[Federal Register: March 13, 2008 (Volume 73, Number 50)]
[Proposed Rules]
[Page 13490-13492]
[DOCID:fr13mr08-16]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0270; Directorate Identifier 2007-NM-255-AD]
RIN 2120-AA64

Airworthiness Directives; Gulfstream Aerospace LP Model Galaxy
Airplanes and Gulfstream 200 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    The 3 supporting blocks [installed on hydraulic lines] were made
of Teflon, which is unsuitable material for this application.
Excessive wear of the blocks was discovered on numerous aircraft, as
well as several cases of chafing between the loosely supported
tubes. In one case, hydraulic fluid was lost due to fatigue failure
of an inadequately supported tube. Loss of hydraulic fluid causes
subsequent multiple failures of hydraulically operated systems.

Multiple failures of hydraulically operated systems (for the flight air
brake actuators, brake system, right thrust reverser, etc.) could
result in reduced controllability of the airplane. The proposed AD
would require actions that are intended to address the unsafe condition
described in the MCAI.

DATES: We must receive comments on this proposed AD by April 14, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Mike Borfitz, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2677; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0270;
Directorate Identifier 2007-NM-255-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The Civil Aviation Authority of Israel (CAAI), which is the
aviation authority for Israel, has issued Israeli Airworthiness
Directive 29-07-01-11, dated May 28, 2007 (referred to after this as
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    The 3 supporting blocks [installed on hydraulic tubes] were made
of Teflon, which is unsuitable material for this application.
Excessive wear of the blocks was discovered on numerous aircraft, as
well as several cases of chafing between the loosely supported
tubes. In one case, hydraulic fluid was lost due to fatigue failure
of an inadequately supported tube. Loss of hydraulic fluid causes
subsequent multiple failures of hydraulically operated systems.

Multiple failures of hydraulically operated systems (for the flight air
brake actuators, brake system, right thrust reverser, etc.) could
result in reduced controllability of the airplane. The corrective
actions include repetitive visual inspections of the attaching blocks
for wear and of the hydraulic tubes to determine if any tube is loose
or damaged; an inspection of the entire length of the tubes for
chafing, damage, and cracking; replacement of chafed, damaged, or
cracked tubes; and replacement of blocks made of Teflon in the right-
hand aft fuselage equipment bay with new blocks made of Nylon 6/6. You
may obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    Gulfstream has issued Service Bulletin 200-29-316, dated June 29,
2007. The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making

these changes, we do not intend to differ substantively from the
information provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 129 products of U.S. registry. We also estimate that
it would take about 2 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Required parts would cost about $54 per product. Where the
service information lists required parts costs that are covered under
warranty, we have assumed that there will be no charge for these costs.
As we do not control warranty coverage for affected parties, some
parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $27,606, or $214 per product.

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.

Regulatory Findings

    We 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. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Gulfstream Aerospace LP (Formerly Israel Aircraft Industries, Ltd.):
Docket No. FAA-2008-0270; Directorate Identifier 2007-NM-255-AD.

Comments Due Date

    (a) We must receive comments by April 14, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Gulfstream Model Galaxy airplanes and
Gulfstream 200 airplanes, serial numbers 004 through 156,
certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 29:
Hydraulic Power.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    The 3 supporting blocks [installed on hydraulic tubes] were made
of Teflon, which is unsuitable material for this application.
Excessive wear of the blocks was discovered on numerous aircraft, as
well as several cases of chafing between the loosely supported
tubes. In one case, hydraulic fluid was lost due to fatigue failure
of an inadequately supported tube. Loss of hydraulic fluid causes
subsequent multiple failures of hydraulically operated systems.

Multiple failures of hydraulically operated systems (for the flight
air brake actuators, brake system, right thrust reverser, etc.)
could result in reduced controllability of the airplane. The
corrective actions include repetitive visual inspections of the
attaching blocks for wear and of the hydraulic tubes to determine if
any tube is loose or damaged; an inspection of the entire length of
the tubes for chafing, damage, and cracking; replacement of chafed,
damaged, or cracked tubes; and replacement of blocks made of Teflon
in the right-hand aft fuselage equipment bay with new blocks made of
Nylon 6/6.

Actions and Compliance

    (f) Do the following actions.
    (1) Within 50 flight hours or one month after the effective date
of this AD, whichever occurs first, unless previously accomplished
within 300 flight hours or six months prior to the effective date of
this AD: Perform a visual inspection of the clamping blocks for wear
and of the hydraulic tubes to determine if any tube is loose or
damaged. Clamping blocks are shown in detail B of Figure 2 of
Gulfstream Service Bulletin 200-29-316, dated June 29, 2007, or in
details B and C of Figure 10, Page 0, of the Gulfstream G200
Illustrated Parts Catalog Chapter 29-10-30.
    (i) If clamping blocks are not worn, repeat the inspections
specified in paragraph (f)(1) of this AD thereafter at intervals not
to exceed 300 flight hours or six months, whichever comes first,
until the replacement required by paragraph (f)(2) of this AD is
done.
    (ii) If any hydraulic tube is loose or damaged, before further
flight, inspect the hydraulic tubes along their entire length for
chafing, damage, and cracks.
    (iii) Before further flight, repair or replace all chafed,
damaged, or cracked tubes using a method approved by either the
Manager, International Branch, ANM-116, Transport Airplane
Directorate, FAA; or the Civil Aviation Authority of Israel (CAAI)
(or its delegated agent). Chapter 20-10-12 of the Gulfstream G200
Maintenance Manual is one approved method.
    (iv) Before further flight, replace all worn clamping blocks by
doing the replacement specified in paragraph (f)(2) of this AD,
except as provided by paragraph (f)(1)(v) of this AD.
    (v) If Nylon 6/6 clamping blocks part number (P/N) 4AS3565055-
511 are not available during the replacement specified in paragraph
(f)(1)(iv) of this AD, before further flight, install new or
serviceable Teflon clamping blocks P/N 4AS3565055-507. Within 300
flight hours or six months after doing the installation, do the
actions specified in paragraph (f)(1) of this AD and repeat
thereafter at intervals not to exceed 300 flight hours or six
months, whichever comes first, until the replacement required by
paragraph (f)(2) of this AD is done.
    (2) Within 600 flight hours or one year, whichever comes first,
after the effective date of this AD, unless previously accomplished:
Replace the existing Teflon clamping blocks P/N 4AS3565055-507 with
Nylon 6/6 clamping blocks P/N 4AS3565055-511 in accordance with
Gulfstream Service Bulletin 200-29-316, dated June 29, 2007.

Accomplishment of this replacement constitutes terminating action
for all inspections of the clamping blocks required by this AD.
Accomplishment of this replacement also constitutes terminating
action for the repetitive inspections of the hydraulic tube required
by paragraphs (f)(1)(i) and (f)(1)(v) of this AD.

    Note 1: Succeeding scheduled maintenance checks of this area are
to be performed per the Aircraft Maintenance Manual (AMM).

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information
as follows:
    (1) The MCAI does not specify service information if any tube
replacement is done. This AD requires doing the replacement as
specified in paragraph (f)(1)(ii) of this AD.
    (2) The MCAI specifies doing a one-time inspection of the
installed Teflon blocks but also specifies doing repetitive
inspections of temporary replacement Teflon blocks until the
permanent replacement with Nylon 6/6 clamping blocks is done. This
AD requires repetitive inspections of all Teflon blocks until the
permanent replacement is done.
    (3) The MCAI specifies that doing the replacement with Nylon 6/6
clamping blocks constitutes terminating action. This AD specifies
that doing the replacement with Nylon 6/6 clamping blocks
constitutes terminating action for the inspections of the clamping
blocks and for the repetitive inspections of the hydraulic tubes.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. Send information to ATTN: Mike Borfitz, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-2677; fax<PHONE_NUMBER>. Before using any approved AMOC
on any airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Israeli Airworthiness Directive 29-07-01-11,
dated May 28, 2007, and Gulfstream Service Bulletin 200-29-316,
dated June 29, 2007, for related information.

    Issued in Renton, Washington, on March 3, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E8-5015 Filed 3-12-08; 8:45 am]

BILLING CODE 4910-13-P


                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                         WASHINGTON, D.C. 20460

                                                 	OFFICE OF CHEMICAL SAFETY AND
                                                                                POLLUTION PREVENTION

MEMORANDUM

Date:  December 5, 2013

SUBJECT:	Fenamidone  -  Acute and Chronic Aggregate Dietary (Food and Drinking Water) Exposure and Risk Assessments to Support New Uses on Ginseng, Succulent Beans, Bulb Onion (Subgroup 3-07A), and Green Onion (Subgroup 3-07B).

PC Code:  046679
DP Barcode:  D416496
Decision No.:  475185
Registration No.:
Petition No.:  3E8150
Regulatory Action:  Section 3 Registration
Risk Assessment Type:  Dietary Risk Assessment
CAS No.:  161326-34-7

FROM:	Karen Milians, Ph.D., Chemist
	Risk Assessment Branch 7
	Health Effects Division (7508P)

THROUGH:	 Dennis McNeilly, Chemist
	Meheret Negussie, Chemist
	Ideliz Negron-Encarnacion, Ph.D., Chemist
              Dietary Exposure Science Advisory Council (DESAC)

TO:		Laura Nollen, Risk Manager Reviewer
		Barbara Madden, Risk Manager
		Registration Division (7505P)

Executive Summary

Acute and chronic aggregate dietary (food and drinking water) exposure and risk assessments were conducted using the Dietary Exposure Evaluation Model software with the Food Commodity Intake Database (DEEM-FCID) Version 3.16.  This software uses 2003-2008 food consumption data from the U.S. Department of Agriculture's (USDA's) National Health and Nutrition Examination Survey, What We Eat in America, (NHANES/WWEIA).The analyses were performed to support the Section 3 request for use on ginseng, succulent beans bulb onion (Subgroup 3-07A), and green onion (Subgroup 3-07B).

Acute Dietary Exposure Assessment

 A slightly unrefined acute dietary risk assessment was conducted which used maximum field trial residue values, assumed 100 percent crop treated (% CT) for all commodities, incorporated DEEM(TM) default processing factors and empirical factors were used for processed commodities and included modeled drinking water estimates.  The estimated exposure (food and water) to the U.S. population from the existing and proposed new uses of fenamidone resulted in an estimated risk equivalent to 3% of the acute population adjusted dose (aPAD) at the 95[th] percentile.  The most highly exposed subpopulation was children 1 - 2 years with an estimated exposure equivalent to 5% of the aPAD at the 95[th] percentile.

Chronic Dietary Exposure Assessment

 A chronic dietary risk assessment was conducted which used maximum field trial residue values, assumed 100 % CT for all commodities, incorporated DEEM(TM) default processing factors for many processed commodities and included modeled drinking water estimates.  The estimated exposure (food and water) to the U.S. population from the existing and proposed new uses of fenamidone resulted in an estimated risk equivalent to 53% of the chronic population adjusted dose (cPAD).  The most highly exposed subpopulation was children 1  -  2 years with an estimated exposure equivalent to 89% of the cPAD.

Cancer Dietary Exposure Assessment

Fenamidone is not likely to be a human carcinogen; therefore a cancer dietary risk assessment is not required for this chemical.

I.  Introduction

Dietary risk assessment incorporates both exposure and toxicity of a given pesticide.  For acute and chronic assessments, the risk is expressed as a percentage of a maximum acceptable dose (i.e., the dose which HED has concluded will result in no unreasonable adverse health effects).  This dose is referred to as the population adjusted dose (PAD).  The PAD is equivalent to point of departure (POD, NOAEL, LOAEL, e.g.) divided by the required uncertainty or safety factors.

For acute and non-cancer chronic exposures, HED is concerned when estimated dietary risk exceeds 100% of the PAD.  HED is generally concerned when estimated cancer risk exceeds one in one million.  References which discuss the acute and chronic risk assessments in more detail are available on the EPA/pesticides web site:  "Available Information on Assessing Exposure from Pesticides In Food, A User's Guide," 5-NOV-2013, web link:  http://www.epa.gov/fedrgstr/EPA-PEST/2000/July/Day-12/6061.pdf ; or see SOP 99.6 (29-OCT-2013).

The most recent dietary risk assessment for fenamidone was conducted by Alexandra LaMay (D391040, 07/7/11).

II.  Residue Information

Tolerances are currently established for residues of fenamidone under 40 CFR 180.579 (a)(1)  for a variety of primary crops including bulb vegetables, cucurbit vegetables, tuberous and corm vegetables, brassica vegetables, leafy vegetables, fruiting vegetables, cotton, non bell pepper, sunflower, and tomato ranging from 0.02 ppm to 60 ppm.  Livestock commodity tolerances are established for residues of fenamidone and RPA 717879 (DADK-Fen) in milk, fat, meat and meat byproducts under 180.579(a)(2).  Rotational crop tolerances are established for residues of fenamidone and RPA 717870 (DADK-Fen) in wheat, corn and soybean commodities and strawberries ranging from 0.02 ppm to 0.50 ppm under 40CFR 180.579(d).

The residues of concern for tolerance setting and risk assessment purposes are summarized in the table below.
Table 1:  Residues of Concern in Primary Crops, Livestock, Rotational Crops, and Water
Matrix
Tolerance Expression
Residues for Risk Assessment
Registered/proposed primary crops excluding root vegetables
fenamidone
fenamidone, RPA 717879 (DADK-Fen), RPA 408056 (DA-Fen), RPA 405862
Carrot[1]
fenamidone
fenamidone, RPA 413255
Animal commodities
fenamidone, RPA 717879 (DADK-Fen)
fenamidone, RPA 717879 (DADK-Fen), RPA 408056 (DA-Fen)
Rotational Crops
fenamidone, RPA 717879 (DADK-Fen)
fenamidone, RPA 717879 (DADK-Fen), and RPA 408056 (DA-Fen) (free and conjugated)
Water
NA
Fenamidone, RPA 412636, RPA 412708, RPA 411639, RPA 413255, RPA 409446, and RPA 410995
[1] For future field trials with the root vegetables, HED recommends that parent fenamidone, and the metabolites RPA 413255, RPA 717879 (DADK-Fen) and RPA 408056 (DA-Fen), and RPA 405862 are measured.

The tolerances are presented in the most recent residue chemistry document (K. Milians, D409835).

The new residues were included in the acute and chronic dietary risk assessment and a description of how they were calculated are shown in Table 2.

Table 2.  Summary of New Residue Values Added to the Acute and Chronic Dietary Risk Assessment
Crop/Commodity*
Residue Value (ppm)
Comment
Ginseng

                                     1.19

The field rotational crop studies monitored for residues of fenamidone and metabolites (RPA 717879, RPA 408056 and RPA 405862) in ginseng.  RPA 413255 is included as a residue of concern for ginseng since it is in the same crop group as carrot, however, this analyte was not determined in the field trials for ginseng. Data from carrot was used to estimate a factor to account for RPA 413255.  The carrot metabolism study (469291101.der.doc) indicated that residues of RPA 413255 were 0.6x that of fenamidone (D314318, T. Bloem, 7-Jun-2007). The ginseng field trials showed that residues of parent fenamidone were 0.35 ppm, conjugated RPA 408056 were 0.024 ppm, RPA 717879  were <0.02 and RPA 405862 were 0.022 for combined residues of 0.98 ppm (D409835, K. Milians).  Using the 0.6x factor to account for RPA 413255 the combined residue level would be 1.19 ppm (0.98 ppm + 0.35 ppm x 0.21ppm).
Snap Beans
                                     0.52
The field crop studies monitored for residues of fenamidone and metabolites (RPA 717879, RPA 408056 and RPA 405862) in snap beans.  Residues of fenamidone, RPA 405862, RPA 717879, RPA 408056 in snap beans were 0.46, 0.02, 0.02 and 0.02 ppm, respectively, for a total residue of 0.52 ppm (MRID 49052103; D409835, K. Milians).
Onion, bulb, subgroup 3-07A
                                     0.186
Adequate data were previously submitted to establish tolerances on these subgroups based on residue data for bulb onions. A. LaMay (D391040, 07/7/11)
Onion, bulb, subgroup 3-07B
                                     1.23
Adequate data were previously submitted to establish tolerances on this subgroup based on residue data for green onions. A. LaMay (D391040, 07/7/11)

DEEM (ver. 7.81) default processing factors were maintained for all commodities excluding grape juice, dried potato, tomato paste, tomato puree, field corn processed commodities and soybean processed commodities.  For these commodities, the DEEM (ver. 7.81) default processing factors were reduced to 1 based on processing data (grape), were reduced to 1 based on the application of empirical processing factors to the RAC residue (tomato paste, tomato puree, and dried potato; D277818, T. Bloem, 4/22/04), or were reduced to 1 based on lack of residues at exaggerated rates in the RAC (field corn processed commodities and soybean processed commodities; D357372, A. LaMay, 2/24/09).

III.  Percent Crop Treated Information

For all commodities 100 percent crop treated was assumed.

IV. Drinking Water Data

The drinking water residues used in the dietary risk assessment were provided by the Environmental Fate and Effects Division (EFED, J. K. Wolf, D409837, 09/18/13) and were incorporated directly into the acute and chronic dietary assessments.  Water residues were incorporated in the DEEM-FCID into the food categories "water, direct, all sources" and "water, indirect, all sources."

Monitoring data are not available for residues of fenamidone and its metabolites in water; therefore EFED has provided modeled values for ground and surface water.  The modeled EDWCs (estimated drinking water concentrations) are reported for parent and its degradation products, RPA-412636, RPA-412108, RPA-411639, RPA-413255, RPA-409446, and RPA- 410995.  These are the residues of concern in drinking water, as determined by the Metabolite Assessment Committee (MARC, 05/25/04).  Surface water EDWCs were calculated using a Tier II model for surface water PRZM (Pesticide Root Zone Model, Version 3.122) and EXAMS (Version 2.98.04) using the PE5 platform.  The EDWC in ground water were estimated using the Screening Concentration In Ground Water model (SCI-GROW, Version 2.3) and PRZM-GW (Pesticide Root Zone Model for Groundwater, version 1.0, August 31, 2012). EDWCs in surface source water were corrected using the default percent crop area factor (0.91).  The default PCA was applied because fenamidone can be used on numerous crops.  No water treatment effects were considered in this assessment.  These models and their descriptions are available at the EPA internet site: http://www.epa.gov/oppefed1/models/water/.

The drinking water EDWCs recommended for use in the human health dietary risk assessment are those estimated for groundwater.  The highest daily total fenamidone residue concentration in shallow groundwater estimated by PRZM-GW is 207ug/L and the average concentration after breakthrough was 139 ug/L for the Central Sands Region of Wisconsin from 30 years of continuous use.  These estimates represent potential exposure to private drinking water well in a highly vulnerable pesticide use area where numerous pesticide residues have been detected in groundwater.

For both the acute and chronic dietary analysis, HED will use the maximum ground water EDWC of 207 μg/L (0.207 ppm), since it is the highest EDWC reported for fenamidone.

Table 3	Summary of Estimated Surface Water and Groundwater Concentrations for Fenamidone.
Scenario
Surface Water Conc., ppb a
Groundwater Conc., ppb b
Acute
41.7
207
Chronic (non-cancer)
11.9
207
Chronic (cancer)
5.99
207
[a] From the Tier II PRZM-EXAMS - Index Reservoir model.  Input parameters are based on ...
[b] From the PRZM-GW model.
USEPA, 2013,  J. K. Wolf, D409837.

V.  DEEM-FCID Program and Consumption Information

Fenamidone acute and chronic dietary exposure assessments were conducted using the DEEM-FCID, Version 3.16, which incorporates 2003-2008 consumption data from USDA's NHANES/WWEIA.  The data are based on the reported consumption of more than 20,000 individuals over two non-consecutive survey days.  Foods "as consumed" (e.g., apple pie) are linked to EPA-defined food commodities (e.g., apples, peeled fruit - cooked; fresh or N/S; baked; or wheat flour - cooked; fresh or N/S, baked) using publicly available recipe translation files developed jointly by USDA/ARS and EPA.  For chronic exposure assessment, consumption data are averaged for the entire U.S. population and within population subgroups.  However, for acute exposure assessment, consumption data are retained as individual consumption events.  Based on analysis of the 2003-2008 WWEIA consumption data, which took into account dietary patterns and survey respondents, HED concluded that it is most appropriate to report risk for the following population subgroups: the general U.S. population, all infants (<1 year old), children 1-2, children 3-5, children 6-12, youth 13-19, adults 20-49, females 13-49, and adults 50-99 years old.

For a chronic dietary exposure assessment, an estimate of the residue level in each food or food-form (e.g., orange or orange juice) on the food commodity residue list is multiplied by the average daily consumption estimate for that food/food form to produce a residue intake estimate.  The resulting residue intake estimate for each food/food form is summed with the residue intake estimates for all other food/food forms on the commodity residue list to arrive at the total average estimated exposure.  Exposure is expressed in mg/kg body weight/day and as a percent of the cPAD.  This procedure is performed for each population subgroup.

For an acute exposure assessment, individual one-day food consumption data are used on an individual-by-individual basis.  The reported consumption amounts of each food item can be multiplied by a residue point estimate and summed to obtain a total daily pesticide exposure for a deterministic exposure assessment, or "matched" in multiple random pairings with residue values and then summed in a probabilistic assessment.  The resulting distribution of exposures is expressed as a percentage of the aPAD on both a user (i.e., only those who reported eating relevant commodities/food forms) and a per-capita (i.e., those who reported eating the relevant commodities as well as those who did not) basis.  In accordance with HED policy, per capita exposure and risk are reported for analyses performed at all levels of refinement.  However, for deterministic assessments, any significant differences in user vs. per capita exposure and risk are specifically identified and noted in the risk assessment.

VI.  Toxicological Information

The HED Hazard Identification and Assessment Review Committee (HIARC) met on 18-March-2003 to evaluate the toxicological database for fenamidone (TXR No. 0052379).  At that meeting the lack of a developmental neurotoxicity study was indentified and a 10X database uncertainty factor was applied.  Subsequent to that finding, the registrant has addressed the data gap, and HED has determined that the database UF is no longer required.  Based on toxicological considerations and the residue assumptions used in the dietary analyses, HED concludes that the FQPA Safety Factor can be reduced to 1x when assessing acute and chronic dietary exposures.  Table 3 summarizes the points of departure used for dietary risk assessment.

Table 3.  Summary of Toxicological Doses and Endpoints for Fenamidone Dietary Exposure Assessment
Exposure
Scenario
Point of Departure
Uncertainty/
FQPA SF
RfD and PAD
Study and Toxicological Effects
Acute Dietary
(All populations)
NOAEL = 125 mg/kg/day
UFA= 10x
UFH= 10x
FQPA SF= 1
Acute RfD = 1.25 mg/kg/day

Acute PAD = 1.25 mg/kg/day
Acute Neurotoxicity in Rats; LOAEL = 500 mg/kg/day based on urination, staining/soiling of the anogenital region, mucous in the feces, and unsteady gait in the females
Chronic Dietary
(All populations)
NOAEL= 2.83 mg/kg/day
UFA= 10x
UFH= 10x
FQPA SF= 1
Chronic RfD = 0.0283 mg/kg/day

Chronic PAD = 0.0283 mg/kg/day
2 Year Chronic Toxicity/Carcinogenicity in Rats; LOAEL = 7.07/9.24 mg/kg/day (M/F) based on increase in severity of diffuse thyroid C-cell hyperplasia in both sexes
Cancer
Based on the negative carcinogenic potential of fenamidone in rats and mice, the HIARC classified fenamidone as "not likely" to be a human carcinogen by all relevant routes of exposure.
Point of Departure (POD) = A data point or an estimated point that is derived from observed dose-response data and  used to mark the beginning of extrapolation to determine risk associated with lower environmentally relevant human exposures.  NOAEL = no observed adverse effect level.  LOAEL = lowest observed adverse effect level.  UF = uncertainty factor.  UFA = extrapolation from animal to human (intraspecies).  UFH = potential variation in sensitivity among members of the human population (interspecies).    FQPA SF = FQPA Safety Factor.  PAD = population adjusted dose (a = acute, c = chronic).  RfD = reference dose.

VII.  Results/Discussion

As stated above, for acute and chronic assessments, HED is concerned when dietary risk exceeds 100% of the PAD.  The DEEM-FCID(TM) analyses estimate the dietary exposure of the U.S. population and various population subgroups.  The results reported in Table 4 are for the general U.S. Population, all infants (<1 year old), children 1-2, children 3-5, children 6-12, youth 13-19, females 13-49, adults 20-49, and adults 50+ years.

The estimated exposure (food and water) to the U.S. population from the existing and proposed new uses of fenamidone resulted in an estimated risk equivalent to 3% of the aPAD at the 95[th] percentile.  The most highly exposed subpopulation was children 1  -  2 years with an estimated exposure equivalent to 5% of the aPAD at the 95[th] percentile.

The estimated exposure (food and water) to the U.S. population from the existing and proposed new uses of fenamidone resulted in an estimated risk equivalent to 53% of the cPAD.  The most highly exposed subpopulation was children 1  -  2 years with an estimated exposure equivalent to 89 % of the cPAD.

 The results of the acute and chronic dietary exposure analysis are reported in the summary table below (Table 4).

Fenamidone is not likely to be a human carcinogen; therefore a cancer dietary risk assessment is not required for this chemical.
 Table 4.  Summary of Dietary (Food and Drinking Water) Exposure and Risk for Fenamidone
                              Population Subgroup
                                 Acute Dietary
                               (95th Percentile)
                                Chronic Dietary
                                     Cancer

                          Dietary Exposure (mg/kg/day)
                                    % aPAD*
                                Dietary Exposure
                                  (mg/kg/day)
                                    % cPAD*
                                Dietary Exposure
                                  (mg/kg/day)
                                      Risk
 General U.S. Population
                                    0.042858
                                      3.4
                                    0.014881
                                       53
                                      N/A
                                      N/A
 All Infants (< 1 year old)
                                    0.049122
                                      3.9
                                    0.019601
                                       69

 Female 13-50 years old
                                    0.044191
                                      3.5
                                    0.014513
                                       51

 Children 1-2 years old
                                    0.059469
                                      4.8
                                    0.025185
                                       89

 Children 3-5 years old
                                    0.058441
                                      4.7
                                    0.022511
                                       80

 Children 6-12 years old
                                    0.035464
                                      2.8
                                    0.014602
                                       52

 Youth 13-19 years old
                                    0.030767
                                      2.5
                                    0.011064
                                       39

 Adults 20-49 years old
                                    0.042344
                                      3.4
                                    0.014350
                                       51

 Adults 50+ years old
                                    0.043906
                                      3.5
                                    0.014768
                                       52

 Females 13-49 years old
                                    0.044264
                                      3.5
                                    0.014516
                                       51

N/A is "not applicable".  Populations with highest exposure are shown in bold.
* PAD = population adjusted dose.

 VIII. Characterization of Inputs/Outputs

 The acute and chronic dietary assessments are considered to be conservative, using field trial data conducted at maximum application rate and minimum PHI and assuming 100% CT for all commodities, as well as using default drying concentration factors and empirical factors.  The results of the acute and chronic dietary risk assessments are unlikely to underestimate risk.

 IX.  Conclusions

 Slightly refined  acute and chronic dietary risk assessments were conducted which used maximum field trial residue values, assumed 100 % CT for all commodities and incorporated DEEM(TM) default processing factors as well as empirical factors were used for processed commodities.

The estimated exposure (food and water) to the U.S. population from the existing and proposed new uses of fenamidone resulted in an estimated risk equivalent to 3.4% of the aPAD at the 95[th] percentile.  The most highly exposed subpopulation was children 1  -  2 years with an estimated exposure equivalent to 5% of the aPAD at the 95[th] percentile.

The estimated exposure (food and water) to the U.S. population from the existing and proposed new uses of fenamidone resulted in an estimated risk equivalent to 53% of the cPAD.  The most highly exposed subpopulation was children 1  -  2 years with an estimated exposure equivalent to 89% of the cPAD.

 Acute and chronic dietary risks from the existing and newly proposed used of fenamidone are not of concern.

 X.  List of Attachments

Attachment 1.  Chronic Dietary Risk Assessment Results file.
Attachment 2.  Acute Dietary Risk Assessment Results file.
Attachment 3.  Acute and Chronic Food plus Water Residue Input file.
Attachment 1. Fenamidone Chronic Dietary Risk Assessment Results File

US EPA                                                          Ver. 3.16, 03-08-d
DEEM-FCID Chronic analysis for FENAMIDONE                  NHANES 2003-2008 2-day
Residue file name: C:\Documents and Settings\kmilians\Desktop\MODELS\DEEM\FENAMIDONE ACUTE AND CHRONIC F_W041311.R08
                                                 Adjustment factor #2 NOT used.
Analysis Date 11-19-2013/12:08:00     Residue file dated: 11-19-2013/12:06:01
Reference dose (RfD, Chronic) = .0283 mg/kg bw/day
COMMENT 1: 100x uncertainity factor for acute and chronic; 1x FQPA safety factor for acute and chronic; EDWC
===============================================================================
                    Total exposure by population subgroup
-------------------------------------------------------------------------------

                                                    Total Exposure
                                         -----------------------------------
          Population                         mg/kg             Percent of
           Subgroup                       body wt/day             Rfd
--------------------------------------   -------------       ----------------
Total US Population                         0.014881                52.6%
Hispanic                                    0.013448                47.5%
Non-Hisp-White                              0.015116                53.4%
Non-Hisp-Black                              0.013951                49.3%
Non-Hisp-Other                              0.017714                62.6%
Nursing Infants                             0.009144                32.3%
Non-Nursing Infants                         0.024272                85.8%
Female 13+ PREG                             0.013363                47.2%
Children 1-6                                0.023021                81.3%
Children 7-12                               0.013691                48.4%
Male 13-19                                  0.010802                38.2%
Female 13-19/NP                             0.011339                40.1%
Male 20+                                    0.013446                47.5%
Female 20+/NP                               0.015545                54.9%
Seniors 55+                                 0.014586                51.5%
All Infants                                 0.019601                69.3%
Female 13-50                                0.014513                51.3%
Children 1-2                                0.025185                89.0%
Children 3-5                                0.022511                79.5%
Children 6-12                               0.014602                51.6%
Youth 13-19                                 0.011064                39.1%
Adults 20-49                                0.014350                50.7%
Adults 50-99                                0.014768                52.2%
Female 13-49                                0.014516                51.3%

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

Attachment 2. Fenamidone Acute Dietary Risk Assessment Results File

US EPA                                                      Ver. 3.18, 03-08-d
DEEM-FCID ACUTE Analysis for FENAMIDONE                  NHANES 2003-2008 2-Day
Residue file: FENAMIDONE ACUTE AND CHRONIC F_W041311.R08
Adjustment factor #2 NOT used.
Analysis Date: 11-19-2013/12:10:42    Residue file dated: 11-19-2013/12:06:01
NOEL (Acute) = 125.000000 mg/kg body-wt/day
RAC/FF intake summed over 24 hours
Run Comment: "100x uncertainity factor for acute and chronic; 1x FQPA safety f
actor for acute and chronic; EDWC "
===============================================================================

Summary calculations--per capita:

---   95th Percentile----   ---   99th Percentile----     ---99.9th Percentile----
 Exposure  % aRfD     MOE    Exposure  % aRfD     MOE    Exposure  % aRfD     MOE
---------- ------- -------- ---------- ------- -------- ---------- ------- --------
Total US Population:
  0.042858    3.43    2916    0.083286    6.66    1500    0.159846   12.79     782
All Infants:
  0.049122    3.93    2544    0.078634    6.29    1589    0.328697   26.30     380
Female 13-50:
  0.044191    3.54    2828    0.086806    6.94    1439    0.152918   12.23     817
Children 1-2:
  0.059469    4.76    2101    0.100903    8.07    1238    0.368654   29.49     339
Children 3-5:
  0.058441    4.68    2138    0.122948    9.84    1016    0.212424   16.99     588
Children 6-12:
  0.035464    2.84    3524    0.083108    6.65    1504    0.159590   12.77     783
Youth 13-19:
  0.030767    2.46    4062    0.059223    4.74    2110    0.124518    9.96    1003
Adults 20-49:
  0.042344    3.39    2952    0.081206    6.50    1539    0.145666   11.65     858
Adults 50-99:
  0.043906    3.51    2846    0.082755    6.62    1510    0.156961   12.56     796
Female 13-49:
  0.044264    3.54    2823    0.087130    6.97    1434    0.151727   12.14     823

Attachment 3.  Acute and Chronic Food plus Water Residue Input file.

The residue input file used was the same for acute and chronic analyses, however the reference doses were different; 0.0283 mg/kg  bw/day for chronic analysis and 125 mg/kg  bw/day for acute.

US EPA                                                          Ver. 3.16, 03-08-d
DEEM-FCID Chronic analysis for FENAMIDONE
Residue file: C:\Documents and Settings\kmilians\Desktop\MODELS\DEEM\FENAMIDONE ACUTE AND CHRONIC F_W041311.R08
                                                           Adjust. #2 NOT used
Analysis Date 11-21-2013             Residue file dated: 11-19-2013/13:26:57
Reference dose (RfD) = 0.0283 mg/kg bw/day
Comment:100x uncertainity factor for acute and chronic; 1x FQPA safety factor for acute and chronic; EDWC
----------------------------------------------------------------------------------
 Food      Crop                                   Residue       Adj.Factors
EPA Code    Grp  Food Name                        (ppm)        #1         #2
---------- ---- -------------------------------   ---------- ------     ------
0401005000 4A   Amaranth, leafy                   32.550000   1.000      1.000
0103015000 1CD  Arrowroot, flour                   0.080000   1.000      1.000
0103015001 1CD  Arrowroot, flour-babyfood          0.080000   1.000      1.000
0103017000 1CD  Artichoke, Jerusalem               0.080000   1.000      1.000
0401018000 4A   Arugula                           32.550000   1.000      1.000
0902021000 9B   Balsam pear                        0.158000   1.000      1.000
1500025000 15   Barley, pearled barley             0.594000   1.000      1.000
1500025001 15   Barley, pearled barley-babyfood    0.594000   1.000      1.000
1500026000 15   Barley, flour                      0.594000   1.000      1.000
1500026001 15   Barley, flour-babyfood             0.594000   1.000      1.000
1500027000 15   Barley, bran                       0.594000   1.000      1.000
0603030000 6C   Bean, black, seed                  0.520000   1.000      1.000
0602031000 6B   Bean, broad, succulent             0.520000   1.000      1.000
0603032000 6C   Bean, broad, seed                  0.520000   1.000      1.000
0603035000 6C   Bean,  great northern, seed        0.520000   1.000      1.000
0603036000 6C   Bean, kidney, seed                 0.520000   1.000      1.000
0602037000 6B   Bean, lima, succulent              0.520000   1.000      1.000
0603038000 6C   Bean, lima, seed                   0.520000   1.000      1.000
0603039000 6C   Bean, mung, seed                   0.520000   1.000      1.000
0603040000 6C   Bean, navy, seed                   0.520000   1.000      1.000
0603041000 6C   Bean, pink, seed                   0.520000   1.000      1.000
0603042000 6C   Bean, pinto, seed                  0.520000   1.000      1.000
0601043000 6A   Bean, snap, succulent              0.520000   1.000      1.000
0601043001 6A   Bean, snap, succulent-babyfood     0.520000   1.000      1.000
3100044000 31   Beef, meat                         0.150000   1.000      1.000
3100044001 31   Beef, meat-babyfood                0.150000   1.000      1.000
3100045000 31   Beef, meat, dried                  0.150000   1.920      1.000
3100046000 31   Beef, meat byproducts              0.150000   1.000      1.000
3100046001 31   Beef, meat byproducts-babyfood     0.150000   1.000      1.000
3100047000 31   Beef, fat                          0.150000   1.000      1.000
3100047001 31   Beef, fat-babyfood                 0.150000   1.000      1.000
3100048000 31   Beef, kidney                       0.150000   1.000      1.000
3100049000 31   Beef, liver                        0.150000   1.000      1.000
3100049001 31   Beef, liver-babyfood               0.150000   1.000      1.000
0101050000 1AB  Beet, garden, roots                0.180000   1.000      1.000
0101050001 1AB  Beet, garden, roots-babyfood       0.180000   1.000      1.000
0501061000 5A   Broccoli                           3.270000   1.000      1.000
0501061001 5A   Broccoli-babyfood                  3.270000   1.000      1.000
0501062000 5A   Broccoli, Chinese                  3.270000   1.000      1.000
0502063000 5B   Broccoli raab                     32.990000   1.000      1.000
0501064000 5A   Brussels sprouts                   0.740000   1.000      1.000
1500065000 15   Buckwheat                          0.594000   1.000      1.000
1500066000 15   Buckwheat, flour                   0.594000   1.000      1.000
0101067000 1AB  Burdock                            0.180000   1.000      1.000
0501069000 5A   Cabbage                            0.740000   1.000      1.000
0502070000 5B   Cabbage, Chinese, bok choy        32.990000   1.000      1.000
0501071000 5A   Cabbage, Chinese, napa             0.740000   1.000      1.000
0501072000 5A   Cabbage, Chinese, mustard          3.270000   1.000      1.000
0901075000 9A   Cantaloupe                         0.158000   1.000      1.000
0402076000 4B   Cardoon                           20.160000   1.000      1.000
0101078000 1AB  Carrot                             0.180000   1.000      1.000
0101078001 1AB  Carrot-babyfood                    0.180000   1.000      1.000
0101079000 1AB  Carrot, juice                      0.180000   1.000      1.000
0103082000 1CD  Cassava                            0.080000   1.000      1.000
0103082001 1CD  Cassava-babyfood                   0.080000   1.000      1.000
0501083000 5A   Cauliflower                        3.270000   1.000      1.000
0101084000 1AB  Celeriac                           0.180000   1.000      1.000
0402085000 4B   Celery                            20.160000   1.000      1.000
0402085001 4B   Celery-babyfood                   20.160000   1.000      1.000
0402086000 4B   Celery, juice                     20.160000   1.000      1.000
0402087000 4B   Celtuce                           20.160000   1.000      1.000
0902088000 9B   Chayote, fruit                     0.158000   1.000      1.000
0603098000 6C   Chickpea, seed                     0.520000   1.000      1.000
0603098001 6C   Chickpea, seed-babyfood            0.520000   1.000      1.000
0603099000 6C   Chickpea, flour                    0.520000   1.000      1.000
0101100000 1AB  Chicory, roots                     0.180000   1.000      1.000
0902102000 9B   Chinese waxgourd                   0.158000   1.000      1.000
0401104000 4A   Chrysanthemum, garland            32.550000   1.000      1.000
0502117000 5B   Collards                          32.990000   1.000      1.000
1500120000 15   Corn, field, flour                 0.218000   1.000      1.000
1500120001 15   Corn, field, flour-babyfood        0.218000   1.000      1.000
1500121000 15   Corn, field, meal                  0.218000   1.000      1.000
1500121001 15   Corn, field, meal-babyfood         0.218000   1.000      1.000
1500122000 15   Corn, field, bran                  0.218000   1.000      1.000
1500123000 15   Corn, field, starch                0.218000   1.000      1.000
1500123001 15   Corn, field, starch-babyfood       0.218000   1.000      1.000
1500124000 15   Corn, field, syrup                 0.218000   1.000      1.000
1500124001 15   Corn, field, syrup-babyfood        0.218000   1.000      1.000
1500125000 15   Corn, field, oil                   0.218000   1.000      1.000
1500125001 15   Corn, field, oil-babyfood          0.218000   1.000      1.000
1500126000 15   Corn, pop                          0.594000   1.000      1.000
1500127000 15   Corn, sweet                        0.218000   1.000      1.000
1500127001 15   Corn, sweet-babyfood               0.218000   1.000      1.000
2003128000 20C  Cottonseed, oil                    0.080000   1.000      1.000
2003128001 20C  Cottonseed, oil-babyfood           0.080000   1.000      1.000
0401133000 4A   Cress, garden                     32.550000   1.000      1.000
0401134000 4A   Cress, upland                     32.550000   1.000      1.000
0902135000 9B   Cucumber                           0.158000   1.000      1.000
0401138000 4A   Dandelion, leaves                 32.550000   1.000      1.000
0103139000 1CD  Dasheen, corm                      0.080000   1.000      1.000
0802148000 8BC  Eggplant                           0.260000   1.000      1.000
0401150000 4A   Endive                            32.550000   1.000      1.000
0402152000 4B   Fennel, Florence                  20.160000   1.000      1.000
0301165000 3A   Garlic, bulb                       0.186000   1.000      1.000
0301165001 3A   Garlic, bulb-babyfood              0.186000   1.000      1.000
0101168000 1AB  Ginseng, dried                     1.190000   1.000      1.000
3200169000 32   Goat, meat                         0.150000   1.000      1.000
3200170000 32   Goat, meat byproducts              0.150000   1.000      1.000
3200171000 32   Goat, fat                          0.150000   1.000      1.000
3200172000 32   Goat, kidney                       0.150000   1.000      1.000
3200173000 32   Goat, liver                        0.150000   1.000      1.000
1304175000 13D  Grape                              0.896000   1.000      1.000
1304176000 13D  Grape, juice                       0.896000   1.000      1.000
1304176001 13D  Grape, juice-babyfood              0.896000   1.000      1.000
9500177000 O    Grape, leaves                      0.896000   1.000      1.000
9500178000 O    Grape, raisin                      0.896000   4.300      1.000
1304179000 13D  Grape, wine and sherry             0.896000   1.000      1.000
0603182000 6C   Guar, seed                         0.520000   1.000      1.000
0603182001 6C   Guar, seed-babyfood                0.520000   1.000      1.000
0901187000 9A   Honeydew melon                     0.158000   1.000      1.000
3300189000 33   Horse, meat                        0.150000   1.000      1.000
0101190000 1AB  Horseradish                        0.180000   1.000      1.000
0502194000 5B   Kale                              32.990000   1.000      1.000
0501196000 5A   Kohlrabi                           0.740000   1.000      1.000
0302198000 3B   Leek                               1.234000   1.000      1.000
0603203000 6C   Lentil, seed                       0.520000   1.000      1.000
0401204000 4A   Lettuce, head                     11.790000   1.000      1.000
0401205000 4A   Lettuce, leaf                     17.580000   1.000      1.000
3800221000 38   Meat, game                         0.150000   1.000      1.000
3600222000 36   Milk, fat                          0.030000   1.000      1.000
3600222001 36   Milk, fat-baby food/infant formu   0.030000   1.000      1.000
3600223000 36   Milk, nonfat solids                0.030000   1.000      1.000
3600223001 36   Milk, nonfat solids-baby food/in   0.030000   1.000      1.000
3600224000 36   Milk, water                        0.030000   1.000      1.000
3600224001 36   Milk, water-babyfood/infant form   0.030000   1.000      1.000
3600225001 36   Milk, sugar (lactose)-baby food/   0.030000   1.000      1.000
1500226000 15   Millet, grain                      0.594000   1.000      1.000
0502229000 5B   Mustard greens                    32.990000   1.000      1.000
1500231000 15   Oat, bran                          0.594000   1.000      1.000
1500232000 15   Oat, flour                         0.594000   1.000      1.000
1500232001 15   Oat, flour-babyfood                0.594000   1.000      1.000
1500233000 15   Oat, groats/rolled oats            0.594000   1.000      1.000
1500233001 15   Oat, groats/rolled oats-babyfood   0.594000   1.000      1.000
0802234000 8BC  Okra                               1.780000   1.000      1.000
0301237000 3A   Onion, bulb                        0.186000   1.000      1.000
0301237001 3A   Onion, bulb-babyfood               0.186000   1.000      1.000
0301238000 3A   Onion, bulb, dried                 0.186000   9.000      1.000
0301238001 3A   Onion, bulb, dried-babyfood        0.186000   9.000      1.000
0302239000 3B   Onion, green                       1.234000   1.000      1.000
0401248000 4A   Parsley, leaves                   32.550000   1.000      1.000
0101250000 1AB  Parsley, turnip rooted             0.180000   1.000      1.000
0101251000 1AB  Parsnip                            0.180000   1.000      1.000
0101251001 1AB  Parsnip-babyfood                   0.180000   1.000      1.000
0602255000 6B   Pea, succulent                     0.520000   1.000      1.000
0602255001 6B   Pea, succulent-babyfood            0.520000   1.000      1.000
0603256000 6C   Pea, dry                           0.520000   1.000      1.000
0603256001 6C   Pea, dry-babyfood                  0.520000   1.000      1.000
0601257000 6A   Pea, edible podded, succulent      0.520000   1.000      1.000
0603258000 6C   Pea, pigeon, seed                  0.520000   1.000      1.000
0602259000 6B   Pea, pigeon, succulent             0.520000   1.000      1.000
0802270000 8B   Pepper, bell                       0.260000   1.000      1.000
0802270001 8B   Pepper, bell-babyfood              0.260000   1.000      1.000
0802271000 8B   Pepper, bell, dried                0.260000   1.000      1.000
0802271001 8B   Pepper, bell, dried-babyfood       0.260000   1.000      1.000
0802272000 8BC  Pepper, nonbell                    1.780000   1.000      1.000
0802272001 8BC  Pepper, nonbell-babyfood           1.780000   1.000      1.000
0802273000 8BC  Pepper, nonbell, dried             1.780000   1.000      1.000
0103296000 1C   Potato, chips                      0.080000   1.000      1.000
0103297000 1C   Potato, dry (granules/ flakes)     0.104000   1.000      1.000
0103297001 1C   Potato, dry (granules/ flakes)-b   0.104000   1.000      1.000
0103298000 1C   Potato, flour                      0.104000   1.000      1.000
0103298001 1C   Potato, flour-babyfood             0.104000   1.000      1.000
0103299000 1C   Potato, tuber, w/peel              0.080000   1.000      1.000
0103299001 1C   Potato, tuber, w/peel-babyfood     0.080000   1.000      1.000
0103300000 1C   Potato, tuber, w/o peel            0.080000   1.000      1.000
0103300001 1C   Potato, tuber, w/o peel-babyfood   0.080000   1.000      1.000
0902308000 9B   Pumpkin                            0.158000   1.000      1.000
0902309000 9B   Pumpkin, seed                      0.158000   1.000      1.000
3900312000 39   Rabbit, meat                       0.150000   1.000      1.000
0401313000 4A   Radicchio                         11.790000   1.000      1.000
0101314000 1AB  Radish, roots                      0.180000   1.000      1.000
0101316000 1AB  Radish, Oriental, roots            0.180000   1.000      1.000
0502318000 5B   Rape greens                       32.990000   1.000      1.000
0402322000 4B   Rhubarb                           20.160000   1.000      1.000
0101327000 1AB  Rutabaga                           0.180000   1.000      1.000
1500328000 15   Rye, grain                         0.594000   1.000      1.000
1500329000 15   Rye, flour                         0.594000   1.000      1.000
0101331000 1AB  Salsify, roots                     0.180000   1.000      1.000
3500339000 35   Sheep, meat                        0.150000   1.000      1.000
3500339001 35   Sheep, meat-babyfood               0.150000   1.000      1.000
3500340000 35   Sheep, meat byproducts             0.150000   1.000      1.000
3500341000 35   Sheep, fat                         0.150000   1.000      1.000
3500341001 35   Sheep, fat-babyfood                0.150000   1.000      1.000
3500342000 35   Sheep, kidney                      0.150000   1.000      1.000
3500343000 35   Sheep, liver                       0.150000   1.000      1.000
1500344000 15   Sorghum, grain                     0.594000   1.000      1.000
1500345000 15   Sorghum, syrup                     0.594000   1.000      1.000
0600347000 6    Soybean, seed                      0.232000   1.000      1.000
0603348000 6C   Soybean, flour                     0.232000   1.000      1.000
0603348001 6C   Soybean, flour-babyfood            0.232000   1.000      1.000
0600349000 6    Soybean, soy milk                  0.232000   1.000      1.000
0600349001 6    Soybean, soy milk-babyfood or in   0.232000   1.000      1.000
0600350000 6    Soybean, oil                       0.232000   1.000      1.000
0600350001 6    Soybean, oil-babyfood              0.232000   1.000      1.000
0401355000 4A   Spinach                           32.550000   1.000      1.000
0401355001 4A   Spinach-babyfood                  32.550000   1.000      1.000
0902356000 9B   Squash, summer                     0.158000   1.000      1.000
0902356001 9B   Squash, summer-babyfood            0.158000   1.000      1.000
0902357000 9B   Squash, winter                     0.158000   1.000      1.000
0902357001 9B   Squash, winter-babyfood            0.158000   1.000      1.000
1307359000 13G  Strawberry                         0.252000   1.000      1.000
1307359001 13G  Strawberry-babyfood                0.252000   1.000      1.000
1307360000 13G  Strawberry, juice                  0.252000   1.000      1.000
1307360001 13G  Strawberry, juice-babyfood         0.252000   1.000      1.000
2002364000 20B  Sunflower, seed                    0.080000   1.000      1.000
2002365000 20B  Sunflower, oil                     0.080000   1.000      1.000
2002365001 20B  Sunflower, oil-babyfood            0.080000   1.000      1.000
0103366000 1CD  Sweet potato                       0.080000   1.000      1.000
0103366001 1CD  Sweet potato-babyfood              0.080000   1.000      1.000
0402367000 4B   Swiss chard                       20.160000   1.000      1.000
0103371000 1CD  Tanier, corm                       0.080000   1.000      1.000
0801374000 8A   Tomatillo                          0.860000   1.000      1.000
0801375000 8A   Tomato                             0.860000   1.000      1.000
0801375001 8A   Tomato-babyfood                    0.860000   1.000      1.000
0801376000 8A   Tomato, paste                      2.880000   1.000      1.000
0801376001 8A   Tomato, paste-babyfood             2.880000   1.000      1.000
0801377000 8A   Tomato, puree                      1.779000   1.000      1.000
0801377001 8A   Tomato, puree-babyfood             1.779000   1.000      1.000
0801378000 8A   Tomato, dried                      0.860000  14.300      1.000
0801378001 8A   Tomato, dried-babyfood             0.860000  14.300      1.000
0801379000 8A   Tomato, juice                      0.860000   1.500      1.000
1500381000 15   Triticale, flour                   0.594000   1.000      1.000
1500381001 15   Triticale, flour-babyfood          0.594000   1.000      1.000
0103387000 1CD  Turmeric                           0.080000   1.000      1.000
0101388000 1AB  Turnip, roots                      0.180000   1.000      1.000
0502389000 5B   Turnip, greens                    32.990000   1.000      1.000
8601000000 86A  Water, direct, all sources         0.207000   1.000      1.000
8602000000 86B  Water, indirect, all sources       0.207000   1.000      1.000
0901399000 9A   Watermelon                         0.158000   1.000      1.000
0901400000 9A   Watermelon, juice                  0.158000   1.000      1.000
1500401000 15   Wheat, grain                       0.594000   1.000      1.000
1500401001 15   Wheat, grain-babyfood              0.594000   1.000      1.000
1500402000 15   Wheat, flour                       0.594000   1.000      1.000
1500402001 15   Wheat, flour-babyfood              0.594000   1.000      1.000
1500403000 15   Wheat, germ                        0.594000   1.000      1.000
1500404000 15   Wheat, bran                        0.594000   1.000      1.000
0103406000 1CD  Yam, true                          0.080000   1.000      1.000
0103407000 1CD  Yam bean                           0.080000   1.000      1.000
0301338000 3A   Shallot, bulb                      0.186000   1.000      1.000


[Federal Register Volume 83, Number 69 (Tuesday, April 10, 2018)]
[Notices]
[Pages 15437-15439]
[FR Doc No: 2018-07244]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82993; File No. SR-NYSEArca-2018-19]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE
Arca Options Fee Schedule With Respect to the Options Regulatory Fee

April 4, 2018.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on March 23, 2018, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend the NYSE Arca Options Fee Schedule
(``Fee Schedule'') by modifying the description of the Options
Regulatory Fee (``ORF''). The proposed rule change is available on the
Exchange's website at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend the Fee Schedule to clarify the
description of the ORF.
    The Exchange charges an ORF in the amount of $0.0055 per contract
side. The proposed rule change does not change the amount of the ORF,
but instead modifies the rule text to clarify how the ORF is assessed
and collected. Currently, the Exchange describes the ORF as follows:

    The Options Regulatory Fee will be assessed on each OTP Holder
or OTP Firm for all options transactions executed or cleared by the
OTP Holder or OTP Firm that are cleared by The Options Clearing
Corporation (``OCC'') in the customer range regardless of the
exchange on which the transaction occurs. The fee is collected
indirectly from OTP Holders or OTP Firms through their clearing
firms by the OCC on behalf of NYSE Arca. Effective December 1, 2012,
an OTP Holder or OTP Firm shall not be assessed the fee until it has
satisfied applicable technological requirements necessary to
commence operations on NYSE Arca. The Exchange may only increase or
decrease the Options Regulatory Fee semi-annually, and any such fee
change will be effective on the first business day of February or
August. The Exchange will notify participants via a Trader Update of
any change in the amount of the fee at least 30 calendar days prior
to the effective date of the change.\4\
---------------------------------------------------------------------------

    \4\ See Fee Schedule, NYSE Arca GENERAL OPTIONS and TRADING
PERMIT (OTP) FEES, Regulatory Fees, Options Regulatory Fee,
available here, https://www.nyse.com/publicdocs/nyse/markets/arca-options/NYSE_Arca_Options_Fee_Schedule.pdf.

    The Exchange proposes to modify this description to more accurately
reflect how the ORF is imposed. Specifically, the ORF is assessed to
each OTP Holder or OTP Firm (referred to herein collectively as ``OTP
Holders'') for all options transactions cleared (but not necessarily
executed) by an OTP Holder through the OCC in the customer range
regardless of the exchange on which the transaction occurs. The ORF is
only assessed to OTP Holders that act as the clearing firm for the
transaction, regardless of whether the executing firm (if different
from the clearing firm) is an OTP Holder.\5\ Thus, the Exchange
proposes to delete the words ``executed or'' from the current
description of the ORF, and to make clear that the ORF is assessed ``to
each OTP Holder or OTP

Firm'' on transactions ``that are cleared by the OTP Holder or OTP Firm
through The Options Clearing Corporation (`OCC')'' and that the ORF is
``collected from OTP Holder and OTP Firm clearing firms by OCC on
behalf of NYSE Arca.'' \6\ The Exchange also proposes to clarify that
it ``uses reports from OCC when assessing and collecting the ORF.'' \7\
The Exchange believes these changes would clarify how the ORF is
assessed and collected. To illustrate how the ORF is assessed and
collected, the Exchange provides the following set of scenarios.
---------------------------------------------------------------------------

    \5\ The Exchange uses reports from OCC to determine the identity
of the clearing firm and compares that to the list of OTP Holders
for billing purposes.
    \6\ See proposed Fee Schedule, NYSE Arca GENERAL OPTIONS and
TRADING PERMIT (OTP) FEES, Regulatory Fees, ORF. In connection with
the proposed revisions, the Exchange proposes to remove as redundant
the word ``indirectly'' from the sentence explaining that the OCC
collects the ORF from the OTP Holder clearing firm. See id.
    \7\ See id. See supra note 5.
---------------------------------------------------------------------------

    Scenario 1:
    Executing (or Give-Up) Firm is not an OTP. The Executing Firm does
not ``give-up'' or ``CMTA'' the transaction to another clearing
firm.\8\
---------------------------------------------------------------------------

    \8\ A CMTA or Clearing Member Trade Assignment is an agreement
by which an investor may enter derivative trades with a limited
number of different brokers and later consolidate these trades with
one brokerage house for clearing.
---------------------------------------------------------------------------

    No ORF Fee is assessed.
    Scenario 2:
    Executing Firm is an OTP Holder. The Executing Firm ``give-ups'' or
``CMTAs'' the transaction to another clearing firm that is not an OTP
Holder.
    No ORF Fee is assessed.
    Scenario 3:
    The Executing (or Give-Up) Firm is an OTP Holder. The Executing
Firm does not ``give-up'' or ``CMTA'' the transaction to another
clearing firm.
    ORF Fee is assessed on the self-clearing Executing Firm.
    Scenario 4:
    The Executing (or Give-Up) Firm is an OTP Holder. The Executing
Firm ``give-ups'' or ``CMTAs'' the transaction to another clearing firm
that is also an OTP Holder.
    ORF Fee is assessed on the CMTA (clearing) firm.
    Scenario 5:
    The Executing (or Give-Up) Firm is not an OTP Holder. The Executing
Firm ``give-ups'' or ``CMTAs'' the transaction to another clearing firm
that is an OTP Holder.
    ORF Fee is assessed on the CMTA (clearing) firm.
* * * * *
    As illustrated above, the Exchange does not assess the ORF on non-
OTP Holders that self-clear transactions, even if the executing firm is
an OTP Holder; the Exchange likewise does not impose the ORF if both
the executing firm and the firm that clears the transaction on its
behalf are non-OTP Holders.\9\
---------------------------------------------------------------------------

    \9\ Although the Exchange believes that its broad regulatory
responsibilities would support applying the ORF to transactions that
are executed (even if not ultimately cleared) by an OTP Holder, the
Exchange only imposes the ORF on transactions ultimately cleared by
OTP Holders at this time. The Exchange's regulatory responsibilities
are the same regardless of whether an OTP Holder enters a
transaction or clears a transaction. The Exchange regularly reviews
all such activities, including monitoring surveillance for position
limit violations, manipulation, front-running, contrary exercise
advice violations and insider trading. These activities span across
multiple exchanges.
---------------------------------------------------------------------------

    The Exchange proposes to modify the Fee Schedule to make clear that
it does not assess the ORF on outbound linkage trades.\10\ ``Linkage
trades'' are tagged in the Exchange's system, so the Exchange can
distinguish them from other trades. A customer order routed to another
exchange results in two customer trades, one from the originating
exchange and one from the recipient exchange. Charging ORF on both
trades could result in double-billing of ORF for a single customer
order, thus the Exchange will not assess ORF on outbound linkage trades
in a linkage scenario.
---------------------------------------------------------------------------

    \10\ See proposed Fee Schedule, NYSE Arca GENERAL OPTIONS and
TRADING PERMIT (OTP) FEES, Regulatory Fees, ORF.
---------------------------------------------------------------------------

    To further streamline the Fee Schedule, the Exchange also proposes
to delete superfluous and obsolete references to long-past effective
dates. Specifically, the Exchange proposes to delete references to the
effective dates of December 1, 2012 and February 3, 2014, which would
add clarity and transparency to the Fee Schedule.\11\ In addition, the
Exchange proposes to define the Options Regulatory Fee as the ORF and
to utilize this shorthand reference in the description of this fee.\12\
---------------------------------------------------------------------------

    \11\ See id.
    \12\ See id.
---------------------------------------------------------------------------

    The Exchange notes that the ORF is designed to recover a material
portion of the costs to the Exchange of the supervision and regulation
of OTP Holder Customer transactions, including performing routine
surveillances and investigations, as well as policy, rulemaking,
interpretive, and enforcement activities. The Exchange monitors the
amount of revenue collected from the ORF to ensure that this revenue,
in combination with other regulatory fees and fines, does not exceed
regulatory costs. The Exchange may only increase or decrease the ORF
semi-annually, and any such fee change will be effective on the first
business day of February or August. If the Exchange determines that
regulatory revenues exceed regulatory costs, the Exchange will adjust
the ORF by submitting a fee filing and notifying OTP Holders via Trader
Update at least 30 days prior to the effective date. The Exchange
believes that revenue generated from the ORF, when combined with all of
the Exchange's other regulatory fees and fines, will cover a material
portion of the Exchange's regulatory costs.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6(b) \13\ of the Act, in general, and
Section 6(b)(4) and (5) \14\ of the Act, in particular, in that it is
designed to provide for the equitable allocation of reasonable dues,
fees, and other charges among its members and other persons using its
facilities and does not unfairly discriminate between customers,
issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes the proposed changes to the description of
ORF are reasonable, equitable and not unfairly discriminatory because
the changes add clarity and transparency to the Fee Schedule by more
accurately describing how the ORF is assessed and collected. The
proposed change does not alter the operation of the ORF, nor does it
alter the per contract rate of the ORF. The Exchange believes that
specifying that OCC files are used to determine the assessment and
collection of the ORF would add clarity and transparency to the Fee
Schedule.
    The Exchange believes it is reasonable, equitable and not unfairly
discriminatory to opt to not to assess and collect the ORF when neither
the executing firm nor the CMTA (clearing) firm is an OTP Holder
because such entities are not members of the Exchange. Although the
Exchange believes that its broad regulatory responsibilities would
support applying the ORF to transactions that are executed (even if not
ultimately cleared) by an OTP Holder, because its regulatory
responsibilities are the same regardless of whether an OTP Holder
executes a transaction or clears a transaction, at this time the
Exchange imposes the ORF solely on transactions ultimately cleared by
OTP Holders.
    The Exchange believes the ORF is equitable and not unfairly
discriminatory because it is assessed to all OTP Holders on all their
transactions that clear as customer at the OCC. The Exchange believes
it is appropriate to assess the ORF only to transactions that clear as
customer at the OCC because regulating OTP Holders' customer trading
activity is more labor intensive

and requires greater expenditure of human and technical resources than
regulating OTP Holders' non-customer trading activity. The Exchange
believes the ORF is designed to be fair by assessing fees to those OTP
Holders that require more Exchange regulatory services based on the
amount of customer options business they conduct.
    The Exchange believes it is reasonable, equitable and
nondiscriminatory to not impose the ORF on outbound linkage trades.
Linkage trades'' are tagged in the Exchange's system, so the Exchange
can distinguish them from other trades. A customer order routed to
another exchange results in two customer trades, one from the
originating exchange and one from the recipient exchange. Charging ORF
on both trades could result in double-billing of ORF for a single
customer order, thus the Exchange will not assess ORF on outbound
linkage trades in a linkage scenario.
    The Exchange believes that the proposal deleting outdated reference
to long-past effective dates and removing the word ``indirectly'' is
reasonable as it would streamline the Fee Schedule by removing
superfluous language thereby making the Fee Schedule easier for market
participants to navigate.
    The ORF is designed to recover a material portion of the costs to
the Exchange of the supervision and regulation of OTP Holder customer
options business, including performing routine surveillances and
investigations, as well as policy, rulemaking, interpretive, and
enforcement activities. The Exchange monitors the amount of revenue
collected from the ORF to ensure that this revenue, in combination with
other regulatory fees and fines, does not exceed regulatory costs. The
Exchange has designed the ORF to generate revenues that, when combined
with all of the Exchange's other regulatory fees, would be less than or
equal to the Exchange's regulatory costs, which is consistent with the
view of the Securities and Exchange Commission (``Commission'') that
regulatory fees be used for regulatory purposes and not to support the
Exchange's business side. In this regard, the Exchange believes that
the ORF is reasonable.

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 proposed rule change is
not intended to address any competitive issues but rather to provide
more clarity and transparency regarding how the Exchange assesses and
collects the ORF. The Exchange believes any burden on competition
imposed by the proposed rule change is outweighed by the need to help
the Exchange adequately fund its regulatory activities to ensure
compliance with the Exchange Act.

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \15\ of the Act and subparagraph (f)(2) of Rule
19b-4 \16\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 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) \17\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \17\ 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 protected]. Please include
File No. SR-NYSEArca-2018-19 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 No. SR-NYSEArca-2018-19. 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 No. SR-NYSEArca-2018-19, and should be submitted
on or before May 1, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-07244 Filed 4-9-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 235 (Wednesday, December 7, 2011)]
[Notices]
[Pages 76429-76430]
[FR Doc No: 2011-31333]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2011-1103]

Merchant Marine Personnel Advisory Committee; Vacancies

AGENCY: Coast Guard, DHS.

ACTION: Request for applications.

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

SUMMARY: The Coast Guard seeks applications for membership on the
Merchant Marine Personnel Advisory Committee (MERPAC). This Committee
advises the Secretary of the Department of Homeland Security on matters
related to personnel in the U.S. merchant marine, including but not
limited to training, qualifications, certification, documentation, and
fitness standards.

DATES: Applicants should submit a cover letter and resume in time to
reach the Alternate Designated Federal Officer (ADFO) on or before
February 6, 2012.

ADDRESSES: Applicants should send their cover letter and resume to the
following address: Commandant (CG-5221), Attn MERPAC, U.S. Coast Guard,
2100 2nd St. SW., Stop 7126, Washington DC 20593-7126; or by calling
(202) 372-1408; or by faxing<PHONE_NUMBER>; or by emailing to
<EMAIL_ADDRESS>This notice is available in our online
docket, USCG-2011-1103, at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Rogers W. Henderson, ADFO of MERPAC;
telephone<PHONE_NUMBER> or email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: MERPAC is a Federal advisory committee
established under the authority of section 871 of The Homeland Security
Act of 2002, Title 6, United States Code, section 451. This committee
is established in accordance with and operates under the provisions of
the Federal Advisory Committee Act (FACA) (Title 5, United States Code,
Appendix). MERPAC advises the Secretary of the Department of Homeland
Security on matters relating to personnel in the U.S. merchant marine,
including but not limited to training, qualifications, certification,
documentation, and fitness standards. The Committee will advise,
consult with, and make recommendations reflecting its independent
judgment to the Secretary.
    MERPAC is expected to meet approximately twice a year as called for
by its charter, once at or near Coast Guard Headquarters, Washington,
DC, and once elsewhere in the country. It may also meet for
extraordinary purposes. Its subcommittees and working groups may also
meet to consider specific tasks as required.
    We will consider applications for six positions that expire or
become vacant on June 1, 2012. To be eligible, you should have
experience in the following areas of expertise: One member for marine
educators representing the viewpoint of State Maritime Academies; one
member for marine educators

representing the viewpoint of the small vessel industry in maritime
training institutions other than state or Federal Maritime Academies;
one member for a licensed chief engineering officer authorized to serve
on vessels of any horsepower; two members for licensed deck officers;
and one member who will represent the general public.
    If you are selected as a member who represents the general public,
you will be appointed and serve as a Special Government Employee (SGE)
as defined in section 202(a) of title 18, United States Code. As a
candidate for appointment as a SGE, applicants are required to complete
a Confidential Financial Disclosure Report (OGE Form 450). A completed
OGE Form 450 is not releasable to the public except under an order
issued by a Federal court or as otherwise provided under the Privacy
Act (5 U.S.C. 552a). Only the Designated Agency Ethics Official (DAEO)
or his or her designee may release a Confidential Financial Disclosure
Report.
    Registered lobbyists are not eligible to serve on federal advisory
committees. Registered lobbyists are lobbyists required to comply with
provisions contained in the Lobbying Disclosure Act of 1995 (Pub. L.
104-65 as amended).
    Each MERPAC committee member serves a term of office of up to three
years. Members may be considered to serve consecutive terms. All
members serve without compensation from the Federal Government;
however, upon request, they do receive travel reimbursement and per
diem.
    In support of the Coast Guard policy on gender and ethnic
nondiscrimination, we encourage qualified men and women of all racial
and ethnic groups to apply. The Coast Guard values diversity; all the
different characteristics and attributes of persons that enhance the
mission of the Coast Guard.
    If you are interested in applying to become a member of the
Committee, send your cover letter and resume to Rogers W. Henderson,
ADFO of MERPAC at Commandant (CG-5221), Attn MERPAC, U.S. Coast Guard,
2100 2nd St SW Stop 7126, Washington DC 20593-7126. Send your cover
letter and resume in time for it to be received by the ADFO on or
before February 6, 2012.
    To visit our online docket, go to http://www.regulations.gov, enter
the docket number for this notice (USCG-2011-1103) in the Search box,
and click ``Go''. Please do not post your resume on this site.

    Dated: November 30, 2011.
F.J. Sturm,
Acting Director of Commercial Regulations and Standards, U.S. Coast
Guard.
[FR Doc. 2011-31333 Filed 12-6-11; 8:45 am]
BILLING CODE 9110-04-P