[Federal Register Volume 80, Number 69 (Friday, April 10, 2015)]
[Notices]
[Pages 19377-19378]
[FR Doc No: 2015-08199]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74651; File No. SR-CBOE-2015-033]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change Relating to the Deletion of Rule 2.50

April 6, 2015.
    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 March 24, 2015, Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') 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
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 is proposing to delete Rule 2.50 as it is no longer
relevant.
    The text of the proposed rule change is available on the Exchange's
Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx),
at the Exchange's Office of the Secretary, and at the Commission's
Public Reference Room.

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

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

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

1. Purpose
    The purpose of this filing is to delete Rule 2.50 that sets forth
the Exchange's policy with respect to the National Stock Exchange
(``NSX''), previously a wholly owned subsidiary of CBOE Stock Exchange
LLC (``CBSX'').\5\ Rule 2.50 states that as long as the Exchange is a
partial owner of CBSX and CBSX controls NSX, the Exchange will assist
NSX with the appropriate allocation of its resources in order to
fulfill its self-regulatory obligations under the Exchange Act, as well
as refrain from knowingly taking any actions related to NSX's
activities that would prevent NSX's fulfillment of its self-regulatory
obligations. The Exchange believes this rule is no longer relevant
because CBSX no longer owns or is affiliated with NSX; as such, the
Exchange believes the elimination of this rule from the CBOE Rulebook
is appropriate.
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    \5\ CBSX, a former stock trading facility of CBOE, is owned in
part by CBOE.
---------------------------------------------------------------------------

    The Commission recently approved an NSX rule filing that authorized
the sale of NSX from CBSX to an unaffiliated third party.\6\ The
transaction was completed on February 18, 2015, and CBSX no longer owns
or is affiliated with NSX; thus, Rule 2.50 is no longer relevant and
should be deleted in its entirety to avoid confusion.
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    \6\ See Securities Exchange Act Release No. 74270 (February 13,
2015), 80 FR 9286 (February 20, 2015) (order granting approval of
SR-NSX-2014-017).
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\7\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \8\ requirements that the rules of an exchange be
designed to remove impediments to and perfect the

mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In particular, the Exchange believes that the deletion of Rule 2.50
is appropriate because it is obsolete now that CBSX no longer owns or
is affiliated with NSX. Additionally, if the current rule text language
remains, confusion could arise as to whether or not NSX is still a
wholly owned subsidiary of CBSX.

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 that is not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange does not believe
the proposed rule change imposes any burden on intramarket competition
because it applies to all market participants. Additionally, the
Exchange does not believe the proposed rule change will impose any
burden on intermarket competition as it is merely attempting to delete
Rule 2.50 in its entirety as the rule text is no longer relevant
because CBSX no longer owns or is affiliated with NSX. The Exchange
does not propose any substantive changes to the Exchange's operations
or its rules that the Exchange believes could have any impact on
competition (intermarket or intramarket).

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 written comments on the
proposed rule changes submitted in this filing.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
Because the foregoing proposed rule change does not: (1) Significantly
affect the protection of investors or the public interest; (2) impose
any significant burden on competition; and (3) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \11\ and Rule 19b-4(f)(6) \12\ thereunder. At
any time within 60 days of the filing of the 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 will institute proceedings to determine whether
the proposed rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
    \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 the Exchange to give the Commission written notice of the
Exchange's 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 satisfied this requirement.
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please
include File Number SR-CBOE-2015-033 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-2015-033. 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 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 Web site 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; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2015--033 and should be
submitted on or before May 1, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-08199 Filed 4-9-15; 8:45 am]
 BILLING CODE 8011-01-P


http://www.pbtprofiler.net/results.asp

Results

Top of Form

Orange or red highlights indicate that the EPA   HYPERLINK
"http://www.pbtprofiler.net/criteria.asp"  criteria  have been exceeded.

  HYPERLINK "http://www.pbtprofiler.net/Results.asp?BW=T"
Black-and-white version

  HYPERLINK "http://www.pbtprofiler.net/Details.asp" \l "P"  Persistence

	  HYPERLINK "http://www.pbtprofiler.net/details.asp" \l "B"
Bioaccumulation

	  HYPERLINK "http://www.pbtprofiler.net/details.asp" \l "T"  Toxicity

106-94-5   Propane, 1-bromo-

PBT Profiler Estimate = PBT

  HYPERLINK "http://www.pbtprofiler.net/details.asp" \l "media"  Media

	  HYPERLINK "http://www.pbtprofiler.net/details.asp" \l "half-life"
Half-Life

(days)

	  HYPERLINK "http://www.pbtprofiler.net/details.asp" \l "percent"
Percent in

Each Medium

	  HYPERLINK "http://www.pbtprofiler.net/details.asp" \l "bcf"  BCF

	  HYPERLINK "http://www.pbtprofiler.net/details.asp" \l "fishchv"  Fish
ChV

(mg/l)

   45%

The PBT Profiler Results are available for 20 minutes

Developed by the   HYPERLINK "http://esc.syrres.com"  Environmental
Science Center  under contract to the   HYPERLINK
"http://www.epa.gov/opptintr/"  Office of Pollution Prevention and
Toxics  ,   HYPERLINK "http://www.epa.gov"  U.S. Environmental
Protection Agency

Computer Resources Donated by   HYPERLINK "http://www.syrres.com"
Syracuse Research Corporation           Ver 1.203     Last
Updated September 21, 2006

Pollution Prevention (P2) Considerations for Propane, 1-bromo-

PBT Profiler Estimate =

P    B    T

  HYPERLINK "http://www.pbtprofiler.net/results.asp"  Return to PBT
Profiler Results

Chemicals that are persistent, bioaccumulative, and toxic have the
potential to concentrate to levels that may cause significant averse
impact on human health and the environment. Orange or red highlights for
the above "PBT Profiler Estimate" indicates the EPA criteria have been
exceeded for persistence (P), bioaccumulation (B), or toxicity (T) . The
PBT Profiler estimates are designed for screening-level assessments to
help identify Pollution Prevention (P2) opportunities for chemical
substances when no experimental data are available. Experimental data
should always be used in preference to the results of the PBT Profiler.

PBT Profiler Physical/Chemical Property Estimates

Property	Value	Type	Units

Molecular Weight	122.99

Melting Point	-79	Estimated	degrees C

Vapor Pressure	110	Estimated	mm Hg at 25 degrees C

Log Kow	2.1 	Experimental 	at 25 degrees

Water Solubility	1600	Estimated	mg/L at 25 degrees C

Henry's Law Constant	0.0073	Experimental 	atm/m3 mole at 25 degrees

Hydroxyl Radical Reaction Rate Constant	0.0000000000012	Experimental
cm3/molecule-sec at 25 degrees C

Ozone Reaction Rate Constant	Not Estimated

Ultimate Biodegradation Survey	2.956 ( Weeks ) 	Estimated

	Persistence Summary

Partitioning	The PBT Profiler uses three environmental compartments
(water, soil, and sediment) to determine the persistence of a chemical
in the environment. If released to the environment, Propane, 1-bromo- is
expected to be found predominantly in water. It is also expected to be
found in soil , but not in sediment.

The PBT Profiler does not explicitly consider a chemical's fate in the
atmosphere in its persistence estimate. It also does not consider a
chemical's potential to enter groundwater. Important P2 considerations
in these media may be discussed on a chemical by chemical basis in the
sections that follow.

Transformation

and

Persistence	The PBT Profiler has estimated that Propane, 1-bromo- is
expected to be found predominantly in water and its persistence estimate
is based on its transformation in this medium. Its half-life in water,
15 days, does not exceed the EPA criteria. Therefore, Propane, 1-bromo-
is estimated not to be persistent in the environment.

Pollution

Prevention

Considerations	The PBT Profiler estimates persistence in sediment by its
potential for biodegradation in anaerobic (oxygen free) environment.
Propane, 1-bromo- is not expected to be present in sediment, however,
groundwater is also an anaerobic compartment. Chemicals may leach
through soil and enter groundwater depending on their physical and
chemical properties. The PBT Profiler has estimated that the physical
and chemical properties of Propane, 1-bromo- indicate that it may have
the potential to leach through soil and enter groundwater. Pollution
Prevention (P2) opportunities for this compound should also consider its
potential transport to and persistence in groundwater. The PBT Profiler
does not explicitly consider groundwater in its persistence estimate.Its

Long-Range

Transport

(CTD)	The Characteristic Travel Distance (CTD) is an expression of a
chemical’s potential for Long Range Transport (LRT), or its potential
to be transported long distances. If a chemical travels long distances,
it may become widely distributed in regions far from where the chemical
was produced or used. The PBT Profiler considers a chemical’s CTD in
air, which provides insight into its potential widespread distribution
through deposition from the atmosphere onto soil or water.

The PBT Profiler has estimated that Propane, 1-bromo- has a CTD in air
of Km. Using a published set of criteria, this value is considered
relatively low, and Propane, 1-bromo- has limited potential to travel
long distances in air. It is important to note that there are currently
no generally recognized criteria for the CTD in air although
International efforts to develop these critieria have been initiated.
The PBT Profiler provides the CTD to allow the comparison of different
chemicals when identifying P2 opportunities.

Overall

Persistence	The   HYPERLINK "http://www.pbtprofiler.net/details.asp" \l
"OP"  overall persistence  is a calculated term that allows the
persistence of different chemicals to be compared using a single value.
Even though the units of the overall persistence are the same as those
used for a chemical's half-life (hrs), these two terms are not
inter-convertible. The overall persistence takes into account both a
chemical's media-specific half-life as well as its rate of transport
into (and out of) that compartment. Because the overall persistence
takes into account transport, its value will likely be different than
any of the media-specific half-lives.

The overall persistence can only be calculated in a mass-balance
multimedia model. These models calculate the overall persistence by
determining the weighted average of the residence time in each
compartment.

The overall persistence for Propane, 1-bromo- is 21 days using the
default emission scenario of the level III multimedia model. The overall
persistence using different release scenarios is provided in the
following section.

	Release Scenarios	The PBT Profiler estimates persistence based on a
standard release scenario emitting equal amounts to soil, water, and
air.  A more in-depth P2 assessment may utilize a release scenario that
is more representative of an individual chemical's life cycle. This
section of the PBT Profiler provides seven different release scenarios
to help identify P2 opportunities for Propane, 1-bromo-. The seven
release scenarios are based on a more realistic total release of 300
kg/hr to the environment and not the 1,000 kg/hr shown on the PBT
Profiler results page. Since the fugacity model is linear, the percent
in each compartment does not change based on the total release to the
environment, but only on the relative amount released to air, water, and
soil.

The following table provides the percent estimated in each environmental
compartment using different release scenarios.  Propane, 1-bromo-: The
media (water, soil, and sediment) the chemical is expected to be found
in predominantly (the predominant compartment) is underlined. The color
of each estimate indicates if the EPA criteria have been exceeded in
that specific medium. Therefore, by determining the color of the
underline value in each row, the persistence ranking for each different
scenario can be compared directly to the default persistence value, P,
estimated by the PBT Profiler.

The overall persistence, Po (days), calculated for each release scenario
is also provided.

Release to each medium (Kg/hr)

Percent in each medium

 Po

Air

Water

Soil

Air

Water

Soil

Sed

100

100

100

45

43

12

0

21

150

0

150

75

1

24

0

21

300

0

0

100

0

0

0

20

150

150

0

39

61

0

0

21

0

150

150

33

53

14

0

21

0

300

0

17

83

0

0

21

0

0

300

60

1

39

0

21

	Bioaccumulation Summary

	Bioconcentration	Bioaccumulation is the process by which the chemical
concentration in an aquatic organism achieves a level that exceeds that
in the water, as a result of chemical uptake through all possible routes
of exposure. Biomagnification, refers to the concentration of a chemical
to a level that exceeds that resulting from its diet. Bioaccumulation
includes both biomagnification and bioconcentration.

In general, chemicals that have the potential to bioconcentrate also
have the potential to bioaccumulate. Since a bioconcentration factor
HYPERLINK "http://www.pbtprofiler.net/ChemDetails.asp?I=0" \l "bcf#bcf"
(BCF)  in fish can be readily measured in the laboratory and
bioaccumulation is much more complicated to determine, the BCF is
frequently used to predict the importance of bioaccumulation. The
estimated bioconcentration factor (BCF) for Propane, 1-bromo-, 8.3, does
not exceed the EPA bioconcentration criteria.

	Bioaccumulation

	Toxicity Summary

	Fish

Chronic

Toxicity	PBT chemicals are those that persist in the environment,
bioconcentrate in aquatic organisms, and may bioaccumulate in humans,
birds, and wild mammals. Exposure to PBT chemicals will result in
chronic exposures which, in turn, leads to chronic toxicity. The PBT
Profiler uses an estimated fish chronic toxicity value (ChV) to allow
organic chemicals lacking experimental data to be screened for P2
opportunities. A more in-depth P2 assessment requires that the potential
toxicity of Propane, 1-bromo- to other aquatic organisms (and at other
duration of exposure) be determined.

The PBT Profiler estimates that Propane, 1-bromo- is chronically toxic
to fish. It is important to note that Propane, 1-bromo- may also be
toxic to other aquatic organisms. Some aquatic organisms, such as
daphnids, may be more sensitive to both acute and chronic exposures to
Propane, 1-bromo-. To help assess the toxicity of Propane, 1-bromo- to
other aquatic organisms, the PBT Profiler provides the complete ECOSARTM
estimates for this compound, as discussed below.

	Other

Toxicity

Information 	Unlike persistence and bioaccumulation, there is a wide
range of different aquatic toxicity endpoints that may be of concern
when assessing a chemical for P2 opportunities The PBT Profiler
determines the fish chronic aquatic toxicity for its toxicity ranking.
Endpoints specific to humans, avian and terrestrial species, benthic
organisms, and other aquatic animals are not included in the PBT
Profiler toxicity ranking that appears on the initial results page.
Other endpoints associated with the acute, sub chronic, and chronic
toxicity of Propane, 1-bromo- should be considered for the above
organisms in light of its persistence, potential for bioaccumulation,
release to the environment, and life cycle when performing an in-depth
P2 Assessment.

To help address some of these toxicity issues, the following information
may be useful when identifying P2 opportunities for Propane, 1-bromo-:

Complete ECOSARTM Results. Depending on the structure of Propane,
1-bromo-, EPA's   HYPERLINK
"http://www.epa.gov/opptintr/newchems/tools/21ecosar.htm"  ECOSAR TM
estimation program may provide a variety of aquatic toxicity end points
for a number of different organisms. The PBT Profiler's link to the
HYPERLINK "javascript:OpenEcosar(0,2.10)"  ECOSAR  TM   HYPERLINK
"javascript:OpenEcosar(0,2.10)"  results for Propane, 1-bromo-  will
open another window and display the estimated results. When
investigating P2 opportunities for Propane, 1-bromo-, its potential
toxicity to other aquatic organisms should be considered.

View the   HYPERLINK "javascript:OpenEcosar(0,2.10)"  ECOSAR  TM
HYPERLINK "javascript:OpenEcosar(0,2.10)"  results for Propane, 1-bromo-

EPA Chemical Categories: In the review of over 20,000 chemicals under
the New Chemical Program, the Office of Pollution Prevention and Toxics
(OPPT) of EPA has identified a number of chemical classes that may have
human health concerns. The PBT Profiler has been programmed to identify
chemicals that may belong to one of these chemical categories based on
the presence of specific functional groups and features.

  HYPERLINK "http://www.pbtprofiler.net/results.asp"  Return to PBT
Profiler Results

Developed by the   HYPERLINK "http://esc.syrres.com"  Environmental
Science Center  under contract to the   HYPERLINK
"http://www.epa.gov/opptintr/"  Office of Pollution Prevention and
Toxics  ,   HYPERLINK "http://www.epa.gov"  U.S. Environmental
Protection Agency

Computer Resources Donated by   HYPERLINK "http://www.syrres.com"
Syracuse Research Corporation           Ver 1.203     Last
Updated September 21, 2006

Bottom of Form

CRITERIA

Criteria used by the PBT Profiler

Introduction

The PBT Profiler is a screening-level tool that provides estimates of
the persistence, bioaccumulation, and chronic fish toxicity potential of
chemical compounds. It is designed to be used when no data are
available. In order to help interested parties make informed decision on
a chemical’s PBT characteristics, the PBT profiler automatically
identifies chemicals that may persist in the environment and
bioaccumulate in the food chain.   These chemicals are identified using
thresholds published by the EPA. By comparing the estimated persistence
and bioaccumulation provided by the PBT Profiler, interested parties can
rapidly obtain information to make informed judgments on the PBT
characteristics of the chemicals under consideration. This screening
assessment can be used early in the decision making process to help
users better focus resources and identify pollution prevention
opportunities.

The thresholds the PBT profiler uses to highlight chemicals that may
persist and/or bioaccumulate in the environment are based on information
published by the EPA in the Federal Register.   The first is a policy
statement on a new category for PBT substances for the review of
Premanufacture Notices (PMNs) submitted under section 5 of the Toxic
Substances Control Act (TSCA).   The second is a final rule that added
several chemicals with PBT characteristics and lowered reporting
thresholds for certain PBT chemicals that were already listed on the
Toxics Release Inventory (TRI), under section 313 of the Emergency
Planning and Community Right-to-Know Act (EPCRA). The criteria published
in these two Federal Register notices are comparable.

The PBT profiler uses a different set of criteria to highlight chemicals
that may be toxic.   These criteria are based on the scientific
principles and quantitative structure activity relationships that have
been used to screen for toxicity in EPA’s New Chemical Program for
over 20 years.

The following sections provide an overview of the persistence,
bioaccumulation, and toxicity criteria the PBT Profiler uses to
highlight chemicals. Extensive discussions of the scientific basis for
the persistence and bioaccumulation criteria are provided in the EPA
notices discussed herein.   Interested parties are invited to read the
full text of these notices, which are available on-line using the links
provided. A discussion of how the PBT Profiler estimates persistence,
bioaccumulation, and toxicity is provided in the PBT Methodology
section.

Persistence Criteria 	  HYPERLINK
"http://www.pbtprofiler.net/criteria.asp" \l "top#top"  To Top

To highlight a chemical that may persist in the environment, the PBT
profiler uses criteria set forth by the EPA in the Federal Register. An
overview of these criteria as presented in a final rule and a policy
statement on a new PBT category for new chemicals is provided below. The
user is encouraged to follow the links to the Federal Register documents
to gain insight on the scientific rationale for the persistence
criteria, details on the actions they describe, and other persistence
criteria that have been brought forward by other domestic and
international organizations

The persistence criteria for EPA’s policy statement on a new PBT
category for Premanufacture Notices are: [  HYPERLINK
"http://www.epa.gov/fedrgstr/EPA-TOX/1999/November/Day-04/t28888.htm"
Category for Persistent, Bioaccumulative, and Toxic New Chemical
Substances, Federal Register: November 4, 1999 (Volume 64, Number 213),
pages 60194-60204 .]

	TSCA Section 5 Action

	5 (e) Order/Significant New Use Rule (SNUR) 	Ban Pending Testing

Half-life in water, soil, and sediment 	Half-life > 2 months

(> 60 days) 	Half-life > 6 months

(> 180 days)

The persistence criteria for EPA’s final rule for TRI reporting are: [
  HYPERLINK
"http://www.epa.gov/fedrgstr/EPA-WASTE/1999/October/Day-29/f28169.htm"
Persistent Bioaccumulative Toxic (PBT) Chemicals; Lowering of Reporting
Thresholds for Certain PBT Chemicals; Addition of Certain PBT Chemicals;
Community Right-to-Know Toxic Chemical Reporting: Final rule, Federal
Register: October 29, 1999 (Volume 64, Number 209), pages 58666-58753 .]

	Considered Persistent 	Considered Very Persistent

Half-life in water, soil, and sediment 	Half-life >= 2 months

(>= 60 days) 	Half-life > 6 months

(> 180 days)

Half-life in Air 	Half-life > 2 days

	The PBT Profiler combines the persistence criteria for water, soil, and
sediment provided above and highlights chemicals with an estimated
half-life >= 2 months and < 6 months in orange text and those with an
estimated half-life > = 6 months in red. The half-life in air is not
used in the PBT Profiler's Persistence summary. The PBT Profiler uses 30
days in a month for its comparisons.

Bioaccumulation Criteria 	  HYPERLINK
"http://www.pbtprofiler.net/criteria.asp" \l "top#top"  To Top

To highlight a chemical that may bioaccumulate in the food chain, the
PBT profiler uses criteria set forth by the EPA in the Federal Register.
These criteria use a bioconcentration factor (BCF) as the indicator of a
chemical’s potential to bioaccumulate. An overview of these criteria
as presented in a final rule and a policy statement is provided below.
The user is encouraged to follow the links to the Federal Register
documents to gain insight on the scientific rationale for the
bioaccumulation criteria, details on the actions they describe, and
other bioaccumulation criteria that have been brought forward by other
domestic and international organizations.

The bioaccumulation criteria for EPA’s policy statement on
Premanufacture Notices are: [  HYPERLINK
"http://www.epa.gov/fedrgstr/EPA-TOX/1999/November/Day-04/t28888.htm"
Category for Persistent, Bioaccumulative, and Toxic New Chemical
Substances, Federal Register: November 4, 1999 (Volume 64, Number 213),
pages 60194-60204 .]

	TSCA Section 5 Action

	5 (e) Order/Significant New Use Rule (SNUR) 	Ban Pending Testing

Bioconcentration factor (BCF) 	> = 1,000 	> = 5,000

The bioaccumulation criteria for EPA’s rule for TRI reporting are: [
HYPERLINK
"http://www.epa.gov/fedrgstr/EPA-WASTE/1999/October/Day-29/f28169.htm"
Persistent Bioaccumulative Toxic (PBT) Chemicals; Lowering of Reporting
Thresholds for Certain PBT Chemicals; Community Right-to-Know Toxic
Chemical Reporting: Final rule Federal Register: October 29, 1999
(Volume 64, Number 209), pages 58666-58753 .]

	Considered Bioaccumulative 	Considered Very Bioaccumulative

Bioconcentration factor (BCF) 	> = 1,000 	> 5,000

The PBT Profiler combines the bioaccumulation criteria provided above
and highlights chemicals with a BCF >= 1,000 and < 5,000 in orange text
and those with a BCF > = 5,000 in red.

Toxicity 	  HYPERLINK "http://www.pbtprofiler.net/criteria.asp" \l
"top#top"  To Top

To highlight a chemical that may be chronically toxic to fish, the PBT
profiler uses criteria developed in EPA’s New Chemical Program
[Clements, R. G.; Nabholz, J. V.; Johnson, D. E.; and Zeeman, M. G. The
Use of Quantitative Structure-Activity Relationships (QSARs) as
Screening Tools in Environmental Assessment. Environmental Toxicology
and Risk Assessment, 2nd Vol., edited by J.W. Gorsuch, F. J. Dwyer, C.
G. Ingersoll, and T. W. LaPoint, pp 555-570. ASTM STP 1216.
Philadelphia: American Society for Testing and Materials, 1993]. The
criteria used in the New Chemicals Program are:

	Low Concern	Moderate Concern 	High Concern

Fish ChV (mg/l)	> 10 mg/l	0.1 - 10 mg/l 	< 0.1 mg/l

[  HYPERLINK "http://www.pbtprofiler.net/Methodology.asp"  Methodology
]       [  HYPERLINK "http://www.pbtprofiler.net/Criteria.asp"
Criteria ]       [  HYPERLINK
"http://www.pbtprofiler.net/Details.asp"  Definitions ]       [
HYPERLINK "http://www.pbtprofiler.net/Chemicals.asp"  Chemicals that
Should Not be Profiled ]

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"http://www.pbtprofiler.net/entry.asp?Profile=New"  Start a New Profile
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 HYPERLINK "http://www.pbtprofiler.net/IntResults.asp"  Interpreting
Results ]

Developed by the   HYPERLINK "http://www.syrres.com/esc"  Environmental
Science Center  under contract to the   HYPERLINK
"http://www.epa.gov/opptintr/"  Office of Pollution Prevention and
Toxics  ,   HYPERLINK "http://www.epa.gov"  U.S. Environmental
Protection Agency

Computer Resources Donated by   HYPERLINK "http://www.syrres.com"
Syracuse Research Corporation           Ver 1.203     Last
Updated September 21, 2006


[Federal Register Volume 85, Number 22 (Monday, February 3, 2020)]
[Proposed Rules]
[Pages 5905-5906]
[FR Doc No: 2020-01877]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 85, No. 22 / Monday, February 3, 2020 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 21

[Docket No. FAA-2019-1038]

Type Certification of Unmanned Aircraft Systems

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of policy; request for comments.

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

SUMMARY: The Federal Aviation Administration (FAA) is announcing and
requesting comments on its policy for the type certification of certain
Unmanned Aircraft Systems as a special class of aircraft under our
regulations.

DATES: Comments must be received on or before March 4, 2020.

ADDRESSES: Send comments identified by docket number FAA-2019-1038
using any of the following methods:
    [square] Federal eRegulations Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
    [square] Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
    [square] Hand Delivery of Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m., and 5 p.m.,
Monday through Friday, except Federal holidays.
    [square] Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://regulations.gov, including any personal information
the commenter provides. Using the search function of the docket
website, anyone can find and read the electronic form of all comments
received into any FAA docket, including the name of the individual
sending the comment (or signing the comment for an association,
business, labor union, etc.). DOT's complete Privacy Act Statement can
be found in the Federal Register published on April 11, 2000 (65 FR
19477-19478), as well as at http://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m., and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Andrew Guion, AIR-694, Federal
Aviation Administration, Policy and Innovation Division, Small Airplane
Standards Branch, Aircraft Certification Service, 901 Locust St., Room
301, Kansas City, MO 64106, telephone<PHONE_NUMBER>, facsimile (816)
329-4090.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites interested parties to submit comments on the policy
described in this notice to one of the addresses specified above.
Commenters must include Docket No. FAA-2019-1038 and identify ``Type
Certification of Unmanned Aircraft Systems'' policy on all submitted
correspondence. The most helpful comments reference a specific portion
of the policy, explain the reason for any recommended change, and
include supporting data. The FAA will consider all comments received on
or before the closing date before issuing the final acceptance. The FAA
will also consider comments filed late if it is possible to do so
without incurring expense or delay. The FAA may change the policy based
on received comments.
    Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this notice contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to this notice, it is important that you
clearly designate the submitted comments as CBI. Please mark each page
of your submission containing CBI as ``PROPIN.'' The FAA will treat
such marked submissions as confidential under the FOIA, and they will
not be placed in the public docket of this notice. Submissions
containing CBI should be sent to the individual identified under For
Further Information Contact. Any commentary that the FAA receives which
is not specifically designated as CBI will be placed in the public
docket for this notice.

Background

    In 2012, Congress passed the FAA Modernization and Reform Act of
2012 (Pub. L. 112-95). Section 332 of Public Law 112-95 (codified at 49
U.S.C. 44802) directed the FAA to develop a comprehensive plan to
safely accelerate the integration of unmanned aircraft systems (UAS)
into the National Airspace System (NAS). As part of that plan, the FAA
integrated small UAS (less than 55 lbs.) into the NAS by issuing a rule
on the Operation and Certification of Small Unmanned Aircraft Systems
(81 FR 42064, June 28, 2016). The small UAS final rule added part 107
to the FAA's regulations in Title 14 of the Code of Federal Regulations
(14 CFR).
    Part 107 sets forth rules for the operation of small UAS without
the need for FAA airworthiness certification. Under part 107,
operations may not occur over persons, at night, above an altitude of
400 feet, or beyond visual line-of-sight, without a waiver issued by
the FAA. UAS weighing 55 lbs. or more and small UAS operating outside
the limitations imposed by part 107 must receive airworthiness
certification from the FAA or an exemption.

Discussion

    The FAA establishes airworthiness criteria and issues type
certificates to ensure the safe operation of aircraft in accordance
with 49 U.S.C. 44701(a) and 44704. Section 44704 requires the
Administrator to find an aircraft, aircraft engine, or propeller to be
of proper design, material, specification, construction, and
performance for safe operation before issuing a type certificate for
it.
    Part 21 contains the FAA's procedural requirements for
airworthiness and type certification. When the FAA promulgated part 21
as part of its

recodification to combine and streamline the Civil Air Regulations, it
originally required applicants for a type certificate to show that the
product met existing airworthiness standards (29 FR 14562, October 24,
1964). Existing airworthiness standards for aircraft and other
products, issued as a separate part of the FAA's regulations, are:
Normal category airplanes under part 23, transport category airplanes
under part 25, normal category rotorcraft under part 27, transport
category rotorcraft under part 29, manned free balloons under part 31,
aircraft engines under part 33, and propellers under part 35.
    The FAA amended part 21 to add procedural requirements for the
issuance of type certificates for special classes of aircraft at
amendment 21-60. In the final rule, the FAA explained that it intended
the special class category to include, in part, those aircraft that
would be eligible for a standard airworthiness certificate but for
which certification standards do not exist due to their unique, novel,
or unusual design features. The FAA further stated that the ``decision
to type certificate an aircraft in either the special class aircraft
category or under . . . the FAR is entirely dependent upon the
aircraft's unique, novel, and/or unusual design features.'' (52 FR
8040, March 13, 1987). Amendment 21-60 revised Sec.  21.17(b) to
include the certification procedure for special classes of aircraft.
For special classes of aircraft, for which airworthiness standards have
not been issued, the applicable airworthiness requirements will be the
portions of those existing standards contained in parts 23, 25, 27, 29,
31, 33, and 35 found by the FAA to be appropriate for the aircraft and
applicable to a specific type design, or such airworthiness criteria as
the FAA may find provide an equivalent level of safety to those parts.
    An ``unmanned aircraft'' is an aircraft operated without the
possibility of direct human intervention from within or on the
aircraft. See 49 U.S.C. 44801(11); 14 CFR 1.1. Unmanned aircraft
include all classes of airplanes, rotorcraft, and powered-lift without
an onboard pilot. Many UAS elements, while essential for safe
operation, are part of the UAS system but are not permanent features of
the unmanned aircraft (UA). For example, instead of traditional landing
gear with wheels and brakes, many UAS have a launch and recovery
system. Additionally, because the pilot is not situated within the
aircraft, unique configurations and applications of airframes,
powerplants, fuels, and materials are possible and can result in flight
characteristics different from those of conventional aircraft. These
features specific to UAS are the very unique, novel, and/or unusual
features the special class category was designed to accommodate.

Policy

    Accordingly, the FAA proposes that some UAS may be type
certificated as a ``special class'' of aircraft under Sec.  21.17(b).
The FAA proposes to issue type certificates for UAS with no occupants
onboard under the process in Sec.  21.17(b). However, the FAA may still
issue type certificates under Sec.  21.17(a) for airplane and
rotorcraft UAS designs when appropriate. This proposed policy applies
only to the procedures for the type certification of UAS, and is not
intended to establish policy impacting other FAA rules on unmanned
aircraft, such as operations, pilot certification, or maintenance.
    The FAA will announce and seek public comment on the particularized
airworthiness criteria for each applicant as certification standards
for this new special class evolve. Once generally-applicable standards
are identified, the FAA intends to issue rulemaking or publish the
standards as guidance in an Advisory Circular, as it has done for other
special classes such as gliders, airships, and very light airplanes.
    The FAA's rulemaking on small UAS was only the first step in the
FAA's plan to integrate UAS into the NAS. Many long-term activities are
required for full integration of present and future UAS operations,
including the delivery of packages and transportation of people. The
UAS affected by this policy will include those used for package
delivery. Future FAA activity, through either further policy or
rulemaking, will address type certification for UAS carrying occupants.
    The contents of this document do not have the force and effect of
law and are not meant to bind the public in any way. This document is
intended only to provide clarity to the public regarding existing
requirements under the law or agency policies.

    Issued in Kansas City, Missouri, on January 27, 2020.
Pat Mullen,
Manager, Small Airplane Standards Branch, AIR-690, Policy and
Innovation Division, Aircraft Certification Service.
[FR Doc. 2020-01877 Filed 1-31-20; 8:45 am]
 BILLING CODE 4910-13-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY                 NATIONAL VEHICLE AND FUEL EMISSIONS LABORATORY                              2000 TRAVERWOOD ROAD                            ANN ARBOR, MI  48105-2498

									          	OFFICE OF 										AIR AND RADIATION

July 18, 2011

MEMORANDUM

SUBJECT:	Meeting with Ford on May 12, 2011

FROM:	Don Kopinski

TO:		Docket EPA-HQ-OAR-2010-0162

This memorandum documents a meeting held at NVFEL on May 12, 2011 between Ford and EPA staff.  The following people attended:

      Ford:  Cynthia Williams, Ken McAlinden, Alyssa Werthman, Satish Atluri, Bob Thomas              EPA: Byron Bunker, Tony Fernandez, Cle Jackson, Angela Cullen, Bob Peavyhouse, Don Kopinski

The discussion focused on ADFEs, cross engine-vehicle credit averaging, and provisions for loose engine certification.