filed 6-20-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: March 13, 2007 (Volume 72, Number 48)]
[Notices]
[Page 11411-11413]
[DOCID:fr13mr07-91]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55407; File No. SR-ISE-2007-13]

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

March 6, 2007.
    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 February 7, 2007, the International Securities Exchange, LLC
(``ISE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been substantially
prepared by the ISE. The ISE has designated this proposal as one
establishing or changing a due, fee, or other charge applicable only to
a member under Section 19(b)(3)(A)(ii) of the Act,\3\ and Rule 19b-
4(f)(2) thereunder,\4\ which renders the proposal effective upon filing
with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The ISE is proposing to amend its Schedule of Fees to establish
fees for transactions in options on three Premium Products.\5\ The text
of the proposed rule change is available at the Exchange, the
Commission's Public Reference Room, and at http://www.iseoptions.com.

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

    \5\ Premium Products is defined in the Schedule of Fees as the
products enumerated therein.
---------------------------------------------------------------------------

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

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

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

1. Purpose
    The Exchange is proposing to amend its Schedule of Fees to
establish fees for transactions in options on the following three
Premium Products: ISE-Revere Wal-Mart Supplier Index (``WMX''),\6\
iShares Dow Jones U.S. Energy Sector Index Fund (``IYE''),\7\ and First
Trust Dow Jones Select MicroCap Index Fund (``FDM'').\8\ Specifically,
the Exchange is proposing to adopt an execution fee and a comparison
fee for all transactions in options on WMX, IYE, and FDM.\9\ The amount
of the execution fee and comparison fee for products covered by this
filing shall be $0.15 and $0.03 per contract, respectively, for all
Public Customer Orders\10\ and Firm Proprietary orders. The amount of
the execution fee and comparison fee for all ISE Market Maker
transactions shall be equal to the execution fee and comparison fee
currently charged by the Exchange for ISE Market Maker transactions in
equity options.\11\ Finally, the amount of the execution fee and
comparison fee for all non-ISE Market Maker transactions shall be $0.16
and $0.03 per contract, respectively. All of the applicable fees
covered by this filing are identical to fees charged by the Exchange
for all other Premium Products. The Exchange believes the proposed rule
change will further the Exchange's goal of introducing new products to
the marketplace that are competitively priced.
---------------------------------------------------------------------------

    \6\ The ISE-Revere Wal-Mart Supplier Index was jointly developed
by ISE and Revere Data, LLC (``Revere''). Revere, an independent and
privately owned provider of research data and investment analytics,
provides specific research and support for the Wal-Mart Supplier
Index. Wal-Mart[reg] is a trademark of Wal-Mart Stores, Inc. The
Wal-Mart Supplier Index is not sponsored, endorsed, sold or promoted
by Wal-Mart Stores, Inc., and Wal-Mart Stores, Inc. makes no
representation regarding the advisability of investing in WMX. Wal-
Mart Stores, Inc. has not licensed or authorized ISE to (i) engage
in the creation, listing, provision of a market for trading,
marketing, and promotion of options on WMX or (ii) to use any of
their trademarks or service marks in connection with the listing,
provision of a market for trading, marketing, and promotion of
options on WMX or with making disclosures concerning options on WMX
under any applicable federal or state laws, rules or regulations.
Wal-Mart Stores, Inc. does not sponsor, endorse, or promote such
activity by ISE, and is not affiliated in any manner with ISE.
    \7\ iShares[reg] is a registered trademark of Barclays Global
Investors, N.A. (``BGI''), a wholly owned subsidiary of Barclays
Bank PLC. ``Dow Jones'' and ``Dow Jones U.S. Energy Sector Index
Fund'' are trademarks and service marks of Dow Jones & Company, Inc.
(``Dow Jones'') and have been licensed for use for certain purposes
by BGI. All other trademarks and service marks are the property of
their respective owners. The Dow Jones U.S. Energy Sector Index Fund
is not sponsored, endorsed, issued, sold or promoted by Dow Jones.
BGI and Dow Jones have not licensed or authorized ISE to (i) engage
in the creation, listing, provision of a market for trading,
marketing, and promotion of options on IYE or (ii) to use and refer
to any of their trademarks or service marks in connection with the
listing, provision of a market for trading, marketing, and promotion
of options on IYE or with making disclosures concerning options on
IYE under any applicable federal or state laws, rules or
regulations. BGI and Dow Jones do not sponsor, endorse, or promote
such activity by ISE, and are not affiliated in any manner with ISE.
    \8\ The First Trust Dow Jones Select MicroCap Index
SM Fund is distributed by First Trust Portfolios, L.P.
``Dow Jones,'' and ``Dow Jones Select MicroCap Index,'' are
trademarks of Dow Jones & Company, Inc. and have been licensed for
use for certain purposes by First Trust. All other trademarks and
service marks are the property of their respective owners. The First
Trust Dow Jones Select MicroCap Index Fund is not sponsored,
endorsed, issued, sold or promoted by Dow Jones. First Trust and Dow
Jones have not licensed or authorized ISE to (i) engage in the
creation, listing, provision of a market for trading, marketing, and
promotion of options on FDM or (ii) to use and refer to any of their
trademarks or service marks in connection with the listing,
provision of a market for trading, marketing, and promotion of
options on FDM or with making disclosures concerning options on FDM
under any applicable federal or state laws, rules or regulations.
First Trust and Dow Jones do not sponsor, endorse, or promote such
activity by ISE, and are not affiliated in any manner with ISE.
    The Exchange represents that IYE and FDM constitute ``Fund
Shares,'' as defined by ISE Rule 502(h). The Exchange further
represents that WMX meets the standards of ISE Rule 2002(b), which
allows the ISE to begin trading this product by filing Form 19b-4(e)
at least five business days after commencement of trading this new
product pursuant to Rule 19b-4(e) of the Act. Accordingly, ISE filed
Form 19b-4(e) with the Commission on February 9, 2007.
    \9\ The Exchange represents that these fees will be charged only
to Exchange members. Under a pilot program that is set to expire on
July 31, 2007, these fees will also be charged to Linkage Orders (as
defined in ISE Rule 1900). See Securities Exchange Act Release No.
54204 (July 25, 2006), 71 FR 43548 (August 1, 2006) (SR-ISE-2006-
38).
    \10\ Public Customer Order is defined in Exchange Rule
100(a)(39) as an order for the account of a Public Customer. Public
Customer is defined in Exchange Rule 100(a)(38) as a person that is
not a broker or dealer in securities.
    \11\ The execution fee is currently between $.21 and $.12 per
contract side, depending on the Exchange Average Daily Volume, and
the comparison fee is currently $.03 per contract side.
---------------------------------------------------------------------------

    Additionally, the Exchange has entered into a license agreement
with Revere Data, LLC in connection with the listing and trading of
options on WMX. As with certain other licensed options, to defray the
licensing costs, the Exchange is adopting a surcharge fee of five (5)
cents per contract for trading in options on WMX. The Exchange believes
charging the participants that trade this instrument is the most
equitable means of recovering the costs of the license. However,
because of competitive pressures in the industry, the Exchange proposes
to exclude Public Customer Orders from this surcharge fee. Accordingly,
this surcharge fee will only be charged to Exchange members with
respect to non-Public Customer Orders (e.g., ISE Market Maker, non-ISE
Market Maker, and Firm Proprietary orders) and shall apply to Linkage
Orders\12\ under a pilot program that is set to expire on July 31,
2007.\13\ Further, the Exchange's Payment for Order Flow fee shall only
apply to the trading in options on IYE and FDM as these products are
multiply-listed.
---------------------------------------------------------------------------

    \12\ See ISE Rule 1900.
    \13\ See Securities Exchange Act Release No. 54204 (July 25,
2006), 71 FR 43548 (August 1, 2006) (SR-ISE-2006-38).
---------------------------------------------------------------------------

2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(4)\14\ that an exchange have an
equitable allocation of reasonable dues, fees and other charges among
its members and other persons using its facilities.
---------------------------------------------------------------------------

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

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

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

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act\15\ and Rule 19b-4(f)(2)\16\ thereunder. At any
time within 60 days of the filing of such proposed rule change, the
Commission may summarily abrogate such rule change if it appears to the
Commission that such action is necessary or appropriate in the public
interest, for the protection of investors, or otherwise in furtherance
of the purposes of the Act.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

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

File No. SR-ISE-2007-13 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.
    All submissions should refer to File Number SR-ISE-2007-13. 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. Copies of such
filing also will be available for inspection and copying at the
principal office of the ISE. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-ISE-2007-13 and should be submitted on or before April
3, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

    \17\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-4504 Filed 3-12-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 84, Number 83 (Tuesday, April 30, 2019)]
[Notices]
[Pages 18340-18341]
[FR Doc No: 2019-08706]

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DEPARTMENT OF TRANSPORTATION

Bureau of Transportation Statistics

[Docket ID Number: DOT-OST-2014-0031]

Agency Information Collection; Activity Under OMB Review;
Passenger Origin-Destination Survey Report

AGENCY: Office of the Assistant Secretary for Research and Technology
(OST-R), Bureau of Transportation Statistics (BTS), DOT.

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
Bureau of Transportation Statistics invites the general public,
industry and other governmental parties to comment on the continuing
need for and usefulness of BTS collecting a sample of airline passenger
itineraries with the dollar value of the passenger ticket. Certificated
air carriers that operated scheduled passenger service with at least
one aircraft having a seating capacity of over 60 seats or operates an
international route report these data. Comments are requested
concerning whether: (a) The collection is still needed by the
Department of Transportation; (b) BTS accurately estimates the
reporting burden; and (c) there are other ways to enhance the quality,
utility and clarity of the information collected.

DATES: Written comments should be submitted by July 1, 2019.

FOR FURTHER INFORMATION CONTACT: James Bouse, Office of Airline
Information, RTS-42, Room E34-441, OST-R, BTS, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001, Telephone Number<PHONE_NUMBER>, Fax
Number<PHONE_NUMBER> or EMAIL [email protected].
    Comments: Comments should identify the associated OMB approval #
2139-0013 and Docket ID Number DOT-OST-2014-0031. Persons wishing the
Department to acknowledge receipt of their comments must submit with
those comments a self-addressed stamped postcard on which the following
statement is made: Comments on OMB

# 2139-0013, Docket--DOT-OST-2014-0031. The postcard will be date/time
stamped and returned.

ADDRESSES: You may submit comments identified by DOT Docket ID Number
DOT-OST-2014-0031 by any of the following methods:
    Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the online instructions for submitting comments.
    Mail: Docket Services: U.S. Department of Transportation, 1200 New
Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington,
DC 20590-0001.
    Hand Delivery or Courier: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
    Fax:<PHONE_NUMBER>.
    Instructions: Identify docket number, DOT-OST-2014-0031, at the
beginning of your comments, and send two copies. To receive
confirmation that DOT received your comments, include a self-addressed
stamped postcard. Internet users may access all comments received by
DOT at http://www.regulations.gov. All comments are posted
electronically without charge or edits, including any personal
information provided.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or the street
address listed above. Follow the online instructions for accessing the
dockets.
    Electronic Access: you may access comments received for this notice
at http://www.regulations.gov, by searching docket DOT-OST-2014-0031.

SUPPLEMENTARY INFORMATION:
    OMB Approval No. 2139-0013.
    Title: Passenger Origin-Destination Survey Report.
    Form No.: None.
    Type of Review: Extension of a currently approved collection.
    Respondents: Certificated air carriers that operated scheduled
passenger service with at least one aircraft having a seating capacity
of over 60 seats or operates an international route report these data.
    Number of Respondents: 47 certificated air carriers.
    Number of Responses: 188.
    Estimated Time per Response: 60 hours.
    Total Annual Burden: 11,280 hours.
    Needs and Uses: Survey data are used in monitoring the airline
industry, negotiating international agreements, reviewing requests for
the grant of anti-trust immunity for air carrier alliance agreements,
selecting new international routes, selecting U.S. carriers to operate
limited entry foreign routes, and modeling the spread of contagious
diseases.
    The Confidential Information Protection and Statistical Efficiency
Act of 2002 (44 U.S.C. 3501 note), requires a statistical agency to
clearly identify information it collects for non-statistical purposes.
BTS hereby notifies the respondents and the public that BTS uses the
information it collects under this OMB approval for non-statistical
purposes including, but not limited to, publication of both
Respondent's identity and its data, submission of the information to
agencies outside BTS for review, analysis and possible use in
regulatory and other administrative matters.

    Issued in Washington, DC, on April 24, 2019.
William Chadwick, Jr.,
Director, Office of Airline Information, Bureau of Transportation
Statistics.
[FR Doc. 2019-08706 Filed 4-29-19; 8:45 am]
 BILLING CODE 4910-9X-P