MEMORANDUM

DATE: 	May 30, 2014

TO:	Docket # EPA-HQ-OAR-2014-0410

FROM:	Jessica Gordon, Lisa Grogan-McCulloch, US EPA/Climate Change Division

SUBJECT:	Publication of Certain Aggregated Greenhouse Gas Data
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Background

On October 30, 2009, the EPA published the Greenhouse Gas (GHG) Reporting Rule, 40 CFR Part 98, requiring annual reporting of GHG data from a broad range of industry sectors. Under the Greenhouse Gas Reporting Rule and its subsequent amendments (hereinafter referred to as ``Part 98''), the EPA requires annual reporting of data from certain facilities and suppliers. Through a series of rulemaking actions, the EPA determined which categories of data elements qualify for protection as confidential business information (CBI) under EPA's regulations at 40 CFR Part 2, subpart B.

Many data elements determined to be CBI at the facility or supplier level may be published as aggregated values at the subpart level (e.g., industry total or weighted average) or corporate-level (for subparts OO, PP, and QQ) if the aggregation shields the underlying facility or supplier-level CBI. In the Federal Register notice, Greenhouse Gas Reporting Rule: Publication of Aggregated Greenhouse Gas Data, Docket ID EPA-HQ-OAR-2014-0410, the EPA outlined criteria for determining whether aggregated CBI data may be published without risk of disclosing the underlying CBI data. These criteria are summarized below.

Criteria for Aggregating Data at the National or Regional Level

   1a.	The data used to calculate the aggregated value must be reported by at least three separate facilities or suppliers that have no common ownership or operator;
   2a. No single owner or operator can contribute more than x percent to a particular aggregated value. (The EPA will not disclose the value of x);
   3a. No two owners or operators can contribute more than y percent of a particular aggregated value. (The EPA will not disclose the value of y); and
   4a. No underlying facility or supplier-level CBI can be back-calculated or otherwise determined using the aggregated value in combination with other publicly available data, including any facility-, supplier-, regional-, or national-level data published by the GHGRP or any other data likely to be available to owners or operators.
Criteria for Corporate-Level Supplier Data in Subparts OO, PP, and QQ

   1b. The aggregated value includes information from two or more products supplied by the reporter;
   2b. No single product can contribute more than z percent of the corporate-level total to a particular aggregated value. (The EPA will not disclose the value of z);
   3b. Publication of the data does not allow for values (from another owner) that do not themselves meet criteria 1b and 2b to be back-calculated from national- or regional-level data aggregations; and
   4b. If a company only reports data on a single product type, the products within that product type contain different GHGs, different amounts of that GHG per product, or both.

As we explained in the Federal Register notice, the EPA will publish only aggregated values that meet all of the final criteria in the appropriate set (national/regional aggregation or corporate-level aggregation) that the EPA adopts after considering comment on the Federal Register notice. We intend to hold confidential the values of x and y in criteria 2a and 3a and the value of z in criterion 2b to provide additional protection of the facility and supplier-level data.
Table 1 of this memorandum contains a list of data elements that the EPA is presently considering for aggregation. This table presents the subpart of the data to be evaluated for aggregation; the data element description; whether this applies to Continuous Emissions Monitoring Systems (CEMS), non-CEMS facilities, or the combination of the two ("CEMS & non-CEMS"); the rule citation; and the aggregation level (e.g., national, state).

The EPA will consider comments on the Federal Register notice and develop the final criteria for publication. The EPA will then evaluate certain Reporting Year 2013 data, particularly the data elements listed in Table 1, against the final criteria. For aggregated values that meet all of the applicable final criteria for publication, the EPA will then individually notify each affected reporter (in writing and in a manner providing confirmation of receipt, as specified under the EPA's CBI regulations at 40 CFR 2.204(e)(1)) about which data elements the EPA intends to aggregate and the intended level of aggregation. The EPA will then give the reporter at least ten days to file for judicial review, as required under 40 CFR 2.205(f)(2), before publicly releasing any aggregated values.

For aggregated values to be published in any future year, the final criteria must be met for the relevant data element(s) for that particular year.  As long as the aggregation criteria remain consistent, the EPA does not anticipate publishing additional Federal Register notices, but will continue to provide written notice to individual reporters in advance of publishing aggregated values, as described above.

Please see the Federal Register notice for a discussion of the comments we request on the data elements and aggregation levels in this table and for instructions on how to comment.

Table 1. List of Data Aggregations that the EPA May Evaluate Against the Final Aggregation Criteria.
                                    Subpart
Subpart Description
Data Element Description
CEMS/Non-CEMS
Rule Citation
Aggregation Level
                                      AA
Pulp & Paper Manufacturing
Unbleached virgin chemical pulp production
N/A
98.276(k)
National (Total)

Total annual steam purchases
N/A
98.276(j)
National (Total)
                                      CC
Soda Ash Manufacturing
Soda ash production
CEMS & non-CEMS
98.296(a)(2), 98.296(b)(3)
National (Total)
                                      EE
Titanium Dioxide Production
Titanium dioxide annual production
CEMS & non-CEMS
98.316(a)(3), 98.316(b)(4)
National (Total)

Annual Production of Carbon Containing Waste
CEMS & non-CEMS
98.316(a)(5), 98.316(b)(7)
National (Total)

Average Carbon Content of Carbon Containing Waste
non-CEMs only
98.316(b)(11)
National (Weighted average)

Annual Consumption of calcined petroleum coke
CEMS & non-CEMS
98.316(a)(2), 98.316(b)(3)
National (Total)

Sampling analysis results of carbon content of petroleum coke
non-CEMs only
98.316(b)(13)
National (Weighted average)
                                       G
Ammonia Manufacturing
Annual Urea Production
non-CEMs only
98.76(b)(12)
National (Total)
                                      GG
Zinc Production
Annual production quantity for each zinc product
CEMS & non-CEMS
98.336(a)(2), 98.336(b)(3)
National (Total)
                                       H
Cement Production
Annual Cement Production
CEMS & non-CEMS
98.86(a)(2), 98.86(b)(3)
National (Total)

Clinker production
CEMS & non-CEMS
98.86(a)(1), 98.86(b)(2)
National (Total)
                                       I
Electronics Manufacturing
Annual production in terms of substrate surface area (e.g., silicon, PV-cell, glass)
N/A
98.96 (e)
National for each subsector (semiconductor, LCD, PV, etc.) (Total). For semiconductors, also by wafer size, by device type (e.g., memory vs. logic, as indicated by the World Fab Forecast), by fab level of abatement (e.g. percentage groupings such as 0-50%, 50-75%, 75-90%, 90-100%), by Si vs. other substrates (as indicated by the World Fab Forecast) (Total).

Annual manufacturing capacity of each fab at the facility used to determine the annual manufacturing capacity of the facility in Equation I-5 of subpart I
N/A
98.96 (a)
National for each subsector (semiconductor, LCD, PV, etc.) (Total). For semiconductors, also by wafer size, by device type (e.g., memory vs. logic, as indicated by the World Fab Forecast), by fab level of abatement (e.g. percentage groupings such as 0-50%, 50-75%, 75-90%, 90-100%), by Si vs. other substrates (as indicated by the World Fab Forecast) (Total).
                                       K
Ferroalloy Production
Annual facility ferroalloy product production capacity
CEMS & non-CEMS
98.116(a)
National (Total)
                                      MM
Suppliers of Petroleum Products
Quantity of each Product in Table MM-1 entering refineries
N/A
98.396(a)(2)
National and by PADD (Total)

Quantity of each Product in Table MM-1 exiting refineries
N/A
98.396(a)(6)
National and by PADD (Total)

Quantity of each biomass product in Table MM-2 entering refineries to be co-processed with petroleum feedstocks
N/A
98.396(a)(14)
National and by PADD (Total)

For each product in Table MM-1, CO2 associated with that product exiting refineries MINUS Total CO2 associated with that product entering refineries
N/A
98.396(a)(16), 98.396(a)(17), 98.396(19)
National and by PADD (Total)

For each product in Table MM-2, CO2 associated with each biomass based feedstock entering refineries for co-processing with petroleum feedstocks
N/A
98.396(a)(18)
National and by PADD (Total)

Volume of crude oil received at refineries
N/A
98.396(a)(20)
National and by PADD (Total)

Volume of bulk NGLs received for processing at refineries
N/A
98.396(a)(21)
National and by PADD (Total)

Volume of crude injected into crude supplies/reservoirs by refineries
N/A
98.396(a)(22)
National and by PADD (Total)

Volume of each product listed in Table MM-1 imported
N/A
98.396(b)(2)
National (Total)

CO2 associated with each product in table MM-1 that is imported
N/A
98.396(b)(7)
National (Total)

Volume of each product listed in Table MM-1 exported
N/A
98.396(c)(2)
National (Total)

CO2 associated with each product in table MM-1 that is exported
N/A
98.396(c)(8)
National (Total)
                                       N
Glass Production
Glass Production
CEMS & non-CEMS
98.146(a)(2), 98.146(b)(3)
National (Total)

Annual Quantity of carbonate based-raw material charged to glass melting furnaces
CEMS only
98.146(a)(1)
National (Total and by carbonate raw material)

Annual Quantity of carbonate based-raw material charged to all glass furnaces combined
non-CEMS only
98.146(b)(2)
National (Total and by carbonate raw material)

Decimal fraction of calcination achieved for each carbonate-based raw material, if a value other than 1.0 is used to calculate process mass emissions of CO2

98.146(b)(6)
National (Average, by carbonate type)

Mass fraction of each sample analyzed for all tests used to verify the carbonate-based mineral mass fraction charged to a furnace
non-CEMS only
98.146(b)(5)(iii)
National (Average, by carbonate type)
                                    NN-FRAC
               Supplier of Natural Gas & Natural Gas Liquids
National CO2 value associated with NGL Supply (across all 5 NGLs)
N/A
98.406(a)(6)
National (Total)

National CO2 value associated with each of the 5 NGLs (ethane, propane, butane, isobutane, pentanes plus) supplied minus the amount received
N/A
98.406(a)(7)
National (Total)

National quantity of each of the 5 NGLs supplied
N/A
98.406(a)(1)
National (Total)

National quantity of each of the 5 NGLs received for processing
N/A
98.406(a)(2)
National (Total)

Volume of natural gas received for processing
N/A
98.406(a)(3)
National (Total)

Volume of bulk NGLs received for processing
N/A
98.406(a)(4)(i)
National (Total)

Volume of propane odorized and delivered to others
N/A
98.406(a)(5)
National (Total)

Quantity of bulk NGLs supplied
N/A
98.406(a)(1)
National (Total)
                                    NN-LDC
Supplier of Natural Gas & Natural Gas Liquids
Volume of natural gas received at city gate stations
N/A
98.406(b)(1)
National (Total)

Volume of vaporized LNG withdrawn from storage
N/A
98.406(b)(3)
National (Total)

Volume of natural gas received from local production
N/A
98.406(b)(5)
National (Total)

Volume of natural gas delivered to customer meters receiving above 460,000 Mscf per year
N/A
98.406(b)(7)
National (Total)
                                      OO
Suppliers of Industrial GHGs
Aggregated net CO2e supply to U.S. (production + imports - exports - transformation - destruction) of all gases
N/A
98.416(a)(1)-(13)
National and corporate level (Total)

Aggregated net supply to U.S. of a single gas
N/A
98.416(a)(1)-(13)
National (Total). Gases may be aggregated together if one or more gas fails to meet publication criteria.

Aggregated components of supply to U.S. (aggregated production, aggregated imports, aggregated exports, aggregated transformation, aggregated destruction) of all gases. Provided in tCO2e and/or tons chemical
N/A
98.416(a)(1)-(13)
National and corporate level (Total)

Aggregated net supply by gas group (e.g., fully fluorinated GHGs (including saturated PFCs, SF6, and NF3 as well as other fully fluorinated, very long-lived compounds such as PFPMIE); saturated HFCs (may divide these into more than one group based on lifetime); saturated HFEs (may divide these into more than one group based on lifetime or application); unsaturated PFCs; unsaturated HFCs; unsaturated HFEs; and other very short-lived compounds)
N/A
98.416(a)(1)-(13)
National and corporate level (Total). Gas groups may be aggregated together if one or more groups fails to meet publication criteria.
                                       P
Hydrogen Production
Hydrogen Production
CEMS & non-CEMS
98.166(a)(2), 98.166(b)(3)
National (Total)

Ammonia Production
CEMS & non-CEMS
98.166(a)(3), 98.166(b)(4)
National (Total)
                                      PP
Suppliers of CO2
CO2 Supplied by CO2 Capture Facilities
N/A
98.426(c)
National and by State (Total)

CO2 Imported
N/A
98.426(a)(1), 98.426(b)(1), 98.426(d)
National (Total)

CO2 transferred to the following applications: food and beverage, municipal water/wastewater, metal fabrication, plant growth, fumigants, pulp and paper mills, cleaning and solvent use, fire fighting, storage of explosives, enhanced oil and natural gas recovery, long-term storage, research and development, other uses
N/A
98.426(f)
National, by State, and by natural dome (Total)

CO2 Exported
N/A
98.426(a)(1),
98.426(b)(1),
98.426(d)
National (Total)
                                      QQ
Imports and Exports of equipment pre-charges with F-GHGs or containing F-GHGs in closed-cell foams
Aggregate net CO2e supply to U.S. (imports - exports)
N/A
98.436(a)(1), 98.436(a)(6)(i), 98.436(b)(1), 98.436(b)(6)(i)
National and corporate level (Total)

Aggregate net CO2e supply to U.S. in equipment
N/A
98.436(a)(1)
National and corporate level (Total)

Aggregate net CO2e supply to U.S. in foam
N/A
98.436(a)(1)
National and corporate level (Total)

Aggregate net CO2e supply by gas subgroups (e.g., fully fluorinated GHGs (including saturated PFCs, SF6, and NF3 as well as other fully fluorinated, very long-lived compounds such as PFPMIE); saturated HFCs (may divide these into more than one group based on lifetime or application); saturated HFEs (may divide these into more than one group based on lifetime or application); unsaturated PFCs; unsaturated HFCs; unsaturated HFEs; and other very short-lived compounds)
N/A
98.436(a)(2)-(4)
National and corporate level (Total)

Aggregate net CO2e supply by individual gases
N/A
98.436(a)(2)-(4)
National and corporate level (Total)

Aggregate net CO2e supply by individual equipment types
N/A
98.436(a)(2)
National and corporate level (Total)

Aggregated net number of units supplied of individual equipment types
N/A
98.436(a)(2)
National (Total)

Aggregate net CO2e supply by individual gas(es) and type(s) of equipment
N/A
98.436(a)(2)
National and corporate level (Total)
                                       R
Lead Production
Total Lead Production
CEMS & non-CEMS
98.186(a)(3), 98.186(b)(4)
National (Total)
                                       S
Lime Manufacturing
Lime product sold
CEMS only
98.196(a)(6)
National (Total)

Lime product not sold
CEMS only
98.196(a)(8)
National (Total)

Annual amount of CO2 captured for use in the on-site process
non-CEMs only
98.196(b)(17)(i)
National (Total)
                                       T
Magnesium Production
Magnesium produced or processed
N/A
98.206(c)
National and by industry segment (re-melt, die casting, smelting, refining) (Total)
                                      UU
Injection of CO2
Mass of CO2 received for injection
N/A
98.476(a)(1), 98.476(b)(4), 98.476(c)
National, by State, by AAPG Province (Total)
                                       V
Nitric Acid Production
Nitric Acid Production
N/A
98.226(e)
National (Total)

Type of Nitric Acid Process
N/A
98.226 (k)
National (Totals, production share by type)
                                       X
Petrochemical Production
Acrylonitrile produced
CEMS & non-CEMS
98.246(a)(5), 98.246(b)(8)
National (Total)

Carbon black produced
CEMS & non-CEMS
98.246(a)(5), 98.246(b)(8)
National (Total)

Ethylene produced
CEMS & non-CEMS, including optional combustion methodology from 98.243(d)
98.246(a)(5), 98.246(b)(8), 98.246(c)(5)
National (Total)

Ethylene dichloride produced
CEMS & non-CEMS
98.246(a)(5), 98.246(b)(8)
National (Total)

Ethylene oxide produced
CEMS & non-CEMS
98.246(a)(5), 98.246(b)(8)
National (Total)
                                       Y
Petroleum Refineries
Coke burn-off quantity per cycle or measurement period for catalytic cracking units, traditional fluid coking units and catalytic reforming units
N/A
98.256(f)(13)
National (Total)
                                       Z
Phosphoric Acid Production
Phosphoric Acid Production
N/A
98.266(a)
National (Total)

Phosphoric Acid Production by origin of phosphate rock
N/A
98.266(a)
National (Total)

Phosphoric Acid production capacity
N/A
98.266(b)
National (Total)

Annual arithmetic average percent inorganic carbon or carbon dioxide in phosphate rock
N/A
98.266(c)
National (Average)

Annual phosphate rock consumption from monthly measurement records by origin
N/A
98.266(d)
National (Total)


[Federal Register Volume 80, Number 36 (Tuesday, February 24, 2015)]
[Notices]
[Pages 9715-9716]
[FR Doc No: 2015-03643]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD15-4-000]

Technical Conference on Environmental Regulations and Electric
Reliability, Wholesale Electricity Markets, and Energy Infrastructure;
Supplemental Notice of Technical Conference

    As announced in the Notice of Technical Conferences issued on
December 9, 2014 \1\ and the Supplemental Notice of Technical
Conferences issued on January 6, 2015,\2\ the Federal Energy Regulatory
Commission (Commission) staff will hold an Eastern region \3\ technical
conference to discuss implications of compliance approaches to the
Clean Power Plan proposed rule, issued by the Environmental Protection
Agency (EPA) on June 2, 2014.\4\ The technical conference will focus on
issues related to electric reliability, wholesale electric markets and
operations, and energy infrastructure in the Eastern region. The
Commission will hold the Eastern region technical conference on March
11, 2015, from approximately 9:30 a.m. to 5:00 p.m. at the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC.
This conference is free of charge and open to the public. Commission
members may participate in the conference. The agenda for the Eastern
region technical conference is attached to this Supplemental Notice of
Technical Conference.
---------------------------------------------------------------------------

    \1\ Technical Conference on Environmental Regulations and
Electric Reliability, Wholesale Electricity Markets, and Energy
Infrastructure, Docket No. AD15-4-000, (Dec. 9, 2014) (Notice of
Technical Conferences), available at http://www.ferc.gov/CalendarFiles/20141209165657-AD15-4-000TC.pdf.
    \2\ Technical Conference on Environmental Regulations and
Electric Reliability, Wholesale Electricity Markets, and Energy
Infrastructure, Docket No. AD15-4-000, (Jan. 6, 2015) (Supplemental
Notice of Technical Conferences), available at http://www.ferc.gov/CalendarFiles/20150106170115-AD15-4-000TC1.pdf.
    \3\ For purposes of this conference, the Eastern region includes
the following Commission-approved Order No. 1000 planning regions:
ISO New England Inc. (ISO-NE), PJM Interconnection, LLC (PJM), New
York Independent System Operator (NYISO), Southeastern Regional
Transmission Planning (SERTP), South Carolina Regional Transmission
Planning (SCRTP), and Florida Reliability Coordinating Council
(FRCC). This region also includes the Northern Maine Independent
System Administrator (NMISA).
    \4\ Carbon Pollution Emission Guidelines for Existing Stationary
Sources: Electric Utility Generating Units, 79 FR 34,830 (2014)
(Proposed Rule), available at http://www.gpo.gov/fdsys/pkg/FR-2014-06-18/pdf/2014-13725.pdf.
---------------------------------------------------------------------------

    Those interested in speaking at the technical conference should
notify the Commission by February 18, 2015, by completing the online
form at the following Web page: https://www.ferc.gov/whats-new/registration/03-11-15-speaker-form.asp. At this Web page, please
provide an abstract (700 character limit) of the issue(s) you propose
to address. Due to time constraints, we expect to not be able to
accommodate all those interested in speaking. Selected speakers will be
notified as soon as possible.
    If you have not already done so, those who plan to attend the
technical conference are strongly encouraged to complete the
registration form located at: https://www.ferc.gov/whats-new/registration/03-11-15-eastern-form.asp. Those interested in attending
the Eastern region conference are encouraged to register by close of
business March 2, 2015.
    The Commission will post information on the technical conference on
the Calendar of Events on the Commission's Web site, http://www.ferc.gov, prior to the conference. The Eastern region technical
conference will also be transcribed. Transcripts of the technical
conference will be available for a fee from Ace-Federal Reporters, Inc.
((202) 347-3700 or<PHONE_NUMBER>). There will also be a free webcast
of the conference. The Webcast will allow persons to watch the Eastern
region technical conference, but not participate. Anyone with Internet
access who desires to watch the Eastern region conference can do so by
navigating to the Calendar of Events on the Commission's Web site,
http://www.ferc.gov, and locating the Eastern region technical
conference in the Calendar. The Eastern region technical conference
will contain a link to its webcast.\5\
---------------------------------------------------------------------------

    \5\ The Webcast will continue to be available on the Calendar of
Events on the Commission's Web site, http://www.ferc.gov, for three
months after the conference.
_____________________________________-

    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations, please
send an email to<EMAIL_ADDRESS>or call toll free (866) 208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a FAX to<PHONE_NUMBER>
with the required accommodations.
    For more information about the technical conferences, please
contact:

Logistical Information

    Sarah McKinley, Office of External Affairs, Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426,
(202) 502-8368<EMAIL_ADDRESS>

Legal Information

    Alan Rukin, Federal Energy Regulatory Commission, 888 First Street
NE., Washington, DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>
Technical Information

    Matthew Jentgen, Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
Technical Information

    Michael Gildea, Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
     Dated: February 13, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-03643 Filed 2-23-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Rules and Regulations]
[Pages 59499-59503]
[FR Doc No: 2016-20547]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2016-0034; FRL-9947-19]

Citrus tristeza Virus Expressing Spinach Defensin Proteins 2, 7,
and 8; Temporary Exemption From the Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes a temporary exemption from the
requirement of a tolerance for residues of the Citrus tristeza virus
expressing spinach defensin proteins 2, 7, and 8 alone or in various
combinations on citrus fruit (Citrus spp., Fortunella spp., Crop Group
10-10) when applied/used as a microbial pesticide in accordance with
the terms of Experimental Use Permit (EUP) No. 88232-EUP-2. Southern
Gardens Citrus submitted a petition to EPA under the Federal Food,
Drug, and Cosmetic Act (FFDCA), requesting the temporary tolerance
exemption. This regulation eliminates the need to establish a maximum
permissible level for residues of Citrus tristeza virus expressing
spinach defensin proteins 2, 7, and 8 alone or in various combinations.
The temporary tolerance exemption expires on August 31, 2020.

DATES: This regulation is effective August 30, 2016. Objections and
requests for hearings must be received on or before October 31, 2016,
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: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2016-0034, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Robert McNally, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; main telephone number:<PHONE_NUMBER>; email
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.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 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-2016-0034 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
October 31, 2016. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b).
    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 (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified

by docket ID number EPA-HQ-OPP-2016-0034, by one of the following
methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Background and Statutory Findings

    In the Federal Register of March 29, 2016 (81 FR 17422) (FRL-9943-
67), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance
petition (PP 5F8418) by Southern Gardens Citrus, 1820 County Road 833,
Clewiston, FL 33440. The petition requested that 40 CFR part 180 be
amended by establishing a temporary exemption from the requirement of a
tolerance for residues of Citrus tristeza virus expressing spinach
defensin proteins 2, 7, and 8 alone or in various combinations. That
document referenced a summary of the petition prepared by the
petitioner Southern Gardens Citrus, which is available in the docket,
http://www.regulations.gov. There were no comments received in response
to the notice of filing; however, several comments were received in
response to the notice of issuance for the associated Experimental Use
Permit No. 88232-EUP-2 that related to food safety and are found in
Docket ID No. EPA-HQ-OPP-2016-0035. EPA's response to these comments is
contained in Unit VII.B.
    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(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. Pursuant to FFDCA section 408(c)(2)(B), in
establishing or maintaining in effect an exemption from the requirement
of a tolerance, EPA must take into account the factors set forth in
FFDCA section 408(b)(2)(C), which require 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. . .
.'' Additionally, FFDCA section 408(b)(2)(D) requires that 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.''
    EPA performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. First, EPA determines the
toxicity of pesticides. Second, EPA examines exposure to the pesticide
through food, drinking water, and through other exposures that occur as
a result of pesticide use in residential settings.

III. Toxicological Profile

    Consistent with FFDCA section 408(b)(2)(D), EPA has reviewed the
available scientific data and other relevant information in support of
this action and considered its validity, completeness and reliability,
and the relationship of this information 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.
    The pesticide chemical is Citrus tristeza virus that has been
genetically altered to express spinach defensin proteins 2 (SoD2), 7
(SoD7), and 8 (SoD8) to combat Citrus Greening disease. Although EPA
did not receive data on the altered virus itself, EPA has sufficient
data to evaluate each component of the pesticide individually--i.e.,
the Citrus tristeza virus and the spinach defensin proteins 2, 7, and
8. Assessing overall risk based on the virus and spinach defensin
proteins' individual risks is reasonable because the antimicrobial
spinach defensin proteins are unlikely to change the host range of the
plant virus and the plant virus is unlikely to affect the toxicity or
allergenicity profile of the antimicrobial spinach defensin proteins.
    The U.S. human population has been exposed to the Citrus tristeza
(C. tristeza) virus in citrus products for at least two decades since
its discovery as being widespread in the Florida citrus industry in the
mid-1990s. No adverse effects from this exposure in people have been
reported. This lack of adverse effects is consistent with the fact that
C. tristeza is a plant virus, which do not cause disease in humans;
human intestines commonly harbor plant viruses without any adverse
effect. (Ref 1).
    Spinach defensin proteins are naturally found in every spinach
plant, and oral exposure to the spinach plant provides exposure to
these proteins. There is a long history of mammalian consumption of the
entire spinach plant (both raw and cooked)--including necessarily--
these defensin proteins, as food, without causing any known deleterious
human health effects or any evidence of toxicity. Spinach plant leaves
have long been part of the human diet, and there have been no findings
that indicate toxicity or allergenicity of spinach proteins.
    Bioinformatic sequence comparisons to assess the toxicity potential
of spinach defensin proteins 2 (SoD2), 7 (SoD7), and 8 (SoD8) yielded
no potential significant toxicity matches. Furthermore, literature
searches did not produce any papers that showed any mammalian toxicity
associated with spinach or spinach defensins. Available data
demonstrate that SoD2, SoD7, and SoD8 proteins have very low oral
toxicity. In an acute oral toxicity study conducted with a single dose
of 5,000 milligram/kilogram (mg/kg) of microbial-produced SoD2 protein,
no evidence of toxic or adverse effects was observed. Since SoD
proteins are consumed in spinach without adverse effect and SoD2, SoD7,
and SoD8 are similar both functionally in spinach and in regards to
their amino acid sequence, the results of the acute oral toxicity study
are applicable to all three proteins.
    Because SoD2, SoD7, and SoD8 are proteins, EPA also evaluated their
potential for allergenicity. A literature search was performed to
identify any published studies that might implicate these spinach
proteins as allergens. No scientific references were found to suggest
possible allergenicity associated with spinach or these spinach
proteins. Finding no indication that these proteins are derived from a
known allergenic source, EPA also considered the proteins'
bioinformatics and resistance to digestibility.
    Searching both the AllergenOnline.org database and the National
Center for Biotechnology Information (NCBI) Protein database for
sequence

similarities to known allergens, no significant sequence matches to
SoD2, SoD7, and SoD8 were found using a sliding window of 80 amino
acids.
    In an in vitro study, microbial produced SoD2 and SoD7 proteins
were rapidly and extensively hydrolyzed in simulated gastric and
intestinal conditions in the presence of pepsin (at pH 1.2) and
pancreatin, respectively. Both microbial-produced SoD2 and SoD7
proteins demonstrated half-lives of approximately five minutes when
subjected to pepsin digest, and both proteins were completely
proteolyzed to amino acids and small peptide fragments in less than one
minute in the presence of 0.15 milligram/liter (mg/ml) pancreatin.
These results indicate that both the SoD2 and SoD7 proteins are highly
susceptible to degradation in conditions similar to the human digestive
tract.
    An evaluation of the similarities of SoD8 compared to SoD2 and SoD7
proteins to estimate SoD8 protein digestibility indicates that SoD8
should be digested very similarly to SoD2 and SoD7. The sequences are
homologous, but SoD8 is longer on both the beginning and the end of the
sequence. The proteins were found to be nearly identical in major
overlapping sequences, while SoD8 has one more pepsin cleavage site
compared to SoD2 and SoD7 which indicates that it will be even more
susceptible to digestion.
    Based on the source, bioinformatics, and digestibility of these
proteins, EPA concludes that these spinach defensin proteins will not
pose any allergenicity concerns. In sum, EPA concludes that due to the
lack of toxicity and pathogenicity concerns for C. tristeza and any
toxicity or allergenicity concerns for the spinach defensin proteins 2,
7, and 8, the altered C. tristeza virus expressing those spinach
defensin proteins does not pose any toxicity, pathogenicity, or
allergenicity concerns. Therefore, EPA did not identify any points of
departure for regulating exposure, and a qualitative assessment was
conducted. For further information about EPA's assessment of the Citrus
tristeza virus that has been genetically altered to express spinach
defensin proteins 2 (SoD2), 7 (SoD7), and 8 (SoD8), see the C. tristeza
SoD2, SoD7, and SoD8 Human Health Review March 2016 found in Docket ID
No. EPA-HQ-OPP-2016-0035.

IV. Aggregate Exposures

    In examining aggregate exposure, FFDCA section 408 directs EPA to
consider available information concerning exposures from the pesticide
residue in food and all other non-occupational exposures, including
drinking water from ground water or surface water and exposure through
pesticide use in gardens, lawns, or buildings (residential and other
indoor uses).
    The Agency has considered available information on the aggregate
exposure levels of consumers (and major identifiable subgroups of
consumers) to the pesticide chemical residue and to other related
substances. These considerations include dietary exposure under the
tolerance exemption and all other tolerances or exemptions in effect
for residue from genetically engineered C. tristeza expressing spinach
defensins SoD2, SoD7, and SoD8, and exposure from non-occupational
sources.
    The Agency anticipates that there may be dietary exposure to Citrus
tristeza virus expressing spinach defensin proteins 2, 7, and 8 (either
alone or in combinations with each other) from the consumption of
citrus products treated with this pesticide. Significant dietary
exposure to spinach defensin proteins 2, 7, and 8 (either alone or in
combinations with each other) from use of this pesticide is not
expected due to the very low expression of the defensin proteins from
the C. tristeza vector. Dietary exposure to spinach defensins from
consumption of treated citrus products containing them will be far
below the amount consumed from raw and cooked spinach. Recent U.S.
consumption statistics indicate that, on average, 2 lbs. of spinach are
consumed per person per year in the United States. ``Spinach Profile,''
Agricultural Marketing Resource Center (June 2013). (http://www.agmrc.org/commodities_products/vegetables/spinach-profile/). EPA
has also approved another experimental use permit (88232-EUP-1)
involving use of defensin proteins SoD2 and SoD7, to which people may
be exposed. 75 kg of SoD proteins were authorized for treatment of 720
acres in Florida and Texas. May 6, 2015 (80 FR 25943) (FRL-9926-99) and
August 28, 2015 (80 FR 52270) (FRL-9931-26). In terms of non-pesticidal
dietary exposure, the U.S. population will continue to be exposed to C.
tristeza virus through infected citrus plants and will continue to be
exposed to these spinach defensin proteins through consumption of
spinach plants.
    Residues in drinking water from use of this pesticide will be
extremely low or non-existent since the pesticide will be present only
in the vascular tissue of citrus trees and is applied under the bark,
and it is highly unlikely that any environmental exposure will occur.
    The Agency does not expect there to be any non-occupational
exposure to this pesticide chemical residue. Exposure via the skin or
inhalation is not likely since the viral vector will be phloem limited
in citrus trees, and very little phloem is present in citrus fruit,
which essentially eliminates these exposure routes or reduces these
exposure routes to negligible.

V. 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 EPA consider
``available information'' concerning the cumulative effects of a
particular pesticide's residues and ``other substances that have a
common mechanism of toxicity.''
    Citrus tristeza virus expressing spinach defensin proteins 2, 7,
and 8 (either alone or in combinations with each other) is not toxic
and does not have a common mechanism of toxicity with other substances.
Consequently, section 408(b)(2)(D)(v) does not apply.

VI. Determination of Safety for U.S. Population, Infants and Children

A. Children's Safety Factor

    FFDCA section 408(b)(2)(C) provides that, in considering the
establishment of a tolerance or tolerance exemption for a pesticide
chemical residue, EPA shall assess the available information about
consumption patterns among infants and children, special susceptibility
of infants and children to pesticide chemical residues, and the
cumulative effects on infants and children of the residues and other
substances with a common mechanism of toxicity. In addition, FFDCA
section 408(b)(2)(C) provides that EPA shall apply an additional
tenfold (10X) margin of exposure (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 that a different margin of exposure (safety) will
be safe for infants and children. This additional margin of exposure
(safety) is commonly referred to as the Food Quality Protection Act
Safety Factor (FQPA 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. Based on the
information discussed in Unit III., EPA concludes that there are no
threshold effects of concern to infants, children, or adults from
exposure to the spinach defensin proteins 2, 7, and 8. As a result, EPA
concludes that no additional margin of exposure (safety) is

necessary to protect infants and children and that not adding any
additional margin of exposure (safety) will be safe for infants and
children.

B. Determination of Safety

    EPA concludes that there is a reasonable certainty that no harm
will result to the U.S. population, including infants and children,
from aggregate exposure to the residues of C. tristeza virus expressing
spinach defensin proteins 2, 7, and 8. Such exposure includes all
anticipated dietary exposures and all other exposures for which there
is reliable information. The Agency has arrived at this conclusion
based on a lack of toxicity and allergenicity of the C. tristeza virus
expressing spinach defensin proteins 2, 7, and 8.

VII. Other Considerations

A. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since
the Agency is establishing an exemption from the requirement of a
tolerance without any numerical limitation based on the lack of any
toxicity or allergenicity of the C. tristeza virus expressing spinach
defensin proteins 2, 7, and 8.

B. Response to Comments

    Five non-governmental organizations opposed the issuance of the
temporary exemption from the requirement for a tolerance in order to
prevent the issuance of the related experimental use permit (EUP).
Their objections on the EUP focused on concerns about the potential for
environmental impacts as a result of the pesticide spreading beyond the
field trial boundaries of the EUP. They did not raise any concern about
the human health or safety of the pesticide itself. Without more, the
commenters have not provided a basis on which the Agency should
reconsider issuing this temporary tolerance exemption. The FFDCA
requires EPA to make a safety finding about the pesticide; the
statutory scope of that review is focused on human health, not
environmental, impacts.

VIII. Conclusion

    Therefore, a temporary exemption is established for residues of
Citrus tristeza virus expressing spinach defensin proteins 2, 7, and 8
alone or in various combinations on commodities in the fruit, citrus,
group 10-10, when used in accordance with the Experimental Use Permit
No. 88232-EUP-2. Because Experimental Use Permit No. 88232-EUP-2 will
expire on August 31, 2019, EPA is similarly limiting the term of this
exemption; this temporary exemption from the requirement of a tolerance
will expire on August 31, 2020.

IX. Reference

    1. U.S. Environmental Protection Agency. Meeting Minutes of the
FIFRA Scientific Advisory Panel Meeting Held December 6-8, 2005 on
Plant-Incorporated Protectants Based on Virus Coat Protein Genes:
Science Issues Associated with the Proposed Rule, http://www.regulations.gov. Docket No. EPA-HQ-OPP-2005-0249-12.

X. Statutory and Executive Order Reviews

    This action establishes an exemption from the requirement of a
tolerance under FFDCA section 408(d) 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 action has been exempted from review
under Executive Order 12866, this action 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 action 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 FFDCA section 408(d), such as the exemption 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 action 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 FFDCA section 408(n)(4). 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 action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    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 (NTTAA) (15 U.S.C. 272 note).

XI. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
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
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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

    Dated: August 10, 2016.
Robert McNally,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.

    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. Add Sec.  180.1337 to subpart D to read as follows:

Sec.  180.1337  Citrus tristeza virus expressing spinach defensin
proteins 2, 7, and 8; exemption from the requirement of a tolerance.

    A temporary exemption from the requirement of a tolerance is
established for residues of the microbial pesticide Citrus tristeza
virus expressing spinach defensin proteins 2, 7, and 8 (either alone or
in combinations with each

other) in or on the commodities listed in fruit, citrus group 10-10,
when used in accordance with the terms of Experimental Use Permit No.
88232-EUP-2. This temporary exemption from the requirement of a
tolerance expires on August 31, 2020.

[FR Doc. 2016-20547 Filed 8-29-16; 8:45 am]
BILLING CODE 6560-50-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

		  WASHINGTON, D.C. 20460

OFFICE OF

PREVENTION, PESTICIDES

AND TOXIC SUBSTANCES

CERTIFIED MAIL

Return Receipt Requested

Jacqueline Romano

Regulatory Affairs Manager

The Fountainhead Group, Inc.

23 Garden Street

New York Mills, NY 13417

Subject:	Suspension of Registration of Pesticide Product(s) Containing
Resmethrin for Failure (EPA Reg. Number 53853-1) to comply with the
Resmethrin Section 4 Phase 5 Reregistration Eligibility Document Data
Call-In Notice dated

	June 14, 2006.

Dear Sir/Madam:

This letter gives you notice that the pesticide product registration(s)
listed in Attachment I will be suspended 30 days from your receipt of
this letter unless you take steps within that time to prevent this
Notice from automatically becoming a final and effective order of
suspension.  The Agency's authority for suspending the registrations of
your products is section 3(c)(2)(B) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA).  Upon becoming a final and
effective order of suspension, any violation of the order will be an
unlawful act under section 12(a)(2)(J) of FIFRA.

You are receiving this Notice of Intent to Suspend because you have
failed to comply with the terms of the Phase 5 Reregistration
Eligibility Decision Document Data Call-In Notice imposed pursuant to
section 4(g)(2)(B) and section 3(c)(2)(B) of FIFRA.  The specific basis
for issuance of this Notice is stated in the Explanatory Appendix
(Attachment III) to this Notice.  The affected product(s) and the
requirement(s) which you failed to satisfy are listed and described in
the following three attachments:

Attachment I	Suspension Report - Product List

Attachment II	Suspension Report - Requirement List

Attachment III	Suspension Report - Explanatory Appendix

The suspension of the registration of each product listed in Attachment
I will become final unless at least one of the following actions is
completed.

1. 	You may avoid suspension under this Notice if you or another person
adversely affected 	by this Notice properly request a hearing within 30
days of your receipt of this Notice.  If 	you request a hearing, it will
be conducted in accordance with the requirements of section 	6(d) of
FIFRA and the Agency's Procedural Regulations in 40 CFR Part 164.

	Section 3(c)(2)(B), however, provides that the only allowable issues
which may be 	addressed at the hearing are whether you have failed to
take the actions which are the 	bases of this Notice and whether the
Agency's decision regarding the disposition of 	existing stocks is
consistent with FIFRA.  Therefore, no substantive allegation or legal

	argument concerning other issues, including but not limited to the
Agency's original 	decision to require the submission of data or other
information, the need for or utility of 	any of the required data or
other information or deadlines imposed, any allegations of 	errors or
unfairness in any proceedings before an arbitrator, and the risks and
benefits 	associated with continued registration of the affected
product, may be considered in the

	proceeding.  The Administrative Law Judge shall by order dismiss any
objections which 	have no bearing on the allowable issues which may be
considered in the proceeding.

Section 3(c)(2)(B)(iv) of FIFRA provides that any hearing must be held
and a determination issued within 75 days after receipt of a hearing
request.  This 75-day period 	may not be extended unless all parties in
the proceeding stipulate to such an extension.  If a hearing is properly
requested, the Agency will issue a final order at the conclusion of the
hearing governing the suspension of your product(s).

	A request for a hearing pursuant to this Notice must 1) include
specific objections which 	pertain to the allowable issues which may be
heard at the hearing, 2) identify the 	registrations for which a hearing
is requested, and 3) set forth all necessary supporting 	facts
pertaining to any of the objections which you have identified in your
request for a 	hearing.  If a hearing is requested by any person other
than the registrant, that person

	must also state specifically why he asserts that he would be adversely
affected by the 	suspension action described in this Notice.  Three
copies of the request must be submitted 	to:

	Hearing Clerk, 1900

	U.S. Environmental Protection Agency

	1200 Pennsylvania Avenue, NW

	Washington, DC 20460

	An additional copy should be sent to the signatory listed below.  The
request must be

	received by the Hearing Clerk by the 30th day from your receipt of this
Notice in

	order to be legally effective.  The 30-day time limit is established by
FIFRA and cannot

	be extended for any reason.  Failure to meet the 30-day time limit will
result in automatic 	suspension of your registration(s) by operation of
law and, under such circumstances, the 	suspension of the registration
for your affected product(s) will be final and effective at 	the close
of business 30 days after your receipt of this Notice and will not be
subject to 	further administrative review.

	The Agency's Rules of Practice at 40 CFR 164.7 forbid anyone who may
take part in 	deciding this case, at any stage of the proceeding, from
discussing the merits of the 	proceeding ex parte with any party or with
any person who has been connected with the 	preparation or presentation
of the proceeding as an advocate or in any investigative or 	expert
capacity, or with any of their representatives.  Accordingly, the
following EPA 	offices, and the staffs thereof, are designated as
judicial staff to perform the judicial 	function of EPA in any
administrative hearings on this Notice of Intent to Suspend: the 	Office
of the Administrative Law Judges, the Office of the Environmental
Appeals 	Board, the Administrator, the Deputy Administrator, and the
members of the staff in the 	immediate offices of the Administrator and
Deputy Administrator.  None of the persons 	designated as the judicial
staff shall have any ex parte communication with trial staff or 	any
other interested person not employed by EPA on the merits of any of the
issues 	involved in this proceeding, without fully complying with the
applicable regulations.

2. 	You may also avoid suspension if, within 30 days of your receipt of
this Notice, the 	Agency determines that you have taken appropriate
steps to comply with the section 	3(c)(2)(B) Data Call-In Notice.  In
order to avoid suspension under this option, you must 	satisfactorily
comply with Attachment II, Requirement List, for each product by
submitting all required supporting data/information described in
Attachment II and in the

 	Explanatory Appendix (Attachment III) to the following address
(preferably by certified

	mail):

      	Office of Pesticide Programs

Pesticide Re-evaluation Division (PRD) (7508P)

U.S. Environmental Protection Agency

1200 Pennsylvania Avenue, NW

Washington, DC 20460

	For you to avoid automatic suspension under this Notice, the Agency
must also

	determine within the applicable 30-day period that you have satisfied
the requirements 	that are the bases of this Notice and so notify you in
writing.  You should submit the 	necessary data/information as quickly
as possible for there to be any chance the 	Agency will be able to make
the necessary determination in time to avoid suspension of 	your
product(s).

	The suspension of the registration(s) of your company's product(s)
pursuant to this Notice 	will be rescinded when the Agency determines
you have complied fully with the 	requirements which were the bases of
this Notice.  Such compliance may only be 	achieved by submission of the
data/information described in the attachments to the 	signatory below.

	Your product will remain suspended, however, until the Agency
determines you are in 	compliance with the requirements which are the
bases of this Notice and so informs you 	in writing.

	After the suspension becomes final and effective, the registrant
subject to this Notice, 	including all supplemental registrants of
product(s) listed in Attachment I, may not 	legally 	distribute, sell,
use, offer for sale, hold for sale, ship, deliver for shipment, or
receive and (having so received) deliver or offer to deliver, to any
person, the product(s) 	listed in Attachment I.

	Persons other than the registrant subject to this Notice, as defined in
the preceding 	sentence, may continue to distribute, sell, use, offer
for sale, hold for sale, ship, deliver 	for shipment, or receive and
(having so received) deliver or offer to deliver, to any 	person, the
product(s) listed in Attachment I.

	Nothing in this Notice authorizes any person to distribute, sell, use,
offer for sale, hold 	for sale, ship, deliver for shipment, or receive
and (having so received) deliver or offer to 	deliver, to any person,
the product(s) listed in Attachment I in any manner which would 	have
been unlawful prior to the suspension.

	If the registration(s) for your product(s) listed in Attachment I are
currently suspended as 	a result of failure to comply with another
section 3(c)(2)(B) Data Call-In Notice or 	Section 4 Data Requirements
Notice, this Notice, when it becomes a final and effective 	order of
suspension, will be in addition to any existing suspension, i.e., all
requirements 	which are the bases of the suspension must be satisfied
before the registration will be 	reinstated.

You are reminded that it is your responsibility as the basic registrant
to notify all supplementary registered distributors of your basic
registered product that this suspension action also applies to their
supplementary registered products and that you may be held liable for
violations committed by your distributors.

If you have any questions about the requirements and procedures set
forth in this suspension

Notice or in the subject section 3(c)(2)(B) Data Call-In Notice, please
contact Patricia Moe at

(703) 305-0744.

		Sincerely yours,

		Richard P. Keigwin, Jr., Director

					   		Pesticide Re-evaluation Division

Attachments:

Attachment I   - Product List

Attachment II  - Requirement List

Attachment III - Explanatory Appendix

 PAGE

 PAGE

 PAGE   1


[Federal Register: November 3, 2008 (Volume 73, Number 213)]
[Notices]
[Page 65430-65432]
[DOCID:fr03no08-103]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58870; File No. SR-CBOE-2008-110]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Related to Short Term Option Series

October 28, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 27, 2008, the Chicago Board Options Exchange,
Incorporated (``Exchange'' or ``CBOE'') filed with the Securities and
Exchange Commission (the ``Commission'') the proposed rule change as
described in Items I and II below, which Items have been prepared by
the Exchange. The Exchange filed the proposal as a ``non-
controversial'' proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its Short Term Option Series pilot
program (``Pilot Program'') to increase the number of series that may
be listed for a class selected to participate in the Pilot Program from
seven series to twenty series. The text of the proposed rule change is
available on the Exchange's Web site (http://www.cboe.org/Legal), at
the Exchange's Office of the Secretary and at the Commission.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    On July 12, 2005, the Commission approved the Pilot Program.\5\ The
Pilot Program allows CBOE to list and trade Short Term Option Series,
which would expire one week after the date on which a series is opened.
Under the Pilot Program, CBOE can select up to five approved option
classes on which Short Term Option Series could be opened.
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    \5\ See Securities Exchange Act Release No. 52011 (July 12,
2005), 70 FR 41451 (July 19, 2005) (SR-CBOE-2004-63) (``Pilot
Program Approval Order''). The Pilot Program has since been extended
and is currently scheduled to expire on July 12, 2009. See
Securities Exchange Act Release No. 53984 (June 14, 2006), 71 FR
35718 (June 21, 2006) (SR-CBOE-2006-48) (immediately effective rule
change extending the Pilot Program, which would have otherwise
expired on July 12, 2006, through July 12, 2007), 56050 (July 11,
2007), 72 FR 39472 (July 18, 2007) (SR-CBOE-2007-76) (immediately
effective rule change extending the Pilot Program through July 12,
2008); and 58094 (July 3, 2008), 73 FR 40000 (July 11, 2008) (SR-
CBOE-2008-70) (immediately effective rule change extending the Pilot
Program through July 12, 2009); see also Securities Exchange Act
Release No. 54338 (August 21, 2006), 71 FR 50952 (August 28, 2006)
(SR-CBOE-2006-49) (order approving an amendment to the Pilot Program
that increased the number of series that may be listed for a class
selected to participate in the Pilot Program from five series to
seven series).

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    If selected for the Pilot Program, the Exchange may open up to
seven Short Term Option Series for each expiration date in that class.
The strike price of each Short Term Option Series are fixed at a price
per share, with approximately the same number of strike prices above
and below the value of the underlying security or calculated index
value at about the time that the Short Term Option Series is opened.\6\
If the Exchange opens less than seven Short Term Option Series for a
given expiration date, additional series may be opened for trading on
the Exchange when the Exchange deems it necessary to maintain an
orderly market, to meet customer demand or when the current value of
the underlying security or index moves substantially from the exercise
price or prices of the series already opened. In any event, the total
number of series for a given expiration date will not exceed seven
series.
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    \6\ For example, if seven series are initially opened, there
will be at least three strike prices above and three strike prices
below the value of the underlying security or calculated index
value.
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    The Exchange has selected the following four options classes to
participate in the Pilot Program: S&P 500 Index options (SPX), S&P 100
Index American-style options (OEX), Mini-S&P 500 Index options (XSP),
and S&P 100 Index European-style options (XEO). CBOE believes the Pilot
Program has been successful and well received by its members and the
investing public.
    CBOE is now proposing to modify the terms of the Pilot Program to
provide that up to twenty (as opposed to seven) Short Term Option
Series may be opened for each expiration date. The Exchange believes
this increase in the number of series would provide investors with
greater flexibility in the trading of Short Term Option Series by
allowing investors to establish options positions that are better
tailored to meet their investment objectives. CBOE also believes that
allowing for the increased number of series would allow us to better
maintain an orderly market, meet customer demand and respond in
scenarios when the market price of the underlying moves substantially
from the exercise price or prices of the series already opened, which
has been our experience recently with the recent volatility in the
market. Indeed, member firms representing customers have repeatedly
requested that CBOE seek to increase the number of available series.
    Consistent with the existing Pilot Program provisions: (i)
Approximately the same number of strike prices would be opened above
and below the value of the underlying security or calculated index
value at about the time the Short Term Option Series are initially
opened for trading; (ii) if the Exchange has opened less than twenty
Short Term Option Series for a given expiration date, additional series
may be opened for trading on the Exchange when the Exchange deems it
necessary to maintain an orderly market, to meet customer demand or
when the current value of the underlying security or index moves
substantially from the exercise price or prices of the series already
opened; and (iii) in any event, the total number of series for a given
expiration date will not exceed twenty series.
    The Exchange is also changing the Pilot Program rules to include a
condition that any strike prices initially listed by the Exchange shall
be within thirty percent (30%) above or below the closing price of the
underlying security on the preceding day or the current value of the
underlying index, as applicable. Any additional strike prices listed by
the Exchange shall be within thirty percent (30%) above or below the
current price of the underlying security or current value of the
underlying index, as applicable. Under the rule change, the Exchange
may also open additional strike prices of Short Term Option Series that
are more than 30% above or below the current price of the underlying
security or current value of the underlying index, as applicable,
provided that demonstrated customer interest exists for such series, as
expressed by institutional, corporate or individual customers or their
brokers. Market-Makers trading for their own account shall not be
considered when determining customer interest under this provision. The
opening of the new Short Term Option Series shall not affect the series
of options of the same class previously opened.\7\
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    \7\ These new parameters are similar to parameters that are
already in place for the Exchange's Quarterly Options Series pilot
program. See CBOE Rule 5.5(e)(4). The Exchange is also making a non-
substantive change to delete an errant phrase, ``or calculated index
value,'' in two locations in the text of CBOE Rule 5.5.03. Weekly
options overlying indexes are addressed in CBOE Rule 24.9(a)(2), so
the reference to a calculated index value in CBOE Rule 5.5.03 is
unnecessary.
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    In support of the rule change, and as required by the Pilot Program
Approval Order, the Exchange has submitted to the Commission a Pilot
Program report (the ``Report'') detailing the Exchange's experience
with the Pilot Program. Specifically, the Report contains data and
written analysis regarding the four options classes included in the
Pilot Program. The Report was submitted under separate cover and seeks
confidential treatment under the Freedom of Information Act.
    The Exchange believes there is sufficient investor interest and
demand to increase the number of series. The Exchange believes that the
Pilot Program has provided investors with additional means of managing
their risk exposures and carrying out their investment objectives.
Furthermore, the Exchange has not experienced any capacity-related
problems with respect to Short Term Option Series. The Exchange also
represents that it has the necessary system capacity to support the
option series listed under the Pilot Program and the proposed increase
in number of series.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act \8\ and the rules and regulations thereunder and, in
particular, the requirements of Section 6(b) of the Act.\9\
Specifically, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \10\ requirements that the rules of
an exchange be designed to promote just and equitable principles of
trade, to prevent fraudulent and manipulative acts, to remove
impediments to and to perfect the mechanism for a free and open market
and a national market system, and, in general, to protect investors and
the public interest. The Exchange believes that increasing the number
of series will result in a continuing benefit to investors, by allowing
them additional means to manage their risk exposures and carry out
their investment objectives.
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    \8\ 15 U.S.C. 78s(b)(1).
    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    The Exchange neither solicited nor received comments on the
proposal.

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

    Because the foregoing rule does not (i) significantly affect the
protection of investors or the public interest; (ii)

impose any significant burden on competition; and (iii) become
operative for 30 days from the date on which it was filed, or such
shorter time as the Commission may designate if consistent with the
protection of investors and the public interest, provided that the
self-regulatory organization has given the Commission written notice of
its intent to file the proposed rule change at least five business days
prior to the date of filing of the proposed rule change or such shorter
time as designated by the Commission, the proposed rule change has
become effective pursuant to Section 19(b)(3)(A) of the Act \11\ and
Rule 19b-4(f)(6) thereunder.\12\
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with written notice of its intent to file the proposed rule change,
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Exchange has fulfilled this requirement.
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    The Exchange has asked the Commission to waive the operative delay
to permit the proposed rule change to become operative prior to the
30th day after filing. The Commission has determined that waiving the
30-day operative delay of the Exchange's proposal is consistent with
the protection of investors and the public interest because such waiver
will enable CBOE to better meet customer demand in light of recent
increased volatility in the marketplace.\13\ Therefore, the Commission
designates the proposal operative upon filing.
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    \13\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-CBOE-2008-110 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2008-110. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-CBOE-2008-110 and should be
submitted on or before November 24, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-26105 Filed 10-31-08; 8:45 am]

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[Federal Register Volume 79, Number 47 (Tuesday, March 11, 2014)]
[Notices]
[Page 13733]
[FR Doc No: 2014-05191]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Order Limiting Scheduled Operations at John F. Kennedy
International Airport, LaGuardia Airport and Newark Liberty
International Airport; High Density Rule at Reagan National Airport

AGENCY: Federal Aviation Administration (FAA), DOT

ACTION: Notice of limited waiver of the slot usage requirement.

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SUMMARY: This action announces a limited waiver of the requirements to
use slots at Washington's Reagan National Airport and Operating
Authorizations (slots) at John F. Kennedy International Airport,
LaGuardia Airport, and Newark Liberty International Airport. This
policy is effective on selected dates from January 5, 2014, through
March 3, 2014.

DATES: Effective Date: March 6, 2014.

FOR FURTHER INFORMATION CONTACT: Lorelei Peter, Senior Attorney,
Regulations Division, AGC-200, Federal Aviation Administration, 800
Independence Avenues SW., Washington, DC 20591; telephone number 202-
267-3134.

SUPPLEMENTARY INFORMATION:

Background

    Recent weather in the East Coast has severely disrupted aviation
and other modes of transportation. Multiple storms have resulted in
substantial amounts of snow and ice in widespread areas and resulted in
airport closures, reduced airport capacity due to snow removal from
runways and taxiways, and aircraft deicing programs. Carriers responded
by cancelling flights and FAA used traffic management programs as
needed to reroute traffic and utilize available airspace and airport
capacity. Carriers instituted network operational recovery plans during
this time including proactive flight cancellations in advance of the
most severe weather to position aircraft and crews needed to resume
scheduled operations.
    The disruption to the National Airspace System caused by snowstorms
and adverse weather forced the cancellation of many flights as carriers
made decisions based on safety and other operational criteria. However,
the flight disruptions were not limited to the slot controlled
airports. Operations at other airports were likewise impacted,
including severe winter weather events in the mid-west and southern
areas of the U.S. Recovery of normal operations took several days after
the initial storms and was exacerbated by subsequent snow storms and
other adverse conditions.
    Under the FAA's High Density Rule at Washington's Reagan National
Airport and orders limiting scheduled operations at the Kennedy
International Airport, LaGuardia Airport, and Newark Liberty
International Airport, slots must be used at least 80 percent of the
time. Slots not meeting the minimum usage rules will be withdrawn or
not receive historic precedence for the following scheduling season,
depending on the airport. The FAA may grant a waiver from the minimum
usage requirements for highly unusual and unpredictable conditions that
are beyond the control of the carrier and affect carrier operations for
a period of five consecutive days or more.
    American Airlines, Inc., Delta Air Lines, Inc., United Airlines,
Inc., and US Airways, Inc. individually requested waivers from the
minimum slot usage rules at the airports for January 5, 6, 7, 21, and
22 and February 3, 4, 5, 12, 13 and 14. Each carrier stated there was
significant disruption to its planned scheduled due to weather on those
days. The carriers indicated that they expected to meet the minimum
usage requirement and that the higher than normal level of flight
cancellations was highly unusual and beyond their control. Other
carriers at the airports have advised the FAA that they intend to seek
similar relief for some or all of the same dates.

Statement of Policy

    The FAA has determined that the facts described above met the
criteria for a limited waiver of the minimum slot usage requirement.
The operational disruptions impacted many carriers and the FAA has
determined that a general waiver of the usage policy is warranted in
these circumstances rather than individual carrier relief. The FAA will
treat as used, any slot or Operating Authorization held by a carrier on
January 5, 6, 7, 21, and 22, 2014; February 3, 4, 5, 12, 13, and 14,
2014; and March 2 and 3, 2014. The FAA does not intend to routinely
grant general waivers to the usage requirements. Rules allow for up to
20 percent nonuse, including planned and unplanned cancellations. This
is expected to accommodate routine weather and other cancellations
under all but the most unusual circumstances.

    Issued in Washington, DC on March 6, 2014.
Mark Bury,
Assistant Chief Counsel for International Law, Legislation and
Regulations Division.
[FR Doc. 2014-05191 Filed 3-6-14; 11:15 am]
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