[Federal Register: November 14, 2005 (Volume 70, Number 218)]
[Notices]
[Page 69171-69173]
[DOCID:fr14no05-75]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52736; File No. SR-Amex-2005-111]

Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to an Extension of the Suspension of Transaction Charges for
Specialist Orders in the Nasdaq-100 Tracking Stock[reg] (QQQQ)

November 4, 2005.
    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 October 31, 2005, the American Stock Exchange LLC (``Amex'' or
``Exchange'') 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 Amex. Amex has
designated the proposed rule change as establishing or changing a due,
fee, or other charge imposed by the Exchange pursuant to Section
19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) thereunder,\4\
which renders the proposal effective upon filing with the Commission.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).

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

    The Exchange proposes to amend Amex Equity and Exchange Traded
Funds and Trust Issued Receipts Fee Schedules (the ``Amex Fee
Schedules'') to extend the suspension of transaction charges for
specialist orders in connection with the trading of the Nasdaq-100
Index Tracking Stock[reg] (Symbol: QQQQ) from November 1, 2005 through
December 31, 2005. The text of the proposed rule change is available on
Amex's Web site (http://www.amex.com), at Amex's principal office, and

from the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange is proposing to extend the suspension of transaction
charges for specialist orders in QQQQ from November 1, 2005 through
December 31, 2005. The current suspension of specialist transaction
charges in QQQQ will otherwise terminate on October 31, 2005.\5\
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    \5\ See Securities Exchange Act Release No. 52460 (September 16,
2005), 70 FR 55639 (September 22, 2005) (proposal previously
extending this specialist transaction fee waiver).
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    Specialist orders in QQQQ executed on the Exchange currently are
charged $0.0037 per share ($0.37 per 100 shares), capped at $300 per
trade (81,081 shares). Effective December 1, 2004, the Nasdaq-100 Index
Tracking Stock[reg] formerly ``QQQ'' transferred its listing from Amex
to The Nasdaq Stock Market, Inc (``Nasdaq''). It now trades on Nasdaq
under the symbol QQQQ. After the transfer, Amex began trading QQQQ
pursuant to unlisted trading privileges.
    The Exchange submits that a suspension of transaction fees for
specialist orders in connection with QQQQ is consistent with Section
6(b)(4) of the Act.\6\ Specifically, the Exchange believes that
extending the suspension of transaction charges for QQQQ specialist
orders is an equitable allocation of reasonable fees among Exchange
members. The fact that specialists have greater obligations than other
members and are also subject to other Exchange fees, in addition to
transaction fees, supports this proposal to temporarily extend the fee
suspension.
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    \6\ Section 6(b)(4) states that the rules of a national
securities exchange must provide for ``the equitable allocation of
reasonable dues, fees, and other charges among its members and
issuers and other persons using its facilities.'' See Securities
Exchange Act Release Nos. 52460 (September 16, 2005), 70 FR 55639
(September 22, 2005); 52267 (August 15, 2005), 70 FR 49338 (August
23, 2005); and 52268 (August 15, 2005), 70 FR 49336 (August 23,
2005) (proposals introducing and extending this specialist
transaction fee waiver).
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    The Exchange notes that specialists are also subject to a variety
of Exchange fees other than transaction charges, such as a floor clerk
fee, a floor facility fee, a post fee, and registration fee.\7\ In
addition, specialists and other floor members of the Exchange are
subject to technology and membership fees.\8\ Certain market
participants, such as customers, non-member broker-dealers and market-
makers, and member broker-dealers are not subject to the majority of
these fees. In addition, specialist units, unlike registered traders
and other floor members, must be sufficiently staffed and provide
adequate technology resources in order to handle the volume of orders
(especially in QQQQ) that are sent to the specialist post at the
Exchange. These operational costs that are incurred by a specialist
further support the Exchange proposal to extend the suspension of QQQQ
transaction fees on specialist orders.
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    \7\ The floor clerk, floor facility, post, and registration fees
on an annual basis are $900, $2,400, $1,000, and $800, respectively.
    \8\ A technology fee of $3,000 per year is assessed on all
specialists and other floor participants at the Exchange. Annual
membership dues of $1,500 must be paid by all members while annual
membership fees are payable depending on the type of membership and
circumstances. Non-members are not subject to these fees.
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    Specialists have certain obligations required by Exchange rules as
well as the Act that do not exist for other market participants. For
example, a specialist pursuant to Amex Rule 170 is required to maintain
a fair and orderly market in his or her assigned securities. Other
members of the Exchange as well as non-member market participants do
not have this obligation. As a result, the Exchange believes that an
extension of the transaction charge fee waiver for specialist orders in
QQQQ is reasonable and equitable.
    The Exchange is amending the Amex Fee Schedules to indicate that
transaction charges for specialist orders in connection with QQQQ
executed on the Exchange will be further suspended from November 1,
2005 through December 31, 2005.
2. Statutory Basis
    Amex believes that the proposed rule change is consistent with
Section 6(b) of the Act \9\ in general and furthers the objectives of
Section 6(b)(4) of the Act \10\ in particular in that it is intended to
assure the equitable allocation of reasonable dues, fees, and other
charges among its members and issuers and other persons using its
facilities.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    Amex believes that the proposed rule change does not impose any
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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \11\ and subparagraph (f)(2) of Rule 19b-4
thereunder \12\ because it establishes or changes a due, fee, or other
charge imposed by the Exchange. At any time within 60 days of the
filing of the proposed rule change, the Commission may summarily
abrogate such rule change if it appears to the Commission that such
action is necessary or appropriate in the public interest, for the
protection of investors, or otherwise in furtherance of the purposes of
the Act.
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    \11\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \12\ 17 CFR 240.19b-4(f)(2).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-Amex-2005-111 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-9303.
    All submissions should refer to File Number SR-Amex-2005-111. 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 Amex. 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-Amex-2005-111 and should be submitted on or before December 5, 2005.
    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).

Jonathan G. Katz,
Secretary.
 [FR Doc. E5-6251 Filed 11-10-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 85, Number 189 (Tuesday, September 29, 2020)]
[Rules and Regulations]
[Pages 60883-60884]
[FR Doc No: 2020-21415]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

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

Federal Register / Vol. 85, No. 189 / Tuesday, September 29, 2020 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0271; Product Identifier 2017-SW-017-AD; Amendment
39-21259; AD 2020-20-03]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus Helicopters Model AS350B2 helicopters. This AD requires
performing a test of the main rotor RPM (NR) indicator, and depending
on the results, altering the wiring. This AD was prompted by reports of
some NR indicators displaying incorrect information. The actions of
this AD are intended to address an unsafe condition on these products.

DATES: This AD is effective November 3, 2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of November 3,
2020.

ADDRESSES: For service information identified in this final rule,
contact Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX
75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at
https://www.airbus.com/helicopters/services/technical-support.html. You
may view the service information at the FAA, Office of the Regional
Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort
Worth, TX 76177. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0271.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0271; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this AD, the European Aviation Safety Agency (now European Union
Aviation Safety Agency) (EASA) AD, any service information that is
incorporated by reference, any comments received, and other
information. The address for Docket Operations is U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: George Schwab, Aviation Safety
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA,
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to Airbus Helicopters
Model AS350B2 helicopters with a certain part-numbered NR sensor
installed. The NPRM published in the Federal Register on March 23, 2020
(85 FR 16279). The NPRM proposed to require compliance with certain
procedures described in the manufacturer's service bulletins. For Model
AS350B2 helicopters with an NR sensor part number 704A37614007
installed, the NPRM proposed to require, before further flight,
performing a test to determine if the NR indicator display changes or
drops to zero when the emergency cut-out control is activated. If the
NR display changes or drops to zero during the ground run, the NPRM
proposed to require, before further flight, altering the NR sensor
wiring.
    The NPRM was prompted by EASA AD No. 2016-0260, dated December 21,
2016, issued by EASA, which is the Technical Agent for the Member
States of the European Union, to correct an unsafe condition for Airbus
Helicopters Model AS350B2 helicopters with a certain part-numbered NR
sensor installed. EASA advises of several occurrences where the NR
indicator has displayed incorrect data. According to EASA, an
investigation determined that whenever the emergency cut-out control
was activated, such as during a practice autorotation, electrical power
to the NR indicator was lost. The EASA AD states that this condition,
if not detected and corrected, could result in a significant increase
in pilot workload, disruption of the autorotation training, and
subsequent reduced control of the helicopter. To address this unsafe
condition, the EASA AD requires a functional check of the NR indicator
display, and, if required, altering the wiring to ensure a dual power
supply to the NR indicator.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received one comment in support of
the NPRM.

FAA's Determination

    These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA of the
unsafe condition described in its AD. The FAA is issuing this AD after
evaluating all information provided by EASA and determining the unsafe
condition exists and is likely to exist or develop on other helicopters
of these same type designs and that air safety and the public interest
require adopting the AD requirements as proposed.

Differences Between This AD and the EASA AD

    The EASA AD requires compliance within 75 flight hours, within 90
days, or before the next autorotation training flight, whichever occurs
first. This AD requires compliance before further flight due to the
critical nature of NR information for the pilot during an autorotation.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Airbus Helicopters Alert Service Bulletin No.
AS350-63.00.27, Revision 0, dated May 17, 2016. This service
information contains procedures for performing a functional check of
the NR indicator, and, if necessary, altering the wiring to add a
direct battery supply to the NR

indicator. Airbus Helicopters identifies this alteration as
Modification 350A084886.00.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 352 helicopters of U.S.
Registry. The FAA estimates that operators may incur the following
costs in order to comply with this AD. Labor costs are estimated at $85
per work-hour.
    Performing a functional test of the NR indicator takes about 0.5
work-hours for an estimated cost of $43 per helicopter and $15,136 for
the U.S. fleet.
    If required, altering the NR sensor wiring takes about 2 work-
hours, and parts cost about $154, for an estimated cost of $324 per
helicopter.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on helicopters identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866,
    2. Will not affect intrastate aviation in Alaska, and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2020-20-03 Airbus Helicopters: Amendment 39-21259; Docket No. FAA-
2020-0271; Product Identifier 2017-SW-017-AD.

(a) Applicability

    This AD applies to Airbus Helicopters Model AS350B2 helicopters,
certificated in any category, with a main rotor RPM (NR) sensor part
number 704A37614007 installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as loss of electrical power
to the NR indicator when the emergency cutout control is activated.
This condition could result in increased pilot workload and reduced
helicopter control.

(c) Effective Date

    This AD becomes effective November 3, 2020.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    Before further flight, perform a ground run-up with the fuel
flow control lever in the flight gate with the collective control in
the down/locked position. While at flight NR speed, activate the
emergency cut-out control and observe the NR indicator display
value. If the NR indicator display changes or drops to zero, before
further flight, do the following:
    (1) Alter the NR indicator wiring as depicted in Figures 1 and 2
of Airbus Helicopters Alert Service Bulletin No. AS350-63.00.27,
Revision 0, dated May 17, 2016; and,

    Note 1 to paragraph (e)(1):  Airbus Helicopters identifies the
alteration of the wiring as Modification 350A084886.00.

    (2) Conduct a continuity test to confirm correct alteration of
the wiring.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Rotorcraft Standards Branch, FAA, may approve
AMOCs for this AD. Send your proposal to: George Schwab, Aviation
Safety Engineer, Safety Management Section, Rotorcraft Standards
Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone
817-222-5110<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, the FAA suggests
that you notify your principal inspector, or lacking a principal
inspector, the manager of the local flight standards district office
or certificate holding district office, before operating any
aircraft complying with this AD through an AMOC.

(g) Additional Information

    The subject of this AD is addressed in European Aviation Safety
Agency (now European Union Aviation Safety Agency) (EASA) AD No.
2016-0260, dated December 21, 2016. You may view the EASA AD on the
internet at https://www.regulations.gov in Docket No. FAA-2020-0271.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 6340, Main Rotor
Drive Indicating System.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Airbus Helicopters Alert Service Bulletin No. AS350-
63.00.27, Revision 0, dated May 17, 2016.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Airbus Helicopters, 2701 N. Forum Drive, Grand Prairie, TX 75052;
telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at
https://www.airbus.com/helicopters/services/technical-support.html.
    (4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 18, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-21415 Filed 9-28-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 97 (Thursday, May 19, 2011)]
[Notices]
[Page 28971]
[FR Doc No: 2011-12301]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. PR11-108-000; PR11-108-001]

Atlanta Gas Light Company; Notice of Petition for Rate Approval

    Take notice that on May 9, 2011, as supplemented on May 11, 2011,
Atlanta Gas Light Company (Atlanta Gas Light) filed a petition pursuant
to section 284.123(b)(1)(ii) of the Commission's regulations a rate
election for transportation service. Atlanta Gas Light states the rate
election consists of the maximum cost-based rates approved by the
Georgia Public Service Commission for comparable transportation service
on its local gas distribution system, General Gas Transportation
Service (TS-1). In addition, Atlanta Gas Light submits a baseline
filing of its Statement of Operating Conditions.
    Any person desiring to participate in this rate filing must file in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211 and 385.214). Protests will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 7 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on Monday, May 23, 2011.

    Dated: May 13, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-12301 Filed 5-18-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 189 (Monday, September 30, 2019)]
[Notices]
[Pages 51561-51564]
[FR Doc No: 2019-21122]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2018-0014; FRL-9999-39]

Cancellation Order for Certain Pesticide Registrations and
Amendments To Terminate Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the cancellations and
amendments to terminate uses, voluntarily requested by the registrants
and accepted by the Agency, of the products listed in Table 1, Table 1A
and Table 2 of Unit II, pursuant to the Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA). This cancellation order follows a July 24,
2019 Federal Register Notice of Receipt of Requests from the
registrants listed in Table 3 of Unit II to voluntarily cancel and
amend to terminate uses of these product registrations. In the July 24,
2019 notice, EPA indicated that it would issue an order implementing
the cancellations and amendments to terminate uses, unless the Agency
received substantive comments within the 30-day comment period that
would merit its further review of these requests, or unless the
registrants withdrew their requests. The Agency did not receive any
comments on the notice. Further, the registrants did not withdraw their
requests. Accordingly, EPA hereby issues in this notice a cancellation
order granting the requested cancellations and amendments to terminate
uses. Any distribution, sale, or use of the products subject to this
cancellation order is permitted only in accordance with the terms of
this order, including any existing stocks provisions.

DATES: The cancellations and amendments are effective September 30,
2019.

FOR FURTHER INFORMATION CONTACT: Christopher Green, Information
Technology and Resources Management Division (7502P), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2018-0014, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

II. What action is the agency taking?

    This notice announces the cancellations and amendments to terminate
uses, as requested by registrants, of products registered under FIFRA
section 3 (7 U.S.C. 136a).
    These registrations are listed in sequence by registration number
in Table 1, Table 1A and Table 2 of this unit.

                     Table 1--Product Cancellations
------------------------------------------------------------------------
                                                              Active
   Registration No.      Company No.     Product name      ingredients
------------------------------------------------------------------------
352-761..............             352  Dupont DPX-QFU31  Dicamba, sodium
                                        (MP) Herbicide.   salt &
                                                          Rimsulfuron.
6836-177.............            6836  Lonza             Pine oil &
                                        Formulation P-    Alkyl *
                                        39.               dimethyl
                                                          benzyl
                                                          ammonium
                                                          chloride *
                                                          (58%C14,
                                                          28%C16,
                                                          14%C12).
8660-161.............            8660  0.2% Barricade    Prodiamine.
                                        Crabgrass
                                        Control with
                                        Fertilizer.
8660-162.............            8660  0.3% Barricade    Prodiamine.
                                        Crabgrass
                                        Control with
                                        Fertilizer.
8660-163.............            8660  0.4% Barricade    Prodiamine.
                                        Crabgrass
                                        Control with
                                        Fertilizer.
8660-164.............            8660  Sta-Green         Prodiamine.
                                        Crabgrass
                                        Preventer.
8660-200.............            8660  Koos Crabgrass    Prodiamine.
                                        Preventer with
                                        0.223 Barricade
                                        Preemergence
                                        Herbicide.
8660-216.............            8660  Par EX Slow       Prodiamine.
                                        Release
                                        Fertilizer with
                                        .345 Barricade
                                        Herbicide.
8660-249.............            8660  Par EX            Prodiamine.
                                        Fertilizer Plus
                                        Crabgrass
                                        Preventer with
                                        0.475%
                                        Barricade Preem.
9779-297.............            9779  Prometryne 4L     Prometryn.
                                        Herbicide.
12455-107............           12455  Tomcat Ant        Indoxacarb.
                                        Killer.
12455-118............           12455  Tomcat Ant Gel..  Indoxacarb.
45728-29.............           45728  SDDC............  Sodium
                                                          dimethyldithio
                                                          carbamate.
59820-4..............           59820  Acarosan Moist    Benylate.
                                        Powder.
64898-5..............           64898  Razorooter......  Dichlobenil.
87290-44.............           87290  Willowood         Azoxystrobin.
                                        Azoxystrobin
                                        2.08SC.
87290-56.............           87290  Willowood         Propiconazole &
                                        Azoxyprop Xtra.   Azoxystrobin.
87290-60.............           87290  Willowood         Tebuconazole &
                                        Tebustrobin SC.   Azoxystrobin.
87290-63.............           87290  Willowood Pyrac   Pyraclostrobin.
                                        2SC.
87290-64.............           87290  Willowood Pyrac   Pyraclostrobin.
                                        2EC.
89966-2..............           89966  Azoxystrobin      Azoxystrobin.
                                        Technical.
93051-1..............           93051  RightLine Pyrac   Pyraclostrobin.
                                        2 MEC.
93051-2..............           93051  RightLine         Pyraclostrobin
                                        Pyraprop MEC.     &
                                                          Propiconazole.
93051-3..............           93051  RightLine CHILL   Pyraclostrobin.
                                        LC.
93088-1..............           93088  Pyraclostrobin    Pyraclostrobin.
                                        Technical.
AL-120005............           69969  Avipel Liquid     Anthraquinone.
                                        Corn Seed
                                        Treatment.
DE-170001............           69969  Avipel Liquid     Anthraquinone.
                                        Corn Seed
                                        Treatment.
IA-170003............           69969  Avipel Liquid     Anthraquinone.
                                        Corn Seed
                                        Treatment.
ID-130006............           69969  Avipel Liquid     Anthraquinone.
                                        Corn Seed
                                        Treatment.
LA-120006............           69969  Avipel Liquid     Anthraquinone.
                                        Corn Seed
                                        Treatment.
MA-160001............           69969  Avipel Liquid     Anthraquinone.
                                        Corn Seed
                                        Treatment.
MI-130001............           69969  Avipel Liquid     Anthraquinone.
                                        Corn Seed
                                        Treatment.
MN-120003............           69969  Avipel Liquid     Anthraquinone.
                                        Corn Seed
                                        Treatment.
MO-120004............           69969  Avipel Liquid     Anthraquinone.
                                        Corn Seed
                                        Treatment.
MO-160005............           69969  Avipel Liquid     Anthraquinone.
                                        Corn Seed
                                        Treatment.
MS-120009............           69969  Avipel Liquid     Anthraquinone.
                                        Corn Seed
                                        Treatment.
NC-130002............           69969  Avipel Liquid     Anthraquinone.
                                        Corn Seed
                                        Treatment.
ND-130002............           69969  Avipel Liquid     Anthraquinone.
                                        Corn Seed
                                        Treatment.
NJ-130002............           69969  Avipel Liquid     Anthraquinone.
                                        Corn Seed
                                        Treatment.
NY-170005............           69969  Avipel Liquid     Anthraquinone.
                                        Corn Seed
                                        Treatment.
PA-130001............           69969  Avipel Liquid     Anthraquinone.
                                        Corn Seed
                                        Treatment.
SD-130003............           69969  Avipel Liquid     Anthraquinone.
                                        Corn Seed
                                        Treatment.
SD-150006............           69969  Avipel Liquid     Anthraquinone.
                                        Corn Seed
                                        Treatment.
SD-170003............           69969  Avipel Liquid     Anthraquinone.
                                        Corn Seed
                                        Treatment.
TX-130001............           69969  Avipel Liquid     Anthraquinone.
                                        Corn Seed
                                        Treatment.

UT-180006............           69969  Avipel Liquid     Anthraquinone.
                                        Corn Seed
                                        Treatment.
VT-120001............           69969  Avipel Liquid     Anthraquinone.
                                        Corn Seed
                                        Treatment.
WI-130004............           69969  Avipel Liquid     Anthraquinone.
                                        Corn Seed
                                        Treatment.
WY-140003............           69969  Avipel Liquid     Anthraquinone.
                                        Corn Seed
                                        Treatment.
------------------------------------------------------------------------

                     Table 1A--Product Cancellations
------------------------------------------------------------------------
                                                              Active
   Registration No.      Company No.     Product name      ingredients
------------------------------------------------------------------------
1021-2753............            1021  VBC Dinotefuran   Dinotefuran.
                                        Technical.
------------------------------------------------------------------------

    The registrant of the registration in Table 1A, requests the
cancellation to be effective on May 01, 2019.

                           Table 2--Product Registration Amendments To Terminate Uses
----------------------------------------------------------------------------------------------------------------
      Registration No.         Company No.        Product name        Active ingredient    Uses to be terminated
----------------------------------------------------------------------------------------------------------------
100-1453...................             100  Stadium Fungicide....  Difenoconazole;        Ornamental uses and
                                                                     Fludioxonil &          associated label
                                                                     Azoxystrobin.          language.
42182-1....................           42182  Microban Additive B..  Triclosan............  Treatment of apparel,
                                                                                blankets, cloths,
                                                                                curtains, fabrics,
                                                                                linens and similar
                                                                                textiles.
42182-7....................           42182  Microban Additive B    Triclosan............  Disallow formulation
                                              MUP.                                          into products used
                                                                                to make/treat
                                                                                agricultural plastic
                                                                                films/mulches;
                                                                                products used to
                                                                                treat HVAC (heating/
                                                                                air conditioning)
                                                                                coils & products
                                                                                used to treat
                                                                                textiles.
89046-11...................           89046  Bioprotec Caterpillar  Bacillus               Forestry use.
                                              Insecticide            thuringiensis
                                              Concentrate.           subspecies kurstaki,
                                                                     strain EVB-113-19.
89046-12...................           89046  Bioprotec Plus.......  Bacillus               Forestry use.
                                                                     thuringiensis
                                                                     subspecies kurstaki,
                                                                     strain EVB-113-19.
89046-14...................           89046  Bioprotek............  Bacillus               Forestry use.
                                                                     thuringiensis
                                                                     subspecies kurstaki,
                                                                     strain EVB-113-19.
90736-2....................           90736  Tebuconazole Tech....  Tebuconazole.........  Residential use.
91232-3....................           91232  FD Tebuconazole 3.6F.  Tebuconazole.........  Residential use.
92760-4....................           92760  Ultra-Fresh NM.......  Triclosan............  Apparel use.
92760-6....................           92760  Ultra-Fresh NM-100...  Triclosan............  Apparel use.
----------------------------------------------------------------------------------------------------------------

    Table 3 of this unit includes the names and addresses of record for
all the registrants of the products listed in Tables 1, 1A and 2 of
this unit, in sequence by EPA company number. This number corresponds
to the first part of the EPA registration numbers of the products
listed in Table 1, Table 1A and Table 2 of this unit.

         Table 3--Registrants of Cancelled and Amended Products
------------------------------------------------------------------------
     EPA Company No.                  Company name and address
------------------------------------------------------------------------
100......................  Syngenta Crop Protection, LLC, 410 Swing
                            Road, P.O. Box 18300, Greensboro, NC 27419-
                            8300.
352......................  E. I. Du Pont De Nemours and Company, 9330
                            Zionsville Road, Indianapolis, IN 46268.
1021.....................  Mclaughlin Gormley King Company, D/B/A MGK,
                            8810 Tenth Ave North, Minneapolis, MN 55427-
                            4319.
6836.....................  Lonza Inc., Agent Name: Exponent, Inc., 1150
                            Conn. Ave. NW, Suite 1100, Washington, DC
                            20036.
8660.....................  United Industries Corp., D/B/A Sylorr Plant
                            Corp., P.O. Box 142642, St. Louis, MO 63114-
                            0642.
9779.....................  Winfield Solutions, LLC, P.O. Box 64589, St.
                            Paul, MN 55164-0589.
12455....................  Bell Laboratories, Inc., 3699 Kinsman Blvd.,
                            Madison, WI 53704.
42182....................  Microban Products Company, Agent Name:
                            Scientific & Regulatory Consultants, Inc.,
                            201 W. Van Buren Street, Columbia City, IN
                            46725.
45728....................  Taminco US, LLC, A Subsidiary of Eastman
                            Chemical Company, 200 S. Wilcox Dr.,
                            Kingsport, TN 37660-5147.
59820....................  Allergopharma Joachim, Hermann-Korner-Str.
                            52, 21465 Reinbek, Germany.
64898....................  Sewer Sciences, Inc., 1020 Hiawatha Boulevard
                            West, Syracuse, NY 13204-1131.
69969....................  Arkion Life Sciences, LLC, Agent Name: Landis
                            International, Inc., 3815 Madison Highway,
                            P.O. Box 5126, Valdosta, GA 31603-5126.
87290....................  Willowood, LLC, Agent Name: Wagner Regulatory
                            Associates, Inc., P.O. Box 640, Hockessin,
                            DE 19707-0640.
89046....................  AEF Global, Inc., Agent Name: SciReg, Inc.,
                            12733 Director's Loop, Woodbridge, VA 22192.

89966....................  Greenfields Marketing, Ltd., Agent Name:
                            Wagner Regulatory Associates, Inc., P.O. Box
                            640, Hockessin, DE 19707.
90736....................  Jiangsu Fengdeng Crop Science Co., Ltd.,
                            Agent Name: Pyxis Regulatory Consulting,
                            Inc., 4110 136th St. Ct. NW, Gig Harbor, WA
                            98332.
91232....................  Fengdeng USA, Inc., 123 Cornell Road, Bala
                            Cynwyd, PA 19004.
92760....................  Thomson Research Associates, Inc., Agent
                            Name: Scientific & Regulatory Consultants,
                            Inc., 201 West Van Buren Street, Columbia
                            City, IN 46725.
93051....................  RightLine, LLC, Agent Name: Pyxis Regulatory
                            Consulting, Inc., 4110 136th Street Ct. NW,
                            Gig Harbor, WA 98332.
93088....................  Willowood USA, LLC, Agent Name: Pyxis
                            Regulatory Consulting, Inc., 4110 136th
                            Street Ct. NW, Gig Harbor, WA 98332.
------------------------------------------------------------------------

III. Summary of Public Comments Received and Agency Response to
Comments

    During the public comment period provided, EPA received no comments
in response to the July 24, 2019 Federal Register notice announcing the
Agency's receipt of the requests for voluntary cancellations and
amendments to terminate uses of products listed in Tables 1, 1A and 2
of Unit II.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f) (7 U.S.C. 136d(f)(1)), EPA hereby
approves the requested cancellations and amendments to terminate uses
of the registrations identified in Tables 1, 1A and 2 of Unit II.
Accordingly, the Agency hereby orders that the product registrations
identified in Tables 1, 1A and 2 of Unit II are canceled and amended to
terminate the affected uses. The effective date of the cancellations
and amendments listed in Table 1 and Table 2 that are subject of this
notice is September 30, 2019. The registrant of the product listed in
Table 1A requested the cancellation effective date of the May 1, 2019
for the product listed in Table 1A. Any distribution, sale, or use of
existing stocks of the products identified in Tables 1, 1A and 2 of
Unit II in a manner inconsistent with any of the provisions for
disposition of existing stocks set forth in Unit VI will be a violation
of FIFRA.

V. What is the Agency's authority for taking this action?

    Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) provides that a
registrant of a pesticide product may at any time request that any of
its pesticide registrations be canceled or amended to terminate one or
more uses. FIFRA further provides that, before acting on the request,
EPA must publish a notice of receipt of any such request in the Federal
Register. Thereafter, following the public comment period, the EPA
Administrator may approve such a request. The notice of receipt for
this action was published for comment in the Federal Register of July
24, 2019 (84 FR 35670) (FRL-9996-16). The comment period closed on
August 23, 2019.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
action. The existing stocks provision for the products subject to this
order is as follows.

A. For Product 1021-2753

    The registrant of 1021-2753 listed in Table 1A, requested the
cancellation to be effective on May 01, 2019; therefore, the registrant
may continue to sell and distribute existing stocks of these products
until May 01, 2020, which is 1 year after the effective date of the
cancellation.
    For all other voluntary cancellations, the registrants may continue
to sell and distribute existing stocks of products listed in Table 1
until September 30, 2019, which is 1 year after publication of this
cancellation order in the Federal Register. Thereafter, the registrants
are prohibited from selling or distributing products listed in Tables 1
and 1A of Unit II, except for export in accordance with FIFRA section
17 (7 U.S.C. 136o) or for proper disposal.
    Now that EPA has approved product labels reflecting the requested
amendments to terminate uses, registrants are permitted to sell or
distribute products listed in Table 2 of Unit II under the previously
approved labeling until March 30, 2021, a period of 18 months after
publication of the cancellation order in this Federal Register, unless
other restrictions have been imposed. Thereafter, registrants will be
prohibited from selling or distributing the products whose labels
include the terminated uses identified in Table 2 of Unit II, except
for export consistent with FIFRA section 17 or for proper disposal.
    Persons other than the registrant may sell, distribute, or use
existing stocks of canceled products and products whose labels include
the terminated uses until supplies are exhausted, provided that such
sale, distribution, or use is consistent with the terms of the
previously approved labeling on, or that accompanied, the canceled
products and terminated uses.

    Authority: 7 U.S.C. 136 et seq.

    Dated: September 5, 2019.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Pesticide Programs.
[FR Doc. 2019-21122 Filed 9-27-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: February 19, 2010 (Volume 75, Number 33)]
[Notices]
[Page 7471]
[DOCID:fr19fe10-64]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2354-10]

Chandra Coffee and Rabun Boatworks, Complainants v. Georgia Power
Company, Respondent; Notice of Complaint

February 3, 2010.
    Take notice that on December 14, 2009, as amended on January 8,
2010, Chandra Coffee and Rabun Boatworks (Complainants) filed with the
Federal Regulatory Commission (Commission or FERC) a complaint against
Georgia Power Company (Respondent), licensee of the North Georgia
Hydroelectric Project No. 2354. Complainants own and operate a storage
and boat rental business approximately one mile from Lake Rabun.
Complainants, after contracting with boating customers off-site, place
boats in the water, assist in loading and unloading boaters, and
facilitate retrieval of boats from the water at the Lake Rabun
Recreation Area. Complainants allege that Respondent has impermissibly
denied them access to the public boat ramp at the Lake Rabun Recreation
Area, part of the Respondent's North Georgia Project. Complainants
request that the Commission investigate and assert that Respondent has
not complied with its FERC license.
    Complainants certify that a copy of the complaint was served on
counsel for Georgia Power Company.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on February 23, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-3097 Filed 2-18-10; 8:45 am]
BILLING CODE 6717-01-P


Slide 1 of 52 Preliminary N Methyl Carbamate Cumulative Risk Assessment Preliminary N Methyl Carbamate Cumulative Risk Assessment FIFRA Scientific Advisory Panel August 23 26, 2005 FIFRA Scientific Advisory Panel August 23 26, 2005 Slide 2 of 52 Session 2 Preliminary N Methyl Carbamate Cumulative Risk Assessment:

Drinking Water Exposure Assessment Session 2 Preliminary N Methyl Carbamate Cumulative Risk Assessment:

Drinking Water Exposure Assessment Ecological Fate & Effects Division Office of Pesticide Programs Ecological Fate & Effects Division Office of Pesticide Programs  Session 1 ° Public Comments ° Hazard Assessment  Session 2 ° Drinking Water Exposure Assessment  Session 3 ° Food & Residential Exposure Assessment  Session 4 ° Model Results Comparison, Cumulative ( Multi pathway)

Analysis, & Risk Characterization Sessions Roadmap Slide 3 of 52 Slide 4 of 52  Introduction ° Steven Bradbury, Ph. D.

 Part 1: Ground Water Model Evaluation ° Dirk Young, Ph. D.

 Part 2: Drinking Water Exposure Estimates ° Nelson Thurman  Questions for the Panel Session 2:

Drinking Water Exposure Assessment Slide 5 of 52 Issues for the SAP  Ground water exposure model evaluation 1. Revised conceptual model for ground water sources of drinking water 2. Comparisons of the three ground water models 3. Drinking water exposure estimates 4. Regional drinking water exposure estimates 5. Monitoring comparisons 6. Spatially explicit assessments Slide 6 of 52 Session 2 Preliminary N Methyl Carbamate Cumulative Risk Assessment:

Ground Water Model Evaluation Session 2 Preliminary N Methyl Carbamate Cumulative Risk Assessment:

Ground Water Model Evaluation Dirk Young, Ph. D.

Ecological Fate & Effects Division Office of Pesticide Programs Dirk Young, Ph. D.

Ecological Fate & Effects Division Office of Pesticide Programs Slide 7 of 52 Revised GW model  From Feb 2005 SAP:

° GW concentrations from saturated zone rather than vadose ° Consideration of Screen Length

Temporal/ Spatial averaging ° More systematic setup of scenario  Additional adjustments ° Setback distance between well and application area Slide 8 of 52 Revised Conceptual GW Model Water Table Lateral Groundwater Movement 100 cm Set back distance 350 cm Biodegradation Zone 100 cm Abiotic Degradation Pesticide Application Area Potable Well Slide 9 of 52 Reminder of the 3 models  RZWQM ° Root Zone Water Quality Model ° Richard's Equation Model  LEACHP ° Leaching Estimation and Chemistry   Pesticides ° Richard's Equation Model  PRZM ° Pesticide Root Zone Model ° Fill to Capacity Model Slide 10 of 52 Simulation of Water Tables 1 m well screen:

Depth to water table ( 3.5 m)

Well outlet: spatial average of well screen Tile drain is 1m below head gate output = avg.

conc. of water between tile drain and water table " Field capacity"

set to porosity in sat. zone PRZM RZWQM 1 m screen Head Gate Slide 11 of 52 Simulation of Water Tables 1 m well screen: 1 m Defined section for output concentration Depth to water table = 3.5 m LEACHP: most straight forward of the models Slide 12 of 52 Degradation with depth 25 cm 75 cm Aerobic Degradation in Top 25 cm Linearly Decreasing Rate to 1 meter Hydrolysis below 1m Water Table Slide 13 of 52 Well Setbacks  Concentration reductions approximated by plug flow:

where C = concentration at well C0= concentration at point of application L = well setback distance v = lateral groundwater velocity k = degradation rate in aquifer

= k v L e C C 0 Slide 14 of 52 Well Setback Lateral Velocity  0.15 m/ da ° " high end" velocity in FL central ridge  Assumed travel time due to natural gradient w/ negligible velocity effects due to private well draw Slide 15 of 52 Setback Assumptions:

Example of 300 ft setback 660 days travel time, natural gradient 100 yr travel time,

well induced Well 300 ft setback Assumptions:

Lateral flow: 0.15 m/ day Well flow: 0.28 m3/ day Porosity = 0.4 No retardation Slide 16 of 52 0 25 50 75 100 9/ 19/ 91 3/ 11/ 97 9/ 1/ 02 2/ 22/ 08 8/ 14/ 13 2/ 4/ 19 Date Aldicarb Residues (

ppb) No Setback 300 ft Setback 1000 ft Setback Setback Effect Slide 17 of 52 Relative Performance of GW models  On average: PRZM, RZWQM,

LEACHP provide similar estimates  Short term differences in concentrations varied ° FL: RZWQM >> PRZM > LEACHP ° NC: RZWQM >> PRZM >> LEACHP ° GA: LEACHP > PRZM > RZWQM Slide 18 of 52 0 20 40 60 80 1/ 31/ 93 2/ 9/ 99 2/ 17/ 05 2/ 26/ 11 3/ 6/ 17 Date Aldicarb Residues (

ppb) RZWQM LEACHP PRZM Comparisons of models:

Aldicarb in FL central ridge FL citrus, w/ 300 ft buffer Slide 19 of 52 0 40 80 120 160 4/ 1/ 1991 6/ 18/ 1999 9/ 4/ 2007 11/ 21/ 2015 days ppb RZWQM PRZM Comparisons of models:

Oxamyl in FL central ridge Slide 20 of 52 0 20 40 60 80 0 2000 4000 6000 8000 10000 days Total Aldicarb(

ppb) PRZM RZWQM LEACHP Comparisons of models:

Aldicarb in GA coastal plain Slide 21 of 52 Some Modeling Differences  Weather:

° RZWQM appears to show more concentrations that are more pattern like than PRZM or LEACHP

Possibly due to Cligen weather generation

Needs further investigation  Degradation with depth:

° Implemented nearly equivalently in all models  Degradation with soil moisture:

° Only implemented in RZWQM ° Not possible in PRZM  Degradation with temperature:

° Only implemented in RZWQM and LEACHP ° Problematic in PRZM Slide 22 of 52 Dispersion Differences all models use finite differences

RZWQM ° Numerical dispersion from backward differencing of velocity only ° Dispersivity effectively = 0.5 cm

PRZM ° Backward differencing of velocity ° Can also enter an additional dispersion coefficient ° Grid spacing of 1 cm

Dispersivity effectively = 0.5 cm

LEACHP ° Central differencing of velocity ° Little numerical dispersion ° Dispersivity is an input, but limited by oscillation behavior ° Set to 5 cm ( Dispersivity on the order of grid size for stability)

Note: relatively large spatial average output concentration should damp out many of the differences due to dispersion calculations among the models Slide 23 of 52 Summary  Revised Conceptual Model:

° Saturated zone ° Vertical spatial averaging ° Setbacks  Performance:

° Similar long term behavior ° Much different short term behavior Slide 24 of 52 Session 2 Preliminary N Methyl Carbamate Cumulative Risk Assessment:

Drinking Water Exposure Estimates Session 2 Preliminary N Methyl Carbamate Cumulative Risk Assessment:

Drinking Water Exposure Estimates Nelson Thurman Ecological Fate & Effects Division Office of Pesticide Programs Nelson Thurman Ecological Fate & Effects Division Office of Pesticide Programs Slide 25 of 52 Cumulative DW Exposure  Preliminary focus on potential highexposure areas in regions across the country  Surface water exposure based on same methods used in the OP CRA ° Account for:

Spatial

Temporal co occurrence ° Multiple years of potential exposure  Ground water exposure new to NMC CRA Slide 26 of 52 Cumulative regions Southeast Florida Mid south North Central / Northeast Northern Great Plains Lower Midwest Southwest Northwest Slide 27 of 52 Brief summary of DW exposure  For most of the country, NMC residues in drinking water are not expected to contribute substantially to cumulative exposure  NMC residues estimated for shallow private wells with permeable soils are major contributors in localized ( not national) areas  Further modeling in other areas will provide spatially explicit estimates Slide 28 of 52 NMC Cumulative in GW:

FL central ridge NMC Cumulative ( oxamyl equiv)

Aldicarb ( unadjusted)

Estimated aldicarb peaks ( 20 35 ppb) comparable to monitoring detections in private wells in FL Central Ridge Oxamyl Slide 29 of 52 Comparison of regional distributions FL central ridge groundwater NC coastal plain groundwater GA coastal plain groundwater NC coastal plain Surface water Slide 30 of 52 Evaluation of GW exposure estimates  Comparison with monitoring:

° FL central ridge ° Factors related to detections in FL  Identifying areas with similar potential for high NMC exposures  Next steps ° Spatially explicit exposure assessments Slide 31 of 52 Monitoring: FL DEP  Monitoring data for aldicarb in private wells in FL:

° ~ 6,000 wells and 12,975 samples ( some wells sampled multiple times)

between 1990 and 2005 ° 171 well samples with detections of 1 or more aldicarb residues ( 1.3%

detections)

° Total aldicarb residues up to 47 ug/ l Slide 32 of 52 Spatial pattern of aldicarb detections in FL private wells Slide 33 of 52 Aldicarb detects in Central Ridge Total aldicarb residues as high as 47 ug/ L ( ppb). Detections ( red/ pink) are concentrated in citrus area ( orange) on the central ridge Slide 34 of 52 Aldicarb detects in Central Ridge Many detections ( red/ pink) are associated with soils with very high saturated hydraulic conductivity ( blue) Slide 35 of 52 Aldicarb detects in Central Ridge Most detections ( red/ pink) associated with well to excessivelydrained soils ( blue/ dark blue) Slide 36 of 52 Extent of GW exposure real but limited Overlaying citrus ( orange color)

with highly permeable soils ( blue) shows the potential extent of the high GW exposure areas ( dark color). Slide 37 of 52 Lake Wales Ridge GW Study ° 31 wells along central ridge ° Quarterly sampling from 1999 present ° Includes well characteristics, water depths, precipitation,

water quality data ° Provisional data ° http:// fisc. er. usgs. gov/

Lake_ Wales_ Ridge Slide 38 of 52 Lake Wales Ridge Provisional results  Wells with 1 or more detections of aldicarb residues:

° 32% for aldicarb sulfone, sulfoxide; 6%

for aldicarb parent ° Aldicarb residues not detected in NAWQA GW sampling in South FL Flatwoods citrus study  Concentration of total aldicarb residues detected:

° 23.4 ug/ L maximum; 9.9 ug/ L 95th percentile Slide 39 of 52 Provisional Results: total aldicarb residues Aldicarb + Metabolites ( LWRMN)

0 5 10 15 20 25 April 1999 Oct/ Nov 1999 Apr/ May 2000 Oct 2000 Apr 2001 Oct 2001 Apr 2002 Oct 2002 Apr 2003 Oct 2003 Apr 2004 Oct 2004 Sample Date Aldicarb+

Ald.

Sulfoxide+

Ald.

Sulfone Concentration (

ug/

L) Well screen 10 21 ft pH 4.4 Well screen 25 35 ft pH 5.3 Well screen 40 50 ft pH 6.7 Slide 40 of 52 Conditions with potential for high NMC exposure  Highly permeable soils ° County level soil maps/ data  Shallow, acidic ground water ° Some data on depth to ground water,

chemistry available locally ° Working w/ USGS for national coverages  Shallow private wells ° Depths, locations generally unknown Slide 41 of 52 Monitoring data elsewhere  NAWQA GW monitoring ( nontargeted) found few detections ° Aldicarb residues:

Mostly in southeast

Up to 1.8 ppb sulfoxide ° Carbofuran residues:

Mostly in mid Atlantic

Up to 1.3 ppb ° Carbaryl residues:

Mostly in mid Atlantic

< 0.6 ppb ° Oxamyl residues:

Mostly in midwest, west

Up to 2.6 ppb ° Methomyl residues:

Mid Atlantic, MN

< 0.4 ppb Slide 42 of 52 NC Coastal Plain: Cropland Land use coverages are less detailed than in FL. This is based on 1992 NLCD,

showing all cropland. Slide 43 of 52 NC Coastal Plain: High permeable soils High permeability soils are not as common as in FL. Slide 44 of 52 NC Coastal Plain: extent of potential high exposure Overlaying cropland ( orange) with highly permeable soils ( blue):

reflects our GW modeling area ( dark) Slide 45 of 52 Wrapping up:

What we know, where we're going  NMC residues in drinking water are not likely to contribute substantially to cumulative exposure in most of the country  Monitoring, modeling, and mapping allow us to identify those local conditions where the potential for high NMC levels on ground water may occur  The models and mapping approach used for the NMC CRA lend themselves to use for GW exposure estimates and for more spatially explicit DW assessments Slide 46 of 52 Session 1 Preliminary N Methyl Carbamate Cumulative Risk Assessment:

Drinking Water Exposure Assessment Questions to the Panel Session 1 Preliminary N Methyl Carbamate Cumulative Risk Assessment:

Drinking Water Exposure Assessment Questions to the Panel Ecological Fate & Effects Division Office of Pesticide Programs Ecological Fate & Effects Division Office of Pesticide Programs Slide 47 of 52 Drinking Water Question # 1:

Conceptual Model for Ground Water Based on recommendations of SAP,

OPP revised its ground water modeling approach to estimate pesticide concentrations in the upper meter of a fixed saturated zone ( ground water). ...

The Agency has included two additional adjustments to consider variable degradation rates with depth and account for setback distances between the well and the application area by using lateral velocity to estimate the additional travel time for a pesticide to reach the well. Slide 48 of 52 Drinking Water Question # 1 W1. Please comment on the Agency's revisions to the ground water modeling approach to account for variable degradation rates with depth and varying setback distances between the well and treated fields. Slide 49 of 52 Drinking Water Question # 2:

Comparisons of the Three Models The three models used by the Agency provided predicted concentrations that were similar on average, but short term concentration differences among the models varied considerably.   There was no consistency with regard to which model gave the highest or lowest predictions. Some of these differences may due to differences in the way the models handle degradation temperature relationships, evapotranspiration, and weather generation. Slide 50 of 52 Drinking Water Question # 2 W2. Given that no model stands out as superior when compared to the monitoring data evaluated so far, can the SAP suggest criteria for further evaluation of the models? Slide 51 of 52 Drinking Water Question # 3:

Evaluation of GW Model Estimates The Agency compared model estimates to   monitoring studies . Using monitoring data, pesticide properties,

and soil and hydrologic data, the Agency identified conditions under which exposures similar to that estimated in the NMC CRA may occur: private wells drawing from shallow, acidic GW with high saturated hydraulic conductivities in the soil/ vadose zone. This has allowed the Agency to move toward a spatiallyexplicit characterization of potential high exposure areas. Slide 52 of 52 Drinking Water Question # 3 W3. Please comment on the performance of the models against the available monitoring data. What additional considerations should be taken in when applying modeled estimates to risk assessments for areas where monitoring data are not available?


[Federal Register Volume 77, Number 173 (Thursday, September 6, 2012)]
[Proposed Rules]
[Pages 54860-54862]
[FR Doc No: 2012-21827]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2012-0867; Airspace Docket No. 12-AGL-4]
RIN 2120-AA66

Proposed Modification of VOR Federal Airway V-170 in the Vicinity
of Devils Lake, ND

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify VHF Omnidirectional Range (VOR)
Federal airway V-170 between Devils Lake, ND (DVL), and Jamestown, ND
(JMS). The FAA is proposing this action to ensure the airway provides
the necessary clearance from the western boundary of the newly
established restricted area R-5402, Devils Lake, ND, to support non-
radar separation requirements when the restricted area is active.

DATES: Comments must be received on or before October 22, 2012.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue SE.,
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001;
telephone:<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2012-
0867 and Airspace Docket No. 12-AGL-4 at the beginning of your
comments. You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace Policy & ATC
Procedures Group, Office of Airspace Services, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2012-0867 and Airspace Docket No. 12-AGL-4) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2012-0867 and Airspace Docket No. 12-AGL-4.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for

comments will be considered before taking action on the proposed rule.
The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Central Service Center, Operations
Support Group, Federal Aviation Administration, 2601 Meacham Blvd.,
Fort Worth, TX 76137.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

Background

    The Minneapolis Air Route Traffic Control Center requested the
establishment of a new VOR Federal airway between DVL and JMS, west of
V-170, to provide necessary clearance from the western boundary of R-
5402, established for hazardous laser training activities, in support
of non-radar separation requirements. Their request proposed the new
airway use the DVL VOR 180[deg] (M) and JMS VOR 327[deg] (M) radials to
provide the required non-radar separation and airway clearance from R-
5402, regardless of the restricted area status, as well as 15 degrees
of separation from V-170. The Central Service Center (CSC) conducted a
feasibility review of the request and recommended amending the existing
V-170 airway between DVL and JMS instead of creating a new airway in
that area.
    The Feasibility Review Panel considered potential impacts to flight
procedures, safety, environmental, air traffic control procedures, and
other pending en route or terminal actions in their review, and
determined that amending V-170 between DVL and JMS would be the best
alternative. They also determined that inserting a slight ``dogleg'' to
the west, in V-170 between DVL and JMS, would provide a non-radar
routing clear of R-5402 and allow nonparticipating aircraft below 8,000
feet MSL to have unimpeded transit between DVL and JMS.
    This proposed action to amend V-170 is expected to ensure
availability of the airway between DVL and JMS regardless of restricted
area status with minimal impact to the aviation community.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 to modify V-170 between Devils Lake, ND,
and Jamestown, ND, by inserting a slight dogleg west of the current
location. This action is proposed as a result of the V-170 airway width
abeam R-5402 overlapping the western boundary of the recently
established R-5402 and to retain the availability of the navigation
route structure between DVL and JMS regardless of the activation status
of R-5402.
    The FAA proposes using the DVL VOR 187[deg] (T)/180[deg] (M) and
JMS VOR 337[deg] (T)/327[deg] (M) radials to redefine the airway
segment and establish the FARRM fix at the intersection of the DVL VOR
187[deg] (T)/180[deg] (M) and JMS VOR 337[deg] (T)/327[deg] (M)
radials. The FARRM fix would be described as the intersection of those
navigation aid radials in the legal description. Specifically, the V-
170 description would be amended by replacing the ``Jamestown, ND;''
reference with ``INT Devils Lake 187[deg] (T)/180[deg] (M) and
Jamestown, ND, 337[deg] (T)/327[deg] (M) radials; Jamestown;''. The
magnetic radial information would be removed in the final rule. This
proposed modification to V-170 would add less than three nautical miles
to the existing airway segment, ensure availability of V-170 between
DVL and JMS regardless of the status of R-5402, reduce airspace
complexity in the area, and enhance flight safety.
    VOR Federal airways are published in paragraph 6010(a) of FAA Order
7400.9V dated August 9, 2011 and effective September 15, 2011, which is
incorporated by reference in 14 CFR 71.1. The VOR Federal Airways
listed in this document would be subsequently published in the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation: (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under Department of Transportation (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 proposed 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 the
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 proposes to modify VOR Federal Airways in the vicinity of Devils
Lake, ND.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures,'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

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

    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]

    2. The incorporation by reference in 14 CFR 71.1 of the FAA Order
7400.9V, Airspace Designations and Reporting

Points, dated August 9, 2011, and effective September 15, 2011, is
amended as follows:

Paragraph 6010(a) Domestic VOR Federal Airways

* * * * *

V-170 [Amended]

    From Devils Lake, ND; INT Devils Lake 187[deg] (T)/180[deg] (M)
and Jamestown, ND, 337[deg] (T)/327[deg] (M) radials; Jamestown;
Aberdeen, SD; Sioux Falls, SD; Worthington, MN; Fairmont, MN;
Rochester, MN; Nodine, MN; Dells, WI; INT Dells 097[deg] and Badger,
WI, 304[deg] radials; Badger; INT Badger 121[deg] and Pullman, MI,
282[deg] radials; Pullman; Salem, MI. From Erie, PA; Bradford, PA;
Slate Run, PA; Selinsgrove, PA; Ravine, PA; INT Ravine 125[deg] and
Modena, PA, 318[deg] radials; Modena; Dupont, DE; INT Dupont
223[deg] and Andrews, MD, 060[deg] radials; to INT Andrews 060[deg]
and Baltimore, MD, 165[deg] radials. The airspace within R-5802 is
excluded.

    Issued in Washington, DC, on August 28, 2012.
Gary A. Norek,
Manager, Airspace Policy & ATC Procedures Group.
[FR Doc. 2012-21827 Filed 9-5-12; 8:45 am]
BILLING CODE 4910-13-P