dwcgi 29900 1076425685 642906000. wpd MEMORANDUM TO: 304( m) Record ( EPA Docket Number OW 2003 0074)

FROM: Arash Hooshangi DATE: December 11, 2003 SUBJECT: Toxic Weighting Factor for Petroleum Refining Polycyclic Aromatic Compounds Definition of PACs and Reporting Requirements Polycyclic Aromatic Compounds ( PACs), sometimes known as Polycyclic Aromatic Hydrocarbons, are a class of organic compounds consisting of two or more fused aromatic rings.

EPA's Toxic Release Inventory ( TRI) program has identified 21 chemicals that are included in the PAC category ( see Table 1). Facilities with 10 or more employees in specified Standard Industrial Classification ( SIC) codes that manufacture, process, or use more than 100 pounds of PACs per year must report the releases of these compounds to EPA. Facilities report the combined mass of PACs released and do not report releases of individual compounds.

Toxic Weighting Factors EPA's Office of Water/ Engineering and Analysis Division ( EAD) uses Toxic Weighting Factors ( TWFs) to compare pollutants discharged by various industrial categories. The pounds of pollutant discharged are multiplied by the TWF to calculate equivalent pounds. The weighted pounds can be added. For example, toxic equivalent pounds of lead can be added to toxic equivalent pounds of mercury. Also, the equivalent pounds released by one facility or industry can be compared to other facilities or industries. As listed in Table 1, EAD has TWFs for eight of the 21 individual compounds comprising the TRI PAC category. Memorandum 11 December 2003 Page 2 dwcgi 29900 1076425685 642906000. wpd Calculating Equivalent Pounds of PACs Facilities report to TRI the combined mass of PACs released, but EAD has TWFs for individual compounds. Thus, to calculate the equivalent pounds of PACs released, EAD must identify which individual compounds comprised the reported PACs. EAD made two different assumptions about the identity of the compounds comprising the PACs, resulting in the two methods for calculating equivalent pounds of PACs, described below.

Method 1:

EAD assumed that the only compound in the PAC category discharged by refineries was benzo( a) pyrene. The equivalent pounds of PACs was calculated by multiplying the reported PAC releases by 4283.56, the benzo( a) pyrene TWF. Of all the PACs, benzo( a) pyrene has the highest TWF. Thus, this method represents a worst case estimate of the pound equivalents of PACs released by petroleum refineries.

Method 2:

EAD assumed that composition of PACs released by refineries is proportional to the composition of raw materials ( crude oil) and products throughput at U. S. refineries.

Available Data: The PACs composition of a number of petroleum products and crude oils is available in the literature ( see Tables 2 and 3). In addition, the Energy Information Administration ( EIA) publishes a yearly report of the amount of petroleum products produced in all U. S. petroleum refineries as well as the amount of crude oil consumed ( see Table 4). Memorandum 11 December 2003 Page 3 1EIA: Petroleum Supply Annual 2000, Vol 1, Page 6 dwcgi 29900 1076425685 642906000. wpd Assumptions. EAD made the following assumptions:

1) PACs will be present in wastewater in the same proportion that they are present in the crude oil and products throughput at U. S. refineries. These proportions are presented in Table 4.

2) If no data were available for a specific PAC compound, its concentration in the crude oil or product was assumed to be zero. If a PAC compound was not detected, its concentration in the crude oil or product was assumed to be zero.

3) Where PAC composition is not available, it can be estimated using the composition from similar products. Table 5 presents a list of the products for which PAC composition is not available and the similar product used to estimate the composition.

4) For crude oil, representative domestic and foreign oils can be used to calculate a weighted average PAC composition for crude oil. According to EIA1, 39.09 percent ( volumetric basis) of the total consumed crude oil in the U. S. in the year 2000 was domestic while 60.91 percent ( volumetric basis) was imported. EAD selected South Louisiana Oil, for which PAC composition is available, as a representative domestic oil and Alberta Oil as a representative foreign oil. EAD assumed that a weighted average of the composition of these two crude oils is a reasonable representation of crude oil composition for the purpose of this study.

EAD also used a specific weight of 0.92 for crude oil in order to convert PAC concentrations reported as mg/ kg to mg/ l. Memorandum 11 December 2003 Page 4 dwcgi 29900 1076425685 642906000. wpd 5) For refined products, EAD assumed a specific weight of 1.0 ( i. e., no need to convert between mg/ kg and mg/ l).

Calculations. Based on the above assumptions, EAD calculated the proportion of each of the 21 TRI PACs that would be present in refinery wastewater. EAD accomplished this by multiplying each product percentage ( shown in Table 4) by its chemical concentration ( from Table 2, for products, or Table 3 for crude oils). EAD then summed all the mass of each PAC, and calculated percentages for each chemical relative to the total mass of all 21 chemicals. These percentages are presented in Table 6. For example, EAD estimated that 17.47 percent of the PACs released in refinery wastewater are benzo( a) anthracene.

EAD calculated the overall TWF by multiplying the chemical proportions by their respective TWFs and summing all the values obtained from 21 PACs ( see Table 6). This calculation resulted in a TWF value of 230.43. The toxic pound equivalent of the combined mass of PACs reported to TRI by petroleum refineries can then be calculated by multiplying the reported PAC releases by 230.43. Memorandum 11 December 2003 Page 5 dwcgi 29900 1076425685 642906000. wpd Table 1: PACs and their TWF's Chemical Name Toxic Weighting Factor Benzo( a) anthracene 180.9752 Benzo( a) phenanthrene ( chrysene) 2.1038 Benzo( a) pyrene 4283.5600 Benzo( b) fluoranthene 421.3560 Benzo( j) fluoranthene Benzo( k) fluoranthene 42.1356 Benzo( j, k) fluorene ( fluoranthene) 0.8030 Benzo( r, s, t) pentaphene Dibenz( a, h) acridine Dibenz( a, j) acridine Dibenzo( a, h) anthracene 1693.0160 Dibenzo( a, e) fluoranthene Dibenzo( a, e) pyrene Dibenzo( a, h) pyrene Dibenzo( a, l) pyrene 7H Dibenzo( c, g) carbazole 7,12 Dimethylbenz( a) anthracene Indeno( 1,2,3 cd) pyrene 1.1388 3 Methylcholanthrene 5 Methylchrysene 1 Nitropyrene Memorandum 11 December 2003 Page 6 dwcgi 29900 1076425685 642906000. wpd Table 2: PAC Composition of a Number of Petroleum Products Chemical Name Gasoline1 Kerosene2 No. 2 Diesel Fuels3 Bunker C No. 6 Oil4 Paving Asphalt5 Lube Oil6 mg/ L ppm ( wt/ vol) mg/ L or mg/ kg mg/ kg Benzo( a) anthracene 4.30 0.75 0.80 90.00 90.00 0.68 Benzo( a) phenanthrene ( chrysene) 2.00 2.00 3.40 196.00 80.00 3.20 Benzo( a) pyrene 1.80 0.50 nd 44.00 1.30 0.23 Benzo( b) fluoranthene 0.75 0.62a Benzo( j) fluoranthene Benzo( k) fluoranthene 0.50 1.80 Benzo( j, k) fluorene ( fluoranthene) 6.50 4.00 2.80 240.00 2.00 Benzo( r, s, t) pentaphene Dibenz( a, h) acridine 0.20 Dibenz( a, j) acridine Dibnezo( a, h) anthracene 0.75 4.60 Dibenzo( a, e) fluoranthene Dibnezo( a, e) pyrene 0.45 Dibenzo( a, h) pyrene 1.00 Dibenzo( a, l) pyrene 7H Dibenzo( e, g) carbazole 7,12 Dimethylbez( a) anthracene Indeno( a, 2,3 cd) pyrene 2.00 3 Methylcholanthrene 0.10 5 Methylchrysene 6.00 1 Nitropyrene nd = nondetect a Value for benzofluoranthenes. Source: Data compiled in the American Petroleum Institute's ( API's) Transport and Fate of non BTEX Petroleum Chemicals in Soil and Groundwater ( API Publication number 4593, September 1994, Appendix A). See Docket Section 4.6, DCN 00407. 1 See Table A 8 ( Guerine, 1977). 2 See Table A 11 ( Goodman and Haribons 198?). 3 See Table A 14 ( Page et al, 1994). 4 See Table A 15 ( Pancirov and Brown, 1975). 5 See Table A 15 ( Malaiyandi et al 1982). 6 See Table A 16 ( Eisenberg et al, 1988). Memorandum 11 December 2003 Page 7 dwcgi 29900 1076425685 642906000. wpd Table 3: PAC Composition of Crude Oils ( mg/ kg)

Chemical Name South Louisiana Crude Oil7 Alberta Crude Oil8 Weighted Average Benzo( a) anthracene 1.7000 0.6645 Benzo( a) phenanthrene ( chrysene) 17.5600 30.0000 25.1372 Benzo( a) pyrene 0.7500 nd 0.2932 Benzo( b) fluoranthene 0.5000 4.0000 2.6319 Benzo( j) fluoranthene 0.9000 0.3518 Benzo( k) fluoranthene 1.3000 0.5082 Benzo( j, k) fluorene ( fluoranthene) 5.0000 6.0000 5.6091 Benzo( r, s, t) pentaphene Dibenz( a, h) acridine Dibenz( a, j) acridine Dibenzo( a, h) anthracene Dibenzo( a, e) fluoranthene Dibenzo( a, e) pyrene Dibenzo( a, h) pyrene Dibenzo( a, l) pyrene 7H Dibenzo( c, g) carbazole 7,12 Dimethylbenz( a) anthracene Indeno( a, 2,3 cd) pyrene 3 Methylcholanthrene 3.0000 1.8273 5 Methylchrysene 1 Nitropyrene nd = nondetect Source: Data compiled in the American Petroleum Institute's ( API's) Transport and Fate of non BTEX Petroleum Chemicals in Soil and Groundwater ( API Publication number 4593, September 1994, Appendix A). See Docket Section 4.6, DCN 00407. 7 See Table A 3 ( Pancirov and Brown, 1975). 8 See Table A 4 ( Benner et al. 1990). Memorandum 11 December 2003 Page 8 dwcgi 29900 1076425685 642906000. wpd Table 4: Supply and Disposition of Crude Oil and Petroleum Products Finished Petroleum Products 1000 bbl/ year % ( products only) volume % ( Total) Finished Motor Gasoline 2,910,056 48.08% 25.16% Reformulated 939,493 Oxygenated 2,221 Other 1,928,342 Finished Aviation Gasoline 6,543 0.11% 0.06% Jet Fuel 587,974 9.71% 5.08% Naphtha Type 75 Kerosene Type 587,899 Kerosene 23,860 0.39% 0.21% Distillate Fuel Oil 1,310,158 21.65% 11.33% 0.05% Sulfur and under 905,064 Greater than 0.05% sulfur 405,094 Residual Fuel Oil 254,843 4.21% 2.20% Naphtha For Petro. Feed. Use 74,039 1.22% 0.64% Other Oils For Petro. Feed Use 71,762 1.19% 0.62%

Special Naphthas 21,868 0.36% 0.19% Lubricants 65,687 1.09% 0.57% Waxes 6,478 0.11% 0.06% Petroleum Coke 266,107 4.40% 2.30% Asphalt and Road Oil 192,223 3.18% 1.66% Still Gas 241,365 3.99% 2.09% Miscellaneous Products 19,957 0.33% 0.17% Total Products 6,052,920 100% 52.33%

Crude Oil 5,514,395  47.67%

TOTAL VOLUME OF PRODUCTS & CRUDE OIL 11,567,315  100%

Source: EIA: Petroleum Supply Annual 2000, Vol 1, Page 34 Memorandum 11 December 2003 Page 9 dwcgi 29900 1076425685 642906000. wpd Table 5: Products for Which PAC Composition Is Not Available Product PAC Composition taken from Finished Aviation Gasoline Gasoline Jet Fuel Gasoline Miscellaneous Products Gasoline Naphtha For Petro. Feed. Use Gasoline Other Oils For Petro. Feed Use Gasoline Petroleum Coke Paving Asphalt Special Naphtha Gasoline Still Gas Gasoline Waxes Lube Oil Memorandum 11 December 2003 Page 10 dwcgi 29900 1076425685 642906000. wpd Table 6: Calculation of Toxic Weighting Factor for PACs Chemical Name Toxic Weighting Factor Chemical Percentage Adjusted TWF Benzo( a) anthracene 180.9752 17.47% 31.62 Benzo( a) phenanthrene( chrysene) 2.1038 46.29% 0.97 Benzo( a) pyrene 4283.5600 4.17% 178.46 Benzo( b) fluoranthene 421.3560 2.74% 11.54 Benzo( j) fluoranthene 0.36% Benzo( k) fluoranthene 42.1356 0.70% 0.29 Benzo( j, k) fluorene( fluoranthene) 0.8030 24.32% 0.20 Benzo( r, s, t) pentaphene Dibenz( a, h) acridine 0.00% Dibenz( a, j) acridine Dibezo( a, h) anthracene 1693.0160 0.43% 7.35 Dibenzo( a, e) fluoranthene Dibenzo( a, e) pyrene 0.00% Dibenzo( a, h) pyrene 0.00% Dibenzo( a, l) pyrene 7H Dibenzo( c, g) carbazole 7,12 Dimethylbenz( a) anthracene Indeno( 1,2,3 cd) pyrene 1.1388 0.01% 0.00 3 Methylcholanthrene 0.00% 5 Methylchrysene 3.50% 1 Nitropyrene Total 230.43 Memorandum 11 December 2003 Page 11 dwcgi 29900 1076425685 642906000. wpd


<EPA REGISTRATION DIVISION COMPANY NOTICE OF FILING FOR PESTICIDE
PETITIONS PUBLISHED IN THE FEDERAL REGISTER (3/4/2011)>

<EPA Registration Division contact: Laura Nollen,<PHONE_NUMBER>>

<Interregional Research Project Number 4 (IR-4)>

<Petition Number 1E7853>

<	EPA has received a pesticide petition, 1E7853, from IR-4, 500 College
Road East, Suite 201 W, Princeton, NJ  08540 proposing, pursuant to
section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a(d), to amend 40 CFR part 180.516 by establishing a tolerance
for residues of fludioxonil (4-(2,
2-difluoro-1,3-benzodioxol-4-yl)-1H-pyrrole-3-carbonitrile) in or on the
following raw agricultural commodities: acerola, at 5.0 parts per
million (ppm); atemoya, at 20 ppm; biriba, at 20 ppm; cherimoya, at 20
ppm; custard apple, at 20 ppm; feijoa, at 5.0 ppm; guava, at 5.0 ppm;
ilama, at 20 ppm; jaboticaba, at 5.0 ppm; passionfruit, at 5.0 ppm;
soursop, at 20 ppm; starfruit, at 5.0 ppm; sugar apple, at 20 ppm; wax
jambu, at 5.0 ppm; ginseng, at 3.0 ppm; onion, bulb subgroup 3-07A at
0.2 ppm; onion, green subgroup 3-07B, at 7.0 ppm; caneberry subgroup
13-07A, at 5.0 ppm; bushberry subgroup 13-07B, at 2.0 ppm; fruit, small
vine climbing, except fuzzy kiwifruit, subgroup 13-07F, at 1.0 ppm;
berry, low growing, subgroup 13-07G, except cranberry, at 2.0 ppm;
vegetable, fruiting, group 8-10, except tomato, at 0.7 ppm; fruit,
citrus, group 10-10, at 10 ppm; fruit, pome, group 11-10, at 5.0 ppm;
leafy greens subgroup 4A, at 30 ppm; potato, at 6.0 ppm; pineapple, at
8.0 ppm; and dragon fruit, at 1.0 ppm. >

<

	The petition additionally requests to amend 40 CFR part 180.516 by
revising the tolerance for residues of fludioxonil in or on the
following raw agricultural commodities: avocado, from 0.45 ppm to 5.0
ppm; sapote, black from 0.45 ppm to 5.0 ppm; canistel, from 0.45 ppm to
5.0 ppm; sapote, mamey from 0.45 ppm to 5.0 ppm; mango, from 0.45 ppm to
5.0 ppm; papaya, from 0.45 ppm to 5.0 ppm; sapodilla, from 0.45 ppm to
5.0 ppm; star apple, from 0.45 ppm to 5.0 ppm; longan, from 1.0 ppm to
20 ppm; lychee, from 1.0 ppm to 20 ppm; pulasan, from 1.0 ppm to 20 ppm;
rambutan, from 1.0 ppm to 20 ppm; Spanish lime, from 1.0 ppm to 20 ppm;
and tomato, from 0.50 ppm to 3.0 ppm.

Upon approval of the aforementioned tolerances, the petition finally
requests to amend 40 CFR 180.516 by removing the established tolerances
for residues of fludioxonil in or on the following raw agricultural
commodities: onion, bulb, at 0.2 ppm; onion, green, at 7.0 ppm;
caneberry subgroup 13A, at 5.0 ppm; bushberry subgroup 13B, at 2.0 ppm;
Juneberry, at 2.0 ppm; lingonberry, at 2.0 ppm; salal, at 2.0 ppm;
grape, at 1.0 ppm; strawberry, at 2.0 ppm; vegetable, fruiting, group 8,
at 0.01 ppm; tomatillo, at 0.50 ppm; fruit, citrus, group 10, at 10 ppm;
fruit, pome, group 11, at 5.0 ppm; and leafy greens subgroup 4A, except
spinach, at 30 ppm.

EPA has determined that the petition contains data or information
regarding the elements set forth in section 408 (d)(2) of  FDDCA;
however, EPA has not fully evaluated the sufficiency of the submitted
data at this time or whether the data supports granting of the petition.
Additional data may be needed before EPA rules on the petition.>

<A. Residue Chemistry>

<1. Plant metabolism.  The metabolism of fludioxonil is adequately
understood for the purpose of the proposed tolerances.

>

<2. Analytical method. Syngenta has developed and validated analytical
methodology for enforcement purposes. This method (Syngenta Crop
Protection Method AG-597B) has passed an Agency petition method
validation for several commodities, and is currently the enforcement
method for fludioxonil. This method has also been forwarded to the Food
and Drug Administration for inclusion into PAM II. An extensive database
of method validation data using this method on various crop commodities
is available.    >

3. Magnitude of residues. Complete residue data to support the requested
tolerances have been submitted. The requested tolerances are adequately
supported.

In support of the requested tolerance, IR-4 has conducted the necessary
trials in accordance with the requirements of the EPA Residue Chemistry
Guidelines 860.1500 to determine the magnitude of residue of fludioxonil
in or on requested commodities.

<B. Toxicological Profile

>

An assessment of toxic effects caused by fludioxonil is discussed in
Unit III. A. and Unit III. B. of the Federal Register published by EPA
dated August 2, 2002 (67 FR 50354) (FRL-7188-7) and is repeated in part
below.

Carcinogenic and Other Toxicity

<>

Study Type             	Results

Carcino-genicity rats      	NOAEL = 590 mg/kg/day (M) and 715 mg/kg/day
(F). LOAEL: 851 mg/kg/day (M) and 1,008 mg/kg/ day (F) based on reduced
survival (F), decreased body weights (M), bile duct hyperplasia (M) and
severe nephropathy(both sexes). No evidence of carcinogenicity.

In vivo Rat hepatocyte micronucleus assay                	Male rats were
orally dosed at 50, 250, and 1,250 mg/kg and hepatocytes were harvested.
There was no evidence of a significant increase in micronucleated
hepatocytes in treated groups in comparison to controls.

Unscheduled DNA synthesis assay  	There was no evidence that unscheduled
DNA synthesis, as determined by nuclear silver grain counts, was induced
in hepatocyte cultures obtained from male rats dosed at 2,500 or 5,000
mg/kg.

Summary of Toxicological Dose and Endpoints for Fludioxonil for Use in
Human Risk Assessment

Exposure Scenario       	Dose Used in Risk Assessment, UF
      	FQPA SF and Level of Concern for Risk Assessment     	Study and
Toxicological Effects

Acute Dietary females 13-50 years of age
                            	NOAEL = 100 mg/kg/day

UF = 100

Acute RfD = 1.0 mg/kg/day.                         	FQPA SF = 1X

aPAD = acute RfD ÷ FQPA

SF = 1.0 mg/kg/day.                           	Developmental Toxicity
Study – rat

Developmental LOAEL =1,000 mg/kg/day based on increased incidence of
fetuses and litters dilated renal pelvis and with dilated ureter

Chronic Dietary all populations
                                                         	NOAEL= 3.3
mg/kg/day UF = 100

Chronic RfD = 0.03 mg/ kg/day.
                                             	FQPA SF = 1X

cPAD = chronic RfD FQPA SF = 0.03 mg/kg/day.

1 year chronic toxicity study – dog

LOAEL = 35.5 mg/kg/day based on decreased weight gain in female dogs

Incidental Oral, Short-Term
                                                       	NOAEL = 10
mg/kg/day
                             	LOC for MOE = 100	Rabbit developmental
study

LOAEL = 100 mg/kg/day based on decreased weight gain during gestation

Incidental Oral, Intermediate-Term
                                                     	NOAEL = 3.3
mg/kg/day    	LOC for MOE = 100        	1 year chronic toxicity study -
dog

LOAEL = 35.5 mg/kg/day based on decreased weight gain in female dogs

Short-and Intermediate Term Dermal (1-30 days and 1-6 months)
(Residential)                                        	None
      	No systemic toxicity      was seen at the limit dose (1,000
mg/kg/day) in the 28-day dermal toxicity study in rats  	Endpoint was
not selected

Long-Term (several months-lifetime) Dermal (Residential)

Oral study

NOAEL = 3.3 mg/kg/day (dermal penetration =  40%).

        	LOC for MOE = 100 (Occupational)

LOC for MOE = 100 (Residential).                         	1 year chronic
toxicity study - dog

LOAEL = 35.5 mg/kg/day based on decreased weight gain in female dogs

Short-Term (1-30 Days) Inhalation (Residential)
                                                              	Oral
NOAEL = 10 mg/kg/ day (inhalation absorption rate = 100%)
            	LOC for MOE = 100 (Occupational)

LOC for MOE = 100(Residential).                        	Rabbit
developmental study

LOAEL = 100 mg/kg/day based on decreased weight gain during gestation

Intermediate-term (1 month - 6 months) Inhalation (Residential)	Oral
NOAEL = 3.3 mg/kg/ day (inhalation absorption rate = 100%)
          	LOC for MOE = 100                        (Occupational)

LOC for MOE = 100(Residential).                            	 1 year
chronic toxicity study - dog                                     LOAEL =
35.5 mg/kg/day based on decreased weight gain in female dogs

Long-Term (several months-lifetime) Inhalation (Residential)   	Oral
NOAEL = 3.3 mg/kg/day (inhalation absorption rate = 100%)         	LOC
for MOE = 100(Occupational)  LOC for MOE = 100(Residential).
                       	1 year chronic toxicity study – dog

LOAEL = 35.5 mg/kg/day based on decreased weight gain in female dogs

<>

<6. Animal metabolism. The metabolism of fludioxonil in rats is
adequately understood.

                                                        >

<7. Metabolite toxicology. The residue of concern for tolerance setting
purposes is the parent compound. Consequently, there is no additional
concern for toxicity of metabolites.

>

<8. Endocrine disruption. Fludioxonil does not belong to a class of
chemicals known for having adverse effects on the endocrine system. No
estrogenic effects have been observed in the various short- and
long-term studies conducted with various mammalian species.

C. Aggregate Exposure>

<1. Dietary exposure.  Tier III acute and chronic dietary exposure
evaluations were performed for fludioxonil using the Dietary Exposure
Evaluation Model (DEEM-FCIDTM, version 2.16) from Exponent.  These
exposure assessments included all current uses as well as proposed
foliar uses on peppers (bell and non-bell) and spinach, a irrigation use
on ginseng, and post-harvest uses on pineapples, potatoes,  tropical
fruits and tomatoes. These assessments utilized residue data from field
trials where fludioxonil was applied at the maximum intended use rate
and samples were harvested at the minimum pre-harvest interval (PHI) to
obtain maximum residues.    Empirically derived processing factors for
apple juice (0.09X), apple pomace (6.77X), tomato puree (0.34X), tomato
paste (1.1X), and citrus oil (50X) were used in these assessments.  The
apple juice processing factor was used as a surrogate for pear juice.
All other processing factors used the DEEMTM defaults.  All consumption
data for these assessments was taken from the USDA’s Continuing Survey
of Food Intake by individuals (CSFII) with the 1994-96 consumption
database and the Supplemental CSFII children’s survey (1998)
consumption database.  Percent of crop treated values were estimated
based upon economic, pest and competitive pressures.  Secondary residues
in animal commodities were estimated based on “maximum reasonably
balanced diets” and transfer information from metabolism studies.

>

<i. Food.  Acute exposure.  The acute dietary (food only) risk
assessment for females 13 to 49 years old (the only population subgroup
for which an acute toxicological endpoint has been established) was
performed using an acute reference dose (aRfD) of 1.0 mg/kg-bw/day,
based upon a rat teratology study with a no observed adverse effect
level (NOAEL) of 100 mg/kg/day and an uncertainty factor (UF) of 100X
for intra- and inter-species variations; no additional FQPA safety
factor was applied.  For the purpose of the aggregate risk assessment,
the exposure value was expressed in terms of margin of exposure (MOE),
which was calculated by dividing the no observed adverse effect level
(NOAEL) by the exposure for each population subgroup.  In addition,
exposure was expressed as a percent of the acute reference dose (%
aRfD).  Acute exposure to the females 13-49 years subpopulation resulted
in a MOE of 1,193 or 8.4% of the aRfD (Benchmark MOE = 100; aRfD= 1.0
mg/kg-bw/day).  Since the Benchmark MOE for this assessment was 100 and
since the EPA generally has no concern for exposures below 100% of the
aRfD, Syngenta believes that there is a reasonable certainty that no
harm will result from dietary (food) exposure to residues arising from
the current, pending and proposed uses for fludioxonil.

Chronic exposure.  The chronic reference dose (RfD) for fludioxonil is
0.033 mg/kg-bw/day, based upon a one-year study in dogs with a NOAEL of
3.3 mg/kg-bw/day and an uncertainly factor of 100X; no additional FQPA
safety factor was applied.  For the purpose of the aggregate risk
assessment, the exposure values were expressed in terms of margin of
exposure (MOE), which was calculated by dividing the no observed adverse
effect level (NOAEL) by the exposure for each population subgroup.  In
addition, exposure was expressed as a percent of the chronic reference
dose (%cRfD).  Chronic exposure to the U.S. population resulted in a MOE
of 751 or 13.3% of the cRfD (Benchmark MOE = 100; cRfD = 0.033
mg/kg-bw/day).  Chronic exposure to the most exposed subpopulation
(children 1-2 years old) resulted in a MOE of 251 or 39.8% of the cRfD
(Benchmark MOE = 100; cRfD = 0.033 mg/kg-bw/day).  Since the Benchmark
MOE for this assessment was 100 and since the EPA generally has no
concern for exposures below 100% of the cRfD, Syngenta believes that
there is a reasonable certainty that no harm will result from dietary
(food) exposure to residues arising from the current, pending and
proposed uses for fludioxonil.

>

<ii. Drinking water. The Estimated Drinking Water Concentrations (EDWCs)
of fludioxonil were determined using Tier l SCI-GROW, which estimates
pesticide concentrations in ground water and Tier II PRZM/EXAMS which
estimates pesticide concentrations in surface water.  This drinking
water assessment was conducted to assess all currently registered uses
and the proposed uses on spinach, celery, peppers, ginseng, as well as
the proposed post-harvest uses on potatoes, pineapples, tropical fruits,
and tomatoes.  The post-harvest uses have no impact on drinking water
because post-harvest treatment is an indoor use posing negligible impact
to drinking water concentrations.  For ground water, the currently
registered use on professional turf provided the highest EDWC of
2.02E-01 ppb (acute and chronic).  For surface water, the currently
registered field grown and landscape ornamental provided the highest
acute EDWC of 44.102 ppb and the currently registered use on turf
provided the highest chronic EDWC of 32.79 ppb.  No Percent Cropped Area
(PCA) adjustments were made for the surface water EDWCs.  Since the
surface water EDWCs exceed the ground water EDWC, the surface water
values were used for risk assessment purposes and will be considered
protective for any ground water exposure concerns.

The acute EDWC of 44.102 ppb (0.044102 ppm) was incorporated with food
residues as “water, direct and indirect, all sources” directly into
the DEEM-FCID™ software to obtain acute dietary (food and water)
exposures.  Drinking water exposures at the 99.9th percentile to
fludioxonil for females 13-49 years old (the only population subgroup
for which an acute toxicological endpoint has been established) resulted
in a MOE of 78,864 or 0.1% of the aRfD (Benchmark MOE = 100; aRfD= 1.0
mg/kg-bw/day).  Since the Benchmark MOE for this assessment was 100, and
since the EPA generally has no concern for exposures below 100% of the
aRfD, Syngenta believes that there is a reasonable certainty that no
harm will result from acute drinking water exposure to residues arising
from all current, pending and proposed uses for fludioxonil.

Chronic Exposure from Drinking Water:  The chronic EDWC of 32.79 ppb
(0.03279 ppm) was incorporated with food residues as “water, direct
and indirect, all sources” directly into the DEEM-FCID™ software to
obtain chronic dietary (food and water) exposures.  Chronic drinking
water exposure to the U.S. population resulted in a MOE of 4,775 (2.1%
of the cRfD of 0.033 mg/kg-bw/day).  The most sensitive sub-population
was all infants (<1 year old), with a MOE of 1,456 or 6.9% of the cRfD
(Benchmark MOE = 100; cRfD= 0.033 mg/kg-bw/day).  Since the Benchmark
MOE for this assessment was 100 and since the EPA generally has no
concern for exposures below 100% of the cRfD, Syngenta believes that
there is a reasonable certainty that no harm will result from chronic
drinking water exposure to residues arising from all current, pending
and proposed uses for fludioxonil.

Cancer.  A chronic cancer exposure analysis was not performed, since
there is no evidence of human carcinogenic potential for fludioxonil.

	>

<2. Non-dietary exposure.  There is a potential for residential
post-application exposure to adults and children entering residential
areas treated with fludioxonil.  Fludioxonil is currently registered for
professionally applied uses on turf grass and ornamentals in residential
landscapes.  The Syngenta short-term and intermediate-term residential
risk assessments were based on the maximum label rate for turf grass of
0.68 lb a.i./A (0.50 oz product/1000ft2) with a maximum of three
applications allowed per year (0.68 lb a.i./A x 3 apps = 2 lb
a.i./A/year).  In these residential risk assessments, a short-term NOAEL
of 10 mg/kg-bw/day from a rabbit developmental study was selected as
well as an intermediate-term NOAEL of 3.3 mg/kg-bw/day from a one year
dog feeding study.  Residential post-application dermal assessments were
not conducted since short-term and intermediate-term dermal endpoints
were not established by the EPA and there were no developmental concerns
with fludioxonil.  The residential risk assessments were limited to
children since the only route of exposure was incidental oral ingestion
via hand-to-mouth activity and object-to-mouth (grass and soil
ingestion).  The combined short-term MOE for children 1-6 years was 784
and the combined intermediate-term MOE for children 1-6 years was 445.
Since the Benchmark MOE for this assessment was 100, Syngenta believes
that there is a reasonable certainty that no harm will result from
exposures arising from residential uses of fludioxonil.

D. Cumulative Effects>

<Cumulative Exposure to Substances with a Common Mechanism of Toxicity.
Section 408(b)(2)(D)(v) of FFDCA requires that, when considering whether
to establish, modify, or revoke a tolerance, the Agency consider
“available information” concerning the cumulative effects of a
particular pesticide’s residues and “other substances that have a
common mechanism of toxicity.”  Unlike other pesticides for which the
EPA has followed a cumulative risk approach based on a common mechanism
of toxicity, the EPA has not made a common mechanism of toxicity finding
as to fludioxonil and any other substances, and fludioxonil does not
appear to produce a toxic metabolite produced by other substances.  For
the purposes of this tolerance action, the EPA has not assumed that
fludioxonil has a common mechanism of toxicity with other substances.

>

<E. Safety Determination>

<1. U.S. population. An acute toxicological endpoint has not been
established for the U.S. population, so an acute exposure assessment was
not performed for the U.S. population.  The chronic aggregate exposure
analysis showed that exposure from all current and proposed fludioxonil
uses resulted in a MOE of 649 or 15.4% of the cRfD (Benchmark MOE = 100;
cRfD= 0.033 mg/kg-bw/day).  A cancer exposure analysis was not performed
since there is no evidence of human carcinogenic potential for
fludioxonil.  Since the worst-case aggregate MOE of 649 exceeds the
benchmark MOE of 100, Syngenta believes that there is a reasonable
certainty that no harm will result from aggregate exposure to residues
arising from all current, pending and proposed fludioxonil uses,
including anticipated dietary exposure from food, water, and all other
types of non-occupational exposures.

>

<2. Infants and children. An acute toxicological endpoint has not been
established for infants and children, so an acute exposure assessment
was not performed for infants and children.  The chronic aggregate
exposure analysis showed that exposure from all established and proposed
fludioxonil uses resulted in a MOE of 233 or 43.0% of the cRfD
(Benchmark MOE = 100; cRfD= 0.033 mg/kg-bw/day) for children (1-2 years
old).  A cancer exposure analysis was not performed, since there is no
evidence of human carcinogenic potential for fludioxonil.  The short-
term aggregate assessment resulted in MOE of 409, for the children (1-6
years old) population subgroup (Benchmark MOE = 100).  The intermediate-
term aggregate assessment resulted in MOE of 173, for the children (1-6
years old) population subgroup (Benchmark MOE = 100).   Since the
worst-case aggregate MOE of 173 exceeds the Benchmark MOE of 100,
Syngenta believes that there is a reasonable certainty that no harm will
result from aggregate exposure to residues arising from all current,
pending and proposed fludioxonil uses, including anticipated dietary
exposure from food, water, and all other types of non-occupational
exposures.

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ἀcarcinogenic potential for fludioxonil.  Since the worst-case
aggregate MOE of 805 exceeds the Benchmark MOE of 100, Syngenta believes
that there is a reasonable certainty that no harm will result from
aggregate exposure to residues arising from all current, pending and
proposed fludioxonil uses, including anticipated dietary exposure from
food, water, and all other types of non-occupational exposures.

>

<F. International Tolerances>

Codex Maximum Residue Limits (MRLs) for residues of fludioxonil per se
have been established on a number of commodities, including apples,
beans, berries, cabbage, citrus fruits, cucumber, egg plant, kiwifruit,
lettuce, melons (except watermelon), peas (dry), peas (pods and
succulent=immature seeds), peas (pods and succulent seeds), peppers,
sweet, pome fruits, squash, summer, straw and fodder (dry) of cereal
grains and tomato.

 PAGE

 PAGE   2


[Federal Register: March 21, 2006 (Volume 71, Number 54)]
[Notices]
[Page 14272-14275]
[DOCID:fr21mr06-130]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53488; File No. SR-NASD-2006-015]

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Notice of Filing of Proposed Rule Change and Amendment
Nos. 1 and 2 Thereto To Establish the Nasdaq Halt Cross

March 15, 2006.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on January 31, 2006, the National Association of Securities Dealers,
Inc. (``NASD''), through its subsidiary, The Nasdaq Stock Market, Inc.
(``Nasdaq''), filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by Nasdaq. On February
16, 2006, Nasdaq filed Amendment No. 1 to the proposed rule change. On
March 6, 2006, Nasdaq filed Amendment No. 2 to the proposed rule
change. The Commission is publishing this notice to solicit comments on
the proposed rule change, as amended, from interested persons.
---------------------------------------------------------------------------

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

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

    Nasdaq proposes to improve the opening process for Nasdaq
securities that are the subject of a trading halt initiated pursuant to
NASD Rule 4120(a). The text of the proposed rule change is available on
Nasdaq's Web site, http://www.nasdaq.com, at Nasdaq's principal office,

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, Nasdaq included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposal. The text of these
statements may be examined at the places specified in Item IV below.
Nasdaq 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 the
Statutory Basis for, the Proposed Rule Change

3. Purpose
    Nasdaq is proposing to establish an opening cross for the trading
of Nasdaq-listed securities that have been the subject of a trading
halt initiated pursuant to NASD Rule 4120(a)(1), (4), (5), (6), or (7)
(``Halt Cross'').\3\ The Halt Cross will integrate quotes and orders
that are entered prior to the resumption of trading in a halted stock,
create an unlocked inside bid and offer in the Nasdaq Market Center,
and facilitate an orderly process for opening trading at the time
specified by Nasdaq pursuant to NASD Rule 4120.
---------------------------------------------------------------------------

    \3\ The Halt Cross will not be used to open the market following
a trading halt initiated under NASD Rule 4120(a)(2) or (3), which
apply only to securities governed by the Consolidated Quotation
System national market system plan.
---------------------------------------------------------------------------

The Current Process

    Currently, Nasdaq opens the trading of Nasdaq stocks that have been
the subject of a trading halt using the process described in NASD Rule
4704(c), which also governs stocks that are not designated to
participate in the Opening Cross. For halted securities, that process
has three components: (1) The Halt Period; (2) the Quotation Only
Period; and (3) Trade Resumption. During the Halt Period, the entry of
quotations and orders into Nasdaq systems is prohibited. When Nasdaq
MarketWatch determines pursuant to NASD Rule 4120 that trading should
resume, a message is sent to market participants establishing a 15-
minute Quotation Only Period where quotes and orders can be entered
into Nasdaq systems but no executions occur. When the Quotation Only
Period ends, another message is sent to market participants signaling
the resumption of trading, and the opening process described in NASD
Rule 4704(c) occurs. The current process executes quotes and orders
that would lock or cross the market in a fair and orderly manner and
creates an unlocked and uncrossed bid and offer for the opening of
trading. Nasdaq has determined, however, that the process can be
improved.

The New Process

    Of the three components described above, only the Halt Period will
remain as it is today. The Quotation Only Period will remain at 15
minutes for Initial Public Offerings (``IPOs'') but will be shortened
from 15 minutes to 5 minutes for all other halts. The Quotation Only
Period will also be modified to provide for: (1) The dissemination of
the net Order Imbalance Indicator (``NOII'') containing the same data
elements currently disseminated prior to the Opening and Closing
Crosses; (2) an ``Imbalance Detection Process;'' and (3) an Imbalance
Delay. Nasdaq will modify Trade Resumption to provide for a processing
of the Halt Cross and for the addition of a delay of between zero and
15 seconds (randomly selected) to minimize potential gaming behavior by
market participants during Trade Resumption. The new process will be
codified in proposed NASD Rule 4703, and language in NASD Rule 4704(c)
describing the current process will be removed. Each of these
modifications will be described in more detail below.
    The Net Order Imbalance Indicator. Nasdaq proposes to disseminate
the NOII prior to the Halt Cross, just as it does prior to the Opening
and Closing Crosses. The NOII for the Halt Cross will contain the same
data elements, reflecting the current state of the market leading into
the Cross: (1) The Inside Match Price, which is the price at which the
maximum number of shares of eligible quotes and orders would be paired;
(2) the number of shares represented by eligible quotes and orders that
are paired at the Inside Match Price; (3) the number of shares in any
imbalance at the Inside Match Price; and (4) the buy/sell direction of
that imbalance at the Inside Match Price.
    In order to increase efficiency, Nasdaq will maintain the same
programming format for the NOII distributed during the Halt Cross as
distributed during the Opening and Closing Cross. To maintain that
uniformity, Nasdaq will disseminate an indicative clearing price range
at which the Halt Cross would occur if the Halt Cross were to occur at
that time. The two indicative prices in that range and the inside match
price will, however, each be identical values because, in the absence
of order types unique to the IPO and Halt Cross, the inside match price
and indicative price range will each be calculated based upon the same
order set, resulting in the same price output. The NOII for the Halt
Cross will be disseminated every five seconds throughout the Quotation
Only Period.
    The NOII disseminated prior to the Halt Cross will differ in
several ways from those disseminated prior to the Opening and Closing
Crosses. First, the Halt Cross NOII will be based on different order
types. The NOII for the Opening and Closing Crosses includes
information about On Open and On Close order types, in addition to
quotations and regular and extended hours orders for each time in force
(Total Day, Day, Good-till-Canceled, and Immediate or Cancel). The NOII
for the Halt Cross will include quotations, regular hours orders, and
extended hours orders but not On Open or On Close orders. This
difference is necessary because Nasdaq has determined not to support On
Open and On Close order types in the middle of the trading day when the
Halt Cross will occur. In Nasdaq's view, On Open and On Close Orders
are impractical for an IPO or other halt where quoting and trading can
resume at variable times and, thereby, could increase the potential of
confusion or gaming behavior.
    Second, the NOII for the Halt Cross will disseminate the same value
for the Inside Match Price, Near Indicative Clearing Price and Far
Indicative Clearing Price. This is based, in part, on the fact that,
unlike during the opening and closing, during a halt, there is no firm
inside quotation and the inside can be locked or crossed. For both the
open and close, the Nasdaq inside is subject to automatic execution
which provides a reliable price upon which to base an inside match
calculation. In addition, the Halt Cross does not include On Open and
On Close orders. On Open and On Close orders are available to absorb
liquidity during the Opening and Closing Crosses and do affect the Near
and Far Indicative Clearing Price data elements prior to the Opening
and Closing Crosses. Due to these differences, Nasdaq concluded that
calculating the Near and Far Indicative Clearing Prices could create
ambiguous data. Nasdaq proposes to disseminate the Near and Far
Indicative Clearing Price fields with identical values to the inside
match price in order to avoid requiring market participants to re-
program their systems to accept a different NOII.
    Third, the Inside Match Price (and thus the Near and Far Indicative
Clearing Prices) will be calculated using the following algorithm.
First, the system will determine the price(s) that maximizes the number
of shares paired. If more than one such price exists, the system will
select the price that minimizes the imbalance of shares unpaired, and
does not leave unexecuted shares at a superior price. If more than one
price satisfies both conditions, the next tie breaker will depend on
whether the Halt Cross is for an IPO or another halt. For an IPO halt,
if more than one such price satisfies the above conditions, the system
will select the price that minimizes the distance from the Issuer's IPO
price, which is found in the previous day's close field.

For any other halt, if the stock has already been opened for that day
and more than one price satisfies the above conditions, the system will
select the price that minimizes the distance from the last Nasdaq
Market Center execution prior to the halt. If the security has not been
opened for that day yet and more than one such price exists, the system
will select the price that minimizes the distance from the previous
Nasdaq Official Closing Price.
    Imbalance Detection and Delay Periods. In order to facilitate the
orderly opening of a security in which trading is halted, Nasdaq
proposes to establish an Imbalance Detection Process that would measure
an imbalance against a specified threshold, and to establish an
Imbalance Delay if a liquidity imbalance exceeds that threshold. The
Imbalance Detection Process and Imbalance Delay Period will be based
upon the data contained in the NOII, which, as stated earlier, will be
disseminated every five seconds throughout the Quotation Only Period of
15 minutes for IPOs and 5 minutes for all other halts. Specifically,
Nasdaq will compare the Inside Match Price from the third to last NOII
(T-15 seconds to the Halt Cross) with that of the NOII immediately
prior to the cross (T-1 second) and determine whether the change in
price exceeds a predetermined price or percentage variance threshold.
The threshold will be set initially at 10 percent or fifty cents,
whichever is higher. Nasdaq will monitor the threshold and adjust it
from time to time upon reasonable notice to market participants.
    If the price or percent variance yielded by the Imbalance Detection
Process is within the threshold, trading will resume on schedule. If,
however, the price or percent variance exceeds the threshold, Nasdaq
will delay the Trade Resumption by 5 minutes in the case of IPOs and by
1 minute in the case of all other halts. For IPOs, the Imbalance
Detection Process will be repeated at the end of the Imbalance Delay
Period and a second delay ordered if the price change still exceeds the
threshold. A third delay will be called if the price change exceeds the
threshold at the end of the second Imbalance Delay Period. At the end
of the third Imbalance Delay Period the Imbalance Detection Process
will not be repeated and trading will resume. For all halts other than
IPOs, there can be only a single one-minute Imbalance Delay. At the end
of the one-minute Imbalance Delay, Trade Resumption will occur. Each
time Nasdaq systems impose an Imbalance Delay, Nasdaq will issue a
Delay Notification to Nasdaq market participants.
    Trade Resumption and Halt Cross. When the Quotation Only Period
ends, whether or not followed by one or more Imbalance Delays, Nasdaq
will send market participants the Trade Resumption message. In order to
discourage gaming by market participants, Nasdaq will program the
system to add a random delay of between zero and 15 seconds prior to
issuing the Trade Resumption notification. When the Trade Resumption
notification has been set, the system will conduct the Halt Cross.
    The algorithm for the Halt Cross is similar to the Opening and
Closing Crosses. First, the system will determine the price that
maximizes the number of shares executed. If more than one such price
satisfies that condition, the system will select the price that
minimizes the imbalance of shares unexecuted and does not leave
unexecuted shares at a superior price. If more than one price satisfies
that condition also, the second tie breaker will depend on whether the
cross is for an IPO or another halt. For an IPO, if more than one price
satisfies the above conditions, the system will select the price that
minimizes the distance from the Issuer's IPO price, which is found in
the previous day's close field. For any other halt, if the security has
already been opened for that day and more than one price satisfies the
above conditions, the system will select the price that minimizes the
distance from the last Nasdaq Market Center execution prior to the
halt. If the security has not been opened for that day and more than
one such price satisfies the above conditions, the system will select
the price that minimizes the distance from the previous Nasdaq Official
Closing Price.
    The system will execute all orders in strict price/time priority
starting with the displayed quotation size and then the reserve
quotation size at the most aggressive price level, and then moving to
successive price levels. All orders that are executable will be
executed at the Halt Cross price. As with the Opening and Closing
Crosses, only orders and quotations that are subject to automatic
execution will participate in the Halt Cross.
    For IPOs and for other halts where a security has not previously
opened during the trading day, the Halt Cross execution will be
reported to Nasdaq's trade reporting system with SIZE as the contra
party on both sides of the trade, and then transmitted to the
consolidated tape. The Halt Cross price and the associated paired
volume will then be disseminated via the UTP Trade Data Feed (``UTDF'')
as a bulk print and on the Nasdaq Index Dissemination Service
(``NIDS'') and the Nasdaq Application Program Interface as the Nasdaq
Official Opening Price (``NOOP''). For halts where a security has
already opened during the trading day, the Halt Cross will be reported
to Nasdaq's trade reporting system as a single trade, but it will not
be identified as a bulk print and will not be disseminated as the NOOP.
When the Halt Cross is complete, the execution functionality of the
Nasdaq Market Center will open for regular trading.
    If there is insufficient trading interest to perform the Halt Cross
as described above, trading will resume via the modified opening
process (``MOP'') that is currently used to open Nasdaq stocks where no
Opening Cross occurs as set forth in NASD Rule 4704(c). The MOP has
several steps, each of which occurs in strict time priority. First,
limit orders in the system that have a time-in-force of Day or GTC will
wake-up. Of those, orders whose limit price does not lock or cross the
book will be added to the book. Orders whose limit price does lock or
cross the book will be placed in an ``In Queue'' state in strict time
priority. Second, reverse Pegged orders will wake up. If the price
created by the reverse Pegged order does not lock or cross the book,
the order will be placed on the book. If the price created by the
reverse Pegged order would lock or cross the book, the order will be
placed in ``In Queue'' status. Third, regular Pegged orders will wake
up in strict time priority. Since these orders can only join the
current highest bid or lowest offer price level, they will simply add
depth to the book at that price. The In Queue orders also include
market and IOC and IOX orders in strict time priority.
    At this point, all eligible orders that would not lock or cross the
market will be on the Nasdaq Market Center book, and all other eligible
orders will be In Queue. The system will then process the ``In Queue''
orders, including market orders, in strict time priority order
regardless of order type. IOC and IOX orders that are not executable
will be canceled as is currently done. Orders with a time in force of
DAY and GTC that are not executable will be added to the book in strict
time priority. Once this process is complete, the system will begin
processing the input queue as normal.
    Where no Halt Cross occurs, the NOOP value will be the first Nasdaq
Market Center execution following trade resumption unless the security
has already traded during normal market hours on that trading day. That
price will be disseminated via the NIDS and

UTDF, and Nasdaq feeds. When resuming trading after a halt where the
issue has already traded during normal market hours on that trading
day, NOOP computation will be suppressed.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of section 15A of the Act,\4\ in general, and with
section 15A(b)(6) of the Act,\5\ in particular, in that section
15A(b)(6) requires the NASD's rules to be designed, among other things,
to protect investors and the public interest. Nasdaq's current proposal
is consistent with the NASD's obligations under these provisions of the
Act because it will result in a more orderly opening for stocks that
are the subject of a trading halt initiated under NASD Rule 4120. The
proposed rule change will prevent the occurrence of locked and crossed
markets in halted securities and will preserve price discovery and
transparency that is vital to an effective opening of trading.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78o-3.
    \5\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

    Nasdaq believes that the proposed rule change would impose no
burden on competition that is 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

    Nasdaq did not solicit or receive any written comments with respect
to the proposal.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Nasdaq consents, the Commission will:
    A. By order approve such proposed rule change, or
    B. Institute proceedings to determine whether the proposed rule
change should be disapproved.\6\
---------------------------------------------------------------------------

    \6\ Nasdaq requested that the Commission grant accelerated
approval of the proposed rule change. The Commission will consider
granting accelerated approval after the end of the comment period.
---------------------------------------------------------------------------

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 Number SR-NASD-2006-015 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-NASD-2006-015. 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. Copies of such
filing also will be available for inspection and copying at the
principal office of Nasdaq. 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-NASD-2006-015 and should be submitted on or before April
11, 2006.
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\7\
Nancy M. Morris,
Secretary.
[FR Doc. E6-4058 Filed 3-20-06; 8:45 am]

BILLING CODE 8010-01-P


 Forwarded by Pam Long/ RTP/ USEPA/ US on 10/ 06/ 2003 11: 28 AM  Bill Harnett 08/ 26/ 2003 06: 56 AM To: Pam Long/ RTP/ USEPA/ US@ EPA cc: Subject: For Docket  Forwarded by Bill Harnett/ RTP/ USEPA/ US on 08/ 26/ 2003 06: 56 AM  Bill Harnett 08/ 26/ 2003 06: 55 AM To: Amy_ L._ Farrell@ omb. eop. gov cc: Bill Wehrum/ DC/ USEPA/ US@ EPA Subject: Re: this thought just came to me The rule and language are fine. If a process unit fails the emission or operational limitation then they do a case by case review to see if the activitiy is RMRR. If it is determined that the it is not RMRR but rather a physical change then the main NSR rule apply to see if there is an increase in emissions. AS we have done nothing to change that test it will apply on an emission unit basis as required under the rules.

Amy_ L._ Farrell@ omb. eop. gov 08/ 26/ 2003 12: 31 AM To: Bill Harnett/ RTP/ USEPA/ US@ EPA, Bill Wehrum/ DC/ USEPA/ US@ EPA cc: Subject: this thought just came to me CONTEXT: Draft rule provision: the replacement activity shall not cause the process unit to exceed any emission limitation or operational limitation that has the effect of constraining emissions that applies to the process unit and that is legally enforceable.

From two commenters: Following support for process unit definition.

" However, we urge EPA to make clear in its final rule that this " process unit" definition should only apply for purposes of determining eligibility for the " equipment replacement" RMRR exclusion. The " process unit" definition should not be used to set " emission unit" boundaries for purposes of determining when an emissions increase at a unit triggers an NSR analysis. EPA's rules clearly provide that such an analysis can only consider increases at an individual emissions unit within a process unit. Also, if NSR should be triggered for any emissions unit within a process unit, NSR requirements such as BACT would apply ONLY at that emissions unit. The current NSR regulations clearly establish this restriction, see 40 CFR 52.21( j)( 3), and nothing in EPA's proposal indicates any intention to change it." QUESTION: Does the rule construction in any way cloud the established boundary? Do we need premable clarification?

amy


[Federal Register: December 7, 2009 (Volume 74, Number 233)]
[Rules and Regulations]
[Page 63974-63976]
[DOCID:fr07de09-6]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0739; Airspace Docket No. 09-AEA-14]

Establishment of Class E Airspace; Fort A.P. Hill, VA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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

SUMMARY: This action establishes Class E Airspace at Fort A.P. Hill,
VA. Controlled airspace is necessary to accommodate new Standard
Instrument Approach Procedures (SIAPs) at A.P. Hill AAF, Fort A.P.
Hill, VA. The FAA is taking this action to enhance the safety and
management of Instrument Flight Rules (IFR) operations for SIAPs at the
airport.

DATES: Effective 0901 UTC, February 11, 2010. The Director of the
Federal Register approves this incorporation by reference action under
Title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.9 and publication of conforming amendments.
Comments for inclusion in the Rules Docket must be received on or
before January 21, 2010.

ADDRESSES: Send comments on this rule to: U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Ave, SE., Washington, DC 20590-0001;
Telephone: 1-800-647-5527; Fax:<PHONE_NUMBER>. You must identify the
Docket Number FAA-2009-0739; Airspace Docket No. 09-AEA-14, at the
beginning of your comments. You may also submit and review received
comments through the Internet at http://www.regulations.gov.
    You may review the public docket containing the rule, any comments

received, and any final disposition in person in the Dockets Office
(see ADDRESSES section for address and phone number) between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. An informal
docket may also be examined during normal business hours at the office
of the Eastern Service Center, Federal Aviation Administration, Room
210, 1701 Columbia Avenue, College Park, Georgia 30337.

FOR FURTHER INFORMATION CONTACT: Melinda Giddens, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse
or negative comments, and, therefore, issues it as a direct final rule.
The FAA has determined that this rule only involves an established body
of technical regulations for which frequent and routine amendments are
necessary to keep them operationally current. Unless a written adverse
or negative comment or a written notice of intent to submit an adverse
or negative comment is received within the comment period, the
regulation will become effective on the date specified above. After the
close of the comment period, the FAA will publish a document in the
Federal Register indicating that no adverse or negative comments were
received and confirming the effective date. If the FAA receives, within
the comment period, an adverse or negative comment, or written notice
of intent to submit such a comment, a document withdrawing the direct
final rule will be published in the Federal Register, and a notice of
proposed rulemaking may be published with a new comment period.

Comments Invited

    Although this action is in the form of a direct final rule, and was
not preceded by a notice of proposed rulemaking, interested persons are
invited to comment on this rule by submitting such written data, views,
or arguments as they may desire. An electronic copy of this document
may be downloaded from and comments may be submitted and reviewed at
http://www.regulations.gov. Recently published rulemaking documents can
also be accessed through the FAA's Web page at http://www.faa.gov/
airports_airtraffic/air_traffic/publications/airspace_amendments.
Communications should identify both docket numbers and be submitted in
triplicate to the address specified under the caption ADDRESSES above
or through the Web site. All communications received on or before the
closing date for comments will be considered, and this rule may be
amended or withdrawn in light of the comments received.
    Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. Factual information that supports
the commenter's idea and suggestions is extremely helpful in evaluating
the effectiveness of this action and determining whether additional
rulemaking action would be needed. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. Those wishing the
FAA to acknowledge receipt of their comments submitted in response to
this rule must submit a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2009-0739;
Airspace Docket No. 09-AEA-14.'' The postcard will be date stamped and
returned to the commenter.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 establishes Class E airspace at Fort A.P. Hill, VA, to provide
controlled airspace extending upward from 700 feet above the surface to
accommodate IFR operations for SIAPs at A.P. Hill AAF (Fort A.P. Hill).
Designations for Class E airspace areas extending upward from 700 feet
or more above the surface of the earth are published in FAA Order
7400.9T, dated August 27, 2009, and effective September 15, 2009, which
is incorporated by reference in 14 CFR 71.1. The Class E designations
listed in this document will be published subsequently in the Order.

Agency Findings

    The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among various levels of government. Therefore, it is
determined that this direct final rule does not have federalism
implications under Executive Order 13132.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part, A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes Class E airspace at Fort A.P. Hill, VA.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR Part 71 as follows:

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

0
1. The authority citation for Part 71 continues to read as follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9T, Airspace Designations and Reporting
Points, signed August 27, 2009, effective September 15, 2009, is
amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward from 700 feet
or More Above the Surface of the Earth.
* * * * *

AEA VA E5 Fort A.P. Hill, VA [NEW]

A.P. Hill AAF (Fort A.P. Hill), VA
    (Lat. 38[deg]04[min]07[sec] N., long. 77[deg]19[min]06[sec] W.)
A.P. Hill NDB (Fort A.P. Hill), VA
    (Lat. 38[deg]05[min]16[sec] N., long. 77[deg]19[min]30[sec] W.)

    That airspace extending upward from 700 feet above the surface
within a 6.2-mile radius of the A.P. Hill Army Airfield, and within
7 miles southwest and 3 miles northeast of the 343[deg] bearing from
the A.P. Hill NDB from the 6.2 mile radius to 10 miles northwest of
the NDB.
* * * * *

    Issued in College Park, Georgia, on November 23, 2009.
Michael Vermuth,
Acting Manager, Operations Support Group,Eastern Service Center, Air
Traffic Organization.
[FR Doc. E9-28892 Filed 12-4-09; 8:45 am]

BILLING CODE 4910-13-P


Lancaster " Bump Down" Request Additional Information August 23, 2004 Regulatory Authority Actions Taken to Reduce Emissions of Ozone Precursors Federal Federal Motor Vehicle Control Program ( FMVCP)  Tier I, NLEV & Tier II Standards for Light Duty Vehicles Treatment, Storage, and Disposal Facilities ( TSDFs) for Hazardous Waste Consumer Products Autobody Refinishing  Refinish Materials Architectural and Industrial Maintenance Surface Coatings ( AIM) Onboard Refueling Controls Nonroad Engine Emissions Controls National Emission Standards for Hazardous Air Pollutants ( NESHAPs) Engine and Fuels Controls for Highway Heavy Duty Vehicles State Reasonably Available Control Technology ( RACT) for NOx and VOCs Highway Marking Conversions Source and Process Shutdowns NOx Allowances under the OTC MOU and the NOx SIP Call Additional Architectural and Industrial Maintenance Surface Coatings ( AIM) Additional Autobody Refinishing  Refinish Materials Additional Solvent Cleaning Operations Additional Consumer Products Requirements Portable Fuel Container Requirements Enhanced Emissions Inspection and Maintenance ( I/ M)


Comment Info: =================

General Comment:I'm writing this comment on behalf of myself. After reviewing the deeming regulations the FDA has proposed that covers the use and sale of electronic cigarettes, I would ask that the time frame for comments be extended by 105 days , totalling 180 days for the entire comment time frame.  Please understand how much I care about electronic cigarettes and the reduced harm alternative they provide. So something this serious and providing an in-depth response to the regulations, I feel, will take longer than the provided 75 days. The Fda took years to decide on regulations for the e-cig industry so I do not feel that 6 months to respond is too much to ask for.  Thank you


Marjorie Jones/RTP/USEPA/US

06/27/2007 05:44 PM

To

"Johansson, Robert"<EMAIL_ADDRESS> cc

Ron Evans/RTP/USEPA/US@EPA, Arturo Rios/RTP/USEPA/US@EPA, Tom Walton/RTP/USEPA/US@EPA, Neal Fann/RTP/USEPA/US@EPA, Rebecca Daniels/RTP/USEPA/US@EPA

Subject

Ozone RIA language: 7% and 3% write-up for your review

Rob:  Attached please find our proposed language on the 3% and 7% cost issue.

Pls let us know on tomorrow's call if you have questions.

Margie

Marjorie C. Jones

Office of Air Quality Planning & Standards

Air Benefit and Cost Group, Mail Code C439-02

Health and Environmental Impacts Division

RTP, NC 27711

voice:<PHONE_NUMBER>

fax:<PHONE_NUMBER>

Shipping/receiving: 4930 Old Page Rd.

Durham, NC 27709


[Federal Register Volume 88, Number 127 (Wednesday, July 5, 2023)]
[Notices]
[Pages 42926-42927]
[FR Doc No: 2023-14172]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas & Oil Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: PR23-57-000.
    Applicants: Black Hills Wyoming Gas, LLC.
    Description: Sec.  284.123(g) Rate Filing: Black Hills Wyoming Gas,
LLC Revised Statement of Rates Filing to be effective 6/1/2023.
    Filed Date: 6/27/23.
    Accession Number: 20230627-5146.

    Comment Date: 5 p.m. ET 7/18/23.
    Protest Date: 5 p.m. ET 8/28/23.

    Docket Numbers: RP23-848-000.
    Applicants: Sabine Pipe Line LLC.
    Description: Sec.  4(d) Rate Filing: Sabine Pipeline LLC submits
tariff filing per 154.204: Normal filing 7.26--2023 to be effective 5/
1/2023.
    Filed Date: 6/27/23.
    Accession Number: 20230627-5100.
    Comment Date: 5 p.m. ET 7/10/23.

    Docket Numbers: RP23-849-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement
Update (SoCal July 2023) to be effective 7/1/2023.
    Filed Date: 6/27/23.
    Accession Number: 20230627-5148.
    Comment Date: 5 p.m. ET 7/10/23.

    Docket Numbers: RP23-850-000.
    Applicants: Big Sandy Pipeline, LLC.
    Description: Sec.  4(d) Rate Filing: Big Sandy EPC 2023 to be
effective 8/1/2023.
    Filed Date: 6/28/23.
    Accession Number: 20230628-5014.
    Comment Date: 5 p.m. ET 7/10/23.

    Docket Numbers: RP23-851-000.
    Applicants: Southern Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement--
Duke Energy July 2023 to be effective 7/1/2023.
    Filed Date: 6/28/23.
    Accession Number: 20230628-5056.
    Comment Date: 5 p.m. ET 7/10/23.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: June 28, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-14172 Filed 7-3-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 160 (Monday, August 19, 2013)]
[Rules and Regulations]
[Pages 50313-50317]
[FR Doc No: 2013-20151]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 21

Final Additional Airworthiness Design Standards: Night Visual
Flight Rules (VFR) Under the Special Class (JAR-VLA) Regulations;
AQUILA Aviation by Excellence GmbH, Model AT01

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Issuance of airworthiness design standards.

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

SUMMARY: This document is an issuance of Final Airworthiness design
criteria for night visual flight rules (VFR) expansion and
substantiation for the

Aquila GmbH AT01. These additional provisions are expansions of the
existing JAR-VLA (Joint Aviation Requirements--Very Light Aircraft) and
CS-VLA regulations to include Night-VFR. The current regulations only
allow Day-VFR, but the European Aviation Safety Agency (EASA) is
expanding the VLA regulations for this type of airplane through EASA
special conditions. These FAA design criteria are being proposed to be
the same as the EASA Special Conditions. The original certification of
the aircraft was done under the provisions of 14 CFR part 21, Sec.
21.29, as a 14 CFR part 21, Sec.  21.17(b), special class aircraft,
JAR-VLA, using the requirements of JAR-VLA Amendment VLA/92/01 as
developed by the Joint Aviation Authority, and under Title 14 of the
Code of Federal Regulations and two additional design criteria issued
on September 2, 2003 (68 FR 56809).

DATES: Effective September 18, 2013.

FOR FURTHER INFORMATION CONTACT: Mr. Doug Rudolph, Aerospace Engineer,
Standards Office (ACE-112), Small Airplane Directorate, Aircraft
Certification Service, FAA; telephone number<PHONE_NUMBER>, fax number
(816) 329-4090, email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Any person may obtain a copy of this
information by contacting the person named above under FOR FURTHER
INFORMATION CONTACT.

Background

    The regulation applicable to the Amended Type Certificate (TC)
Night-VFR approval is Sec.  21.17(b). This section describes the
regulatory basis for the approval of JAR-VLA and CS-VLA aircraft as a
special class. Policy on this subject includes AC 23-11B and AC 21.17-
3.
    Airworthiness rules that are applicable to this Night-VFR approval
are Sec. Sec.  23.1381 through 23.1397 and 23.1401.
    FAA policy expressed in ACs 23-11B and 21.17-3 limits JAR-VLA and
CS-VLA aircraft approved under Sec.  21.17(b), to Day-VFR operations.
Part 23 certification was required for Night-VFR approval because the
VLA rules were not adequate to address Night-VFR operations. Since
publishing these advisory circulars, EASA has developed special
conditions to CS-VLA that are adequate to allow Night-VFR approvals. If
the applicant complies with the applicable airworthiness rules in CS-
VLA and the EASA special conditions, the previous policy disallowing
Night-VFR is no longer valid.
    Airplanes approved as special class under Sec.  21.17(b) may be
type certificated as both Day-VFR and Night-VFR if the certification
includes the required instrumentation and equipment specified in 14 CFR
91.205, and the certification basis includes the applicable rules of
CS-VLA at date of application and the appropriate EASA special
conditions.
    The FAA has concluded that it is acceptable to allow Night-VFR
certification for the Aquila Model AT01 and future JAR-VLA (CS-VLA)
models under the special class amended TC project AT00617CE-A.
Revisions to ACs 23-11B and 21.17-3 will be made to allow this
expansion to Night-VFR on other JAR-VLA (CS-VLA) airplanes.

Discussion of Comments

    Existence of proposed airworthiness standards for acceptance under
14 CFR part 21, Sec.  21.17(b), special class aircraft, JAR-VLA; the
AQUILA Model AT01 was published in the Federal Register on Friday May
31, 2013, 78 FR 32576. No comments were received, and the airworthiness
design standards are adopted.

Applicability

    As discussed above, these airworthiness design standards under the
special class, JAR-VLA rule are applicable to the Aquila AT01 model and
future JAR-VLA (CS-VLA) models on FAA TCDS A51CE.

Conclusion

    This action affects only certain airworthiness design standards on
Aquila AT01 model and future JAR-VLA model airplanes shown on FAA TCDS
A51CE. It is not a standard of general applicability and it affects
only the applicant who applied to the FAA for approval of these
features on the airplane.

Citation

    The authority citation for these airworthiness standards is as
follows:

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

    To satisfy the additional required provisions of ``Proposed
Airworthiness Design Standards: Night visual flight rules (VFR) Under
the Special Class (JAR-VLA) Regulations of 14 CFR 21.17(b); AQUILA
Aviation by Excellence GmbH, Model AT01'', the applicant, AQUILA, has
submitted a request to the FAA to use the EASA Special Conditions as
shown on EASA Certification Review Item (CRI) A-01 Issue 3, Appendix 1,
dated October 3, 2010 ``EASA Special Condition Airworthiness standards
for CS-VLA aeroplane to be operated under Night-VFR operations.
Applicable to AQUILA AT01'' as follows:

Appendix 1

    Special Condition

Airworthiness Standards for CS-VLA Aeroplane To Be Operated Under
Night-VFR Operations

Applicable to AQUILA AT01

    Instead of VLA 1, VLA 181, VLA 773, VLA 807, VLA 903, VLA 905,
VLA 1121, VLA 1143, VLA 1147, VLA 1322, VLA 1325, VLA 1331, VLA
1351, VLA 1353, VLA 1431, VLA 1547, VLA 1559, VLA 1583 and due to
absence of specific requirements in CS-VLA (VLA 1107, VLA 1381, VLA
1383) the following proposed Special Conditions have to be complied
with:

SpC VLA 1 Applicability

    This airworthiness code is applicable to aeroplanes with a
single engine (spark- or compression-ignition) having not more than
two seats, with a Maximum Certificated Take-off Weight of not more
than 750 kg and a stalling speed in the landing configuration of not
more than 83 km/h (45 knots) (CAS), to be approved for day-VFR or
for day- and night VFR. (See AMC VLA 1.)

SpC VLA 181 Dynamic Stability

    (a) Any short period oscillation not including combined lateral-
directional oscillations occurring between the stalling speed and
the maximum allowable speed appropriate to the configuration of the
aeroplane must be `heavily damped with the primary controls--
    (1) Free; and
    (2) In a fixed position
    (b) Any combined lateral-directional oscillations (`Dutch roll')
occurring between the stalling speed and the maximum allowable speed
appropriate to the configuration of the aeroplane must be damped to
1/10 amplitude in 7 cycles with the primary controls--
    (1) Free; and paragraph must be shown under the following
    (2) In a fixed position.
    (c) Any long period oscillation of the flight path (phugoid)
must not be so unstable as to cause an unacceptable increase in
pilot workload or otherwise endanger the aeroplane. When in the
conditions of CS VLA 175, the longitudinal control force required to
maintain speeds differing from the trimmed speed by at least plus or
minus 15% is suddenly released; the response of the aeroplane must
not exhibit any dangerous characteristics nor be excessive in
relation to the magnitude of the control force released (see AMC VLA
181(c)).

SpC VLA 773 Pilot Compartment View

    The pilot compartment must be free from glare and reflections
that could interfere with the pilot's vision in all operations for
which the certification is requested. The pilot compartment must be
designed so that--
    (a) The pilot's view is sufficiently extensive, clear, and
undistorted, for safe operation;

    (b) The pilot is protected from the elements so that moderate
rain conditions do not unduly impair his view of the flight path in
normal flight and while landing; and
    (c) Internal fogging of the windows covered under sub-paragraph
(a) of this paragraph can be easily cleared by the pilot unless
means are provided to prevent fogging. (See AMC VLA773.)

SpC VLA807 Emergency Exits

    (a) Where exits are provided to achieve compliance with CS-VLA
783(a), the opening system must be designed for simple and easy
operation. It must function rapidly and be designed so that it can
be operated by each occupant strapped in his seat, and also from
outside the cockpit. Reasonable provisions must be provided to
prevent jamming by fuselage deformation.
    (b) Markings must be suitable for night VFR, if this kind of
operation is requested. (See AMC VLA 807(b))

SpC VLA903 Engine

    (a) The engine must meet the specifications of CS-22 Subpart H
for day-VFR operation, and must meet the Specification of CS-E for
night-VFR operation.
    (b) Restart capability. An altitude and airspeed envelope must
be established for the aeroplane for in-flight engine restarting and
the installed engine must have a restart capability within that
envelope.

SpC VLA 905 Propeller

    (a) The propeller must meet the specifications of CS-22 Subpart
J for day-VFR operation. For night-VFR operations the Propeller and
the Control System must meet the Specification of CS-P except for
fixed pitch propellers, for which CS-22 Subpart J is sufficient.
    (b) Engine power and propeller shaft rotational speed may not
exceed the limits for which the propeller is certificated or
approved.

SpC VLA 1107 Induction System Filters

    On reciprocating-engine installations, if an air filter is used
to protect the engine against foreign material particles in the
induction air supply--
    (a) Each air filter must be capable of withstanding the effects
of temperature extremes, rain, fuel, oil, and solvents to which it
is expected to be exposed in service and maintenance; and
    (b) Each air filter must have a design feature to prevent
material separated from the filter media from re-entering the
induction system and interfering with proper fuel metering
operation.

SpC VLA 1121 Exhaust System: General

    (a) Each exhaust system must ensure safe disposal of exhaust
gases without fire hazard or carbon monoxide contamination in the
personnel compartment.
    (b) Each exhaust system part with a surface hot enough to ignite
flammable fluids or vapours must be located or shielded so that
leakage from any system carrying flammable fluids or vapours will
not result in a fire caused by impingement of the fluids or vapours
on any part of the exhaust system including shields for the exhaust
system.
    (c) Each exhaust system component must be separated by fireproof
shields from adjacent flammable parts of the aeroplane that are
outside the engine compartment.
    (d) No exhaust gases may discharge dangerously near any fuel or
oil system drain.
    (e) No exhaust gases may be discharged where they will cause a
glare seriously affecting the pilot's vision at night.
    (f) Each exhaust system component must be ventilated to prevent
points of excessively high temperature.
    (g) Each exhaust heat exchanger must incorporate means to
prevent blockage of the exhaust port after any internal heat
exchanger failure.

SpC VLA 1143 Engine Controls

    (a) The power or supercharger control must give a positive and
immediate responsive means of controlling its engine or
supercharger.
    (b) If a power control incorporates a fuel shut-off feature, the
control must have a means to prevent the inadvertent movement of the
control into the shut-off position. The means must--
    (1) Have a positive lock or stop at the idle position; and
    (2) Require a separate and distinct operation to place the
control in the shut-off position.
    (c) For reciprocating single-engine aeroplanes, each power or
thrust control must be designed so that if the control separates at
the engine fuel metering device, the aeroplane is capable of
continuing safe flight and landing. (See AMC VLA 1143(c)).

SpC VLA 1147 Mixture Control

    (a) The Control must require a separate and distinct operation
to move the control toward lean or shut-off position.
    (b) Each manual engine mixture control must be designed so that,
if the control separates at the engine fuel metering device, the
aeroplane is capable of continuing safe flight and landing. (See AMC
VLA 1147(b)).

SpC VLA 1322 Warning, Caution, and Advisory Lights

    If warning, caution, or advisory lights are installed in the
cockpit, they must be--
    (a) Red, for warning lights (lights indicating a hazard which
may require immediate corrective action);
    (b) Amber, for caution lights (lights indicating the possible
need for future corrective action);
    (c) Green, for safe operation lights; and
    (d) Any other colour, including white, for lights not described
in sub-paragraphs (a) to (c) of this paragraph, provided the colour
differs sufficiently from the colours prescribed in subparagraphs
(a) to (c) of this paragraph to avoid possible confusion.
    (e) Effective under all probable cockpit lighting conditions.

SpC VLA 1325 Static Pressure System

    (a) Each instrument provided with static pressure case
connections must be so vented that the influence of aeroplane speed,
the opening and closing of windows, moisture or other foreign
matter, will not significantly affect the accuracy of the
instruments.
    (b) The design and installation of a static pressure system must
be such that--
    (1) Positive drainage of moisture is provided;
    (2) Chafing of the tubing, and excessive distortion or
restriction at bends in the tubing, is avoided; and
    (3) The materials used are durable, suitable for the purpose
intended, and protected against corrosion.
    (c) Each static pressure system must be calibrated in flight to
determine the system error. The system error, in indicated pressure
altitude, at sea-level, with a standard atmosphere, excluding
instrument calibration error, may not exceed 9 m (30 ft) per 185 km/h (100 knot) speed for the appropriate
configuration in the speed range between 1[middot]3 VSO
with flaps extended and 1[middot]8 VS1 with flaps
retracted. However, the error need not be less than 9 m
(30 ft).

SpC VLA 1331 Instruments Using a Power Supply

    For each aeroplane--
    (a) Each gyroscopic instrument must derive its energy from power
sources adequate to maintain its required accuracy at any speed
above the best rate-of-climb speed;
    (b) Each gyroscopic instrument must be installed so as to
prevent malfunction due to rain, oil and other detrimental elements;
and
    (c) There must be a means to indicate the adequacy of the power
being supplied to the instruments.
    (d) For night VFR operation there must be at least two
independent sources of power and a manual or an automatic means to
select each power source for each instrument that uses a power
source.

SpC VLA 1351 Electrical Systems and Equipment: General

    (a) Electrical system capacity. Each electrical system must be
adequate for the intended use. In addition--
    (1) Electric power sources, their transmission cables, and their
associated control and protective devices, must be able to furnish
the required power at the proper voltage to each load circuit
essential for safe operation; and
    (2) Compliance with sub-paragraph (a)(l) of this paragraph must
be shown by an electrical load analysis, or by electrical
measurements, that account for the electrical loads applied to the
electrical system in probable combinations and for probable
durations.
    (b) Functions. For each electrical system, the following apply:
    (1) Each system, when installed, must be--
    (i) Free from hazards in itself, in its method of operation, and
in its effects on other parts of the aeroplane;
    (ii) Protected from fuel, oil, water, other detrimental
substances, and mechanical damage; and
    (iii) So designed that the risk of electrical shock to occupants
and ground personnel is reduced to a minimum.
    (2) Electric power sources must function properly when connected
in combination or independently.
    (3) No failure or malfunction of any electric power source may
impair the ability of any

remaining source to supply load circuits essential for safe
operation.
    (4) Each electric power source control must allow the
independent operation of each source, except that controls
associated with alternators that depend on a battery for initial
excitation or for stabilisation need not break the connection
between the alternator and its battery.
    (c) Generating system. There must be at least one generator if
the electrical system supplies power to load circuits essential for
safe operation. In addition--
    (1) Each generator must be able to deliver its continuous rated
power;
    (2) Generator voltage control equipment must be able to
dependably regulate the generator output within rated limits;
    (3) Each generator must have a reverse current cut out designed
to disconnect the generator from the battery and from the other
generators when enough reverse current exists to damage that
generator;
    (4) There must be a means to give immediate warning to the pilot
of a failure of any generator; and
    (5) Each generator must have an overvoltage control designed and
installed to prevent damage to the electrical system, or to
equipment supplied by the electrical system, that could result if
that generator were to develop an overvoltage condition.
    (d) Instruments. There must be a means to indicate to the pilot
that the electrical power supplies are adequate for safe operation.
For direct current systems, an ammeter in the battery feeder may be
used.
    (e) Fire resistance. Electrical equipment must be so designed
and installed that in the event of a fire in the engine compartment,
during which the surface of the firewall adjacent to the fire is
heated to 1100 [deg]C for 5 minutes or to a lesser temperature
substantiated by the applicant, the equipment essential to continued
safe operation and located behind the firewall will function
satisfactorily and will not create an additional fire hazard. This
may be shown by test or analysis.
    (f) External power. If provisions are made for connecting
external power to the aeroplane, and that external power can be
electrically connected to equipment other than that used for engine
starting, means must be provided to ensure that no external power
supply having a reverse polarity, or a reverse phase sequence, can
supply power to the aeroplane's electrical system. The location must
allow such provisions to be capable of being operated without hazard
to the aeroplane or persons.

SpC VLA 1353 Storage Battery Design and Installation

    (a) Each storage battery must be designed and installed as
prescribed in this paragraph.
    (b) Safe cell temperatures and pressures must be maintained
during any probable charging and discharging condition. No
uncontrolled increase in cell temperature may result when the
battery is recharged (after previous complete discharge)--
    (1) At maximum regulated voltage or power;
    (2) During a flight of maximum duration; and
    (3) Under the most adverse cooling condition likely to occur in
service.
    (c) Compliance with sub-paragraph (b) of this paragraph must be
shown by tests unless experience with similar batteries and
installations has shown that maintaining safe cell temperatures and
pressures presents no problem.
    (d) No explosive or toxic gases emitted by any battery in normal
operation, or as the result of any probable malfunction in the
charging system or battery installation, may accumulate in hazardous
quantities within the aeroplane.
    (e) No corrosive fluids or gases that may escape from the
battery may damage surrounding structures or adjacent essential
equipment.
    (f) Each nickel cadmium battery installation capable of being
used to start an engine or auxiliary power unit must have provisions
to prevent any hazardous effect on structure or essential systems
that may be caused by the maximum amount of heat the battery can
generate during a short circuit of the battery or of its individual
cells.
    (g) Nickel cadmium battery installations capable of being used
to start an engine or auxiliary power unit must have--
    (1) A system to control the charging rate of the battery
automatically so as to prevent battery overheating;
    (2) A battery temperature sensing and over-temperature warning
system with a means for disconnecting the battery from its charging
source in the event of an over-temperature condition; or
    (3) A battery failure sensing and warning system with a means
for disconnecting the battery from its charging source in the event
of battery failure.
    (h) In the event of a complete loss of the primary electrical
power generating system, the battery must be capable of providing 30
minutes of electrical power to those loads that are essential to
continued safe flight and landing. The 30-minute time period
includes the time needed for the pilot(s) to recognize the loss of
generated power, and to take appropriate load shedding action.

SpC VLA 1381 Instrument Lights

    The instrument lights must--
    (a) Make each instrument and control easily readable and
discernible;
    (b) Be installed so that their direct rays, and rays reflected
from the windshield or other surface, are shielded from the pilot's
eyes; and
    (c) Have enough distance or insulating material between current
carrying parts and the housing so that vibration in flight will not
cause shorting. A cabin dome light is not an instrument light.

SpC VLA 1383 Taxi and Landing Lights

    Each taxi and landing light must be designed and installed so
that--
    (a) No dangerous glare is visible to the pilots;
    (b) The pilot is not seriously affected by halation;
    (c) It provides enough light for night operations; and
    (d) It does not cause a fire hazard in any configuration.

SpC VLA 1431 Electronic Equipment

    Electronic equipment and installations must be free from hazards
in themselves, in their method of operation, and in their effects on
other components. For operations for which electronic equipment is
required, compliance must be shown against CS-VLA 1309.

SpC VLA 1547 Magnetic Direction Indicator

    (a) A placard meeting the requirements of this section must be
installed on or near the magnetic direction indicator.
    (b) The placard must show the calibration of the instrument in
level flight with the engine operating.
    (c) The placard must state whether the calibration was made with
radio receivers on or off.
    (d) Each calibration reading must be in terms of magnetic
headings in not more than 30[deg] increments.
    (e) If a magnetic non-stabilized direction indicator can have a
deviation of more than 10[deg] caused by the operation of electrical
equipment, the placard must state which electrical loads, or
combination of loads, would cause a deviation of more than 10[deg]
when turned on.

SpC VLA 1559 Operating Limitations Placards

    The following placards must be plainly visible to the pilot:
    (a) A placard stating the following airspeeds (IAS):
    (1) Design manoeuvring speed, VA;
    (2) The maximum landing gear operating speed, VLO.
    (b) A placard stating `This aeroplane is classified as a very
light aeroplane approved for day VFR only or day and night VFR,
whichever is applicable, in non-icing conditions. All aerobatic
manoeuvres including intentional spinning are prohibited. See Flight
Manual for other limitations'.

SpC VLA 1583 Operating Limitations

    (a) Airspeed limitations. The following information must be
furnished
    (1) Information necessary for the marking of the airspeed limits
on the indicator, as required in CS-VLA 1545 and the significance of
the colour coding used on the indicator.
    (2) The speeds VA, VLo, VLE where appropriate.
    (b) Weights. The following information must be furnished:
    (1) The maximum weight.
    (2) Any other weight limits, if necessary.
    (c) Centre of gravity. The established c.g. limits required by
CS-VLA 23 must be furnished.
    (d) Manoeuvres. Authorised manoeuvres established in accordance
with CS-VLA 3.
    (e) Flight load factors. Manoeuvring load factors: The following
must be furnished:
    (1) The factors corresponding to point A and point C of figure 1
of CS-VLA 333(b), stated to be applicable at VA.
    (2) The factors corresponding to point D and point E of figure 1
of CS-VLA 333(b) to be applicable at VNE.

    (3) The factor with wing flaps extended as specified in CS-VLA
345.
    (f) Kinds of operation. The kinds of operation (day VFR or day
and night VFR, whichever is applicable) in which the aeroplane may
be used, must be stated. The minimum equipment required for the
operation must be listed.
    (g) Powerplant limitations. The following information must be
furnished:
    (1) Limitation required by CS-VLA 1521.
    (2) Information necessary for marking the instruments required
by CS-VLA 1549 to 1553.
    (3) Fuel and oil designation.
    (4) For two-stroke engines, fuel/oil ratio.
    (h) Placards. Placards required by CS-VLA 1555 to 1561 must be
presented.

    Issued in Kansas City, Missouri, on August 12, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.

[FR Doc. 2013-20151 Filed 8-16-13; 8:45 am]
BILLING CODE 4910-13-P