[Federal Register Volume 77, Number 208 (Friday, October 26, 2012)]
[Notices]
[Pages 65444-65445]
[FR Doc No: 2012-26347]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0148, Notice 1]

Notice of Receipt of Petition for Decision That Nonconforming
1991 Mercedes-Benz G-Class (463 Chassis) Multi-Purpose Passenger
Vehicles Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Receipt of petition.

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SUMMARY: This document announces receipt by the National Highway
Traffic Safety Administration (NHTSA) of a petition for a decision that
1991 Mercedes-Benz G-class (463 chassis) multi-purpose passenger
vehicles (MPVs) that were not originally manufactured to comply with
all applicable Federal Motor Vehicle Safety Standards (FMVSS) are
eligible for importation into the United States because they have
safety features that comply with, or are capable of being altered to
comply with, all such standards.

DATES: The closing date for comments on the petition is November 26,
2012.

ADDRESSES: Comments should refer to the docket and notice numbers above
and be submitted by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility: 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: Comments must be written in the English language, and
be no greater than 15 pages in length, although there is no limit to
the length of necessary attachments to the comments. If comments are
submitted in hard copy form, please ensure that two copies are
provided. If you wish to receive confirmation that your comments were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to http://www.regulations.gov, including any personal information
provided. Please see the Privacy Act heading below.
    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).
    How To Read Comments Submitted to the Docket: You may read the
comments received by Docket Management at the address and times given
above. You may also view the documents from the Internet at http://www.regulations.gov.
    Follow the online instructions for accessing the dockets. The
docket ID number and title of this notice are shown at the heading of
this document notice. Please note that even after the comment closing
date, we will continue to file relevant information in the Docket as it
becomes available. Further, some people may submit late comments.
Accordingly, we recommend that you periodically search the Docket for
new material.

FOR FURTHER INFORMATION CONTACT: George Stevens, Office of Vehicle
Safety Compliance, NHTSA<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 30141(a)(1)(B), a motor vehicle that was not
originally manufactured to conform to all applicable FMVSS, and has no
substantially similar U.S.-certified counterpart, shall be refused
admission into the United States unless NHTSA has decided that the
motor vehicle has safety features that comply with, or are capable of
being altered to comply with, all applicable FMVSS based on destructive
test data or such other evidence as NHTSA decides to be adequate.
    Petitions for eligibility decisions may be submitted by either
manufacturers or importers who have registered with NHTSA pursuant to
49 CFR part 592. As specified in 49 CFR 593.7, NHTSA publishes notice
in the Federal Register of each petition that it receives, and affords
interested persons an opportunity to comment on the petition. At the
close of the comment period, NHTSA decides, on the basis of the
petition and any comments that it has received, whether the vehicle is
eligible for importation. The agency then publishes this decision in
the Federal Register.
    Wallace Environmental Testing Laboratories, Inc. of Houston, Texas
(WETL) (Registered Importer 90-005) has petitioned NHTSA to decide
whether nonconforming 1991 Mercedes-Benz G-class (463 chassis) MPVs are
eligible for importation into the United States. WETL believes these
vehicles are capable of being modified to meet all applicable FMVSS.
    In its petition, WETL noted that over a period of years, NHTSA has
granted import eligibility to a number of Mercedes-Benz G-class
(a.k.a., Gelaendewagen) vehicles based on the 463 chassis. These
include long wheel base (LWB) and short wheel base (SWB) models as well
as cabriolet, 3 door, and other body versions of the vehicle (assigned
vehicle eligibility numbers VCP-11, 15, 16, and 18). These eligibility
decisions were based on petitions submitted by several Registered
Importers (RIs) who claimed that the vehicles were capable of being
altered to comply with all applicable FMVSS.
    Because those vehicles were not manufactured for importation into
and sale in the United States, and were not certified by their original
manufacturer (Daimler Ag), as conforming to all applicable FMVSS, they
cannot be categorized as ``substantially similar'' to the vehicle that
is the subject of the instant petition for the purpose of establishing
import eligibility of that vehicle under 49 U.S.C. 30141(a)(1)(A).
Therefore, the agency will consider WETL's petition as a petition
pursuant to 49 U.S.C. 30141(a)(1)(B).
    WETL submitted information with its petition intended to
demonstrate that non-U.S. certified 1991 Mercedes-Benz G-class (463
chassis) MPVs conform to many FMVSS and are capable of being altered to
comply with all other standards to which they were not originally
manufactured to conform.
    Specifically, the petitioner claims that non-U.S. certified 1991
Mercedes-Benz G-class (463 chassis) MPVs, as originally manufactured,
conform to: Standard Nos. 102 Transmission Shift Lever Sequence,
Starter Interlock, and Transmission Braking Effect, 103 Windshield
Defrosting and Defogging Systems, 104 Windshield Wiping and Washing
Systems, 105 Hydraulic and Electric Brake Systems, 106 Brake Hoses, 113
Hood Latch System, 116 Motor Vehicle Brake Fluids, 119 New Pneumatic
Tires, 124 Accelerator Control Systems, 201 Occupant Protection in
Interior Impact, 202 Head Restraints, 204 Steering Control Rearward
Displacement, 205 Glazing Materials, 207 Seating Systems, 209 Seat Belt
Assemblies, 210 Seat Belt Assembly Anchorages, 212 Windshield Mounting,
214 Side Impact Protection, 216 Roof Crush Resistance, 219 Windshield
Zone Intrusion, and 302 Flammability of Interior Materials.
    The petitioner also contends that the vehicles are capable of being
altered to meet the following standards, in the manner indicated:
    Standard No. 101 Controls and Displays: Replacement of the
instrument cluster with a U.S.-model component.
    Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: If the vehicle is not already so equipped, installation of
U.S.-model: (a) Headlamps; (b) front and rear side marker lamps; (c)
tail lamp lenses; and (d) front turn signal lamps.
    Standard No. 111 Rearview Mirrors: Installation of a U.S.-model
passenger side rearview mirror, or inscription of the required warning
statement on the face of that mirror.
    Standard No. 114 Theft Protection: Installation of software to
reprogram the system to comply.
    Standard No. 118 Power-Operated Window, Partition, and Roof Panel
Systems: Inspection of each vehicle and reprogramming or rewiring of
the power operated window system.
    Standard No. 120 Tire Selection and Rims for Motor Vehicles Other
Than Passenger Cars: Installation of a tire and rim information
placard.
    Standard No. 206 Door Locks and Door Retention Components:
Replacement of door latch system components with U.S.-model components.
    Standard No. 208 Occupant Crash Protection: Reprogramming the
software for the seat belt warning system to meet the requirements of
this standard.
    The petitioner also stated that the vehicles are equipped with
self-tensioning combination lap and shoulder belts that release by use
of a single red push button at both front and rear outboard seating
positions. The vehicle is equipped with a driver's-side airbag (passive
restraint system).
    Standard No. 209 Seat Belt Assemblies: Replacement of the passenger
side seat belt with a U.S.-model component on vehicles that are not
already so equipped.
    Standard No. 301 Fuel System Integrity: Modification of the fuel
vapor system to meet the EPA Onboard Refueling Vapor Recovery (ORVR)
and the evaporative emissions requirements, which include installing a
rollover and check valve to meet the requirements of this standard.
    In addition, the petitioner states that a vehicle identification
number plate must be installed in the area of the left windshield post
to meet the requirements of 49 CFR Part 565 if the vehicle is not
already so equipped.
    All comments received before the close of business on the closing
date indicated above will be considered, and will be available for
examination in the docket at the above addresses both before and after
that date. To the extent possible, comments filed after the closing
date will also be considered. Notice of final action on the petition
will be published in the Federal Register pursuant to the authority
indicated below.

    Authority: 49 U.S.C. 30141(a)(1)(A), (a)(1)(B), and (b)(1); 49
CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8.

    Issued on: October 22, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-26347 Filed 10-25-12; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Rules and Regulations]
[Pages 35757-35758]
[FR Doc No: 2013-14123]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2013-0395]

Drawbridge Operation Regulations; Connecticut River, Westport, CT

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, First Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Route 82 Bridge across the Connecticut River, mile 16.8, between East
Haddam and Haddam, Connecticut. The deviation is necessary to
facilitate public safety during a public event, the bridge's 100th
Anniversary Parade. Under this temporary deviation,

the bridge may remain closed for two and one half hours.

DATES: This deviation is effective between 8 a.m. and 10:30 a.m. on
June 15, 2013.

ADDRESSES: The docket for this deviation, [USCG-2013-0395] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation. You may also visit the Docket
Management Facility in Room W12-140, on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Ms. Judy Leung-Yee, Project Officer,
First Coast Guard District<EMAIL_ADDRESS>or (212) 668-
7165. If you have questions on viewing the docket, call Barbara
Hairston, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Route 82 Bridge has a vertical clearance
of 22 feet at mean high water and 25 feet at mean low water in the
closed position. The existing drawbridge operating regulations are
found at 33 CFR 117.205(c).
    The bridge owner, Connecticut Department of Transportation,
requested a two and a half hour closure to facilitate public safety
during a public event, the 100th Anniversary Parade at the bridge.
    Under this temporary deviation the bridge may remain in the closed
position between 8 a.m. and 10:30 a.m. on June 15, 2013. Vessels that
can pass under the bridge without a bridge opening may do so at all
times.
    The Connecticut River supports both commercial and recreational
navigation of various sizes.
    In accordance with 33 CFR 117.35(e), the bridge must return to its
regular operating schedule immediately at the end of the designated
deviation period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: June 4, 2013.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
[FR Doc. 2013-14123 Filed 6-13-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 106 (Tuesday, June 2, 2020)]
[Notices]
[Page 33779]
[FR Doc No: C1-2020-11288]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2020-31]

Petition for Exemption; Summary of Petition Received; Airlines
for America

Correction

    In notice document 2020-11288, appearing on page 31850 in the issue
of Wednesday, May 27, 2020 make the following correction.
    On page 31850, in the first column, in the DATES section, ``June 3,
2024'' should read ``June 3, 2020''.

[FR Doc. C1-2020-11288 Filed 5-29-20; 4:15 pm]
 BILLING CODE 1300-01-D


[Federal Register: February 10, 2010 (Volume 75, Number 27)]
[Proposed Rules]
[Page 6593-6594]
[DOCID:fr10fe10-15]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-1154; Airspace Docket No. 09-AGL-35]

Proposed Amendment of Class E Airspace; Marion, IL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E airspace in the Marion,
IL area. Additional controlled airspace is necessary to accommodate new
Standard Instrument Approach Procedures (SIAPs) at Southern Illinois
Airport, Carbondale/Murphysboro, IL. The FAA is taking this action to
enhance the safety and management of Instrument Flight Rules (IFR)
operations at the airport.

DATES: 0901 UTC. Comments must be received on or before March 29, 2010.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2009-1154/Airspace Docket No. 09-
AGL-35, at the beginning of your comments. You may also submit comments
through the Internet at http://www.regulations.gov. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in the Dockets Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The Docket Office
(telephone 1-800-647-5527), is on the ground floor of the building at
the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: 817-321-
7716.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2009-1154/
Airspace Docket No. 09-AGL-35.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRM's

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://
www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_
amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see ``ADDRESSES'' section for address and phone number) between
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. An
informal docket may also be examined during normal business hours at
the office of the Central Service Center, 2601 Meacham Blvd., Fort
Worth, TX 76137.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), Part 71 by adding additional Class E airspace extending
upward from 700 feet above the surface in the Marion, IL airspace area,
establishing controlled airspace for SIAPs at Southern Illinois
Airport, Carbondale/Murphysboro, IL. The addition of the RNAV (GPS) RWY
36R SIAP at Southern Illinois Airport has created the need to extend
Class E airspace to the south of the current airspace. Adjustment to
the geographic coordinates for Williamson County Regional Airport,
Marion, IL, also would be made in accordance with the FAAs National
Aeronautical Charting Office. Controlled airspace is needed for the

safety and management of IFR operations at the airport.
    Class E airspace areas are published in Paragraph 6005 of FAA Order
7400.9T, dated August 27, 2009, and effective September 15, 2009, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document would be published subsequently in
the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would add additional controlled airspace in the Marion, IL area.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR Part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

    1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of FAA Order
7400.9T, Airspace Designations and Reporting Points, signed August 27,
2009, and effective September 15, 2009, is amended as follows:

Paragraph 6005 Class E Airspace areas extending upward from 700 feet
or more above the surface of the earth.
* * * * *

AGL IL E5 Marion, IL [Amended]

Carbondale/Murphysboro, Southern Illinois Airport, IL
    (Lat. 37[deg]46'41'' N., long. 89[deg]15'07'' W.)
Marion, Williamson County Regional Airport, IL
    (Lat. 37[deg]45'18'' N., long. 89[deg]00'40'' W.)

    That airspace extending upward from 700 feet above the surface
bounded by a line beginning at lat. 37[deg]53'40'' N., long.
88[deg]48'35'' W.; to lat. 37[deg]56'25'' N., long. 89[deg]02'40''
W.; to lat. 37[deg]58'45'' N., long. 89[deg]20'25'' W.; to lat.
37[deg]47'25'' N., long. 89[deg]26'00'' W.; to lat. 37[deg]42'10''
N., long. 89[deg]24'00'' W.; to lat. 37[deg]40'46'' N., long.
89[deg]20'17'' W.; to lat. 37[deg]34'56'' N., long. 89[deg]20'25''
W.; to lat. 37[deg]34'48'' N., long. 89[deg]10'21'' W.; to lat.
37[deg]37'05'' N., long. 89[deg]10'18'' W.; to lat. 37[deg]32'50''
N., long. 88[deg]59'00'' W.; to lat. 37[deg]42'35'' N., long.
88[deg]52'15'' W.; to the point of beginning.

    Issued in Fort Worth, TX on February 1, 2010.
Anthony D. Roetzel,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2010-2927 Filed 2-9-10; 8:45 am]
BILLING CODE 4901-13-P


[Federal Register Volume 88, Number 189 (Monday, October 2, 2023)]
[Notices]
[Pages 67851-67852]
[FR Doc No: 2023-21622]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98530; File No. SR-CboeBZX-2023-028]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Designation of a Longer Period for Commission Action on Proceedings To
Determine Whether To Approve or Disapprove a Proposed Rule Change, as
Modified by Amendment No. 3, To List and Trade Shares of the ARK
21Shares Bitcoin ETF Under BZX Rule 14.11(e)(4), Commodity-Based Trust
Shares

September 26, 2023.
    On April 25, 2023, Cboe BZX Exchange, Inc. (``BZX'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to list and trade shares of the ARK 21Shares
Bitcoin ETF under BZX Rule 14.11(e)(4), Commodity-Based Trust Shares.
The proposed rule change was published for comment in the Federal
Register on May 15, 2023.\3\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 97461 (May 9, 2023),
88 FR 31045. Comments received on the proposed rule change can be
found at: https://www.sec.gov/comments/sr-cboebzx-2023-028/srcboebzx2023028.htm.
---------------------------------------------------------------------------

    On June 15, 2023, pursuant to Section 19(b)(2) of the Act,\4\ the
Commission designated a longer period within which to approve the
proposed rule change, disapprove the proposed rule change, or institute
proceedings to determine whether to disapprove the proposed rule
change.\5\ On June 28, 2023, the Exchange filed Amendment No. 1 to the
proposed rule change, which amended and replaced the proposed rule
change in its entirety. On June 30, 2023, the Exchange filed Amendment
No. 2 to the proposed rule change, which amended and replaced the
proposed rule change, as modified by Amendment No. 1, in its entirety.
On July 11, 2023, the Exchange filed Amendment No. 3 to the proposed
rule change, which amended and replaced the proposed rule change, as
modified by Amendment No. 2, in its entirety. On August 11, 2023, the
Commission published notice of Amendment No. 3 to the proposed rule
change and instituted proceedings under Section 19(b)(2)(B) of the Act
\6\ to determine whether to approve or disapprove the proposed rule
change, as modified by Amendment No. 3.\7\
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 97732, 88 FR 40877
(June 22, 2023). The Commission designated August 13, 2023, as the
date by which the Commission shall approve or disapprove, or
institute proceedings to determine whether to disapprove, the
proposed rule change.
    \6\ 15 U.S.C. 78s(b)(2)(B).
    \7\ See Securities Exchange Act Release No. 98112, 88 FR 55743
(Aug. 16, 2023).
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \8\ provides that, after initiating
proceedings, the Commission shall issue an order approving or
disapproving the proposed rule change not later than 180 days after the
date of publication of notice of filing of the proposed rule change.
The Commission may extend the period for issuing an order approving or
disapproving the proposed rule change, however, by not more than 60
days if the Commission determines that a longer period is appropriate
and publishes the reasons for such determination. The proposed rule
change was published for comment in the Federal Register on May 15,
2023.\9\ The 180th day after publication of the proposed rule change is
November 11, 2023. The Commission is extending the time period for
approving or disapproving the proposed rule change for an additional 60
days.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(2).
    \9\ See supra note 3.
---------------------------------------------------------------------------

    The Commission finds that it is appropriate to designate a longer
period within which to issue an order approving or disapproving the
proposed rule change so that it has sufficient time

to consider the proposed rule change, as modified by Amendment No. 3,
and the issues raised therein. Accordingly, the Commission, pursuant to
Section 19(b)(2) of the Act,\10\ designates January 10, 2024, as the
date by which the Commission shall either approve or disapprove the
proposed rule change, as modified by Amendment No. 3 (File No. SR-
CboeBZX-2023-028).
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-21622 Filed 9-29-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 181 (Tuesday, September 18, 2018)]
[Rules and Regulations]
[Pages 47044-47047]
[FR Doc No: 2018-19853]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0327; Product Identifier 2018-CE-001-AD; Amendment
39-19404; AD 2018-19-04]
RIN 2120-AA64

Airworthiness Directives; Learjet, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Learjet, Inc. Models 28, 29, 31, 31A, 35, 35A, 36, 36A, 55, 55B, 55C,
and 60 airplanes. This AD was prompted by fatigue cracks initiating in
the flap support structure due to repetitive flap loads, which has
caused flap nose roller support bracket failure. This AD requires
replacement of the flap nose roller fitting, nose roller support
bracket, and adjacent rib support structure with improved components.
We are issuing this AD to address the unsafe condition on these
products.

DATES: This AD is effective October 23, 2018.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 23,
2018.

ADDRESSES: For service information identified in this final rule,
contact Learjet, Inc., One Learjet Way, Wichita, Kansas 67209;
telephone:<PHONE_NUMBER>; email: [email protected]; internet:
https://www.bombardier.com. You may view this service information at
the FAA, Policy and Innovation Division, 901 Locust, Kansas City,
Missouri 64106. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>. It is also available on the internet at
http://www.regulations.gov by searching for and locating Docket No.
FAA-2018-0327.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0327; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is

Docket Operations, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Tara Shawn, Aerospace Engineer,
Wichita ACO Branch, 1801 Airport Road, Room 100, Wichita, Kansas 67209;
telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
[email protected] or [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Learjet, Inc.
Models 28, 29, 31, 31A, 35, 35A, 36, 36A, 55, 55B, 55C, and 60
airplanes. The NPRM published in the Federal Register on May 8, 2018
(83 FR 20740). The NPRM was prompted by a report that a skewed flap and
aileron became bound on a Model 31A airplane, which was later found to
have fatigue cracks in the flap support structure due to repetitive
flap loads. Fatigue cracks in the flap support structure caused by
repetitive flap loads can result in failure of the flap nose roller
support bracket. Repetitive flap loads occur on all models identified
by this AD. The NPRM proposed to require replacement of the flap nose
roller fitting, nose roller support bracket, and adjacent rib support
structure with improved components. This condition, if not addressed,
could result in loss of roll control on approach with consequent loss
of control of the airplane. We are issuing this AD to address the
unsafe condition on these products.

Comments

    We gave the public the opportunity to participate in developing
this final rule. We received no comments on the NPRM or on the
determination of the cost to the public.

Clarification of Repair Method

    We have revised this action to clarify that operators are not
required to obtain repair instructions from Learjet. Instead, operators
must use a repair method approved by the Manager, Wichita ACO Branch,
FAA.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this final rule as proposed except
for the changes described previously and other minor editorial changes.
We have determined that these changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    We reviewed Bombardier Learjet 28/29 Service Bulletin SB 28/29-27-
31 Recommended, dated September 11, 2017; Bombardier Learjet 31 SB 31-
27-35 Recommended, dated September 11, 2017; Bombardier Learjet 35/36
SB 35/36-27-50 Recommended, dated September 11, 2017; Bombardier
Learjet 55 SB 55-27-41 Recommended, dated September 11, 2017; and
Bombardier Learjet 60 SB 60-27-39 Recommended, Revision 1, dated
January 15, 2018. For the applicable models, the service information
describes procedures for replacement of the flap nose roller fitting,
nose roller support bracket, and adjacent rib support structure with
improved components. The service information also contains instructions
to ensure correct flap alignment. This service information is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 706 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost          Parts cost *       product        operators
----------------------------------------------------------------------------------------------------------------
Replacement of flap nose roller         188 work-hours x $85 per         $12,213         $28,193     $19,904,258
 fitting, nose roller support bracket,   hour = $15,980.
 and adjacent rib support structure
 with improved components.
----------------------------------------------------------------------------------------------------------------
* Parts cost is an average of the combined costs for replacement of all of the kits per airplane. Not all
  airplanes will need all kits, as credit is allowed for some previous installations.

                         Individual Parts Cost *
------------------------------------------------------------------------
                       Kit Number (K/N)                        Part cost
------------------------------------------------------------------------
K/N 2381000-802..............................................       $827
K/N 2381000-804..............................................        822
K/N 2381000-806..............................................        780
K/N 2381000-808..............................................        793
K/N 2381000-809..............................................      1,358
K/N 2381000-810..............................................      1,358
K/N 2381000-811..............................................      1,822
K/N 2381000-817..............................................      1,674
K/N 2381000-818..............................................      1,432
K/N 2381000-819..............................................      1,415
K/N 2381000-820..............................................      1,912
K/N 2381000-821..............................................      1,912
------------------------------------------------------------------------
* Parts required for replacement may vary for different models and
  different airplanes.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to small airplanes, gliders,
balloons, airships, domestic business jet transport airplanes, and
associated

appliances to the Director of the Policy and Innovation Division.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2018-19-04 Learjet, Inc.: Amendment 39-19404; Docket No. FAA-2018-
0327; Product Identifier 2018-CE-001-AD.

(a) Effective Date

    This AD is effective October 23, 2018.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to the Learjet, Inc. model airplanes that
are certificated in any category, as listed in table 1 to paragraph
(c) of this AD.
[GRAPHIC] [TIFF OMITTED] TR18SE18.000

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 2750, TE Flap Control System.

(e) Unsafe Condition

    This AD was prompted by reports of fatigue cracks initiating in
the flap support structure due to repetitive flap loads. We are
issuing this AD to require replacement of the flap nose roller
fitting, nose roller support bracket, and adjacent rib support
structure with improved components. The unsafe condition, if not
addressed, could cause failure of the flap nose roller support
bracket and lead to loss of roll control on approach with consequent
loss of control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Corrective Action

    (1) For Models 28 and 29 airplanes:
    (i) Within 24 months after October 23, 2018 (the effective date
of this AD) or within 400 landings after October 23, 2018 (the
effective date of this AD), whichever occurs first, replace the nose
roller fitting, nose roller support bracket, and adjacent rib
support structure with replacement parts by following the
Accomplishment Instructions in Bombardier Learjet 28/29 Service
Bulletin SB 28/29-27-31 Recommended, dated September 11, 2017.
    (ii) Although Paragraph 3.B.(1) of the applicable SB for these
models that have modified flap roller assemblies requires the
operator to contact Learjet Inc. for repair instructions, this AD
requires that you do the repair using a method approved by the
Manager, Wichita ACO Branch, FAA. For a repair method to be approved
by the Manager, Wichita ACO Branch, as required by this paragraph,
the Manager's approval letter must specifically refer to this AD.
    (2) For Models 31 and 31A airplanes: Within 24 months after
October 23, 2018 (the effective date of this AD) or within 400
landings after October 23, 2018 (the effective date of this AD),
whichever occurs first, replace the nose roller fitting, nose roller
support bracket, and adjacent rib support structure with replacement
parts by following the Accomplishment Instructions in Bombardier
Learjet 31 SB 31-27-35 Recommended, dated September 11, 2017.

    (3) For Models 35, 35A, 36, and 36A airplanes: Within 24 months
after October 23, 2018 (the effective date of this AD) or within 400
landings after October 23, 2018 (the effective date of this AD),
whichever occurs first, replace the nose roller fitting, nose roller
support bracket, and adjacent rib support structure with replacement
parts by following the Accomplishment Instructions in Bombardier
Learjet 35/36 SB 35/36-27-50 Recommended, dated September 11, 2017.
    (4) For Models 55, 55B, and 55C airplanes: Within 24 months
after October 23, 2018 (the effective date of this AD) or within 400
landings after October 23, 2018 (the effective date of this AD),
whichever occurs first, replace the nose roller fitting, nose roller
support bracket, and adjacent rib support structure with replacement
parts by following the Accomplishment Instructions in Bombardier
Learjet 55 SB 55-27-41 Recommended, dated September 11, 2017.
    (5) For Model 60 airplanes: Within 12 months after October 23,
2018 (the effective date of this AD) or within 200 landings after
October 23, 2018 (the effective date of this AD), whichever occurs
first, replace the nose roller fitting, nose roller support bracket,
and adjacent rib support structure with replacement parts by
following the Accomplishment Instructions in Bombardier Learjet 60
SB 60-27-39 Recommended, Revision 1, dated January 15, 2018.
    (6) For all airplanes: Some compliance times in this AD are
presented in landings. If you do not keep a record of the total
number of landings, then use a 1-to-1 conversion for hours time-in-
service (TIS) to landings. Example: 20 hours TIS = 20 landings.
    (7) For Models 31, 31A, 35, 35A, 36, 36A, 55, 55B, 55C, and 60
airplanes: Although Paragraph 3.B.(2) of the applicable SB for these
models that have modified flap roller assemblies requires the
operator to contact Learjet Inc. for repair instructions, this AD
requires you do the repair using a method approved by the Manager,
Wichita ACO Branch, FAA. For a repair method to be approved by the
Manager, Wichita ACO Branch, as required by this paragraph, the
Manager's approval letter must specifically refer to this AD.

(h) Credit for Previous Actions

    For Model 60 airplanes: This AD allows credit for actions
required in paragraph (g)(5) of this AD if done before the effective
date of this AD following Bombardier Learjet 60 SB 60-27-39
Recommended, Basic Issue, dated September 11, 2017.

(i) No Reporting Requirement

    Although Bombardier Learjet 28/29 SB 28/29-27-31 Recommended,
dated September 11, 2017; Bombardier Learjet 31 SB 31-27-35
Recommended, dated September 11, 2017; Bombardier Learjet 35/36 SB
35/36 -27-50 Recommended, dated September 11, 2017; Bombardier
Learjet 55 SB 55-27-41 Recommended, dated September 11, 2017; and
Bombardier Learjet 60 SB 60-27-39 Recommended, Revision 1, dated
January 15, 2018, all specify to submit a compliance response form
to the manufacturer per paragraph 3.E., this AD does not require
that action.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Wichita ACO branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (k)(1) of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(k) Related Information

    For more information about this AD, contact Tara Shawn,
Aerospace Engineer, Wichita ACO Branch, 1801 Airport Road, Room 100,
Wichita, Kansas 67209; telephone:<PHONE_NUMBER>; fax: (316) 946-
4107; email: [email protected] or [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Bombardier Learjet 28/29 Service Bulletin (SB) 28/29-27-31
Recommended, dated September 11, 2017;
    (ii) Bombardier Learjet 31 SB 31-27-35 Recommended, dated
September 11, 2017;
    (iii) Bombardier Learjet 35/36 SB 35/36 -27-50 Recommended,
dated September 11, 2017;
    (iv) Bombardier Learjet 55 SB 55-27-41 Recommended, dated
September 11, 2017; and
    (v) Bombardier Learjet 60 SB 60-27-39 Recommended, Revision 1,
dated January 15, 2018.
    (3) For service information identified in this AD, contact
Learjet, Inc., One Learjet Way, Wichita, Kansas 67209; telephone:
316-946-2000; email: [email protected]; internet: https://www.bombardier.com.
    (4) You may view this service information at the FAA, Policy and
Innovation Division, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148. In addition, you can access this service information
on the internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2017-1078.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on August 31, 2018.
Melvin J. Johnson,
Deputy Director, Policy & Innovation Division, Aircraft Certification
Service.
[FR Doc. 2018-19853 Filed 9-17-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 144 (Thursday, July 28, 2022)]
[Notices]
[Pages 45389-45390]
[FR Doc No: 2022-16164]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2022-0026]

Notice of Availability of a Final General Conformity
Determination for the California High-Speed Rail System, San Francisco
to San Jose Section

AGENCY: Federal Railroad Administration (FRA), U.S. Department of
Transportation (DOT).

ACTION: Notice.

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

SUMMARY: FRA is providing this notice to advise the public that it is
issuing a Final General Conformity Determination (FCD) for the San
Francisco to San Jose Section of the California High-Speed Rail (HSR)
System (Project). The Project is located between Fourth and King Street
Station in San Francisco, CA, and Scott Boulevard in Santa Clara, CA,
along and adjacent to the existing Caltrain rail corridor.

FOR FURTHER INFORMATION CONTACT: Lana Lau, Supervisory Environmental

Protection Specialist, RPD, telephone:<PHONE_NUMBER>, email:
[email protected]; or Marlys Osterhues, Chief Environment and Project
Engineering, RPD, telephone:<PHONE_NUMBER>, email:
[email protected].

SUPPLEMENTARY INFORMATION: Pursuant to 23 U.S.C. 327 (Section 327), the
California High-Speed Rail Authority (Authority) has assumed FRA's
environmental review responsibilities under the National Environmental
Policy Act (NEPA; 42 U.S.C. 4321 et seq.). However, under Section 327,
FRA remains responsible for compliance with the Clean Air Act General
Conformity requirements. In compliance with NEPA and the California
Environmental Quality Act (CEQA), the Authority published a Final
Environmental Impact Record/Final Environmental Impact Statement (EIR/
EIS) for the San Francisco to San Jose Section of the California High-
Speed Rail (HSR) System on June 10, 2022.
    FRA prepared a Draft General Conformity Determination, pursuant to
40 CFR part 93, subpart B, which establishes the process for complying
with the General Conformity requirements of the Clean Air Act. FRA
published a notice in the Federal Register on May 2, 2022, advising the
public of the availability of the Draft Conformity Determination for a
30-day review and comment period. The Draft Conformity Determination
was published at http://www.regulations.gov, Docket No. FRA-2022-0026.
The comment period of the Draft Conformity Determination closed on June
2, 2022. FRA received one comment on the Draft General Conformity
Determination on behalf of the City of Brisbane. The commenter stated
``the Draft GCD findings are erroneous because it is based upon the
Project's EIR/EIS, which provides inaccurate and incomplete
information.'' The commenter also identified specific statements in the
Draft General Conformity Determination where the commenter believed the
analysis was deficient. FRA prepared a response to the City's comment,
which is included as Attachment B to the Final General Conformity
Determination.
    FRA prepared the Final General Conformity Determination pursuant to
40 CFR part 93, subpart B, and based on the Authority's coordination
with the U.S. Environmental Protection Agency (EPA), Bay Area Air
Quality Management District (BAAQMD), and the California Air Resources
Board (CARB). The analysis found that construction period emissions for
one of the Project alternatives (Alternative B) would exceed the
General Conformity de minimis threshold for Nitrogen Oxides (NOx).
However, operation of the Project would result in an overall reduction
of regional emissions of all applicable air pollutants and would not
cause a localized exceedance of an air quality standard. Consistent
with the General Conformity Rule, the Authority will ensure all
remaining emissions that exceed the de minimis thresholds, after
implementation of the impact avoidance and minimization features and
onsite mitigation measures, will be completely mitigated to zero
through agreements with the applicable air districts. Based on this
commitment, FRA determined the Project will conform to the requirements
in the approved State Implementation Plan.
    The Final General Conformity Determination is available at http://www.regulations.gov, Docket No. FRA-2022-0026, and FRA's website at
https://railroads.dot.gov/environment/environmental-reviews/clean-air-act-california-general-conformity-determinations,

    Issued in Washington, DC
Marlys A. Osterhues,
Chief Environment and Project Engineering.
[FR Doc. 2022-16164 Filed 7-27-22; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Notices]
[Pages 33446-33448]
[FR Doc No: 2021-13283]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92169; File No. SR-CBOE-2021-038]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Its Fees Schedule Relating to the Sale of Historical Intraday Open-
Close Volume Data

June 14, 2021.
    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 June 1, 2021, Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe
Options'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
---------------------------------------------------------------------------

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

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

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options) proposes
to amend its Fees Schedule relating to the sale of historical Intraday
Open-Close volume data. The text of the proposed rule change is
provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its Fees Schedule to offer a free
trial during the months of June and July 2021 for an ad-hoc request of
three (3) historical months of Intraday Open-Close historical data to
all Cboe Options Trading Permit Holders (``TPHs'') and non-TPHs who
have never before subscribed to the Intraday Open-Close historical
files.
    By way of background, the Exchange historically offered Open-Close
Data, which is an end-of-day volume summary of trading activity on the
Exchange at the option level by origin (customer, professional
customer, broker-dealer, and market maker), side of the market (buy or
sell), price, and transaction type (opening or closing). The customer
and professional customer volume is further broken down into trade size
buckets (less than 100 contracts, 100-199 contracts, greater than 199
contracts). The Open-Close Data is proprietary Cboe Options trade data
and does not include trade data from any other exchange. It is also a
historical data product and not a real-time data feed. The recently
adopted Intraday Open-Close Data provides similar information to that
of Open-Close Data but is produced and updated every 10 minutes during
the trading day. Data is captured in ``snapshots'' taken every 10
minutes throughout the trading day and is available to subscribers
within five minutes of the conclusion of each 10-minute period.\3\ The
Intraday Open-Close Data provides a volume summary of trading activity
on the Exchange at the option level by origin (customer, professional
customer, broker-dealer, and market maker), side of the market (buy or
sell), and transaction type (opening or closing). The customer and
professional customer volume are further broken down into trade size
buckets (less than 100 contracts, 100-199 contracts, greater than 199
contracts). The Intraday Open-Close Data is also proprietary Cboe
Options trade data and does not include trade data from any other
exchange.
---------------------------------------------------------------------------

    \3\ For example, subscribers to the intraday product will
receive the first calculation of intraday data by approximately 9:42
a.m. ET, which represents data captured from 9:30 a.m. to 9:40 a.m.
Subscribers will receive the next update at 9:52 a.m., representing
the data previously provided together with data captured from 9:40
a.m. through 9:50 a.m., and so forth. Each update will represent the
aggregate data captured from the current ``snapshot'' and all
previous ``snapshots.''
---------------------------------------------------------------------------

    Cboe LiveVol, LLC (``LiveVol''), a wholly owned subsidiary of the
Exchange's parent company, Cboe Global Markets, Inc., makes the
Intraday Open-Close Data available for purchase to TPHs and non-TPHs on
the LiveVol DataShop website (datashop.cboe.com). Customers may
currently purchase Intraday Open-Close Data on a subscription basis
(monthly or annually) or by ad hoc request for a specified month (e.g.,
request for Intraday Open-Close Data for month of January 2021). The
Exchange seeks only to adopt a free trial for historical ad hoc
requests for Intraday Open-Close Data for new purchasers. Currently, ad
hoc requests for historical Intraday Open-Close Data are available to
all customers at the same price and in the same manner. The current
charge for this historical Intraday Open-Close Data covering all of the
Exchange's securities (Equities, Indexes & ETF's) is $1,000 per month.
The Exchange now proposes to adopt a free trial available during the
months of June and July 2021 to provide up to three (3) historical
months of Intraday Open-Close Data to any TPH or non-TPH that has not
previously subscribed to this offering.\4\ The Exchange believes the
proposed trial will serve as an incentive for new users to start
purchasing Intraday Open-Close historical data. Particularly, the
Exchange believes it will give potential subscribers the ability to use
and test the data offering before signing up for additional months. The
Exchange also notes another exchange offers a free trial for new
subscribers of a similar data product.\5\ Lastly, the purchase of
Intraday Open-Close historical data is discretionary and not
compulsory.
---------------------------------------------------------------------------

    \4\ For example, if a TPH or non-TPH that has never made an ad-
hoc request for a specified month of Intraday Open-Close historical
data wishes to purchase Intraday Open-Close Data for the months of
January, February and March 2021 during the month of June 2021, the
historical files for those months would be provided free of charge.
If a new user wishes to purchase Intraday Open-Close historical data
for the months of January, February, March and April 2021 during the
month of June 2021, then the data for January, February and March
2021 would be provided free of charge, and the new user would be
charged $1,000 for the April 2021 historical file.
    \5\ See Nasdaq ISE, Options 7 Pricing Schedule, Section 10A.,
Nasdaq ISE Open/Close Trade Profile End of Day.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with

the objectives of Section 6 of the Act,\6\ in general, and furthers the
objectives of Section 6(b)(4),\7\ in particular, as it is designed to
provide for the equitable allocation of reasonable dues, fees and other
charges among its Members and issuers and other persons using its
facilities. The Exchange also believes that the proposed rule change is
consistent with the objectives of Section 6(b)(5) \8\ requirements that
the rules of an exchange be designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest, and, particularly, is not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers. Additionally, the Exchange believes the proposed
rule change is consistent with the Section 6(b)(5) \9\ requirement that
the rules of an exchange not be designed to permit unfair
discrimination between customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(4).
    \8\ 15 U.S.C. 78f.(b)(5).
    \9\ Id.
---------------------------------------------------------------------------

    In particular, the Exchange believes that the proposed free trial
for any TPH or non-TPH who has not previously purchased Intraday Open-
Close historical data is reasonable because such users would not be
subject to fees for up to 3 months' worth of Intraday Open-Close
historical data. The Exchange believes the proposed free trial is also
reasonable as it will give potential subscribers the ability to use and
test the Intraday Open-Close historical data prior to purchasing
additional months and will therefore encourage and promote new users to
purchase the Intraday Open-Close historical data. The Exchange believes
that the proposed discount is equitable and not unfairly discriminatory
because it will apply equally to all TPHs and non-TPHs who have not
previously purchased Intraday Open-Close historical data. Lastly, as
noted above, another exchange offers a free trial to new users for a
similar data product \10\ and purchase of this data product is
discretionary and not compulsory.
---------------------------------------------------------------------------

    \10\ See Nasdaq ISE, Options 7 Pricing Schedule, Section 10A.,
Nasdaq ISE Open/Close Trade Profile End of Day.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange does not
believe that the proposed rule change will impose any burden on
intramarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act because the proposed rule change
will apply to all TPHs and non-TPHs who have never made an ad-hoc
request to purchase Intraday Open-Close historical data. Moreover,
purchase of Intraday Open-Close historical files is discretionary and
not compulsory.
    The Exchange does not believe that the proposed rule changes will
impose any burden on intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act because the
proposed change applies only to Cboe Options. Furthermore, another
exchange currently offers a similar free trial to new users of a
similar data product.\11\
---------------------------------------------------------------------------

    \11\ See Nasdaq ISE, Options 7 Pricing Schedule, Section 10A.,
Nasdaq ISE Open/Close Trade Profile End of Day.
---------------------------------------------------------------------------

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \12\ of the Act and subparagraph (f)(2) of Rule
19b-4 \13\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \14\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2021-038 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2021-038. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CBOE-2021-038 and should be submitted on
or before July 15, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-13283 Filed 6-23-21; 8:45 am]
BILLING CODE 8011-01-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON D.C., 20460

								  PC Code: 071503								         	   DP Barcode: D342828, 348540

Date: March 12, 2008

MEMORANDUM

SUBJECT:	Tier I Drinking Water Assessment for the Fludioxonil Proposed New Use on Grapes; and the Proposed IR-4 New Uses on Tomato, Avocado and Related Tropical Fruits, Herb Subgroup 19A, Root Vegetables, Leaves of Root Vegetables, Lemon, Lime, Cucurbits, and Tuberous and Corm Vegetables (Except Potato Subgroup, Except Yam)

TO:		Sidney Jackson, Risk Manager Reviewer

		Barbara Madden, Team Leader

		Minor Use Team

		Registration Division (7505P)

Lisa Jones, Risk Manager Reviewer

Mary Waller, Team Leader

Fungicide Branch

Registration Division (7505P)

John Redden, Team Leader

ARIA

Registration Division (7505P)

FROM:	Cheryl Sutton, Ph.D., Environmental Scientist

		Environmental Risk Branch IV

		Environmental Fate and Effects Division (7507P)

REVIEWED

BY:		R. David Jones, Ph.D., Senior Agronomist

Environmental Risk Branch IV

		Environmental Fate and Effects Division (7507P)

APPROVED

BY:		Elizabeth Behl, Branch Chief

		Environmental Risk Branch IV

		Environmental Fate and Effects Division (7507P)

EXECUTIVE SUMMARY

This memo summarizes the Tier I Estimated Drinking Water Concentrations (EDWC) for fludioxonil in drinking water for the proposed Section 3 new use on grapes, and the proposed IR-4 new uses on tomato, avocado and related tropical fruits, herb subgroup 19A, root vegetables, leaves of root vegetables, lemon, lime, cucurbits, and tuberous and corm vegetables (except potato subgroup, except yam).  Fludioxonil (CAS 131341-86-1), a fungicide, is the active ingredient in the pesticides SCHOLAR (EPA Reg. No. 100-969), Scholar EC Fungicide (EPA Reg. No. 100-1242), and Medallion® (EPA Reg. No. 100-769); and is an active ingredient (along with cyprodinil) in the pesticide SWITCH® 62.5 WG (EPA Reg. No. 100-953). Similar to previous assessments, this evaluation is limited to the risks associated with fludioxonil alone and does not include risks associated with fludioxonil in combination with cyprodinil.

The assessment is a Tier I screening-level assessment conducted using the models SCIGROW and FIRST with maximum application rates. Additional refinements of the assessment can be developed with higher tier analysis, if requested by HED.

The maximum proposed application rate among the proposed new uses considered for this assessment is 0.2188 lbs ai/acre/application, applied four times per year with a 7-day reapplication interval following the first application and a 21-day reapplication interval for subsequent applications for a maximum total annual application rate of 0.875 lb ai/A/yr.  Application intervals are based on the label recommendation for resistance management which states that application of the fludioxonil-containing product should be alternated with another fungicide with a different mode of action for two applications (after the initial two applications).  All applications are by ground spray with the exception of a single aerial application allowed for tropical fruits in CA.

The application rate stated above is for all of the crops listed above with the exception of lemon & lime, for which the maximum single and total annual application rate is only 0.2188 ai/acre/application; repeat applications are not allowed for these crops. A second exception is tuberous and corm vegetables, for which fludioxonil is used as a post-harvest treatment.  EFED assumes that the proposed post-harvest use of fludioxonil is an indoor use that would represent a minimal risk to drinking water; thus, no drinking water numbers are provided for this proposed use. The IR-4 petition does not discuss how spent treatment solution will be disposed; however, EFED presumes that spent treatment solution will be disposed of in a manner that does not represent a means of entry into drinking water or a route of exposure for non-target plants and wildlife.

The computer models FIRST (surface water) and SCI-GROW (groundwater) were used to develop the EDWCs for use in the human health risk assessment. Because the maximum application rates for the new uses assessed here are less than the application rate for turf grass, the values for turf grass are recommended for use in the human health risk assessment. In a previous Tier 1 drinking water assessment for fludioxonil on turf grass (drinking water memo of January 2, 2003; DP Barcodes 285197, 285514, 286372, 286717), an application rate of 0.67 lb/acre applied 6 times was used. The registrant has indicated that this rate applies to the product and not the active ingredient. The label application rate for turf grass, which is used in this current assessment, is three applications of 0.67 lb ai/A applied using 14-day intervals, for a total application rate of 2 lb ai/A/yr.

μg/L (ppb).  The estimated chronic concentration is 37.4 μg/L.  Values were not corrected for the percentage crop area (PCA) because the default for turf grass is 1.0.  The FIRST output file is attached.  As a point of reference, the previously reported acute and chronic values were 132 and 49 ppb.

For groundwater sources of drinking water, the estimated concentration of fludioxonil in shallow groundwater is 0.20 μg/L. The SCIGROW output file is attached. As a point of reference, the previously reported value was 0.35 ppb.

Modeling results for fludioxonil in surface water and groundwater are presented below in Table 1.

Table 1.  Maximum Tier I Estimated Drinking Water Concentrations in surface water based on fludioxonil use on turf grass at 2 lb ai/A/yr.

DRINKING WATER SOURCE (MODEL USED) 	USE (rate modeled)	MAXIMUM ESTIMATED DRINKING WATER CONCENTRATION  (EDWC)  ( ppb)

Groundwater (SCIGROW)	Turf grass (0.67 lbs. a.i./A/applic. x 3 applic.; total rate of 2 lb ai/A/yr )	Acute and Chronic	0.20

Surface Water  (FIRST)	Turf grass (0.67 lbs. a.i./A/applic. x 3 applic.; total rate of 2 lb ai/A/yr )	Acute	81.3

	Turf grass (0.67 lbs. a.i./A/applic. x 3 applic.; total rate of 2 lb ai/A/yr )	Chronic	            37.4

 This assessment is based on available environmental fate data.  There are no significant data gaps in the environmental fate database submitted by the registrant.  Although data are not available for anaerobic aquatic metabolism, the anaerobic phase of the anaerobic soil metabolism study indicates that fludioxonil is stable under such conditions.

PROBLEM FORMULATION

This is a Tier I drinking water assessment (DWA) that uses modeling and available monitoring data to estimate the groundwater and surface water concentrations of pesticides in drinking water source water (pre-treatment) resulting from pesticide use on sites that are vulnerable.   Tier I DWAs are designed to screen out chemicals with low potential risk for posing a drinking water concern.

ANALYSIS

Use Characterization

	Fludioxonil is a phenylpyrrole derivative of an antibiotic produced by the soil-borne bacterium Pseudomonas. It is intended to control certain post-harvest diseases caused by Monilinia fructicola and M. laxa (brown rot), Botrytis cinerea (gray mold), and Rhizopus stolonifer (Rhizopus rot). A suggested mode of action of phenylpyrroles derivatives is inhibition of the trans-membrane transport associated with glucose phosphorylation.

Application information is presented in Table 2.

Table 2. Summary use information for fludioxonil proposed new uses and turf grass.

Use	Max. Single Applic. Rate             (lbs. a.i./A)	No. of Applic. Annual Applic. Rate (lbs. a.i./A/yr)	Interval Between Applic. (days) Applic. Method	Incorporation Depth (inches)

Multiple new use crops1	0.2188 lbs ai/A	4	0.875 lb ai/A/yr	7 days (1st interval), then 21 days2	Ground spray3	Not Applicable

Lemon, lime	0.2188 lbs ai/A 	1	0.2188 lbs ai/A/yr	Not Applicable	Ground spray 	Not Applicable

Tuberous and Corm Vegetables	16 oz. Scholar/ 100 gal water or wax/ emulsion	30-second dip	Not Applicable	Not Applicable	Post-Harvest Dip Not Applicable

Grapes	0.2188 lbs ai/A	4	0.875 lb ai/A/yr	7 days	Ground spray (or aerial in CA only for 1st applic.)	Not Applicable

Turf grass	3 apps of 0.67 lb ai/A 	3	2 lb ai/A/yr	14 days	Ground spray  Not Applicable

1Tomato, Avocado and Related Tropical Fruits, Herb Subgroup 19A, Root Vegetables, Leaves of Root Vegetables, and Cucurbits.  2Application intervals are based on the label recommendation for resistance management which states that application of the fludioxonil-containing product should be alternated with another fungicide with a different mode of action for two applications (after the initial two applications). 3 All are applications are by ground spray with the exception of a single aerial application allowed for tropical fruits in CA.

Environmental Fate and Transport Characterization

	Fludioxonil is persistent, with a laboratory soil metabolism half-life of 220 days, and field dissipation half-lives ranging from 95 to 440 days.  Photolysis is a major route of degradation, with a (near-surface) soil half-life of 1.6 days and an aqueous (near-surface) half-life of 8.7 days. Fludioxonil is slightly to moderately mobile (FAO classification scheme) in soil (Koc = 991 - 2440 mL/goc) and is primarily a concern for surface waters.  Degradates of fludioxonil are highly mobile; however, none of the four major degradates are considered to be of toxicological concern.   The fludioxonil physical and chemical properties, and the environmental fate source data from submitted studies are presented in Table 3.

There is a potential for fludioxonil to reach surface water through spray drift, as the compound may be applied by ground spray and aerial spray (in CA, limited crops).  Because fludioxonil is persistent in surface soils, there is also the potential for it to reach surface water through surface runoff either in solution or adsorbed to the soil.  Based on the moderately high adsorption coefficients and the low solubility (1.5 ppm), it is unlikely that there will be significant contamination of surface water with fludioxonil through subsurface flow.

Table 3.  Physical/chemical properties and environmental fate source data for fludioxonil.

-ethyl-α,α,α-trifluoro-2,6-dinitro-p-toluidine 	–	–

Molecular Weight	248.19	Product chemistry	–

Solubility in Water (20 °C)	1.5 mg/L

 	Product chemistry 	–

Vapor Pressure (20 °C)	5.33 10-9 Torr  	Product chemistry	–

Hydrolysis Half-life (pH 7; 25C)	Stable	MRID 43152502	–

Aqueous Photolysis Half-life (@ pH 7; in days)	8.7 	MRID 43496302 	–

Soil Photolysis Half-life (days)	1.6	MRID  43496303	(corrected for natural sunlight at 40N latitude)

Aerobic Soil Metabolism Half-life (days)	143, 220, 183, 365, 365, 325, 239, 154 	 MRIDs 43380513, 47169301, 47169302a, 471693012, 471693013, 471693014  	–

Anaerobic Soil Metabolism Half-life (days)	0, 0 (stable)	MRIDs 47169302b, 47169303 	–

Aerobic Aquatic Metabolism Half-life (days)	0 (stable)	47169304	–

Anaerobic Aquatic Metabolism Half-life (days)	No Data	–	–

Soil Partition Coefficient (Kd)	8.64, 5.61, 21.3, 29.8 mL/g	MRID 44382311

	in sand (0.58% oc), sandy loam (0.23% oc), loam (2.15% oc), and loam (2.38% oc)

Organic Carbon-Normalized Soil Partition Coeffic. (Koc)	 1490, 2440, 991, 1250 mL/goc	MRID 44382311	–

Henry’s Law Constant	1.16 x 10-9 atm-m3-mole-1

–

Bioconcentration Factor in Fish (BCF)	430X	MRID 44382320	–

Drinking Water Exposure Modeling

Models

An Estimated Drinking Water Concentration (EDWC) in groundwater was estimated using EFED’s Tier I aquatic model SCIGROW (Screening Concentration in Ground Water, version 2.3; 8/8/2003).  SCIGROW is a regression model used as a screening tool to estimate pesticide concentrations found in ground water used as drinking water.  SCIGROW was developed by fitting a linear model to groundwater concentrations with the Relative Index of Leaching Potential (RILP) as the independent variable.  Groundwater concentrations were taken from 90-day average high concentrations from Prospective Ground Water studies; the RILP is a function of aerobic soil metabolism and the soil-water partition coefficient.  The output of SCIGROW represents the concentrations that might be expected in shallow unconfined aquifers under sandy soils, which is representative of the ground water most vulnerable to pesticide contamination likely to serve as a drinking water source.  (Ref. 2)

An Estimated Drinking Water Concentration (EDWC) in surface water was estimated using EFED’s Tier I aquatic model FIRST (v1.1.0; 1/1/07).  FIRST (FQPA Index Reservoir Screening Tool) is a metamodel of PRZM and EXAMS used as a screening tool to estimate pesticide concentrations found in surface water used as drinking water.  FIRST was developed by making multiple runs of PRZM using varying sorption coefficients and determining the concentration in the EXAMS index reservoir scenario after a two-inch single storm event.  (The Index Reservoir is a standard water body used by the Office of Pesticide Programs to assess drinking water exposure (Office of Pesticide Programs, 2002).  It is based on a real reservoir (albeit not currently in active use as a drinking water supply), Shipman City Lake in Illinois, that is known to be vulnerable to pesticide contamination.)  The single runoff event moves a maximum of 8% of the applied pesticide into the reservoir.  This amount can be reduced by degradation or effects of binding to soil in the field.  Additionally, FIRST can account for spray drift and adjusts for the area within a watershed that is planted with the modeled crop (Percent Cropped Area).   Spray drift (modeled as direct deposition of the pesticide into the reservoir) is assumed to be 16% of the applied active ingredient for aerial application, 6.3% for orchard air blast application, and 6.4% for other ground spray application. Despite being a single event model, FIRST can account for spray drift from multiple applications.  The default agricultural Percent Cropped Area (PCA) is 87%.  The PRZM scenario used for FIRST development was among the most vulnerable, and thus resulting surface water concentrations represent the upper bound values on the concentrations that might be found in drinking water from the use of a pesticide.  (Ref. 3 and 4)

Modeling Approach and Input Parameters

Tier I modeling for the EDWC in surface water and groundwater from fludioxonil use in a turf grass application pattern was conducted using the maximum proposed application rate of 0.667 lbs a.i./A/application applied three times at 14-day intervals for a total application rate of 2 lb ai/A/yr.  Physical/chemical properties and environmental fate source data (from submitted studies) were presented in Table 3.  Input values used for surface water modeling with FIRST are presented in Table 4.   Input values used for groundwater modeling with SCI-GROW2 are presented in Table 5.

Input parameter values used in this assessment were selected from the environmental fate data submitted by the registrant and in accordance with US EPA-OPP EFED water model parameter selection guidelines, Guidance for Selecting Input Parameters in Modeling the Environmental Fate and Transport of Pesticides, Version II, February 28, 2002.  d., Brit. Crop Protection Council, and The Royal Soc. of Chem. 1994).

  SEQ CHAPTER \h \r 1 Table 4. FIRST (v1.1.0) input parameter values for fludioxonil use on turf grass.

PARAMETER (units)	VALUE(S)	SOURCE	COMMENT

Application Rate (lb a.i./A)	3 apps of 0.67 lb ai/A 14 days apart or 6 apps of 0.333 lb ai/A 7 days apart).	Medallion Label	–

Number of Applications	3 or 6	Medallion Label	–

Interval between Applications (days)	7 or 14	Medallion Label	–

Percent Cropped Area (decimal)	1.0	Medallion Label	A PCA is not used for turf grass.

Soil Partition Coefficient (Kd; (mL/g) or KOC (mL/gOC))	991	MRID 44382311	Represents the lowest non-sand Koc value among four values ranging from 991 to 2440  mL/g.

Aerobic Soil Metabolism Half-life (days)	294.9	MRIDs 43380513, 47169301, 47169302a, 471693012, 471693013, 471693014  	Represents the 90th percentile of the upper confidence bound on the mean (249.3) of 8 half-life values.

Wetted in?	No	Proposed label.	–

Depth of Incorporation (inches)	0	Proposed label.	–

Method of Application	Ground spray	Proposed label.	–

Solubility in Water @ 20 OC, (pH 7; in mg/L or ppm)	1.5	Product Chemistry	–

Aerobic Aquatic Metabolism Half-life (days)	0 (stable)	MRID 47169304	–

Hydrolysis Half-life @ pH 7, 25 OC (days)	0 (stable)	MRID 43152502	–

Aquatic Photolysis Half-life  @ pH 7 (days)	8.7	MRID 43496302	–

1 Parameters are selected as per Guidance for Selecting Input Parameters in Modeling the Environmental Fate and Transport of Pesticides; Version I, February 28, 2002.

Table 5.  SCI-GROW2 input parameter values for fludioxonil use on turf grass.

Model Input Parameter	Input Value and Unit	Source	Comments

Aerobic Soil Metabolism Half-life (days)	230	MRIDs   43380513, 47169301, 47169302a, 471693012, 471693013, 471693014  	Median value per EFED guidance

Organic Carbon Normalized Partition Coefficient  Koc	1370	MRID 44382311 Input value is the median of four values, per EFED guidance.

Application Rate	0.67 lb ai/A/application (total of 2 lb ai/A/yr)

	Label  (Medallion Fungicide) 	–

Maximum No. of Applications/Year	3	Label	–

Modeling Results

	Tier I surface water and groundwater modeling results for fludioxonil for ground spray application to turf grass are presented in Table 6.  These values are recommended for use in the human health risk assessment.  Output values for surface water are not modified using the percentage crop area (PCA) adjustment factor since the default for turf grass is 1.0.  Output values for groundwater are not adjusted for a PCA.

Table 6.  Maximum Tier I Estimated Drinking Water Concentrations (EDWCs) for drinking water risk assessment based on ground spray application of fludioxonil as used in a turf grass application pattern.

DRINKING WATER SOURCE (MODEL USED) 	USE (rate modeled)	MAXIMUM ESTIMATED DRINKING WATER CONCENTRATION  (EDWC)  ( ppb)

Groundwater (SCIGROW)	Turf grass (0.67 lbs. a.i./A/applic. x 3 applic.; total rate of 2 lb ai/A/yr )	Acute and Chronic	0.20

Surface water  (FIRST)	Turf grass (0.67 lbs. a.i./A/applic. x 3 applic.; total rate of 2 lb ai/A/yr )	Acute	81.3

	Turf grass (0.67 lbs. a.i./A/applic. x 3 applic.; total rate of 2 lb ai/A/yr )	Chronic	            37.4

The SCIGROW concentration represents the groundwater concentration that might be expected in shallow unconfined aquifers under sandy soils.  The output is used for both acute and chronic endpoints.

FIRST concentrations (ppb) represent untreated surface water concentrations.

The one-in-10-year peak day concentration is used for acute endpoints and the one-in-10-year annual average concentration is used for chronic endpoints.

The estimated concentrations provided in this assessment are conservative estimates of concentrations in drinking water.  If dietary risks require refinement, higher tiered crop-specific and location-specific models and modeling scenarios can be used.

Uncertainties and Data Gaps

This assessment is based on available environmental fate data.  There are no significant data gaps in the environmental fate database submitted by the registrant.  Although data are not available for anaerobic aquatic metabolism, the anaerobic phase of the anaerobic soil metabolism study indicates that fludioxonil is stable under such conditions.

References

Policy Establishing Current Versions of Exposure Models and Responsibility for Model Maintenance (11/06/2002)

SCIGROW: Users Manual (11/01/2001, revised 08/23/2002)

FIRST Users Manual (08/01/2001)

FIRST: A Screening Model to Estimate Pesticide Concentrations in Drinking Water (05/01/2001)

Guidance for Selecting Input Parameters in Modeling the Environmental Fate and Transport of Pesticides, Version II (02/28/2002)

  SEQ CHAPTER \h \r 1 Use of the Index Reservoir and Percent Crop Area in EFED Drinking Water Assessments (12/01/1999)

APPENDIX A

TIER I SURFACE WATER MODELING OUTPUT FILES

RUN No.   1 FOR fludioxonil      ON   turf grass     * INPUT VALUES *

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

    RATE (#/AC)   No.APPS &   SOIL  SOLUBIL  APPL TYPE  %CROPPED INCORP

     ONE(MULT)    INTERVAL    Koc   (PPM )   (%DRIFT)     AREA    (IN)

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

   .667(  1.937)   3  14     991.0    1.5   GROUND( 6.4) 100.0    .0

   FIELD AND RESERVOIR HALFLIFE VALUES (DAYS)

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

   METABOLIC  DAYS UNTIL  HYDROLYSIS   PHOTOLYSIS   METABOLIC  COMBINED

    (FIELD)  RAIN/RUNOFF  (RESERVOIR)  (RES.-EFF)   (RESER.)   (RESER.)

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

    294.90        2          N/A      8.70- 1078.80      .00   1078.80

   UNTREATED WATER CONC (MICROGRAMS/LITER (PPB)) Ver 1.1.0  JAN 1, 2007

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

        PEAK DAY  (ACUTE)      ANNUAL AVERAGE (CHRONIC)

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OFFICE OF PESTICIDE PROGRAMS

U.S. ENVIRONMENTAL PROTECTION AGENCY

SCREENING MODEL

FOR AQUATIC PESTICIDE EXPOSURE

 SciGrow version 2.3

 chemical:fludioxonil

 time is  3/10/2008  14:44: 4

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

  Application      Number of       Total Use    Koc      Soil Aerobic

  rate (lb/acre)  applications   (lb/acre/yr)  (ml/g)   metabolism (days)

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

      0.667           3.0           2.001      13.70E+02      230.0

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 groundwater screening cond (ppb) =   1.98E-01

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OFFICE OF

PREVENTION, PESTICIDES AND

TOXIC SUBSTANCES