Pentachlorophenol Reader’s Guide

Reader’s Guide to Pentachlorophenol E-Docket # EPA-HQ-OPP-2004-0402

EPA has created this document to provide an organizational structure to
the pentachlorophenol e-Docket.  The docket index organizes and explains
related documents.  The first group contains the Federal Register and
Docket Organizational Documents; the second group contains the
Biological and Economics Division Documents and the Antimicrobial
Division Documents.  The Agency is providing the “Reader’s Guide”
to allow the reader to more easily access and navigate the various items
contained in the pentachlorophenol e-docket.

Federal Register and Docket Organizational Documents:

Docket Item 1:	Chromated Arsenicals, Pentachlorophenol, Creosote
Reregistration Eligibility Decisions; Notice of Availability

This notice announces that the risk assessments are available for public
review.

Docket Item 2:	Reader’s Guide to the Pentachlorophenol E-Docket #
EPA-HQ-OPP-2004-0402

The reader’s guide is designed to give a brief description of all the
pentachlorophenol documents in the pentachlorophenol e-Docket.

Antimicrobial Documents:

Docket Item 3:	Response to Public Comments on Pentachlorophenol and its
Contaminants, Dioxin/Furans, and Hexachlorobenzene.

September 25, 2008 – Sherrie Kinard

This document is the Agency’s response to Phase 5 comments.

Docket Item 4:  	Pentachlorophenol-Toxicology Chapter for the
Reregistration Eligibility Decision Document

			August 29, 2008 –Timothy McMahon

This document describes the revised toxicology supporting the endpoint
selection for pentachlorophenol.

Docket Item 5:	Revised PCP Human Exposure RED Chapter

			September 8, 2008 – Siroos Mostaghimi

This document describes the revised occupational exposure and risk
estimates associated with the use of pentachlorophenol.

Docket Item 6:  	Occupational Exposure and Risk Assessment of Dioxns
and Furans (CDDs/CDFs) in Pentachlorophenol

			August 19, 2008 – Siroos Mostaghimi

This document describes the revised occupational exposure and risk
estimates associated with the dioxin and furan (CDDs/CDFs) contaminants
of pentachlorophenol.

Docket Item 7:  	A Summarized Review of the Document: “Dioxins in San
Francisco Bay. Conceptual/ Impairment Assessment”.

			July 8, 2008 – A. Najm Shamim

This document is the Agency’s review of information submitted by
California’s Clean Estuary Partnership (CEP).

Docket Item 8:  	Revised Ecological Hazard and Environmental Risk
Assessment RED Chapter for Pentachlorophenol

			August 25, 2008 – Richard Petrie

This document describes the revised ecological hazards and the
environmental risk estimates associated with the use of
pentachlorophenol.

Docket Item 9:  	Revised Ecological Hazard and Environmental Risk
Assessment RED Chapter for Chlorinated Dibenzo Dioxins and Chlorinated
Dibenzo Furans (CDDs and CDFs) – Supplement to the Pentachlorophenol
RED

			September 18, 2008 – Richard Petrie

This document describes the revised ecological hazards and the
environmental risk estimates associated with the dioxin/furan
(CDDs/CDFs) contaminants of pentachlorophenol.

Docket Item 10:  	Pentachlorophenol- Risk Assessment for the
Reregistration Eligibility Decision (RED) Document.

August 29, 2008 – Timothy McMahon

This document describes the revised risk estimates associated with the
use of pentachlorophenol.

Docket Item 11:	An Evaluation of Hazards and Risks from Exposure to
Dioxin/Furan Contaminants in Pentachlorophenol-treated Wood.

August 29, 2008 – Timothy McMahon

This document describes the hazard and risk estimates associated with
the use of pentachlorophenol.

Biological and Economics Division Documents:

Docket Item 12:  	Response to Comments on “A Qualitative Economic
Impact Assessment of Alternatives to Pentachlorophenol as a Wood
Preservative” (EPA Docket No.: EPA-HQ-OPP-2004-0402) (DP# 354018).

			September 25, 2008 – Jonathan Becker and Stephen Hopkins

This document is the Agency’s response to Phase 5 comments.

Docket Item 13:  	Response to Comments on "Cost Estimates for Risk
Mitigation Technologies at a Typical Wood Treatment Plant" (EPA Docket
No.: EPA-HQ-OPP-2008-0248, EPA-HQ-OPP-2003-0250; and
EPA-HQ-OPP-2004-0402) @P# 354385, DP# 350583)

			September 25, 2008 – Jonathan Becker and Stephen Hopkins

This document is the Agency’s response to Phase 5 comments.

Docket Item 14:	Addendum to the Cost Estimates for Risk Mitigation
Technologies at a Typical Wood Treatment Plant

			September 25, 2008 – Jonathan Becker and Stephen Hopkins

This document serves as an addendum to “Cost Estimates for Risk
Mitigation Technologies at a Typical Wood Treatment Plant”, and its
purpose is to provide an update to the information contained in the
original assessment based on the public comments received on the
document.

Reregistration Eligibility Decision Document:

Docket Item 15:	REREGISTRATION ELIGIBILITY DECISION for
Pentachlorophenol

			September 25, 2008 – Sherrie Kinard and Diane Isbell

This document is the reregistration eligibility decision (RED) document
that contains the risk management decision for uses of pentachlorophenol
that pose risks of concern.  The Agency is aware that research is
ongoing regarding pentachlorophenol and The Agency may revisit this
decision in the future.


[Federal Register Volume 84, Number 212 (Friday, November 1, 2019)]
[Notices]
[Page 58726]
[FR Doc No: 2019-23941]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-N-0001]

Office of Minority Health and Health Equity Public Meeting on
Strategies To Improve Health Equity Amidst the Opioid Crisis; Public
Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public meeting.

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SUMMARY: The Food and Drug Administration (FDA, the Agency, or we) is
announcing the following public meeting entitled ``Office of Minority
Health and Health Equity Public Meeting on Strategies to Improve Health
Equity Amidst the Opioid Crisis.'' The purpose of this public meeting
is to share information and obtain the public's perspectives on the
current opioid crisis and how it specifically affects racial and ethnic
minority, underrepresented, and underserved populations across the
country, approaches to prevent and treat opioid use disorder, and
emerging research to improve care, and explore how FDA can support
those efforts.

DATES: The public meeting will be held on November 21, 2019, from 9
a.m. to 4 p.m. See the SUPPLEMENTARY INFORMATION section for
registration date and information.

ADDRESSES: Hilton Washington, DC/Rockville Hotel & Executive Meeting
Center, 1750 Rockville Pike, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Jovonni Spinner, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 32, Rm. 2384, Silver
Spring, MD 20993,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    The Office of Minority Health and Health Equity's (OMHHE) mission
is to ``promote and protect the health of diverse populations through
research and communication that addresses health disparities.'' Racial
and ethnic minorities have experienced an increase in opioid-involved
overdose deaths over the past few years. For example, the rate of
opioid-involved overdose death nearly doubled among Black/non-Hispanic
populations between 2015 (6.6 per 100,000 population) and 2017 (12.9
per 100,000 population) (Ref. 1). It has also been shown that racial
and ethnic minority populations suffer from chronic pain at higher
rates than other populations and the evaluation and treatment for pain
management may vary across ethnic groups (Ref. 2). The opioid crisis is
a multifaceted issue and our aim is to convene diverse stakeholders to
stimulate dialogue that will highlight and bring about solutions to
improve the health of the communities we serve. Meeting discussions
will inform future programming for the OMHHE.

II. Participating in the Public Meeting

    Registration: To register for the public meeting, please visit the
following website to register: https://www.eventbrite.com/e/fda-omhhe-strategies-to-improve-health-equity-amidst-the-opioid-epidemic-tickets-70822278341. Please provide complete contact information for each
attendee, including name, title, affiliation, address, email, and
telephone. Anonymous registration is available. Registration is free
and based on space availability, with priority given to early
registrants. Persons interested in attending this public meeting must
register by 11:59 p.m. Eastern Time, November 15, 2019. Early
registration is recommended because seating is limited; therefore, FDA
may limit the number of participants from each organization.
Registrants will receive confirmation when they have been accepted. If
time and space permit, onsite registration on the day of the public
meeting will be provided beginning at 8 a.m. We will let registrants
know if registration closes before the day of the public meeting/public
workshop.
    If you need special accommodations due to a disability, please
contact Jovonni Spinner at<PHONE_NUMBER> or<EMAIL_ADDRESS>no later than November 7, 2019.
    Streaming Webcast of the Public Meeting: This public meeting will
also be webcast: https://www.eventbrite.com/e/fda-omhhe-strategies-to-improve-health-equity-amidst-the-opioid-epidemic-tickets-70822278341.

III. References

    The following references marked with an asterisk (*) are on display
at the Dockets Management Staff, (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, and
are available for viewing by interested persons between 9 a.m. and 4
p.m., Monday through Friday; they also are available electronically at
https://www.regulations.gov. References without asterisks are not on
public display at https://www.regulations.gov because they have
copyright restriction. Some may be available at the website address, if
listed. References without asterisks are available for viewing only at
the Dockets Management Staff. FDA has verified the website addresses,
as of the date this document publishes in the Federal Register, but
websites are subject to change over time.

1. Henry, J., Kaiser Foundation, ``Opioid Overdose Deaths by Race/
Ethnicity.'' Available at: https://www.kff.org/other/state-indicator/opioid-overdose-deaths-by-raceethnicity/?dataView=2&activeTab=graph¤tTimeframe=0&startTimeframe=18&selectedDistributions=white-non-hispanic--black-non-hispanic-hispanic&selectedRows=%7B%22wrapups%22:%7B%22united-states%22:%7B%7D%7D%7D&sortModel=%7B%22colId%22:%22Location%22,%22sort%22:%22asc%22%7D. Accessed on September 9, 2019.
2. Campbell, C.M. and R.R. Edwards, ``Ethnic Differences in Pain and
Pain Management.'' Pain Management, vol. 2(3), pp. 219-230, 2012.*

    Dated: October 28, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-23941 Filed 10-31-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: December 12, 2008 (Volume 73, Number 240)]
[Rules and Regulations]
[Page 75601-75605]
[DOCID:fr12de08-11]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2008-0567; FRL-8390-9]

Etofenprox; Pesticide Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes a tolerance for residues of
etofenprox (2-(4-ethoxyphenyl)-2-methylpropyl 3-phenoxybenzyl ether) in
or on rice, grain. Mitsui Chemical, Inc. requested this tolerance under
the Federal Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective December 12, 2008. Objections and
requests for hearings must be received on or before February 10, 2009,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2008-0567. All documents in the
docket are listed in the docket index available at http://
www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Kevin Sweeney, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to those
engaged in the following activities:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather to
provide a guide for readers regarding entities likely to be affected by
this action. Other types of entities not listed in this unit could also
be affected. The North American Industrial Classification System
(NAICS) codes have been provided to assist you and others in
determining whether this action might apply to certain entities. If you
have any questions regarding the applicability of this action to a
particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.

B. How Can I Access Electronic Copies of this Document?

    In addition to accessing electronically available documents at
http://www.regulations.gov, you may access this Federal Register
document electronically through the EPA Internet under the ``Federal
Register'' listings at http://www.epa.gov/fedrgstr. You may also access
a frequently updated electronic version of EPA's tolerance regulations
at 40 CFR part 180 through the Government Printing Office's e-CFR site
at http://www.gpoaccess.gov/ecfr.

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of FFDCA, 21 U.S.C. 346a, any person may file
an objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2008-0567. in the subject line on the first
page of your submission. All requests must be in writing, and must be
mailed or delivered to the Hearing Clerk as required by 40 CFR part 178
on or before February 10, 2009.
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit this copy, identified by docket ID number
EPA-HQ-OPP-2008-0567, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.

II. Petition for Tolerance

    In the Federal Register of August 13, 2008 (73 FR 47185) (FRL-
8376-8), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
7F7215) by Mitsui Chemicals, Inc., Shiodome City Center, 1-5-2,
Higashi-Shimbashi, Minato-ku, Tokyo, Japan 105-7117 c/o Landis
International, Inc. P.O. Box 5126, 3185 Madison Highway, Valdosta, GA
31603-5126 USA. The petition requested that 40 CFR 180.620 be amended
by establishing tolerances for combined residues or residues of the
insecticide etofenprox and the metabolite 2-(4-ethyoxyphenyl)-2-
methylpropyl 3-phenoxybenzoate, in or on rice, grain at 0.01 parts per
million (ppm) and rice, straw at 0.06 ppm. That notice referenced a
summary of the petition prepared by Mitsui Chemicals, Inc., the
registrant, which is available to the public in the docket, http://
www.regulations.gov. There were no comments received in response to the
notice of filing.
    Based upon review of the data supporting the petition, EPA has
modified the tolerance expression to include only residues of
etofenprox per se in or on rice grain of 0.01 ppm. EPA has also
concluded that a etofenprox tolerance for rice straw is unnecessary.
The reason for these changes is explained in Unit IV.C.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the

legal limit for a pesticide chemical residue in or on a food) only if
EPA determines that the tolerance is ``safe.'' Section 408(b)(2)(A)(ii)
of FFDCA defines ``safe'' to mean that ``there is a reasonable
certainty that no harm will result from aggregate exposure to the
pesticide chemical residue, including all anticipated dietary exposures
and all other exposures for which there is reliable information.'' This
includes exposure through drinking water and in residential settings,
but does not include occupational exposure. Section 408(b)(2)(C) of
FFDCA requires EPA to give special consideration to exposure of infants
and children to the pesticide chemical residue in establishing a
tolerance and to ``ensure that there is a reasonable certainty that no
harm will result to infants and children from aggregate exposure to the
pesticide chemical residue....''
    Consistent with section 408(b)(2)(D) of FFDCA, and the factors
specified in section 408(b)(2)(D) of FFDCA, EPA has reviewed the
available scientific data and other relevant information in support of
this action. EPA has sufficient data to assess the hazards of and to
make a determination on aggregate exposure for the petitioned-for
tolerances for residues of etofenprox in or on rice, grain at 0.01 ppm.
EPA's assessment of exposures and risks associated with establishing
tolerances follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered its
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children.
    Etofenprox has low acute toxicity from the oral, dermal, and
inhalation routes of exposure. It is not an acute eye or skin irritant
and is not a dermal sensitizer; however, etofenprox does cause skin
irritation after repeated exposure. The major target organs of
etofenprox are the liver, thyroid, kidney, and hematopoietic system.
    Etofenprox was assessed in a complete battery of subchronic,
chronic, carcinogenicity, developmental and reproductive studies as
well as acute, subchronic, and developmental neurotoxicity studies.
Etofenprox is classified as a synthetic pyrethroid ether insecticide
and has an excitatory neurotoxic mode of action. Neurotoxicity studies,
including a developmental neurotoxicity study in the rat, did show some
evidence of neurotoxic effects as is expected of a neurotoxicant but
these effects were unremarkable.
    The most sensitive target organs in the toxicology database are the
thyroid and liver. The kidney is also a common target organ of
toxicity. There is no evidence of carcinogenicity and etofenprox is
classified as ``Not likely to be carcinogenic to humans at doses that
do not alter rat thyroid hormone homeostasis'' and, therefore, no
quantitative cancer risk assessment is required. There is no indication
of increased quantitative or qualitative susceptibility of the
developing offspring in toxicology database for etofenprox.
Developmental effects were seen at doses that caused maternal toxicity.
There was no evidence of reproductive effects in the 2-generation
reproduction study in rats. Etofenprox was negative for mutagenic/
genotoxic potential based on the results of mutagenicity studies. There
is no evidence of immunotoxicity in the database. Immunotoxicity
studies are a new data requirement and are required as a condition of
registration. The toxicology database for etofenprox is sufficient to
assess human health hazards and the Point of Departure (POD) selected
for deriving the chronic reference dose will adequately account for all
chronic effects determined to result from exposure to etofenprox in
chronic animal studies, including potential immunotoxicity effects.
     Specific information on the studies received and the nature of the
adverse effects caused by etofenprox, as well as the no-observed-
adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-
level (LOAEL) from the toxicity studies, can be found at http://
www.regulations.gov in document Etofenprox: Human Health Risk
Assessment for Proposed Section 3 Uses on Rice and as ULV Mosquito
Adulticide, at pages 14-29 in docket ID number EPA-HQ-OPP-2008-0567.

B. Toxicological Endpoints

    For hazards that have a threshold below which there is no
appreciable risk, a toxicological POD is identified as the basis for
derivation of reference values for risk assessment. The POD may be
defined as the NOAEL in the toxicology study identified as appropriate
for use in risk assessment. However, if a NOAEL cannot be determined,
LOAEL or a Benchmark Dose (BMD) approach is sometimes used for risk
assessment. Uncertainty/safety factors (UFs) are used in conjunction
with the POD to take into account uncertainties inherent in the
extrapolation from laboratory animal data to humans and in the
variations in sensitivity among members of the human population as well
as other unknowns. Safety is assessed for acute and chronic dietary
risks by comparing aggregate food and water exposure to the pesticide
to the acute population adjusted dose (aPAD) and chronic population
adjusted dose (cPAD). The aPAD and cPAD are calculated by dividing the
POD by all applicable UFs. Aggregate short-term, intermediate-term, and
chronic-term risks are evaluated by comparing food, water, and
residential exposure to the POD to ensure that the margin of exposure
(MOE) called for by the product of all applicable UFs is not exceeded.
This latter value is referred to as the Level of Concern (LOC).
    For non-threshold risks, the Agency assumes that any amount of
exposure will lead to some degree of risk. Thus, the Agency estimates
risk in terms of the probability of an occurrence of the adverse effect
greater than that expected in a lifetime. For more information on the
general principles EPA uses in risk characterization and a complete
description of the risk assessment process, see http://www.epa.gov/
pesticides/factsheets/riskassess.htm.
     A summary of the toxicological endpoints for etofenprox used for
human risk assessment can be found at http://www.regulations.gov in
document Etofenprox: Human Health Risk Assessment for Proposed Section
3 Uses on Rice and as ULV Mosquito Adulticide, at pages 30-31 in docket
ID number EPA-HQ-OPP-2008-0567.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. EPA assessed dietary
exposure to etofenprox, the EPA considered exposure under the
petitioned for tolerance on rice, grain; the first food use of
etofenprox. EPA assessed dietary exposures from etofenprox in food as
follows:
    i. Acute exposure. Quantitative acute dietary exposure and risk
assessments are performed for a food-use pesticide, if a toxicological
study has indicated the possibility of an effect of concern occurring
as a result of a 1-day or single exposure.
    No such effects were identified in the toxicological studies for
etofenprox; therefore, a quantitative acute dietary exposure assessment
is unnecessary.
    ii. Chronic exposure. In conducting the chronic dietary exposure
assessment EPA used the food consumption data from the USDA 1994-1996,
1998 CSFII. As to residue levels in food, EPA assumed that all rice
grain contained tolerance level residues of etofenprox

and that 100 percent of the rice crop was treated with etofenprox.
    iii. Cancer. EPA classified etofenprox as ``Not likely to be
carcinogenic to humans at doses that do not alter rat thyroid hormone
homeostasis.'' An increased incidence of thyroid follicular adenomas
and/or carcinomas was seen in males and females administered etofenprox
in their diet at 4,900 ppm, a dose that was considered adequate to
assess potential for carcinogenicity. No treatment-related tumors were
seen in male or female mice when tested at a dose that was considered
adequate to assess carcinogenicity. The non-neoplastic toxicological
evidence (i.e. thyroid growth, thyroid hormonal changes) indicated that
etofenprox was inducing a disruption in the thyroid-pituitary hormonal
status. Rats are substantially more sensitive to humans to the
development of thyroid follicular cell tumors in response to thyroid
hormone imbalance. There was no mutagenicity concern for etofenprox
from in vivo or in vitro assays. The overall weight-of-evidence was
considered sufficient to indicate that etofenprox induces thyroid
follicular tumors through an anti-thyroid mode of action. The Agency
has determined that quantification of human cancer risk is not
appropriate because the chronic reference dose is protective against
the chronic effects determined to result from exposure to etofenprox,
including potential cancer effects.
    iv. Anticipated residue and percent crop treated (PCT) information.
EPA did not use anticipated residue and/or PCT information in the
dietary assessment for etofenprox. Tolerance level residues and/or 100
PCT were assumed for all food commodities.
    2. Dietary exposure from drinking water. The Agency used screening
level water exposure models in the dietary exposure analysis and risk
assessment for etofenprox in drinking water. These simulation models
take into account data on the physical, chemical, and fate/transport
characteristics of etofenprox. Further information regarding EPA
drinking water models used in pesticide exposure assessment can be
found at http://www.epa.gov/oppefed1/models/water/index.htm.
    Based on the Tier I Rice Model and Screening Concentration in
Ground Water (SCI-GROW) models, the estimated drinking water
concentrations (EDWCs) of etofenprox for chronic exposure were
calculated based on a maximum application rate of 0.27 pound (lb)
active ingredient (ai)/acre(A)/year. The estimated drinking water
concentrations (EDWCs) of etofenprox for chronic exposures for non-
cancer assessments are estimated to be 0.88 (parts per billion (ppb)
for surface water and 1.55 x 10-\3\ ppb for ground water. Acute
exposure (single dose or 1-day exposure) effects were not identified in
the toxicological studies for etofenprox; therefore, a quantitative
acute drinking water assessment is unnecessary.
    Modeled estimates of drinking water concentrations were directly
entered into the dietary exposure model. For chronic dietary risk
assessment, the water concentration of value 0.88 ppb was used to
assess the contribution to drinking water.
    3.  From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., for lawn and garden pest control, indoor pest control,
termiticides, and flea and tick control on pets). Etofenprox is
currently registered for the following uses that could result in
residential exposures: Indoor and outdoor (yard patio) use as an insect
fogger, indoor/outdoor crack and crevice/spot treatment; as a cat and
dog spot-on treatment; and outdoors as a wide-area mosquito adulticide.
EPA assessed residential exposure using the following assumptions:
Adults are potentially exposed to etofenprox residues during
residential application of etofenprox. Both adults and children are
potentially exposed to etofenprox residues after application (post-
application) of etofenprox products in residential settings. Exposure
estimates were generated for residential handlers and individuals with
potential post-application contact with lawn, soil, treated indoor
surfaces, and treated pets using the EPA's Draft Standard Operating
Procedures (SOPs) for Residential Exposure Assessment, and dissipation
or transfer data from a turf transferable residue (TTR) study and a pet
transferrable residue study. Short-term and intermediate-term
inhalation exposures for adults, and short-term and intermediate-term
incidental oral and inhalation exposures for children are anticipated.
These estimates are considered conservative, but appropriate, since the
study data were generated at maximum application rates.
    4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
    Etofenprox is classified as a synthetic pyrethroid ether
insecticide and is a member of the pyrethroid class of pesticides. EPA
is not currently following a cumulative risk approach based on a common
mechanism of toxicity for the pyrethroids. Although all pyrethroids
alter nerve function by modifying the normal biochemistry and
physiology of nerve membrane sodium channels, available data show that
there are multiple types of sodium channels and it is currently unknown
whether the pyrethroids as a class have similar effects on all channels
or whether modifications of different types of sodium channels would
have a cumulative effect. Nor do we have a clear understanding of
effects on key downstream neuronal function, e.g., nerve excitability,
or how these key events interact to produce their compound specific
patterns of neurotoxicity. Without such understanding, there is no
basis to make a common mechanism of toxicity finding. There is ongoing
research by the EPA's Office of Research and Development and pyrethroid
registrants to evaluate the differential biochemical and physiological
actions of pyrethroids in mammals. When available, the Agency will
evaluate results of this research and make a determination of common
mechanism as a basis for assessing cumulative risk. For information
regarding EPA's procedures for cumulating effects from substances found
to have a common mechanism on EPA's website at http://www.epa.gov/
pesticides/cumulative/.

D. Safety Factor for Infants and Children

    1. In general. Section 408(b)(2)(c) of FFDCA provides that EPA
shall apply an additional tenfold (10X) margin of safety for infants
and children in the case of threshold effects to account for prenatal
and postnatal toxicity and the completeness of the database on toxicity
and exposure unless EPA determines based on reliable data that a
different margin of safety will be safe for infants and children. This
additional margin of safety is commonly referred to as the FQPA safety
factor (SF). In applying this provision, EPA either retains the default
value of 10X, or uses a different additional safety factor when
reliable data available to EPA support the choice of a different
factor.
    2. Prenatal and postnatal sensitivity. The prenatal and postnatal
toxicology database includes a developmental toxicity studies in
rabbits and rats; a 2-generation reproduction studies in the

rat; and a developmental (DNT) neurotoxicity study in the rat. There
was no evidence of increased quantitative or qualitative susceptibility
following in-utero and/or postnatal exposure in the development
toxicity studies in rats or rabbits, or in the 2-generation rat
reproduction study.
    3. Conclusion. EPA has determined that reliable data show the
safety of infants and children would be adequately protected if the
FQPA SF were reduced to 1X. That decision is based on the following
findings:
    i. The toxicity database for etofenprox is complete, except for
immunotoxicity testing. Immunotoxicity studies are a new data
requirement and EPA has determined that an additional uncertainty
factor is not required to account for potential immunotoxicity. The
reasons for this determination are explained as follows:
    EPA began requiring functional immunotoxicity testing of all food
and non-food use pesticides on December 26, 2007. Since this
requirement went into effect after the tolerance petition was
submitted, these studies are not yet available for etofenprox. Due to
the lack of evidence of immunotoxicity for etofenprox, EPA does not
believe that conducting immunotoxicity testing will result in a NOAEL
less than the NOAEL of 3.7 milligram/kilogram/day (mg/kg/day), which is
already established as the cRfD point of departure for etofenprox. An
additional factor (UFDB) for database uncertainties is not needed to
account for potential immunotoxicity.
    ii. There is no evidence that etofenprox results in increased
susceptibility in in utero rats or rabbits in the prenatal
developmental studies or in young rats in the 2-generation reproduction
study.
    iii. There are no residual uncertainties identified in the exposure
databases for the following reasons:
     The chronic dietary food exposure assessment utilizes
proposed tolerance level residues and 100 PCT information for all
commodities. By using these screening level assessments, actual
exposures/risk will not be underestimated;
     EPA made conservative (protective) assumptions in the
ground and surface water modeling used to assess exposure to etofenprox
in drinking water.
     EPA used similarly conservative assumptions to assess
post-application exposure of children as well as incidental oral
exposure of toddlers. These assessments will not underestimate the
exposure and risks posed by etofenprox.

E. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic pesticide exposures are
safe by comparing aggregate exposure estimates to the aPAD and cPAD.
The aPAD and cPAD represent the highest safe exposures, taking into
account all appropriate SFs. EPA calculates the aPAD and cPAD by
dividing the POD by all applicable UFs. For linear cancer risks, EPA
calculates the probability of additional cancer cases given the
estimated aggregate exposure. Short-term, intermediate-term, and
chronic-term risks are evaluated by comparing the estimated aggregate
food, water, and residential exposure to the POD to ensure that the MOE
called for by the product of all applicable UFs is not exceeded.
    1. Acute risk. An acute aggregate risk assessment takes into
account exposure estimates from acute dietary consumption of food and
drinking water. No adverse effect resulting from a single-oral exposure
was identified and no acute dietary endpoint was selected. Therefore,
etofenprox is not expected to pose an acute risk.
    2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that chronic exposure to
etofenprox from food and water will utilize < 1% of the cPAD for the
general U.S. population and all population subgroups. Based on the
explanation in Unit III.C.3., regarding residential use patterns,
chronic residential exposure to residues of etofenprox is not expected.
    3. Short-term-/Intermediate-term risk. Short-term or intermediate-
term aggregate exposure takes into account short-term or intermediate-
term residential exposure plus chronic exposure from food and water
(considered to be a background exposure level).
    Etofenprox is currently registered for uses that could result in
short-term and intermediate-term residential exposure and the Agency
has determined that it is appropriate to aggregate chronic exposure
through food and water with short-term and intermediate-term
residential exposures to etofenprox. Since the doses and endpoints
selected for etofenprox to assess short-term and intermediate-term
exposure are identical, the short-term and intermediate-term risk
estimates for etofenprox are the same.
    Using the exposure assumptions described in this unit for short-
term and intermediate-term exposures, EPA has concluded the combined
short-term and intermediate-term food, water, and residential exposures
aggregated result in aggregate MOEs of 1,200 for adults and 170 for
toddlers. For adults, the short-term/ intermediate-term aggregate risks
combined food and drinking water exposure with short-term/intermediate
term inhalation exposure. For toddler short-term and intermediate-term
aggregate risks, the average food and drinking water exposure was
combined with toddler incidental oral exposures following pet
treatments and indoor fogger applications, and inhalation exposure
following indoor fogger applications.
    4. Aggregate cancer risk for U.S. population. The Agency has
classified etofenprox as ``Not likely to be carcinogenic to humans at
doses that do not alter thyroid hormone homeostasis.'' The chronic
reference dose will is protective of chronic effects determined to
result from exposure to etofenprox, including potential cancer effects.
    5. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population, or to infants and children from aggregate
exposure to etofenprox residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology (Liquid Chromatographic Mass
Spectrometric (LC/MS/MS) method) is available to enforce the tolerance
expression. The method may be requested from: Chief, Analytical
Chemistry Branch, Environmental Science Center, 701 Mapes Rd., Ft.
Meade, MD 20755-5350; telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
B. International Residue Limits

    The Codex Alimentarius Commission (CODEX) has established maximum
residue levels (MRLs) for the residue of etofenprox per se in or on
pome fruits at 1 mg/kg and potato at 0.01 mg/kg. Currently, there are
no CODEX MRLs for rice commodities. Etofenprox is scheduled for
periodic re-evaluation by CODEX in 2012. As discussed in this unit, EPA
has adopted a tolerance expression for etofenprox which should make the
rice tolerances compatible with proposed CODEX MRLs for rice
commodities.

C. Revisions to Petitioned-For Tolerances

    The petitioner proposed tolerances for combined residues or
residues of the insecticide etofenprox and the metabolite 2-(4-
ethyoxyphenyl)-2-

methylpropyl 3-phenoxybenzoate, in or on rice, grain at 0.01 ppm and
rice, straw at 0.06 ppm. Although EPA has included the metabolite 2-(4-
ethyoxyphenyl)-2-methylpropyl 3-phenoxybenzoate in its assessment of
exposure and risk for etofenprox, EPA has decided to exclude the
metabolite from the tolerance expression because the metabolism and
residue studies show that the parent compound will serve as a better
indicator of potential misuse. Limiting the tolerance expression to the
parent only also allows for harmonization with the proposed Codex MRLs.
EPA has determined that rice, straw is not a significant feedstuff;
therefore, a tolerance for residues of etofenprox per se in/on rice
straw is not needed. The tolerance has been revised to reflect the
correct commodity definition, ``rice, grain'' and the proposed
tolerance expression has been revised to residues of etofenprox per se
in or on rice, grain of 0.01 ppm.

V. Conclusion

    Therefore, a tolerance is established for residues of etofenprox,
(2-(4-ethoxyphenyl)-2-methylpropyl 3-phenoxybenzyl ether), in or on
rice, grain at 0.01 ppm.

VI. Statutory and Executive Order Reviews

    This final rule establishes tolerances under section 408(d) of
FFDCA in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993). Because this final rule has been
exempted from review under Executive Order 12866, this final rule is
not subject to Executive Order 13211, entitled Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997). This final rule does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it require any
special considerations under Executive Order 12898, entitled Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under section 408(d) of FFDCA, such as the tolerance in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
    This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled Federalism (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
Consultation and Coordination with Indian Tribal Governments (65 FR
67249, November 9, 2000) do not apply to this final rule. In addition,
this final rule does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Public Law 104-4).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).

VII. Congressional Review Act

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

40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: December 4, 2008.
Debra Edwards,
Director, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. Section 180.620 is amended by revising pargraph (a) to read as
follows:

Sec.  180.620  Etofenprox; tolerance for residues.

    (a) General. A tolerance is established for residues of the
insecticide etofenprox [2-(4-ethoxyphenyl)-2-methylpropyl 3-
phenoxybenzyl ether] in or on the following raw agricultural commodity:

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Rice, grain..........................................               0.01
------------------------------------------------------------------------

* * * * *
[FR Doc. E8-29346 Filed 12-11-08; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 79, Number 131 (Wednesday, July 9, 2014)]
[Notices]
[Pages 39016-39019]
[FR Doc No: 2014-15962]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72523; File No. SR-NYSEArca-2014-37]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting
Approval of Proposed Rule Change, as Modified by Amendment No. 1
Thereto, Relating to Listing and Trading of the Shares of iShares 2020
S&P AMT-Free Municipal Series Under NYSE Arca Equities Rule 5.2(j)(3),
Commentary .02

July 2, 2014.

I. Introduction

    On May 2, 2014, NYSE Arca, Inc. (``Exchange'' or ``NYSE Arca''),
through its wholly-owned subsidiary NYSE Arca Equities, Inc. (``NYSE
Arca Equities'' or ``Corporation''), 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
(``Shares'') of the iShares 2020 S&P AMT-Free Municipal Series
(``Fund''). On May 14, 2014, the Exchange filed Amendment No. 1 to the
proposed rule change, which amended and replaced the proposed rule
change in its entirety.\3\ The proposed rule change, as modified by
Amendment No. 1 thereto, was published for comment in the Federal
Register on May 21, 2014.\4\ The Commission received no comments on the
proposed rule change. This order grants approval of the proposed rule
change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 1, the Exchange: (a) Clarified that the net
asset value (``NAV'') of the Fund normally will be determined once
each business day as of the regularly scheduled close of business of
the New York Stock Exchange (``NYSE'') (normally, 4:00 p.m. Eastern
time) on each day the NYSE is open for trading; (b) provided
additional information describing the NAV calculation pertaining to
money market funds; (c) clarified that a common identifier such as
CUSIP or ISIN (if applicable) will be included in the Disclosed
Portfolio (as defined herein); and (d) made certain technical edits
correcting typographical and other similar types of clerical errors.
    \4\ See Securities Exchange Act Release No. 72172 (May 15,
2014), 79 FR 29241 (``Notice'').
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II. Description of the Proposed Rule Change

    The Exchange proposes to list and trade Shares of the Fund pursuant
to NYSE Arca Equities Rule 5.2(j)(3), Commentary .02, which governs the
listing and trading of Investment Company Units (``Units'') based on
fixed income securities indexes. The Fund is a series of the iShares
Trust (``Trust'').\5\ Blackrock Fund Advisors (``BFA'') is the
investment adviser for the Fund.\6\
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    \5\ See Post-Effective Amendment No. 1004 to the Trust's
registration statement on Form N-1A under the Securities Act of 1933
and the Investment Company Act of 1940 (``1940 Act''), dated
December 16, 2013 (File Nos. 333-92935 and 811-09729)
(``Registration Statement''). According to the Exchange, the Trust
has obtained certain exemptive relief from the Commission under the
1940 Act. See Investment Company Act Release No. 27608 (December 21,
2006) (File No. 812-13208).
    \6\ An investment adviser to an open-end fund is required to be
registered under the Investment Advisers Act of 1940 (``Advisers
Act''). As a result, BFA and its related personnel are subject to
the provisions of Rule 204A-1 under the Advisers Act, which requires
investment advisers to adopt a code of ethics that reflects the
fiduciary nature of their relationship with their clients as well as
compliance with other applicable securities laws. Accordingly,
investment advisers must have procedures designed to prevent the
communication and misuse of non-public information, consistent with
Rule 204A-1 under the Advisers Act. In addition, Rule 206(4)-7 under
the Advisers Act makes it unlawful for an investment adviser to
provide investment advice to clients unless such investment adviser
has (i) adopted and implemented written policies and procedures
reasonably designed to prevent violation, by the investment adviser
and its supervised persons, of the Advisers Act and the Commission
rules adopted thereunder; (ii) implemented, at a minimum, an annual
review regarding the adequacy of the policies and procedures
established pursuant to subparagraph (i) above and the effectiveness
of their implementation; and (iii) designated an individual (who is
a supervised person) responsible for administering the policies and
procedures adopted under subparagraph (i) above.
---------------------------------------------------------------------------

    According to the Exchange, the Fund will seek investment results
that correspond generally to the price and yield performance, before
fees and expenses, of the S&P AMT-Free Municipal Series 2020 Index\TM\
(``Index'').\7\ The Fund will not seek to return any pre-determined
amount at maturity.
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    \7\ The Exchange represents that the Index is sponsored by
Standard & Poor's Financial Services LLC (``S&P'' or ``Index
Provider''), which is independent of the Fund and BFA. The Index
Provider determines the composition and relative weightings of the
securities in the Index and publishes information regarding the
market value of the Index. The Index Provider is not a broker-dealer
or affiliated with a broker-dealer, and has implemented procedures
designed to prevent the use and dissemination of material, non-
public information regarding the Index.
---------------------------------------------------------------------------

    According to the Exchange, the Index measures the performance of
investment-grade U.S. municipal bonds maturing in 2020. As of February
28, 2014, there were 1,427 issues in the Index. The Index includes
municipal bonds primarily from issuers that are state or local
governments or agencies such that the interest on the bonds is exempt
from U.S. federal income taxes and the federal alternative minimum tax
(``AMT''). Each bond must have a rating of at least BBB- by S&P, Baa3
by Moody's Investors Service, Inc. (``Moody's''), or BBB- by Fitch,
Inc. and must have a minimum maturity par amount of $2 million to be
eligible for inclusion in the Index. To remain in the Index, bonds must
maintain a minimum par amount greater than or equal to $2 million as of
each rebalancing date. All bonds in the Index will mature between June
1 and August 31 of 2020. When a bond matures in the Index, an amount
representing its value at maturity will be included in the Index
throughout the remaining life of the Index, and any such amount will be
assumed to earn a rate equal to the performance of the S&P's Weekly
High Grade Index, which consists of Moody's Investment Grade-1
municipal tax-exempt notes that are not subject to federal AMT. The
Exchange states that, by August 31, 2020, the Index is expected to
consist entirely of cash carried in this manner. The Index is a market
value weighted index and is rebalanced after the close on the last
business day of each month.
    The Exchange represents that the Index for the Fund does not meet
all of the ``generic'' listing requirements of Commentary .02(a) to
NYSE Arca Equities Rule 5.2(j)(3) applicable to the listing of Units
based on fixed income securities indexes. Specifically, the Index does
not meet the requirement set forth in Commentary .02(a)(2), which
provides that components that in the aggregate account for at least 75%
of the weight of the index or portfolio each must have a minimum
original principal amount outstanding of $100 million or more. Contrary
to this requirement, as of February 28, 2014, only 6.25% of the weight
of the Index components has a minimum original principal amount
outstanding of $100 million or more.
    The Exchange represents that the Fund generally will invest at
least 80% of its assets in the securities of the Index, except during
the last months of the Fund's operations. The Fund may at times invest
up to 20% of its assets in cash and cash equivalents (including money
market funds affiliated with BFA), as well as in municipal bonds not
included in the Index, but which BFA believes will help the Fund track
the Index. For example, the Fund may invest in municipal bonds not
included in the Index in order to reflect prospective changes in the
Index (such as Index reconstitutions, additions, and deletions). The
Fund will generally hold municipal bond securities issued by state and
local municipalities whose interest payments are exempt from U.S.
federal income tax, the federal AMT and, effective beginning in 2013, a
federal Medicare contribution tax of 3.8% on ``net investment income,''
including dividends, interest, and capital gains. In addition, the Fund
may invest any cash assets in one or more affiliated municipal money
market

funds. In the last months of operation, as the bonds held by the Fund
mature, the proceeds will not be reinvested in bonds but instead will
be held in cash and cash equivalents, including without limitation AMT-
free tax-exempt municipal notes, variable rate demand notes and
obligations, tender option bonds, and municipal commercial paper. These
cash equivalents may not be included in the Index. According to the
Exchange, on or about August 31, 2020, the Fund will wind up and
terminate, and its net assets will be distributed to then-current
shareholders.
    Additional information regarding the Trust, the Fund, and the
Shares, including investment strategies, risks, creation and redemption
procedures, fees, portfolio holdings, distributions, and taxes, among
other things, is included in the Notice and Registration Statement, as
applicable.\8\
---------------------------------------------------------------------------

    \8\ See Notice and Registration Statement, supra notes 4 and 5,
respectively.
---------------------------------------------------------------------------

III. Discussion and Commission's Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of Section 6 of the Act \9\
and the rules and regulations thereunder applicable to a national
securities exchange.\10\ In particular, the Commission finds that the
proposal is consistent with Section 6(b)(5) of the Act,\11\ which
requires, among other things, that the Exchange's rules be designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest. The Commission notes that the Fund and the Shares must comply
with the applicable requirements of NYSE Arca Equities Rules 5.2(j)(3)
and 5.5(g)(2) to be listed and traded on the Exchange.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f.
    \10\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \11\ 17 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission finds that the proposal to list and trade the Shares
on the Exchange is consistent with Section 11A(a)(1)(C)(iii) of the
Act,\12\ which sets forth Congress' finding that it is in the public
interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations for, and transactions in, securities. Quotation and last-
sale information for the Shares will be available via the Consolidated
Tape Association (``CTA'') high-speed line. The current value of the
Index will be widely disseminated by one or more major market data
vendors \13\ at least once per day, as required by NYSE Arca Equities
Rule 5.2(j)(3), Commentary .02(b)(ii). In addition, an Intraday
Indicative Value (``IIV'') for the Shares of the Fund will be
disseminated by one or more major market data vendors and updated at
least every 15 seconds during the Core Trading Session (9:30 a.m. to
4:00 p.m. Eastern Time).\14\ Information regarding market price and
trading volume of the Shares will be continually available on a real-
time basis throughout the day on brokers' computer screens and other
electronic services, and information regarding the previous day's
closing price and trading volume information for the Shares will be
published daily in the financial section of newspapers. Quotation
information for investment company securities (excluding exchange-
traded funds) may be obtained through nationally recognized pricing
services through subscription agreements or from brokers and dealers
who make markets in such securities. Price information regarding
municipal bonds, AMT-free tax-exempt municipal notes, variable rate
demand notes and obligations, tender option bonds, and municipal
commercial paper is available from third party pricing services and
major market data vendors. On each business day, before commencement of
trading in Shares in the Core Trading Session on the Exchange, the Fund
will disclose on its Web site the portfolio that will form the basis
for the Fund's calculation of NAV at the end of the business day.\15\
The Web site for the Fund also will include the prospectus for the Fund
and additional data relating to NAV and other applicable quantitative
information. The NAV of the Fund normally will be determined once each
business day as of the regularly scheduled close of business of the
NYSE (normally, 4:00 p.m. Eastern time) on each day the NYSE is open
for trading.\16\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \13\ The Exchange further states that the components of the
Index and their percentage weighting will be available from major
market data vendors.
    \14\ See NYSE Arca Equities Rule 5.2(j)(3), Commentary .02(c).
According to the Exchange, several major market data vendors display
and/or make widely available IIVs taken from the CTA or other data
feeds. See Notice, supra note 4, at n.13.
    \15\ On a daily basis, the Fund will disclose for each portfolio
security or other financial instrument of the Fund the following
information on the Fund's Web site: Ticker symbol (if applicable),
name of security and financial instrument, a common identifier such
as CUSIP or ISIN (if applicable), number of shares (if applicable),
dollar value of securities and financial instruments held in the
portfolio, and percentage weighting of the security and financial
instrument in the portfolio. The Web site information will be
publicly available at no charge.
    \16\ For purposes of calculating NAV of the Shares, the Fund
will value fixed income portfolio securities, including municipal
bonds, AMT-free tax-exempt municipal notes, variable rate demand
notes and obligations, tender option bonds, and municipal commercial
paper using prices provided directly from independent third-party
pricing services, which may use matrix pricing and valuation models
to derive values or from one or more broker-dealers or market
makers. Certain short-term debt securities may be valued on the
basis of amortized cost. Shares of municipal money market funds will
be valued at NAV.
---------------------------------------------------------------------------

    The Commission believes that the proposal to list and trade the
Shares is reasonably designed to promote fair disclosure of information
that may be necessary to price the Shares appropriately and to prevent
trading when a reasonable degree of transparency cannot be assured. The
Exchange states that the Index Provider is not a broker-dealer or
affiliated with a broker-dealer, and has implemented procedures
designed to prevent the use and dissemination of material, non-public
information regarding the Index.\17\ Prior to the commencement of
trading, the Exchange will inform its Equity Trading Permit Holders in
an Information Bulletin of the special characteristics and risks
associated with trading the Shares. With respect to trading halts, if
the Exchange becomes aware that the NAV is not being disseminated to
all market participants at the same time, it will halt trading in the
Shares until such time as the NAV is available to all market
participants. In addition, the Exchange may consider all relevant
factors in exercising its discretion to halt or suspend trading in the
Shares of the Funds. Trading may be halted because of market conditions
or for reasons that, in the view of the Exchange, make trading in the
Shares inadvisable. The Exchange represents that, if the IIV or the
Index value is not being disseminated as required, the Exchange may
halt trading during the day in which the interruption to the
dissemination of the IIV or Index value occurs. If the interruption to
the dissemination of the IIV or Index value persists past the trading
day in which it occurred, the Exchange will halt trading. Moreover,
trading in Shares of the Funds will be halted if the circuit breaker
parameters in NYSE Arca Equities Rule 7.12 have been reached or because
of market conditions or for reasons that, in the view of the Exchange,
make trading in the Shares inadvisable. Further, trading in the

Shares will be subject to NYSE Arca Equities Rule 7.34, which sets
forth additional circumstances under which Shares of the Funds may be
halted. The Exchange states that it has in place surveillance
procedures that are adequate to properly monitor trading in the Shares
in all trading sessions and to deter and detect violations of Exchange
rules and applicable federal securities laws. The Exchange may obtain
information via the Intermarket Surveillance Group (``ISG'') from other
exchanges that are members of ISG or with which the Exchange has
entered into a comprehensive surveillance sharing agreement.
---------------------------------------------------------------------------

    \17\ See supra note 7 and accompanying text.
---------------------------------------------------------------------------

    Based on the Exchange's representations, the Commission believes
that the Index is sufficiently broad-based and liquid to deter
potential manipulation. As of February 28, 2014, there were 1,427
issues in the Index. As of the same date, 76.77% of the weight of the
Index components was comprised of individual maturities that were part
of an entire municipal bond offering with a minimum original principal
amount outstanding of $100 million or more for all maturities of the
offering.\18\ In addition, the total dollar amount outstanding of
issues in the Index was approximately $12.06 billion, and the average
dollar amount outstanding of issues in the Index was approximately
$8.46 million. Further, the most heavily weighted component represents
1.21% of the weight of the Index, and the five most heavily weighted
components represent 5.39% of the weight of the Index.\19\ In addition,
the average daily notional trading volume for Index components for the
period December 31, 2012, to December 31, 2013, was $49 million, and
the sum of the notional trading volumes for the same period was
approximately $12.4 billion. As of March 17, 2014, 61.14% of the Index
weight consisted of issues with a rating of AA/Aa2 or higher. The
Commission notes that the Fund shares similar characteristics of other
exchange-traded funds, the shares of which are currently listed and
trading on the Exchange.\20\
---------------------------------------------------------------------------

    \18\ According to the Exchange, when bonds are close substitutes
for one another, pricing vendors can use executed trade information
from all similar bonds as pricing inputs for an individual security.
This can make individual securities more liquid, because valuations
for a single security are better estimators of actual trading prices
when they are informed by trades in a large group of closely related
securities. As a result, securities are more likely to trade at
prices close to their valuation when they need to be sold. See
Notice, supra note 4, at n.11.
    \19\ Commentary .02(a)(4) to NYSE Arca Equities Rule 5.2(j)(3)
provides that no component fixed-income security (excluding Treasury
Securities and GSE Securities, as defined therein) shall represent
more than 30% of the weight of the index or portfolio, and the five
most heavily weighted component fixed-income securities in the index
or portfolio shall not in the aggregate account for more than 65% of
the weight of the index or portfolio.
    \20\ The Commission previously has approved a proposed rule
change relating to listing and trading on the Exchange of Units
based on similar municipal bond indexes. See Securities Exchange Act
Release No. 67985 (October 4, 2012), 77 FR 61804 (October 11, 2012)
(SR-NYSEArca-2012-92) (order approving proposed rule change relating
to the listing and trading of shares of the iShares 2018 S&P AMT-
Free Municipal Series and iShares 2019 S&P AMT-Free Municipal Series
under NYSE Arca Equities Rule 5.2(j)(3), Commentary .02).
---------------------------------------------------------------------------

    In support of this proposal, the Exchange has made representations,
including:
    (1) Except for Commentary .02(a)(2) to NYSE Arca Equities Rule
5.2(j)(3), the Shares of the Funds currently satisfy all of the generic
listing standards under NYSE Arca Equities Rule 5.2(j)(3).
    (2) The continued listing standards under NYSE Arca Equities Rules
5.2(j)(3) and 5.5(g)(2) applicable to Units shall apply to the Shares.
    (3) The Shares will comply with all other requirements applicable
to Units including, but not limited to, requirements relating to the
dissemination of key information, such as the value of the Index and
IIV, rules governing the trading of equity securities, trading hours,
trading halts, surveillance, and the Information Bulletin to Equity
Trading Permit Holders (each as described in more detail in the Notice
and Registration Statement, as applicable), as set forth in Exchange
rules applicable to Units and prior Commission orders approving the
generic listing rules applicable to the listing and trading of Units.
    (4) The Exchange represents that trading in the Shares will be
subject to the existing trading surveillances, administered by the
Financial Industry Regulatory Authority (``FINRA'') on behalf of the
Exchange, which are designed to detect violations of Exchange rules and
applicable federal securities laws.\21\ The Exchange represents that
these procedures are adequate to properly monitor Exchange trading of
the Shares in all trading sessions and to deter and detect violations
of Exchange rules and federal securities laws applicable to trading on
the Exchange.
---------------------------------------------------------------------------

    \21\ According to the Exchange, FINRA surveils trading on the
Exchange pursuant to a regulatory services agreement. The Exchange
is responsible for FINRA's performance under this regulatory
services agreement.
---------------------------------------------------------------------------

    (5) FINRA, on behalf of the Exchange, will communicate as needed
regarding trading in the Shares with other markets or other entities
that are members of ISG, and FINRA may obtain trading information
regarding trading in the Shares from such markets or entities. FINRA
also can access data obtained from the Municipal Securities Rulemaking
Board relating to municipal bond trading activity for surveillance
purposes in connection with trading in the Shares. In addition, FINRA,
on behalf of the Exchange, is able to access, as needed, trade
information for certain fixed income securities held by the Fund
reported to FINRA's Trade Reporting and Compliance Engine. The Exchange
also may obtain information regarding trading in the Shares from
markets or other entities that are members of ISG or with which the
Exchange has in place a comprehensive surveillance sharing agreement.
    (6) For initial and continued listing of the Shares, the Trust is
required to comply with Rule 10A-3 under the Act.\22\
---------------------------------------------------------------------------

    \22\ See 17 CFR 240.10A-3.
---------------------------------------------------------------------------

    (7) The Fund generally will invest at least 80% of its assets in
the securities of the Index.
    (8) Over time the Fund's tracking error \23\ will not exceed 5%.
---------------------------------------------------------------------------

    \23\ According to the Exchange, tracking error is the difference
between the performance (return) of the Fund's portfolio and that of
the Index.
---------------------------------------------------------------------------

    (9) The Fund may at times invest up to 20% of its assets in cash
and cash equivalents (including money market funds affiliated with
BFA), as well as in municipal bonds not included in the Index, but
which BFA believes will help the Fund track the Index.
    (10) On or about August 31, 2020, the Fund will wind up and
terminate, and its net assets will be distributed to the then-current
shareholders.
    This approval order is based on all of the Exchange's
representations, including those set forth above and in the Notice, and
the Exchange's description of the Funds.
    For the foregoing reasons, the Commission finds that the proposed
rule change, as modified by Amendment No. 1 thereto, is consistent with
Section 6(b)(5) of the Act \24\ and the rules and regulations
thereunder applicable to a national securities exchange.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\25\ that the proposed rule change (SR-NYSEArca-2014-37), as
modified by Amendment No. 1 thereto, be, and it hereby is, approved.
---------------------------------------------------------------------------

    \25\ 15 U.S.C. 78s(b)(2).

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\26\
---------------------------------------------------------------------------

    \26\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2014-15962 Filed 7-8-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 198 (Tuesday, October 13, 2020)]
[Proposed Rules]
[Pages 64417-64419]
[FR Doc No: 2020-22502]

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

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0911; Product Identifier 2020-NM-075-AD]
RIN 2120-AA64

Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate
Previously Held by Bombardier, Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all MHI RJ Aviation ULC Model CL-600-2C10 (Regional Jet Series 700,
701 & 702) airplanes; Model CL-600-2C11 (Regional Jet Series 550)
airplanes; Model CL-600-2D15 (Regional Jet Series 705) airplanes; Model
CL-600-2D24 (Regional Jet Series 900) airplanes; and Model CL-600-2E25
(Regional Jet Series 1000) airplanes. This proposed AD was prompted by
a determination that a new or more restrictive airworthiness limitation
is necessary. This proposed AD would require revising the existing
maintenance or inspection program, as applicable, to incorporate a new
or more restrictive airworthiness limitation. The FAA is proposing this
AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by November
27, 2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact MHI RJ
Aviation ULC, 12655 Henri-Fabre Blvd., Mirabel, Qu[eacute]bec J7N 1E1,
Canada; Widebody Customer Response Center North America toll-free
telephone +1-844-272-2720 or direct-dial telephone +1-514-855-8500; fax
+1-514-855-8501; email<EMAIL_ADDRESS>internet https://mhirj.com.
You may view this service information at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0911; 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 NPRM, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Siddeeq Bacchus, Aerospace Engineer,
Mechanical Systems and Administrative Services Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to participate in this rulemaking by submitting
written comments, data, or views about this proposal. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any

recommended change, and include supporting data. To ensure the docket
does not contain duplicate comments, commenters should send only one
copy of written comments, or if comments are filed electronically,
commenters should submit only one time. Send your comments to an
address listed under the ADDRESSES section. Include ``Docket No. FAA-
2020-0911; Product Identifier 2020-NM-075-AD'' at the beginning of your
comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments received by the closing
date for comments. The FAA will consider comments filed after the
comment period has closed if it is possible to do so without incurring
expense or delay. The FAA may change this NPRM because of those
comments.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to the
person identified in the FOR FURTHER INFORMATION CONTACT section. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2020-08, dated April 6,
2020 (referred to after this as the Mandatory Continuing Airworthiness
Information, or ``the MCAI''), to correct an unsafe condition for all
MHI RJ Aviation ULC Model CL-600-2C10 (Regional Jet Series 700, 701 &
702) airplanes; Model CL-600-2C11 (Regional Jet Series 550) airplanes;
Model CL-600-2D15 (Regional Jet Series 705) airplanes; Model CL-600-
2D24 (Regional Jet Series 900) airplanes; and Model CL-600-2E25
(Regional Jet Series 1000) airplanes. You may examine the MCAI in the
AD docket on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2020-0911.
    This proposed AD was prompted by a determination that a new or more
restrictive airworthiness limitation is necessary. This determination
follows a report that during maintenance, several telescopic ducts were
found jammed, and, in some cases, disconnected. Some of the failures
resulted in a slat fail message being posted on the engine indicating
and crew alerting system (EICAS).The telescopic duct slat attachment
movement during normal operation, combined with excessive friction
within the duct sliding joints, contributes to increased stress loads
on the duct, causing damage. The FAA is proposing this AD to address
failed telescopic ducts in the wing anti-ice system, which could result
in loss of the wing anti-ice system function, slat skew, slat jam,
structural damage to the slat panel, and loss of the slat panel,
possibly resulting in reduced control of the airplane. See the MCAI for
additional background information.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Bombardier Temporary Revision ALI-0721, dated
December 20, 2019. This service information describes safe life
limitation task 30-11-10-701 that specifies the life limitation for the
telescopic duct.
    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.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
and service information referenced above. The FAA is proposing this AD
because the FAA evaluated all the relevant information and determined
the unsafe condition described previously is likely to exist or develop
on other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate a new or more
restrictive airworthiness limitation.
    This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(i)(1) of this proposed AD.

Explanation of Change to Manufacturer's Name Specified in This NPRM

    The FAA has revised references to the manufacturer's name specified
throughout this NPRM to identify the manufacturer name as published in
the most recent type certificate data sheet for the affected models.

Costs of Compliance

    The FAA estimates that this proposed AD affects 577 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD.
    The FAA has determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although the
agency recognizes that this number may vary from operator to operator.
In the past, the agency has estimated that this action takes 1 work-
hour per airplane. Since operators incorporate maintenance or
inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the agency estimates the average total
cost per operator to be $7,650 (90 work-hours x $85 per work-hour).

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.
    The FAA is 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.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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):

MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier,
Inc.): Docket No. FAA-2020-0911; Product Identifier 2020-NM-075-AD.

(a) Comments Due Date

    The FAA must receive comments by November 27, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all MHI RJ Aviation ULC (type certificate
previously held by Bombardier, Inc.) airplanes identified in
paragraphs (c)(1) through (5) of this AD, certificated in any
category.
    (1) Model CL-600-2C10 (Regional Jet Series 700, 701 & 702)
airplanes.
    (2) Model CL-600-2C11 (Regional Jet Series 550) airplanes.
    (3) Model CL-600-2D15 (Regional Jet Series 705) airplanes.
    (4) Model CL-600-2D24 (Regional Jet Series 900) airplanes.
    (5) Model CL-600-2E25 (Regional Jet Series 1000) airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 30, Rain and Ice
Protection.

(e) Reason

    This AD was prompted by a determination that a new or more
restrictive airworthiness limitation is necessary. The FAA is
issuing this AD to address failed telescopic ducts in the wing anti-
ice system, which could result in loss of the wing anti-ice system
function, slat skew, slat jam, structural damage to the slat panel,
and loss of the slat panel, possibly resulting in reduced control of
the airplane.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision--Safe Life Limitation
Task 30-11-10-701

    Within 60 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to
incorporate the information specified in Bombardier Temporary
Revision ALI-0721, dated December 20, 2019, into Part 2 of the
Bombardier CRJ700/900/1000 Maintenance Requirements Manual. The
initial compliance time for doing the tasks is at the time specified
in Bombardier Temporary Revision ALI-0721, dated December 20, 2019,
or within 60 days after the effective date of this AD, whichever
occurs later.

(h) No Alternative Actions or Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) or intervals may be used unless the
actions and intervals are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (i)(1) of this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York 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 ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. 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.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or MHI RJ
Aviation ULC's TCCA Design Approval Organization (DAO). If approved
by the DAO, the approval must include the DAO-authorized signature.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian AD CF-2020-08, dated April 6, 2020, for related
information. This MCAI may be found in the AD docket on the internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2020-0911.
    (2) For more information about this AD, contact Siddeeq Bacchus,
Aerospace Engineer, Mechanical Systems and Administrative Services
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>    (3) For service information identified in this AD, contact MHI
RJ Aviation ULC, 12655 Henri-Fabre Blvd., Mirabel, Qu[eacute]bec J7N
1E1, Canada; Widebody Customer Response Center North America toll-
free telephone +1-844-272-2720 or direct-dial telephone +1-514-855-
8500; fax +1-514-855-8501; email<EMAIL_ADDRESS>internet https://mhirj.com. You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.

    Issued on October 5, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-22502 Filed 10-9-20; 8:45 am]
BILLING CODE 4910-13-P