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

      	UNITED STATES ENVIRONMENTAL PROTECTION AGENCY        		WASHINGTON, D.C. 20460                                                                   8/15/2012                                                                                OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION MEMORANDUM

SUBJECT:	Product Chemistry Scoping Document for the Registration Review of Chemical Name.

            Registration Review Case #:		4107             PC Code:						116801, 116802             CAS Numbers:					525-79-1             Chemical Class:					Biochemical                                                                    FROM:		Sadaf Shaukat, Biologist /s/  8/15/12             Biochemical Pesticides Branch             Biopesticides & Pollution Prevention Division (7511P)

TO:			Cheryl Greene, Regulatory Action Leader             Biochemical Pesticides Branch             Biopesticides & Pollution Prevention Division (7511P)

ACTION REQUESTED 	A preliminary assessment of available information on product chemistry data associated with the biopesticide cytokinins in support of the development of a Registration Review Work Plan.

Introduction

	The EPA has made the determination that there is adequate information available on cytokinins, including cytokinin, kinetin, and N[6]-benzyladenine, and does not foresee the need for additional biochemical pesticide product chemistry data for products that currently contain cytokinins as the technical grade active ingredient.  The three substances are plant growth regulators, which enhance the growth and development of plants. Cytokinin products have been registered with the EPA since 1978. Currently there are sixty-eight active registrations of products containing cytokinins. The Agency exempts cytokinins from the requirement of a tolerance when used as a plant regulator on plants, seeds, or cuttings and on all food commodities after harvest (see 40 CFR 180.1157). In addition, the Agency exempts N[6]-benzyladenine from the requirement of a tolerance when used in or on apple and pear at a rate of <=182 grams of active ingredient per acre per season, and in or on pistachio when applied at a rate of <=60 grams of active ingredient per acre per season (see 40 CFR 180.1150).

Concerning the product chemistry of cytokinins, all biochemical pesticide data requirements for the technical grade active ingredient have been satisfied and are summarized in Table 2. While no further product chemistry data are necessary for the products currently registered, future registrations must adequately address all of the biochemical pesticides product chemistry data requirements.

Table 1. Product Identity and Composition for Cytokinin/Kinetin Common Name Cytokinin/Kinetin Chemical Name, IUPAC N-(2-Furanylmethyl)-9H-purin-6-amine  Molecular Weight 215.21 g/mol PC Code 116801/116802 CAS Registry Number 525-79-1 Empirical Formula C10H9N5O  Registration Review Case Number 4107 Chemical Structure

Product Chemistry Summary The Agency has conducted a review of the available product chemistry data and information.  These data are summarized below.

Table 2. Biochemical Pesticides Product Chemistry Data Requirements for Chemical Name                                  Guideline No.                        Physical and Chemical Properties                                    Status[1]                                      Value                                      MRID/                                     Source 830.1100 Product Identity and Composition                                        A Refer to Table 1. N/A 830.1200 Description of starting materials, production and formulation process                                        A CBI 48541201 830.1400 Discussion of formation of impurities                                        A CBI 48541201 830.1700 Preliminary analysis                                        A CBI 48541202 830.6302 Color                                        A White 44911003 830.6303 Physical state                                        A Crystals 44911003 830.6304 Odor                                        A Odorless  44911003 830.6313 Stability to normal and elevated temperatures, metals and metal ions                                       N/A

830.7000 pH                                        A 7.4 (25[o]C) 44911003 830.7050 UV/Visible light absorption

                                      N/A

830.7200 Melting point/melting range                                        A 265-266 [o]C 44911003 830.7220 Boiling point/boiling range                                        A 524.4 [0]C (at 760 mmHg) LookChem 830.7300 Density                                        A 1.4374 g/cm[3] 44911003 830.7520 Particle size, fiber length, and diameter distribution                                       N/A

830.7550 830.7560 830.7570 Partition coefficient (n-Octanol/Water)                                       N/A

830.7840 Water solubility                                         A 51.0 mg/L (25[o]C) 44911003 830.7950 Vapor pressure                                        A Negligible FisherScien-tific    1. A=Acceptable. N/A=Not Applicable. N/D=Not Determined

                                  References

Fisher Scientific, Online. 8/15/2012. http://www.fishersci.com/ecomm/servlet/msdsproxy?productName=BP9421&productDescription=KINETIN+1GM&catNo=BP942-1&vendorId=VN00033897&storeId=10652

LookChem, Online. 08/15/2012. http://www.lookchem.com/cas-525/525-79-1.html

Merck Index, Online. 08/14/2012.

Shi, Xiaoluo and Qin, Guohong. Color, Physical State, Odor, Melting Point, Density, Solubility and pH of Kinetin Technical. Private Study by LT BioSyn, Inc. Submitted to EPA. MRID 44911003.


[Federal Register Volume 81, Number 56 (Wednesday, March 23, 2016)]
[Proposed Rules]
[Page 15497]
[FR Doc No: 2016-06437]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R09-RCRA-2015-0822; FRL-9943-96-Region 9]

Nevada: Final Authorization of State Hazardous Waste Management
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: Nevada has applied to the Environmental Protection Agency
(EPA) for final authorization of changes to its hazardous waste program
under the Resource Conservation and Recovery Act (RCRA). These changes
correspond to certain federal rules promulgated between July 1, 2005,
and June 30, 2008 (also known as RCRA Clusters XVI through XVIII). With
this proposed rule, EPA is proposing to grant final authorization to
Nevada for these changes.

DATES: Send your written comments by May 9, 2016.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R09-RCRA-2015-0822 at http://www.regulations.gov or follow the detailed
instructions in the ADDRESSES section of the direct final rule which is
located in the ``Rules and Regulations'' section of today's Federal
Register.

FOR FURTHER INFORMATION CONTACT: Laurie Amaro, 75 Hawthorne Street, San
Francisco, CA 94105<EMAIL_ADDRESS>415-972-3364.

SUPPLEMENTARY INFORMATION: Along with this proposed rule, EPA is
publishing a direct final rule in the ``Rules and Regulations'' section
of today's Federal Register pursuant to which EPA is authorizing these
changes. EPA did not issue a proposed rule before today because EPA
believes this action is not controversial and does not expect comments
that oppose it. EPA has explained the reasons for this authorization in
the direct final rule. Unless EPA receives written comments that oppose
this authorization during the comment period, the direct final rule in
today's Federal Register will become effective on the date it
establishes, and EPA will not take further action on this proposal. If
EPA receives comments that oppose this action, EPA will withdraw the
direct final rule and it will not take effect. EPA will then respond to
public comments in a later final rule based on this proposed rule. You
may not have another opportunity to comment on these state program
changes. If you want to comment on this action, you must do so at this
time. For additional information, please see the direct final rule
published in the ``Rules and Regulations'' section of today's Federal
Register.

    Dated: March 9, 2016.
Jared Blumenfeld,
Regional Administrator, Region 9.
[FR Doc. 2016-06437 Filed 3-22-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 59 (Tuesday, March 28, 2023)]
[Notices]
[Pages 18356-18358]
[FR Doc No: 2023-06321]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97183; File No. SR-CFE-2023-001]

Self-Regulatory Organizations; Cboe Futures Exchange, LLC; Notice
of a Filing of a Proposed Rule Change To Update Regulatory Independence
Policies

March 22, 2023.
    Pursuant to Section 19(b)(7) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on March 10, 2023 Cboe
Futures Exchange, LLC (``CFE'' or ``Exchange'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change described in Items I, II, and III below, which Items have been
prepared by CFE. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons. CFE also
has filed this proposed rule change with the Commodity Futures Trading
Commission (``CFTC''). CFE filed a written certification with the CFTC
under Section 5c(c) of the Commodity Exchange Act (``CEA'') \2\ on
March 10, 2023.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(7).
    \2\ 7 U.S.C. 7a-2(c).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Description of the Proposed Rule
Change

    CFE is proposing to update CFE Policy and Procedure XIII (Cboe
Global Markets, Inc. and Subsidiaries Regulatory Independence Policy
for Regulatory Group Personnel) (``P&P XIII'') and CFE Policy and
Procedure XIV (Cboe Global Markets, Inc. and Subsidiaries Regulatory
Independence Policy for Non-Regulatory Group Personnel) (``P&P XIV'')
(collectively, ``Regulatory Independence Policies'' or ``Policies'') of
the Policies and Procedures Section of the CFE Rulebook.
    The scope of this filing is limited solely to the application of
the proposed rule change to security futures that may be traded on CFE.
Although no security futures are currently listed for trading on CFE,
CFE may list security futures for trading in the future. The text of
the proposed rule change is attached as Exhibit 4 to the filing but is
not attached to the publication of this notice.

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

    In its filing with the Commission, CFE 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. CFE 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, Proposed Rule Change

1. Purpose
    CFE is a subsidiary of Cboe Global Markets, Inc. (``CGM''). CGM,
CFE, and other U.S. trading venue subsidiaries of CGM previously
adopted the Regulatory Independence Policies and make updates to the
Regulatory Independence Policies from time to time. The Regulatory
Independence Policies are incorporated into the Policies and Procedures
Section of the CFE Rulebook in P&P XIII and P&P XIV.
    The updates to the Regulatory Independence Policies being made by
the proposed rule change include the following:
    The titles of the Regulatory Independence Policies are proposed to
be updated. The title of the Regulatory Independence Policy in P&P XIII
is proposed to be Cboe Global Markets, Inc. and Subsidiaries Regulatory
Independence Policy for Cboe U.S. Exchanges (Regulatory Group Personnel
Version) and the title of the Regulatory Independence Policy in P&P XIV
is proposed to be Cboe Global Markets, Inc. and Subsidiaries Regulatory
Independence Policy for Cboe U.S. Exchanges (Non-Regulatory Group
Personnel Version). The titles of the Regulatory Independence Policies
are proposed to be updated in order to reflect that the Policies are
applicable to Cboe U.S. Exchanges, as further described in the
following paragraph.
    Similarly, the provisions of the Regulatory Independence Policies
are proposed to be revised to make clear that they apply to Cboe U.S.
Exchanges. Cboe U.S. Exchanges under the Policies include Cboe
Exchange, Inc., Cboe C2 Exchange, Inc., Cboe BZX Exchange, Inc., Cboe
BYX Exchange, Inc., Cboe EDGA Exchange, Inc., Cboe EDGX Exchange, Inc.,
CFE, Cboe Digital Exchange, LLC (``Cboe Digital''), and Cboe SEF, LLC
(``Cboe SEF''). All of these trading venues are currently referenced in
the Regulatory Independence Policies with the exception of Cboe
Digital.
    The Regulatory Independence Policies are proposed to be updated to
apply to Cboe Digital. Cboe Digital is a designated contract market
(``DCM'') registered with the CFTC that became a subsidiary of CGM
during 2022.
    Each Regulatory Independence Policy is proposed to be revised to
specifically refer to the other Regulatory Independence Policy as a
companion version of that Regulatory Independence Policy. This proposed
change is intended (i) to make clear to anyone reviewing the Regulatory
Independence Policy applicable to Regulatory Group personnel that there
is a related Regulatory Independence Policy with similar provisions
that applies to Non-Regulatory Group personnel and (ii) to make clear
to anyone reviewing the Regulatory Independence Policy applicable to
Non-Regulatory Group personnel that there is a related Regulatory
Independence Policy with similar provisions that applies to Regulatory
Group personnel.
    The Regulatory Independence Policies are proposed to be revised to
update the definition of the Regulatory Group under the Policies to
refer to those employees supporting the regulatory functions of the
Cboe U.S. Exchanges and to indicate that those employees include (i)
all regulatory employees in the Regulatory Division for the Cboe U.S.
Exchanges; (ii) any employee of any Cboe Company (as defined below) who
is performing services for the Regulatory Group, including for example,
when providing such services, Legal Division and Compliance Department
employees as well as systems and database personnel who are assigned to
work on matters for the Regulatory Group; and (iii) employees of a
regulatory services provider providing regulatory services for a Cboe
U.S. Exchange pursuant to any Regulatory Services Agreement (``RSA'').
All other employees of any Cboe Company are

considered non-Regulatory Group Personnel under the Policies.
    The Regulatory Independence Policies are proposed to be revised to
add references to Cboe Digital where appropriate and to note regulatory
provisions that CFE, Cboe Digital, and Cboe SEF are required to enforce
and how those obligations apply to each of those entities. As proposed
to be revised in this respect, the Regulatory Independence Polices
would provide that: Under the CEA, CFE, Cboe Digital, and Cboe SEF are
required to enforce compliance by their trading privilege holders and
participants and their related parties with the CEA, the regulations of
the CFTC, and, to the extent applicable, that exchange's rules, certain
rules of the Federal Reserve Board (for CFE), certain rules of The
Options Clearing Corporation (for CFE) or Cboe Clear Digital, LLC (for
Cboe Digital), and the Act, and rules and regulations promulgated
pursuant to the SEA (for CFE). These proposed additions of references
to Cboe Digital in the Regulatory Independence Policies do not
substantively change the descriptions in the Policies of the regulatory
provisions that CFE is required to enforce and how those obligations
apply to CFE.
    The Regulatory Independence Policies are proposed to be updated to
define the term Member under the Policies to encompass a trading permit
holder, trading privilege holder, permit holder, member, participant,
or other person or entity with trading privileges on a market of a Cboe
U.S. Exchange. The Regulatory Independence Policies are also proposed
to be revised to utilize the term Member in place of the term trading
permit holder since the term Member is a broader term and captures the
various types of members on the Cboe U.S. Exchanges.
    The Regulatory Independence Policies are proposed to be revised to
specifically note that the Cboe U.S. Exchanges may enter into RSAs with
regulatory service providers.
    The Regulatory Independence Policies are proposed to be amended to
reference the Cboe U.S. Exchanges in various provisions within the
Policies instead referencing a Cboe Company in instances in which the
applicable provision is intended to refer more specifically to the Cboe
U.S. Exchanges instead of to the broader term Cboe Company. A Cboe
Company includes CGM, the Cboe U.S. Exchanges, and any other subsidiary
or affiliate of CGM. The proposed rule change also includes other
proposed revisions which reference both the Cboe U.S. Exchanges and any
other Cboe Company where the applicable provision is meant to apply to
both. These proposed amendments are proposed clarifying changes and are
not intended to alter the current substantive provisions of the
Regulatory Independence Policies. Instead, they are intended to use
more precise terminology and to further clarify which entities various
provisions are intended to reference. For example, one of these
provisions currently reads: All regulatory decisions shall be made
without regard to the actual or perceived business interests of the
Cboe Companies or any of their trading permit holders. As it is
proposed to be revised, this provision would read: All regulatory
decisions shall be made without regard to the actual or perceived
business interests of the Cboe U.S. Exchanges and any other Cboe
Companies or any of the Cboe U.S. Exchange Members.
    The Regulatory Independence Policies are proposed to be revised to
make clear that regulatory matters under the Policies include, among
other things, any regulatory investigation, examination, inquiry, or
complaint that is being investigated or brought by the CFTC.
    The Regulatory Independence Policies are proposed to be updated to
refer to the Regulatory Oversight Committees of the Cboe U.S. Exchanges
instead of to Regulatory Oversight and Compliance Committees, which was
a name for those committees that was previously used by some of the
Cboe U.S. Exchanges.
    The Regulatory Independence Policies are proposed to be amended to
provide that regulatory matters may be discussed with the CGM Risk
Committee in connection with its oversight of CGM's risk assessment and
risk management, including risks related to Cboe U.S. Exchanges'
compliance with applicable laws, regulations, and policies. Similarly,
the Regulatory Independence Policies are proposed to be amended to
provide that the Chief Regulatory Officer of the applicable Cboe U.S.
Exchange will have direct access to the CGM Risk Committee Chair to
discuss matters related to oversight of CGM's risk assessment and risk
management, including risks related to Cboe U.S. Exchanges' compliance
with applicable laws, regulations, and policies. Similar provisions
currently apply with respect to the CGM Board and CGM Audit Committee
and references to the CGM Risk Committee and CGM Risk Committee Chair
are proposed to be added to the Policies in this regard in light of the
role of the CGM Risk Committee with regard to risk assessment and risk
management.
    The Regulatory Independence Policies are also proposed to be
updated to include various non-substantive and technical revisions
which do not affect the content and substance of the Policies. For
example, the Securities Exchange Act of 1934 is currently referred to
in the Regulatory Independence Policies as the Securities and Exchange
Act of 1934 and is currently defined in short form in the Policies as
the ``Act''. The Regulatory Independence Policies are proposed to be
revised to correct the references to that statute by removing the word
``and'' from within the current references to the full name of that
statute and by also changing the defined term for that statute within
the Polices from the ``Act'' to the ``SEA''. As another example, bullet
point lists within the Regulatory Independence Policies are proposed to
be revised so that each bullet point within the lists starts with a
lower case word instead of a capitalized word.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\3\ in general, and furthers the
objectives of Sections 6(b)(1) \4\ and 6(b)(5) \5\ in particular, in
that it is designed:
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(1).
    \5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

     to enable the Exchange to enforce compliance by its
Trading Privilege Holders and persons associated with its Trading
Privilege Holders with the provisions of the rules of the Exchange,
     to prevent fraudulent and manipulative acts and practices,
     to promote just and equitable principles of trade,
     to remove impediments to and perfect the mechanism of a
free and open market and a national market system,
     and in general, to protect investors and the public
interest.
    The proposed rule change retains the current substantive provisions
of the Regulatory Independence Policies within CFE's rules while
updating the Policies to clarify that they apply to the Cboe U.S.
Exchanges, which now includes Cboe Digital, and to make clarifying
updates to titles, terms, definitions, and provisions within the
Policies where appropriate and necessary. By retaining the current
substantive provisions of the Regulatory Independence Policies within
CFE's rules, the proposed rule change

contributes to minimizing conflicts of interest in the decision-making
process of CFE and to the preservation of the independence of the
Exchange's Regulatory Group as it performs regulatory functions for the
Exchange. The Exchange believes that the proposed rule change is
equitable and not unfairly discriminatory in that the Regulatory
Independence Policies apply equally in relation to all CFE Trading
Privilege Holders.

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

    CFE does not believe that the proposed rule change will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act, in that the proposed rule change contributes
to CFE's ability to carry out its responsibilities as a self-regulatory
organization. The Exchange believes that the proposed rule change will
not impose any undue burden on competition because the Regulatory
Independence Policies apply equally in relation to all CFE Trading
Privilege Holders.

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 proposed rule change will become operative on March 24, 2023.
At any time within 60 days of the date of effectiveness of the proposed
rule change, the Commission, after consultation with the CFTC, may
summarily abrogate the proposed rule change and require that the
proposed rule change be refiled in accordance with the provisions of
Section 19(b)(1) of the Act.\6\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(1).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-CFE-2023-001 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CFE-2023-001. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CFE-2023-001, and should be submitted on
or before April 18, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(73).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-06321 Filed 3-27-23; 8:45 am]
BILLING CODE 8011-01-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C.  20460

OFFICE OF

PREVENTION, PESTICIDES

AND TOXIC SUBSTANCES

MEMORANDUM

Date:		15-AUG-2007

Subject:	PP# 6E7150.  Etoxazole.  Registration for Use on Cherries,
Hops, and Melon Subgroup 9A.  Summary of Analytical Chemistry and
Residue Data.

DP#:  		335334		Decision#:  330258

PC Code:	107091		MRID#: 470036-01 thru 470036-03

40 CFR:		180.593		Chemical Class:  unclassified acaricide

From:		Jennifer R. Tyler, Chemist

Sarah J. Levy, Chemist

Registration Action Branch (RAB1)

Health Effects Division (HED; 7509P)

Through:	George F. Kramer, Ph.D., Senior Chemist

RAB/HED (7509P)

To:		Sidney Jackson/Daniel Rosenblatt, PM Team 05

Registration Division (RD, 7505P)

Executive Summary

Etoxazole
[2-(2,6-difluorophenyl)-4-[4-(1,1-dimethylethyl)-2-ethoxyphenyl]-4,5-dih
ydrooxazole] is a contact acaricide/ovicide that is currently registered
in the United States (U.S.) for the control of mites on various raw
agricultural commodities (RACs).  Permanent tolerances have been
established for residues of etoxazole in/on plant commodities, ranging
from 0.05 ppm for cottonseed to 1.0 ppm for cotton gin byproducts [40
CFR §180.593(a)].  Tolerances have also been established for etoxazole
residues in fat (0.02 ppm) and liver (0.01 ppm) of ruminants and in milk
fat (0.01 ppm).

The Interregional Research Project Number 4 (IR-4) has submitted a
petition (PP# 6E7150) proposing uses for etoxazole, formulated as Zeal®
Wettable Powder (WP; EPA Reg. No. 59639-123) and Secure® WP (EPA Reg.
No. 59639-138) on cherries, hops, and melon subgroup 9A.  The petitioner
has proposed the establishment of permanent tolerances for etoxazole
residues of 0.70 ppm in/on cherries; 7.0 ppm in/on hop, dried cones; and
1.5 ppm in/on melon, subgroup 9A.

The qualitative nature of etoxazole residues in plants is understood
based upon the plant metabolism studies on cotton, eggplant, apple and
orange.  In plants, etoxazole may undergo photo-oxidation to yield
Metabolite R-13.  Parent and Metabolite R-13 then undergo opening of the
oxazole ring to form a variety of metabolites (R-4, R-7, R-14, and R-3),
and subsequent cleavage of the opened ring forms Metabolites DFB, R-8,
R-10, R-11, R-12, and R-15.The HED Metabolism Assessment Review
Committee (MARC, 4/23/03) concluded that only parent should be included
in the tolerance expression for all plant commodities.  For risk
assessment purposes, only parent will be considered for most plant
commodities; however, Metabolite R-3 should also be included in the risk
assessment for cotton gin byproducts and almond hulls.

In the crop field trials submitted with the current petition, residues
of etoxazole were determined using modifications of previously submitted
gas chromatography (GC) with nitrogen-phosphorus detector (NPD) or
mass-selective detector (MSD) methods (Methods RM-37, or RM-37HM).
These methods have been reviewed by HED and deemed adequate for data
collection.  The methods and any modifications were also adequately
validated in conjunction with the sample analyses.  In addition, the
current tolerance enforcement methods are adequate for enforcing the
proposed tolerances on the proposed tolerances.  The aforementioned
methods were forwarded to the Analytical Chemistry Laboratory (ACL) for
Agency petition method validations (PMVs) (Memos, J. Tyler, 6/17/03;
D290912 and D290914).

Food and Drug Administration (FDA) multiresidue methods (MRMs) may be
used to determine residues of etoxazole in fatty and non-fatty matrices
and to determine residues of Metabolite R-3 in nonfatty matrices.
Etoxazole was completely recovered from fortified samples of apple using
Methods 302, E1 with GC/NPD or Method 303, C1 or C2 with GC/NPD.
Etoxazole was partially recovered from cottonseeds (fatty matrix) using
Method 304, E5, C1 or C2 with GC/NPD.  Metabolite R-3 could be
completely recovered from cotton gin byproducts using Method 302, E4
using GC/NPD.  However, matrix interferences enhanced the recoveries of
R-3 from gin byproducts.  The results of the MRM testing were forwarded
to the FDA for inclusion in the Pesticide Analytical Method (PAM) Vol. I
(Memo, J. Tyler, 6/17/03; D290919).

Adequate storage stability data are available to support the current
magnitude of the residue and processing studies.  The available hop
storage stability data are adequate to support crop field trial data.
For cherries and cantaloupe, adequate storage stability data are
available; however, residue values were corrected in order to correct
for storage dissipation (64% and 67% for cherries and cantaloupe,
respectively).

The submitted cherry field trial data reflect a total of 2 foliar
applications of etoxazole (Zeal® 72 WDG) on tart and sweet cherries at
a rate of 0.135 pounds (lb) active ingredient (ai)/acre (A)/application
for a total application rate of 0.27 lb ai/A [2x the maximum proposed
seasonal application rate; preharvest interval (PHI)=7 days].  The
results show that corrected residues of etoxazole (corrected for storage
dissipation) in tart and sweet pitted cherries were 0.31-1.2 ppm and
0.13-0.28 ppm, respectively.

The submitted cantaloupe field trial data reflect a total of 2 foliar
applications of etoxazole (Zeal® 72 WDG) on cantaloupes at a rate of
0.135 lb ai/A/application for a total application rate of 0.27 lb ai/A
(2x the maximum proposed seasonal application rate; PHI=5-8 days).  The
results show that residues of etoxazole (corrected for storage
dissipation) in cantaloupe were 0.016-0.12 ppm.

The submitted hop field trial data reflect a total of 2 foliar
applications of etoxazole (Zeal® 72 WDG) on hops at a rate of 0.198 lb
ai/A, for at total application rate of approximately 0.396 lb ai/A (~3x
the maximum proposed seasonal application rate; PHI=6-7 days).  The
results show that residues of etoxazole in dried hop cones were
1.98-4.18 ppm.

The application rates used in the cherry (2 applications at 0.135 lb
ai/A/application for a total application rate of 0.27 lb ai/A),
cantaloupe (2 applications at 0.135 lb ai/A/application for a total
application rate of 0.27 lb ai/A), and hop field trials (2 applications
at 0.198 lb ai/A/application for a total application rate of 0.396 lb
ai/A) do not match the proposed application rates (1 application at
0.135 lb ai/A for cherry and melon; 1 application at 0.180 lb ai/A for
hops).  However, as the residue decline data show that residues decrease
in cherries and cantaloupe with increasing PHIs, the majority of the
residues seen the field trials would most likely be due to the second
application.  Therefore, potential residues of etoxazole in/on cherries
and cantaloupe will not be underestimated.  Based on the highest-average
field trial (HAFT) residues in cherries and cantaloupe the residue data
are adequate to support tolerances for cherry, tart (0.60 ppm); cherry,
sweet (0.20 ppm); and vegetable, cucurbit subgroup 9A (0.15 ppm).  For
hops, the available residue decline data show that residues of etoxazole
do not decrease significantly in dried hop cones with increasing PHIs.
Based on the HAFT residue of 4.14 ppm, the available data are adequate
to support a conditional registration and a permanent tolerance of 5.0
ppm on hop, dried cones.  The registration should be made unconditional
upon submission of additional side-by-side data as follows:  1 trial
each at 2 x 0.198 = 0.396 lb ai/A (exaggerated application rate, PHI = 7
days) and one at 0.180 lb ai/A (proposed application rate, PHI = 7
days), 4 samples per trial.  As R3 is a metabolite of concern in cotton
gin byproducts, and a metabolism data are not available for hops, R3 is
a potential residue of concern for this crop.  Therefore, the requested
side-by-side hop field trial should include data for R3, as well as the
parent.  Subsequent to the submission of these data, RAB1 will make a
determination as to whether or not R3 is a residue of concern in hops.

There are no rotational crop restrictions on the proposed labels.  HED
concluded that, based on the available confined rotational crop data, no
rotational crop restrictions would be required for rotational crops
following applications at rates totaling 0.135 lb ai/A/season, which is
the maximum proposed application rate for cantaloupe (the only proposed
use that is considered to be a rotated crop).  Therefore, the available
rotational crop data are adequate to support the proposed uses.

There are no established or proposed Codex, Canadian or Mexican maximum
residue limits (MRLs) for etoxazole; therefore, harmonization is not an
issue for this action.

Residue Chemistry Deficiencies

Revised Section F.

Additional residue data on hops as follows:  1 trial each at 2 x 0.198 =
0.396 lb ai/A (exaggerated application rate, PHI = 7 days) and one at
0.180 lb ai/A (proposed application rate, PHI = 7 days), 4 samples per
trial.  As R3 is a metabolite of concern in cotton gin byproducts, and a
metabolism data are not available for hops, R3 is a potential residue of
concern for this crop.  Therefore, the requested side-by-side hop field
trial should include data for R3, as well as the parent.  Subsequent to
the submission of these data, RAB1 will make a determination as to
whether or not R3 is a residue of concern in hops.

Recommendations

Provided a revised Section F is submitted and successful Agency PMVs of
the analytical enforcement methods are reported, the available residue
chemistry data support the establishment of the following:

Unconditional registration and permanent tolerances for residues of
etoxazole per se in/on the following RACs:  cherry, sweet (0.60 ppm);
cherry, tart (0.20 ppm); and vegetable, cucurbit subgroup 9A (0.15 ppm).

Conditional registration and permanent tolerance for residues of
etoxazole per se in/on hop, dried, cone at 5.0 ppm.  The registration
should be made unconditional upon submission of additional residue data
as specified above.

A human-health risk assessment is forthcoming.

Background

Etoxazole is a contact acaricide/ovicide used for the control of
tetranychid mite species.  It is currently registered for use on cotton,
pome fruits, and strawberries.  Permanent tolerances have been
established for residues of etoxazole in/on plant commodities, ranging
from 0.05 ppm in cottonseed to 1.0 ppm in cotton gin byproducts [40 CFR
§180.593(a)].  Tolerances have also been established for etoxazole
residues in fat (0.02 ppm) and liver (0.01 ppm) of ruminants and in milk
fat (0.01 ppm).

sing uses for etoxazole, formulated as Zeal™ WP Miticide and Secure(
Miticide , in the U.S. on cherries, hops, and melon subgroup 9A.  In
conjunction with these uses, the petitioner has proposing the
establishment of permanent tolerances for etoxazole residues in/on the
following plant RACs:  cherry at 0.70 ppm; hop, dried cones at 7.0 ppm;
and melon, subgroup 9A at 0.15 ppm.  The nomenclature and
physicochemical properties of etoxazole are presented below in Tables 1
and 2.

Common name	Etoxazole

Company experimental names	S-1283, V-1283, YI-5301

IUPAC name
(RS)-5-tert-butyl-2-[2-(2,6-difluorophenyl)-4,5-dihydro-1,3-oxazol-4-yl]
phenetole

CAS name
2-(2,6-difluorophenyl)-4-[4-(1,1-dimethylethyl)-2-ethoxyphenyl]-4,5-dihy
drooxazole

CAS #	153233-91-1

End-use products/EP	72% WDG (Zeal® WP Miticide and Secure™ Miticide)

Table 2.	Physicochemical Properties of Etoxazole (TGAI)

Parameter	Value	References

Melting range	101.5-102.5(C	46018505.der.wpd

pH	6.2

	Density	1.2389 g/cm3

	Water solubility 	3.99 x 10-5 at 10(C

7.04 x 10-5 at 20(C

6.69 x 10-5 at 30(C

	Solvent solubility (g/L at 20(C)	acetone: 309		1,2-dichloroethane: 402

ethyl acetate: 249		n-heptane: 18.7

methanol: 104		xylene: 252

	Vapor pressure at 25(C	7.0 x 10-6 pascals

	Dissociation constant (pKa)	no measurable pKa

	Octanol/water partition coefficient Log(KOW)	5.52 ± 0.58 at 20(C

	UV/visible absorption	Not available.

860.1200 Directions for Use

Table 3.  Summary of Proposed Directions for Use of Etoxazole.

Application, Timing, Type, and Equipment	Formulation

(EPA Reg. No.)	Application Rate

(lb ai/A)	Maximum Number Applications/Season	RTI (days) 1	PHI

™ Miticide (59639-123)	0.09-0.135	0.135	1	-	7	A minimum application
volume of 50 gallon/A is recommended.

	Zeal® WP Miticide (59639-138)	0.09-0.135	0.135	1	-	7	A minimum
application volume of 50 gallon/A is recommended.

Hops

Broadcast foliar application; ground equipment.	Secure™ Miticide
(59639-123)	0.135-0.18	0.18	1	-	7	A minimum application volume of 50
gallon/A is recommended.

	Zeal® WP Miticide (59639-138)	0.135-0.18	0.18	1	-	7	A minimum
application volume of 50 gallon/A is recommended.

Melon Subgroup 9A

Broadcast foliar application; ground equipment.	Secure™ Miticide
(59639-123)	0.09-0.135	0.135	1	-	7	A minimum application volume of 50
gallon/A is recommended.

	Zeal® WP Miticide (59639-138)	0.09-0.135	0.135	1	-	7	A minimum
application volume of 50 gallon/A is recommended.

1.  RTI = minimum retreatment interval; PHI = minimum preharvest
interval.

2.  The proposed label does not include any rotational crop
restrictions.

HED Conclusions.  Although the submitted cherry, cantaloupe, and hop
crop field trials were conducted at exaggerated rates (~2-3x), HED
concludes that the data are adequate to support the proposed uses.
However, the registration on hops should be conditional until additional
crop field trial data are submitted.

860.1300 Nature of the Residue - Plants

The qualitative nature of etoxazole residues in plants is understood
based upon the plant metabolism studies on cotton, eggplant, apple and
orange.  In each of the studies, the major 14C-residue in/on various
matrices was identified as parent compound.  Based on the metabolite
profiles observed in these studies, etoxazole may undergo
photo-oxidation to yield Metabolite R-13.  Parent and Metabolite R-13
then undergo opening of the oxazole ring to form a variety of
metabolites (R-4, R-7, R-14, and R-3), and subsequent cleavage of the
opened ring forms Metabolites DFB, R-8, R-10, R-11, R-12, and R-15.

Based on the above studies, the MARC (Memo, J. Tyler, 6/17/03; D289666)
concluded that parent is the only residue of concern in plant
commodities for purposes of the tolerance expression and risk
assessment.  However, for cotton gin byproducts, the risk assessment
should also include Metabolite R-3.  In addition, based on the results
of the crop field trial on almonds, HED has determined that Metabolite
R-3 should also be included in the risk assessment for almond hulls
(Memo, J. Tyler, 3/30/05; D303628).

860.1340 Residue Analytical Methods

Adequate methods are available for enforcing the current plant and
livestock tolerances.  In the current trials and processing study,
samples were analyzed using either the proposed enforcement methods or a
slightly modified version of current enforcement methods.

The GC/MSD method used to analyze etoxazole residues in/on cherry
samples in the crop field trial study is a slightly modified version of
a previously-validated method (Method RM-37HM).  The method was
adequately validated in conjunction with the sample analyses.  The
validated LOQ was 0.0037 ppm and the LOD was 0.0012 ppm for etoxazole
in/on cherries.

The GC/NPD methods used to analyze etoxazole residues in/on cantaloupe
fruit and dried hop cones in the respective crop field trials are
slightly modified version of a previously-validated method (Method
RM-37).  The method was adequately validated in conjunction with the
sample analyses.  The validated LOQs were 0.0046 ppm and 0.2 ppm for
cantaloupe and hops, respectively; and the validated LODs were 0.0015
ppm and 0.1 ppm for etoxazole in/on cantaloupe and hops, respectively.

HED Conclusions.  The GC/NPD or MSD methods used in the submitted field
trials are adequate for determining residues of etoxazole in cherries,
cantaloupe, and hops.  The current tolerance enforcement methods are
also adequate for enforcing the proposed tolerances given the similarity
between these commodities and the plant commodities with established
tolerances (cottonseed, apple, strawberry, and tangerine).  The
aforementioned methods were forwarded to the ACL for Agency PMVs (Memos,
J. Tyler, 6/17/03; D290912 and D290914).

860.1360 MRM

FDA MRMs may be used to determine residues of etoxazole in fatty and
non-fatty matrices and to determine residues of Metabolite R-3 in
nonfatty matrices.  Etoxazole was completely recovered from fortified
samples of apple using Methods 302, E1 with GC/NPD or Method 303, C1 or
C2 with GC/NPD.  Etoxazole was partially recovered from cottonseeds
(fatty matrix) using Method 304, E5, C1 or C2 with GC/NPD.  Metabolite
R-3 could be completely recovered from cotton gin byproducts using
Method 302, E4 using GC/NPD.  However, matrix interferences enhanced the
recoveries of R-3 from gin byproducts. The results of the MRM testing
were forwarded to the FDA for inclusion in the PAM Vol. I (Memo, J.
Tyler, 6/17/03; D290919).

860.1380 Storage Stability

The maximum storage intervals for treated samples in the cherry,
cantaloupe, and hop crop field trial studies were 179, 72, and 60 days,
respectively.  Previously-submitted storage stability data (Memo, J.
Tyler, 7/17/03; D283737) indicate that etoxazole is stable at -20(C for
at least 3.5 months in apples, 2 months in strawberries, 6 months in
orange pulp, 12 months in orange peels, 17 months in cottonseed, and 6
months in cotton gin byproducts.  Additional storage stability data
conducted in conjunction with the current cherry, cantaloupe, and hop
field trials were submitted.  In the cherry crop field trial study,
samples fortified with 0.10 ppm and analyzed a 193 days had an average
recovery of 64%.  In the cantaloupe crop field trial study, samples
fortified with 0.10 ppm and analyzed at 50 and 126 days had average
corrected recoveries of 64% and 70%, respectively.  In the hops crop
field trial study, samples fortified with 0.10 ppm and analyzed at 84
days had an average corrected recovery of 101%.

HED Conclusions:  The available hop storage stability data are adequate
to support crop field trial data.  For cherries and cantaloupe, adequate
storage stability data are available; however, residue values were
corrected in order to correct for storage dissipation (64% and 67% for
cherries and cantaloupe, respectively).

860.1480 Meat, Milk, Poultry, and Eggs

There are no livestock feed commodities associated with the proposed
uses.

860.1500 Crop Field Trials

47003601.der  (cherries)

47003602.der (cantaloupe)

47003603.der (hops)

IR-4 has submitted cherry, cantaloupe and hop field trial data
supporting the proposed uses of etoxazole.  The results from the
currently reviewed field trials are discussed below and summarized in
Table 4.

Table 4.	Summary of Residues from the Crop Field Trials with Etoxazole.

Crop Matrix	Application Rate

(lb ai/A)

[g ai/A]	PHI (days)1	Etoxazole Residues (ppm) 2

	N	Min	Max.	HAFT3	Mean	Std. Dev.

Cherries (proposed use = 0.135 lb ai/A total application rate, 7-day
PHI)

Tart Cherry4	0.271-0.297	6-8	14	0.31	1.2	0.88	0.48	0.23

Sweet Cherry4	0.272-0.2897	6-8	12	0.13	0.28	0.29	0.20	0.050

Melon Subgroup 9A (proposed use = 0.135 lb ai/A total application rate,
7-day PHI)

Cantaloupe fruit4	0.264-0.278	5-8	18	0.016	0.12	0.12	0.042	0.027

Hops (proposed use = 0.18 lb ai/A total application rate, 7-day PHI)

Dried hop cones	0.3620.396

[165.7-181.4]	6-7	6	1.98	4.18	3.96	3.45	0.96

1.  PHI = preharvest interval.

2.  The LOQs are 0.0037 ppm, 0.0046 ppm, and 0.2 ppm in/on cherries,
cantaloupe and hops, respectively; the LOD was 0.0012 ppm, 0.0015 ppm,
0.1 ppm on cherries, cantaloupe, and hops, respectively.

3.  HAFT = highest-average field trial.

4.  Corrected residue values to account for storage dissipation were
used to determine residue summary information.

Cherries:  IR-4 has submitted field trial data for etoxazole on
cherries.  A total of thirteen (seven with tart cherries and six with
sweet cherries) were conducted in the United States during the 2004
growing season encompassing Regions 1 (NJ, n=1 tart), 5 (MI, n=6 – 4
tart and 2 sweet), 9 (CO, n=1 tart), 10 (CA, n=2 sweet), 11 (WA and ID,
n=2 – 1 tart and 1 sweet), and 12 (OR, n=1 sweet).

At each trial location, a total of 2 foliar-directed applications of
Zeal® 72 WDG, a water- dispersible granule formulation containing 72%
etoxazole as the ai, were applied at a rate of approximately 0.135 lb
ai/A/application (1x the maximum proposed single application rate) at
12- to 14-day retreatment intervals (RTIs) for a total application rate
of approximately 0.27 lb ai/A (2x the maximum proposed seasonal
application rate).  Samples were harvested 6-8 days following the second
application.  Additional samples were collected at the 04-WA13 and
04-MI16 at approximately 3, 7, and 14 days after the final application
in order to determine residue decline.  No spray additives were added to
the spray mixture.

Residues of etoxazole were 0.20-0.76 ppm in/on 14 tart cherry samples,
and 0.082-0.18 ppm in/on 12 sweet cherry samples harvested 6-8 days
following two foliar applications of etoxazole totaling ~0.27 lb ai/A.
The results show that corrected residues of etoxazole (corrected for
storage dissipation) in tart and sweet pitted cherries were 0.31-1.2 ppm
and 0.13-0.28 ppm, respectively.  The highest-average field trial (HAFT)
residues of etoxazole in tart and sweet cherries were 0.56 ppm and 0.17
ppm, respectively.  The results of the decline trials indicate that
residues of etoxazole declined to a maximum of 0.25 ppm by 14 days in
tart cherries, and 0.096 ppm in sweet cherries.

Melon Subgroup 9A:  IR-4 has submitted field trial data for etoxazole on
cantaloupe.  A total of nine field trials were conducted in the United
States during the 2004 growing season encompassing Regions 2 (MD and GA,
n=2), 5 (WI, n=1), 6 (TX, n=2), and 10 (NM and CA, n=4).

At each trial location, a total of 2 broadcast foliar applications of
Zeal® 72 WDG, a water- dispersible granule formulation containing 72%
etoxazole as the ai, were applied at a rate of approximately 0.135 lb
ai/A/application (1x the maximum proposed single application rate) at
21-day RTIs for a total application rate of approximately 0.27 lb ai/A
(2x the maximum proposed seasonal application rate).  Samples were
harvested 5-8 days following the second application.  Additional samples
were collected at the 04-NM01 at approximately 3, 8, and 14 days after
the final application in order to determine residue decline.  No spray
additives were added to the spray mixture.

Residues of etoxazole were 0.016-0.12 ppm in/on 18 cantaloupe samples
harvested 5-8 days following two foliar applications of etoxazole
totaling ~0.27 lb ai/A.  The results show that residues of etoxazole
(corrected for storage dissipation) in cantaloupe were 0.016-0.12 ppm.
The HAFT was 0.12 ppm.  The results of the decline trial indicate that
residues of etoxazole declined to a maximum of 0.010 ppm by 14 days.

Hops:  IR-4 has submitted field trial data for etoxazole on hops.  A
total of three field trials were conducted in the United States during
the 2003 growing season encompassing Regions11 (WA and ID, n=2), and 12
(OR, n=1).

At each trial location, a total of 2 foliar airblast applications of
Zeal™ 72 WDG, a water- dispersible granule formulation containing 72%
etoxazole as ai, were applied at a rate of approximately 0.198 lb ai/A
[90.7 grams (g) ai/A/application; ~1x the maximum proposed single
application rate], for at total application rate of approximately 0.396
lb ai/A (181.4 g ai/A; ~2x the maximum proposed seasonal application
rate).  For one trial, a second plot was treated with 2 foliar airblast
applications at 0.396 lb ai/A/application (181.4 g ai/A/application),
for a total application rate of 0.792 lb ai/A (362.8 g ai/A).  All
applications were made at 14- to 15-day RTIs, and hop cones were
harvested at commercial maturity, at 6- to 7-day PHIs.  Additional hop
samples were harvested at 2-, 6-, 13-, and 20-day PHIs from one trial
site to examine residue decline.  All samples were dried in commercial
driers after harvest.  A single control and duplicate treated samples
were collected from each trial.

Residues of etoxazole were 1.98-4.18 ppm in/on 6 dried hop cone samples
harvested 6-7 days following two foliar applications of etoxazole
totaling ~0.396 lb ai/A.  The results show that residues of etoxazole in
dried hop cones were 1.98-4.18 ppm.  The HAFT residue of etoxazole in
dried hop cones was 4.14 ppm.  Residue decline data show that residues
of etoxazole do not decrease significantly in dried hop cones with
increasing PHIs.

HED Conclusions.  For cherries, the crop field trial data are classified
as acceptable and satisfy the guideline requirement for crop field
trials (Residue Chemistry Guidelines OPPTS 860.1500). The location and
distribution of the field trials differ slightly from the recommended
distribution and locations.  A total of thirteen (seven with tart
cherries and six with sweet cherries) were conducted in Regions 1 (NJ,
n=1 tart), 5 (MI, n=6 – 4 tart and 2 sweet), 9 (CO, n=1 tart), 10 (CA,
n=2 sweet), 11 (WA and ID, n=2 – 1 tart and 1 sweet), and 12 (OR, n=1
sweet).  HED guidelines recommend Regions 1 (NJ, n=1 tart), 5 (MI, n=6
– 4 tart and 2 sweet), 9 (CO, n=1 tart), 10 (CA, n=2 sweet), and 11
(WA and ID, n=2 sweet).  However, the available data are adequate to
support the proposed use.

The submitted cherry field trial data reflect a total of 2 foliar
applications of etoxazole (Zeal® 72 WDG) on tart and sweet cherries at
a rate of 0.135 lb ai/A/application for a total application rate of 0.27
lb ai/A (2x the maximum proposed seasonal application rate; PHI=7 days).
 The results show that corrected residues of etoxazole (corrected for
storage dissipation) in tart and sweet pitted cherries were 0.31-1.2 ppm
and 0.13-0.28 ppm, respectively.  The results of the decline trials
indicate that residues of etoxazole declined to a maximum of 0.25 ppm by
14 days in tart cherries, and 0.096 ppm in sweet cherries.  The
application rates used in the field trials (2 applications at 0.135 lb
ai/A/application for a total application rate of 0.27 lb ai/A) does not
match the proposed application rate (1 application at 0.135 lb ai/A).
As the residue decline data show that residues decrease in cherries with
increasing PHIs, the majority of the residues seen the field trials
would most likely be due to the second application.  Therefore,
potential residues of etoxazole in/on cherries will not be
underestimated.  Based on the HAFT residues of 0.56 ppm and 0.17 ppm in
tart and sweet cherries, respectively, the residue data are adequate to
support tolerances of 0.60 ppm and 0.20 ppm for residues of etoxazole on
cherry, tart and cherry, sweet.

For cantaloupe, the crop field trial data for cantaloupe are classified
as acceptable and satisfy the guideline requirement for crop field
trials (Residue Chemistry Guidelines OPPTS 860.1500).  The submitted
cantaloupe field trial data reflect a total of 2 foliar applications of
etoxazole (Zeal® 72 WDG) on cantaloupes at a rate of 0.135 lb
ai/A/application for a total application rate of 0.27 lb ai/A (2x the
maximum proposed seasonal application rate; PHI=5-8 days).  The results
show that residues of etoxazole (corrected for storage dissipation) in
cantaloupe were 0.016-0.12 ppm. The application rate used in the field
trials (2 applications at 0.135 lb ai/A/application for a total
application rate of 0.27 lb ai/A) does not match the proposed
application rate (1 application at 0.135 lb ai/A).  As the residue
decline data show that residues decrease in cantaloupe with increasing
PHIs, the majority of the residues seen the field trials would most
likely be due to the second application.  Therefore, potential residues
of etoxazole in/on the cucurbit crop subgroup will not be
underestimated.  Based on the HAFT residue of 0.12 ppm, the residue data
are adequate to support a tolerance of 0.15 ppm on vegetable, cucurbit
subgroup 9A.

The crop field trial data for hops are classified as acceptable and
satisfy the guideline requirement for crop field trials (Residue
Chemistry Guidelines OPPTS 860.1500).  The submitted hop field trial
data reflect a total of 2 foliar applications of etoxazole (Zeal® 72
WDG) on hops at a rate of 0.198 lb ai/A, for at total application rate
of approximately 0.396 lb ai/A (~3x the maximum proposed seasonal
application rate; PHI=6-7 days).  The results show that residues of
etoxazole in dried hop cones were 1.98-4.18 ppm.  The application rate
used in the field trials (2 applications at 0.198 lb ai/A/application
for a total application rate of 0.396 lb ai/A) does not match the
proposed application rate (1 application at 0.180 lb ai/A).  The
available residue decline data show that residues of etoxazole do not
decrease significantly in dried hop cones with increasing PHIs.  Based
on the HAFT residue of 4.14 ppm, the available data are adequate to
support a conditional registration and a tolerance of 5.0 ppm on hop,
dried cones.  The registration should be made unconditional upon
submission of additional side-by-side residue data as follows:  1 trial
each at 2 x 0.198 = 0.396 lb ai/A (exaggerated application rate, PHI = 7
days) and one at 0.180 lb ai/A (proposed application rate, PHI = 7
days), 4 samples per trial.  As R3 is a metabolite of concern in cotton
gin byproducts, and a metabolism data are not available for hops, R3 is
a potential residue of concern for this crop.  Therefore, the requested
side-by-side hop field trial should include data for R3, as well as the
parent.  Subsequent to the submission of these data, RAB1 will make a
determination as to whether or not R3 is a residue of concern in hops.

860.1520 Processed Food and Feed

As there are no processed commodities associated with the proposed uses,
processing studies are not required to support the subject petition.

860.1850/1900 Confined and Field Accumulation in Rotational Crops

Cantaloupes are the only rotated commodity associated with the proposed
uses.  The results of a confined rotational crop study was submitted and
reviewed by HED (Memo, J. Tyler, 7/31/03; D283737).  HED made the
following recommendation:

The submitted confined rotational crop study adequately depicts the
potential for accumulation of inadvertent etoxazole residues in
rotational crops following applications at rates totaling 0.1 lb
ai/A/season.  As TRR levels were <0.01 ppm in all rotational crop
commodities harvested from the ~30-day PBI, no rotational crop
restrictions would be required for rotational crops following
applications at rates totaling 0.1 lb ai/A/season.

In a separate memo dated 4/6/05, HED made the following recommendation
(Memo, J. Tyler; D307178):

As mentioned above, the submitted confined rotational crop study
(45621724.der.wpd) adequately depicts the potential for accumulation of
inadvertent etoxazole residues in rotational crops following
applications at rates totaling 0.1 lb ai/A/season.  In that study, the
total radioactive residue (TRR) levels were <0.005 ppm in all rotational
crop commodities harvested from the ~30-day plantback interval (PBI).

The newly proposed application rate for strawberries (0.135 lb ai/A) is
slightly higher than the rate used in the confined rotational crop study
(0.1 lb ai/A).  However, all residues were <0.005 ppm in all rotational
commodities harvested from the 30-PBI following the 0.1 lb ai/A
application.  HED does not anticipate a significant increase in
inadvertent residues of etoxazole in crops when rotated with
strawberries treated with etoxazole at a seasonal rate of 0.135 lb ai/A.
 The current confined rotational crop study will support the strawberry
use; therefore, a new confined rotational crop study is no longer
warranted.  This deficiency has been resolved.

HED Conclusions:  There are no rotational crop restrictions on the
proposed labels.  HED concluded that, based on the available confined
rotational crop data, no rotational crop restrictions would be required
for rotational crops following applications at rates totaling 0.135 lb
ai/A/season, which is the maximum proposed application rate for
cantaloupe.  Therefore, the available rotational crop data are adequate
to support the proposed uses.

860.1550 Proposed Tolerances

A summary of the recommended tolerances and the correct commodity
definitions for the proposed uses are listed in Table 5.  As the
application rates used in the submitted crop field trials were 2-3x the
proposed application rates, the appropriate tolerance levels were
determined based on the respective HAFTs.  Provided revised Section F is
submitted as specified, the residue chemistry database supports the
establishment of permanent tolerances for residues of etoxazole in/on
the RACs listed in Table 5.

Table 5.  Tolerance Summary for Etoxazole

Commodity	Proposed Tolerance (ppm)	Recommended Tolerance (ppm)	Comments

(Correct commodity definition)

Cherry	0.70	0.60	Cherry, sweet

0.20	Cherry, tart

Hop, dried cones	7.0	5.0

	Melon subgroup 9A	0.15	0.15	Vegetable, cucurbit subgroup 9A

International Tolerances

There are no established or proposed Codex, Canadian or Mexican MRLs for
etoxazole; therefore, harmonization is not an issue for this action [see
attached International Residue Limit Status (IRLS) Sheet].

References

DP Barcode:	D290919

Subject:	PP#2F6420.  Multiresidue Method (MRM) Testing of Etoxazole.

From:		J. Tyler

To:		C. Stafford

Dated:		6/17/2003

MRID(s):	45621825

DP Barcode:	D289666

Subject:	Etoxazole:  Health Effects Division (HED) Metabolism Assessment
Review Committee (MARC) Decision Document.

From:		J. Tyler

To:		Y. Donovan

Dated:		6/17/2003

MRID(s):	None

DP Barcode:	D283737

Subject:	PP’s# 2F6420.  Etoxazole.  Registration for Use on Cotton,
Pome fruits, Strawberries and Imported Oranges.  Summary of Analytical
Chemistry and Residue Data.

From:		J. Tyler

To:		S. Nguyen/D. Kenny

Dated:		7/31/2003

MRID(s):	45621724, 45621725, and 45621801 through 45621825

Attachments

Attachment 1.  Structure and Nomenclature.

Attachment 2:  IRLS Sheet.

Template Version November 2003

cc (w Attachments): J. Tyler, S. Levy

RDI: RAB1 Chemists (8/01/07); G. Kramer (8/15/07)

J.Tyler:809B:PY:(703)305-5564: 7509P:RAB1Attachment 1.  Structure and
Nomenclature.

  SEQ CHAPTER \h \r 1 Common name/(code)	Chemical name	Chemical
structure

Etoxazole

 h?

 h?

h²

h?

K

L

¯

±

³

´

Å

È

ý

K

L

ƒ

£

Ñ

Õ

Ö

×

ì

h?

h?

 h?

h?

h?

h?

 h?

 h?

 h?

 h?

 h?

hýo

 h?

 h?

hýo

h?

h?

h?

7欀

 hï

h

h

h

愀Ĥ摧«

愀Ĥ摧«

h

h

h

h

ԀĤ摧൯

ᘌ鹨ꤡ㔀脈࡜ఏܪ栕൯

$

$

摧⛊C

Metabolite 1

R-8-CO2H

tBUr5

Attachment 2.  IRLS Sheet.

INTERNATIONAL RESIDUE LIMIT STATUS

Chemical Name:

2-(2,6-difluorophenyl)-4-[4-(1,1-dimethylethyl)-2-ethoxyphenyl]-4,5-dihy
drooxazole	Common Name:

Etoxazole	x Proposed tolerance

( Reevaluated tolerance

( Other	Date: 3/1/07

Codex Status (Maximum Residue Limits)	U. S. Tolerances

√ No Codex proposal step 6 or above

( No Codex proposal step 6 or above for the crops requested	Petition
Number:  6E7150

DP#s: 335334

j

␃愁Ĥ摧⛊C

摧ᚩÑ

摧ᚩÑ

摧ᚩÑ

$

$

¼

摧ᚩÑ

摧ᚩÑ

	√No Limits

( No Limits for the crops requested	(No Limits

√No Limits for the crops requested

Residue definition:  N/A	Residue definition:  etoxazole

Crop(s)	MRL (mg/kg)	Crop(s)	MRL (mg/kg)

Notes/Special Instructions:S.funk, 03/05/2007.

Page  PAGE  1  of   NUMPAGES  18


[Federal Register Volume 84, Number 246 (Monday, December 23, 2019)]
[Rules and Regulations]
[Pages 70419-70422]
[FR Doc No: 2019-27528]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31288; Amdt. No. 3884]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule amends, suspends, or removes Standard Instrument
Approach Procedures (SIAPs) and associated Takeoff Minimums and
Obstacle Departure Procedures for operations at certain airports. These
regulatory actions are needed because of the adoption of new or revised
criteria, or because of changes occurring in the National Airspace
System, such as the commissioning of new navigational facilities,
adding new obstacles, or changing air traffic requirements. These
changes are designed to provide for the safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective December 23, 2019. The compliance date
for each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of December 23, 2019.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001;
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Navigation Products, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. 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.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center online at nfdc.faa.gov
to register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., Registry Bldg. 29, Room 104,
Oklahoma City, OK 73169. Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20.
The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained on FAA form documents is
unnecessary.
    This amendment provides the affected CFR sections, and specifies
the SIAPs and Takeoff Minimums and ODPs with their applicable effective
dates. This amendment also identifies the airport and its location, the
procedure and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPs, Takeoff
Minimums and ODPs as identified in the amendatory language for part 97
of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP and Takeoff Minimums and ODP as amended in the
transmittal. For safety and timeliness of change considerations, this
amendment incorporates only specific changes contained for each SIAP
and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.
    The SIAPs and Takeoff Minimums and ODPs, as modified by FDC
permanent NOTAM, and contained in this amendment are based on the
criteria contained in the U.S. Standard for Terminal Instrument
Procedures (TERPS). In developing these changes to SIAPs and Takeoff
Minimums and ODPs, the TERPS criteria were applied only to specific
conditions existing at the affected airports. All SIAP amendments in
this rule have been previously issued by the FAA in a FDC NOTAM as an
emergency action of immediate flight safety relating directly to
published aeronautical charts.
    The circumstances that created the need for these SIAP and Takeoff

Minimums and ODP amendments require making them effective in less than
30 days.
    Because of the close and immediate relationship between these
SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find
that notice and public procedure under 5 U.S.C. 553(b) are
impracticable and contrary to the public interest and, where
applicable, under 5 U.S.C. 553(d), good cause exists for making these
SIAPs effective in less than 30 days.
    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. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference,
Navigation (Air).

    Issued in Washington, DC, on December 13, 2019.
Rick Domingo,
Executive Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal regulations, Part 97, (14 CFR part 97), is amended by
amending Standard Instrument Approach Procedures and Takeoff Minimums
and ODPs, effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40106, 40113,
40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

0
 2. Part 97 is amended to read as follows:
    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * Effective Upon Publication

--------------------------------------------------------------------------------------------------------------------------------------------------------
    AIRAC date       State          City             Airport        FDC No.      FDC date                              Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
30-Jan-20........  WI         Kenosha.........  Kenosha Rgnl....       9/0071     11/21/19  RNAV (GPS) RWY 25R, Orig-A.
30-Jan-20........  WI         Kenosha.........  Kenosha Rgnl....       9/0095     11/21/19  RNAV (GPS) RWY 33, Orig-A.
30-Jan-20........  AL         Clayton.........  Clayton Muni....       9/0140     11/20/19  RNAV (GPS) RWY 9, Orig-C.
30-Jan-20........  SC         Charleston......  Charleston AFB/        9/0142     11/20/19  RNAV (RNP) Z RWY 21, Orig-B.
                                                 Intl.
30-Jan-20........  WA         Port Angeles....  William R              9/0212     11/20/19  RNAV (GPS) RWY 26, Amdt 1B.
                                                 Fairchild Intl.
30-Jan-20........  CO         Fort Collins/     Northern               9/0217     11/20/19  ILS OR LOC RWY 33, Amdt 6C.
                               Loveland.         Colorado Rgnl.
30-Jan-20........  CO         Fort Collins/     Northern               9/0218     11/20/19  VOR-A, Amdt 7A.
                               Loveland.         Colorado Rgnl.
30-Jan-20........  KS         Herington.......  Herington Rgnl..       9/0239     11/21/19  NDB RWY 17, Amdt 2A.
30-Jan-20........  KS         Herington.......  Herington Rgnl..       9/0280     11/21/19  NDB RWY 35, Amdt 2A.
30-Jan-20........  WI         Solon Springs...  Solon Springs          9/0288     11/21/19  RNAV (GPS) RWY 19, Orig-B.
                                                 Muni.
30-Jan-20........  OH         Ravenna.........  Portage County..       9/0314     11/20/19  VOR-A, Amdt 6A.
30-Jan-20........  NH         Concord.........  Concord Muni....       9/0319     11/20/19  ILS OR LOC RWY 35, Amdt 1C.
30-Jan-20........  WA         Pullman/Moscow..  Pullman/Moscow         9/0473     11/20/19  RNAV (GPS) RWY 5, Amdt 3.
                                                 Rgnl.
30-Jan-20........  FL         Miami...........  Miami Intl......       9/0475     11/20/19  RNAV (GPS) RWY 8L, Amdt 2A.
30-Jan-20........  FL         Punta Gorda.....  Punta Gorda.....       9/0521      12/3/19  ILS OR LOC RWY 4, Orig.
30-Jan-20........  FL         Punta Gorda.....  Punta Gorda.....       9/0522      12/3/19  RNAV (GPS) RWY 4, Amdt 2.
30-Jan-20........  FL         Punta Gorda.....  Punta Gorda.....       9/0523      12/3/19  RNAV (GPS) RWY 15, Amdt 1.
30-Jan-20........  FL         Punta Gorda.....  Punta Gorda.....       9/0529      12/3/19  RNAV (GPS) RWY 22, Amdt 2.
30-Jan-20........  OH         Port Clinton....  Erie-Ottawa Intl       9/0753      12/3/19  RNAV (GPS) RWY 9, Amdt 1A.
30-Jan-20........  MI         Hastings........  Hastings........       9/0868     12/10/19  RNAV (GPS) RWY 30, Amdt 2.
30-Jan-20........  OH         Port Clinton....  Erie-Ottawa Intl       9/1073     11/20/19  RNAV (GPS) RWY 27, Amdt 1B.
30-Jan-20........  IL         Galesburg.......  Galesburg Muni..       9/1117     11/20/19  ILS OR LOC/DME RWY 3, Amdt 10A.
30-Jan-20........  TX         Robstown........  Nueces County...       9/1118     11/20/19  Takeoff Minimums and Obstacle DP, Amdt 1.
30-Jan-20........  AZ         Casa Grande.....  Casa Grande Muni       9/1564     11/20/19  VOR RWY 5, AMDT 4E.
30-Jan-20........  PA         Waynesburg......  Greene County...       9/1979     11/21/19  RNAV (GPS) RWY 27, Orig-A.
30-Jan-20........  IA         Winterset.......  Winterset Muni..       9/2305     11/20/19  RNAV (GPS) RWY 32, Amdt 1.
30-Jan-20........  TX         Big Lake........  Reagan County...       9/2482     12/10/19  RNAV (GPS) RWY 16, Orig.
30-Jan-20........  IN         Peru............  Peru Muni.......       9/2483     12/10/19  RNAV (GPS) RWY 1, Orig-B.
30-Jan-20........  IN         Peru............  Peru Muni.......       9/2484     12/10/19  VOR RWY 1, Amdt 8D.
30-Jan-20........  IN         Peru............  Peru Muni.......       9/2485     12/10/19  RNAV (GPS) RWY 19, Amdt 1A.
30-Jan-20........  CA         San Diego/El      Gillespie Field.       9/3264     11/20/19  RNAV (GPS) RWY 9L, Orig-A.
                               Cajon.
30-Jan-20........  MI         Grand Rapids....  Gerald R Ford          9/3347     11/20/19  VOR RWY 17, Orig-E.
                                                 Intl.
30-Jan-20........  MA         Vineyard Haven..  Martha's               9/3403     11/20/19  RNAV (GPS) RWY 6, Amdt 1A.
                                                 Vineyard.
30-Jan-20........  MA         Vineyard Haven..  Martha's               9/3405     11/20/19  RNAV (GPS) RWY 33, Orig-A.
                                                 Vineyard.
30-Jan-20........  AL         Alexander City..  Thomas C Russell       9/3952     11/20/19  RNAV (GPS) RWY 18, Amdt 2.
                                                 Fld.
30-Jan-20........  MD         Frederick.......  Frederick Muni..       9/3957     11/20/19  RNAV (GPS) Y RWY 23, Amdt 1D.
30-Jan-20........  MD         Frederick.......  Frederick Muni..       9/3959     11/20/19  RNAV (GPS) Z RWY 23, Orig-F.
30-Jan-20........  KS         Phillipsburg....  Phillipsburg           9/3963     11/21/19  RNAV (GPS) RWY 13, Amdt 2.
                                                 Muni.

30-Jan-20........  KS         Phillipsburg....  Phillipsburg           9/3964     11/21/19  RNAV (GPS) RWY 31, Amdt 2.
                                                 Muni.
30-Jan-20........  GA         Cochran.........  Cochran.........       9/3987     11/20/19  VOR/DME RWY 5, Amdt 6A.
30-Jan-20........  GA         Cochran.........  Cochran.........       9/3988     11/20/19  RNAV (GPS) RWY 11, Amdt 1B.
30-Jan-20........  MT         Twin Bridges....  Twin Bridges....       9/3989     11/20/19  RNAV (GPS) RWY 17, Orig-A.
30-Jan-20........  MT         Twin Bridges....  Twin Bridges....       9/3990     11/20/19  RNAV (GPS) RWY 35, Orig-A.
30-Jan-20........  AK         Barrow..........  Wiley Post-Will        9/4063     11/20/19  VOR RWY 25, Amdt 1.
                                                 Rogers Memorial.
30-Jan-20........  IL         Galesburg.......  Galesburg Muni..       9/4182     11/20/19  VOR RWY 21, Amdt 7B.
30-Jan-20........  OH         Dayton..........  Dayton-Wright          9/4743     12/10/19  RNAV (GPS) RWY 2, Orig.
                                                 Brothers.
30-Jan-20........  OH         Dayton..........  Dayton-Wright          9/4744     12/10/19  RNAV (GPS) RWY 20, Orig-A.
                                                 Brothers.
30-Jan-20........  WV         Moundsville.....  Marshall County.       9/5072     11/20/19  RNAV (GPS) RWY 24, Orig-B.
30-Jan-20........  CA         Novato..........  Gnoss Field.....       9/5311     11/20/19  GPS RWY 13, Orig.
30-Jan-20........  NE         Scottsbluff.....  Western Nebraska       9/5333     11/20/19  ILS OR LOC/DME RWY 12, Orig-A.
                                                 Rgnl/William B
                                                 Heilig Field.
30-Jan-20........  NE         Scottsbluff.....  Western Nebraska       9/5334     11/20/19  RNAV (GPS) RWY 12, Amdt 1.
                                                 Rgnl/William B
                                                 Heilig Field.
30-Jan-20........  NE         Scottsbluff.....  Western Nebraska       9/5335     11/20/19  RNAV (GPS) RWY 23, Orig.
                                                 Rgnl/William B
                                                 Heilig Field.
30-Jan-20........  NE         Scottsbluff.....  Western Nebraska       9/5336     11/20/19  RNAV (GPS) RWY 30, Amdt 1A.
                                                 Rgnl/William B
                                                 Heilig Field.
30-Jan-20........  NE         Scottsbluff.....  Western Nebraska       9/5337     11/20/19  VOR/DME RWY 5, Amdt 5.
                                                 Rgnl/William B
                                                 Heilig Field.
30-Jan-20........  NE         Scottsbluff.....  Western Nebraska       9/5339     11/20/19  VOR OR TACAN RWY 23, Amdt 12.
                                                 Rgnl/William B
                                                 Heilig Field.
30-Jan-20........  ID         Burley..........  Burley Muni.....       9/5402     11/20/19  RNAV (GPS) RWY 20, Orig-C.
30-Jan-20........  MN         Granite Falls...  Granite Falls          9/5448     11/20/19  VOR/DME RWY 33, Orig-B.
                                                 Muni/Lenzen-Roe-
                                                 Fagen Memorial
                                                 Field.
30-Jan-20........  TX         Austin..........  Austin Executive       9/5479     11/22/19  RNAV (GPS) RWY 13, Orig.
30-Jan-20........  KS         Goodland........  Renner Fld/            9/5496     11/21/19  ILS OR LOC RWY 30, Amdt 2B.
                                                 Goodland Muni/.
30-Jan-20........  KS         Goodland........  Renner Fld/            9/5497     11/21/19  RNAV (GPS) RWY 23, Amdt 1B.
                                                 Goodland Muni/.
30-Jan-20........  KS         Goodland........  Renner Fld/            9/5498     11/21/19  RNAV (GPS) RWY 30, Amdt 1B.
                                                 Goodland Muni/.
30-Jan-20........  KS         Goodland........  Renner Fld/            9/5499     11/21/19  VOR RWY 30, Amdt 9B.
                                                 Goodland Muni/.
30-Jan-20........  MO         Cuba............  Cuba Muni.......       9/5528     11/20/19  RNAV (GPS) RWY 18, Orig-B.
30-Jan-20........  FL         Milton..........  Peter Prince           9/5529     11/20/19  RNAV (GPS) RWY 36, Amdt 1B.
                                                 Field.
30-Jan-20........  TX         Taylor..........  Taylor Muni.....       9/5949     11/20/19  RNAV (GPS) RWY 17, Orig-A.
30-Jan-20........  NY         Oneonta.........  Oneonta Muni....       9/6042     11/20/19  RNAV (GPS) RWY 6, Orig-A.
30-Jan-20........  VA         Richmond........  Richmond Intl...       9/6123     11/20/19  RNAV (RNP) Y RWY 20, Orig-B.
30-Jan-20........  VA         Richmond........  Richmond Intl...       9/6124     11/20/19  RNAV (RNP) Y RWY 34, Orig-C.
30-Jan-20........  VA         Richmond........  Richmond Intl...       9/6125     11/20/19  RNAV (GPS) Z RWY 34, Amdt 1D.
30-Jan-20........  VA         Richmond........  Richmond Intl...       9/6126     11/20/19  VOR RWY 2, Amdt 6A.
30-Jan-20........  VA         Richmond........  Richmond Intl...       9/6127     11/20/19  VOR RWY 16, Amdt 27B.
30-Jan-20........  VA         Richmond........  Richmond Intl...       9/6129     11/20/19  VOR RWY 34, Amdt 23B.
30-Jan-20........  CO         Monte Vista.....  Monte Vista Muni       9/6133     11/20/19  VOR/DME-A, Amdt 3.
30-Jan-20........  WI         Fond Du Lac.....  Fond Du Lac            9/6157     11/20/19  VOR/DME RWY 36, Amdt 6C.
                                                 County.
30-Jan-20........  VA         Lawrenceville...  Lawrenceville/         9/6240     11/20/19  RNAV (GPS)-A, Orig.
                                                 Brunswick Muni.
30-Jan-20........  VA         Lawrenceville...  Lawrenceville/         9/6241     11/20/19  Takeoff Minimums and Obstacle DP, Orig.
                                                 Brunswick Muni.
30-Jan-20........  VA         Lawrenceville...  Lawrenceville/         9/6242     11/20/19  RNAV (GPS)-B, Orig.
                                                 Brunswick Muni.
30-Jan-20........  OK         Wagoner.........  Hefner-Easley...       9/6887     11/20/19  RNAV (GPS) RWY 18, Amdt 1.
30-Jan-20........  NV         Las Vegas.......  North Las Vegas.       9/6985     11/20/19  ILS OR LOC RWY 12L, Orig-C.
30-Jan-20........  AK         St Paul Island..  St Paul Island..       9/7143     11/20/19  ILS OR LOC RWY 36, Amdt 4.
30-Jan-20........  AK         St Paul Island..  St Paul Island..       9/7144     11/20/19  RNAV (GPS) RWY 36, Amdt 1.
30-Jan-20........  AK         St Paul Island..  St Paul Island..       9/7146     11/20/19  LOC/DME BC RWY 18, Amdt 4B.
30-Jan-20........  AK         St Paul Island..  St Paul Island..       9/7152     11/20/19  RNAV (GPS) RWY 18, Amdt 2B.
30-Jan-20........  KY         Springfield.....  Lebanon                9/7340     11/25/19  RNAV (GPS) RWY 11, Amdt 1.
                                                 Springfield-
                                                 George Hoerter
                                                 Field.

30-Jan-20........  FL         Panama City.....  Northwest              9/7435     11/20/19  ILS OR LOC RWY 16, ILS RWY 16 (SA CAT I), ILS RWY 16 (SA CAT
                                                 Florida Beaches                             II), Amdt 3.
                                                 Intl.
30-Jan-20........  FL         Merritt Island..  Merritt Island..       9/7572     11/20/19  RNAV (GPS) RWY 11, Amdt 1C.
30-Jan-20........  TX         Kerrville.......  Kerrville Muni/        9/7901     11/26/19  VOR-A, Amdt 3A.
                                                 Louis Schreiner
                                                 Field.
30-Jan-20........  ND         Fargo...........  Hector Intl.....       9/7935     11/26/19  ILS OR LOC RWY 18, Orig-D.
30-Jan-20........  PA         Meadville.......  Port Meadville..       9/8260     11/20/19  RNAV (GPS) RWY 25, Amdt 1E.
30-Jan-20........  LA         Lake Charles....  Chennault Intl..       9/8269     11/20/19  RNAV (GPS) RWY 33, Amdt 1.
30-Jan-20........  CO         Telluride.......  Telluride Rgnl..       9/8368     11/20/19  VOR/DME-A, Amdt 1.
30-Jan-20........  WY         Rock Springs....  Southwest              9/8369     11/20/19  VOR/DME RWY 27, Amdt 2A.
                                                 Wyoming Rgnl.
30-Jan-20........  WY         Rock Springs....  Southwest              9/8374     11/20/19  VOR RWY 9, Amdt 3A.
                                                 Wyoming Rgnl.
30-Jan-20........  MI         Grand Haven.....  Grand Haven            9/8420     11/20/19  RNAV (GPS) RWY 9, Orig.
                                                 Memorial
                                                 Airpark.
30-Jan-20........  AR         Mena............  Mena                   9/8444     11/26/19  ILS OR LOC RWY 27, Amdt 1B.
                                                 Intermountain
                                                 Muni.
30-Jan-20........  AR         Mena............  Mena                   9/8445     11/26/19  NDB RWY 27, Amdt 1A.
                                                 Intermountain
                                                 Muni.
30-Jan-20........  MO         Brookfield......  North Central          9/8451     12/10/19  RNAV (GPS) RWY 18, Orig.
                                                 Missouri Rgnl.
30-Jan-20........  MO         Brookfield......  North Central          9/8452     12/10/19  RNAV (GPS) RWY 36, Amdt 2A.
                                                 Missouri Rgnl.
30-Jan-20........  OR         Baker City......  Baker City Muni.       9/8453     11/26/19  VOR-A, Amdt 1B.
30-Jan-20........  OR         Baker City......  Baker City Muni.       9/8454     11/26/19  VOR/DME RWY 13, Amdt 11D.
30-Jan-20........  CA         Watsonville.....  Watsonville Muni       9/8923     11/20/19  VOR-A, Amdt 1A.
30-Jan-20........  CA         Watsonville.....  Watsonville Muni       9/8924     11/20/19  LOC RWY 2, Amdt 4B.
30-Jan-20........  FL         Clewiston.......  Airglades.......       9/8940     11/20/19  RNAV (GPS) RWY 13, Orig-A.
30-Jan-20........  FL         Clewiston.......  Airglades.......       9/8968     11/20/19  RNAV (GPS) RWY 31, Orig.
30-Jan-20........  ME         Fryeburg........  Eastern Slopes         9/8981     11/26/19  RNAV (GPS) RWY 32, Amdt 1A.
                                                 Rgnl.
30-Jan-20........  CA         Los Angeles.....  Whiteman........       9/9009     11/26/19  RNAV (GPS) RWY 12, Orig.
30-Jan-20........  MN         Duluth..........  Duluth Intl.....       9/9022     11/26/19  RADAR-1, Orig.
30-Jan-20........  KS         Olathe..........  New Century            9/9169     11/26/19  RNAV (GPS) RWY 18, Amdt 2.
                                                 Aircenter.
30-Jan-20........  KS         Olathe..........  New Century            9/9171     11/26/19  RNAV (GPS) RWY 36, Amdt 2.
                                                 Aircenter.
30-Jan-20........  TX         Hondo...........  South Texas Rgnl       9/9193     11/26/19  NDB RWY 35R, Amdt 5.
                                                 At Hondo.
30-Jan-20........  TX         Hondo...........  South Texas Rgnl       9/9194     11/26/19  RNAV (GPS) RWY 35R, Orig.
                                                 At Hondo.
30-Jan-20........  FL         Sarasota/         Sarasota/              9/9332     11/27/19  RNAV (GPS) RWY 4, Amdt 2C.
                               Bradenton.        Bradenton Intl.
30-Jan-20........  FL         Sarasota/         Sarasota/              9/9335     11/27/19  RNAV (GPS) RWY 22, Amdt 2B.
                               Bradenton.        Bradenton Intl.
30-Jan-20........  FL         Sarasota/         Sarasota/              9/9336     11/27/19  ILS OR LOC RWY 14, Amdt 6B.
                               Bradenton.        Bradenton Intl.
30-Jan-20........  FL         Sarasota/         Sarasota/              9/9337     11/27/19  ILS OR LOC RWY 32, Amdt 8B.
                               Bradenton.        Bradenton Intl.
30-Jan-20........  FL         Sarasota/         Sarasota/              9/9338     11/27/19  RNAV (GPS) RWY 14, Amdt 3B.
                               Bradenton.        Bradenton Intl.
30-Jan-20........  FL         Sarasota/         Sarasota/              9/9339     11/27/19  RNAV (GPS) RWY 32, Amdt 3B.
                               Bradenton.        Bradenton Intl.
30-Jan-20........  FL         Sarasota/         Sarasota/              9/9341     11/27/19  VOR RWY 14, Amdt 18B.
                               Bradenton.        Bradenton Intl.
30-Jan-20........  IN         Bedford.........  Virgil I Grissom       9/9770     11/20/19  VOR/DME RWY 13, Amdt 10B.
                                                 Muni.
30-Jan-20........  MD         Baltimore.......  Baltimore/             9/9974     11/20/19  RNAV (RNP) Z RWY 33L, Amdt 3.
                                                 Washington Intl
                                                 Thurgood
                                                 Marshall.
30-Jan-20........  MD         Baltimore.......  Baltimore/             9/9975     11/20/19  ILS OR LOC RWY 33L, ILS RWY 33L (SA CAT I & II), Amdt 12.
                                                 Washington Intl
                                                 Thurgood
                                                 Marshall.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2019-27528 Filed 12-20-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: February 2, 2010 (Volume 75, Number 21)]
[Rules and Regulations]
[Page 5234-5235]
[DOCID:fr02fe10-4]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 331

RIN 2105-AD93

Procedures for Reimbursement of General Aviation Operators and
Service Providers in the Washington, DC Area; Removal

AGENCY: Office of the Secretary (OST), Department of Transportation
(DOT).

ACTION: Final rule.

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

SUMMARY: This final rule removes a DOT rule, Procedures for
Reimbursement of General Aviation Operators and Service Providers in
the Washington, DC Area, 14 CFR Part 331. This rule is being removed
because all reimbursements under the program have been made and all
program activities completed. The rule established procedures to
reimburse eligible fixed-based general aviation operators and providers
of ground support services, at five Washington, DC area airports, for
direct and incremental financial losses incurred while the airports
were closed to general aviation operations solely due to actions of the
Federal government after the September 11, 2001 terrorist attacks. The
rule implemented a provision in the Department's Fiscal Year 2006
Appropriations Act, which made up to $17 million available for such
reimbursements until expended. The rule required applications for
reimbursement to be submitted by June 8, 2007. All applications have
been processed, payments made, and required releases executed.

DATES: Effective Date: February 2, 2010.

FOR FURTHER INFORMATION CONTACT: Timothy E. Carmody, Transportation
Industry Analyst, Office of Aviation Analysis, X-50, 1200 New Jersey
Ave., SE., Washington, DC 20590,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: On November 30, 2005, the Congress
authorized the Department to reimburse eligible fixed-based general
aviation operators or providers of general aviation ground support
services at five airports in the Washington, DC metropolitan area for
direct and incremental losses due to the actions of the Federal
Government to close airports to general aviation operations following
the terrorist attacks of September 11, 2001. Section 185,
Transportation, Treasury, Housing and Urban Development, the Judiciary,
the District of Columbia, and Independent Agencies Appropriation Act,
2006, Public Law 109-115, 119 Stat. 2396 (2005) (``Section 185'').
    Section 185 further appropriated up to $17 million to reimburse the
eligible parties, to be available until expended, and identified the
five airports as Ronald Reagan Washington National Airport; College
Park Airport in College Park, Maryland; Potomac Airfield in Fort
Washington, Maryland; Washington Executive/Hyde Field in Clinton,
Maryland; and Washington South Capitol Street Heliport in Washington,
DC. Of the total $17 million, the Department was directed to set aside
and make available up to $5 million to reimburse eligible operators and
providers at College Park, Potomac Airfield, and Hyde Field airports.
Section 185 stated various other conditions for reimbursement, among
them that those losses incurred as the result of violations of law, or
through fault or negligence of such entities or of third parties
(including airports) were not eligible for reimbursement, and that the
obligation and expenditure of funds were conditional upon full release
of the United States Government for all claims for financial losses
resulting from such actions.
    On October 4, 2006, the Department published in the Federal
Register a Notice of Proposed Rulemaking seeking comments on its
proposed procedures implementing Section 185 (71 FR 58546 et seq.).
Comments were received from 16 submitters. After fully considering all
comments, the Department prepared a final rule and published it on
April 9, 2007 in the Federal Register (at 72 FR 17381 et seq.). It was
codified as 14 CFR Part 331.
    The final rule set out eligibility standards for participation;
specified the methodology that would be used in determining losses;
stated the eligibility periods applicable at each airport; established
special procedures for the $5 million set-aside; and provided an
application form for reimbursement. The final rule also set a deadline
of June 8, 2007 for applications. 14 CFR 331.27. Twenty-one applicants
submitted claims for reimbursement, of which 18 were determined to be
eligible and to have incurred reimbursable losses. The Department has
completed its review of all applications and has reimbursed the
eligible claimants for their financial losses in accordance with
Section 185. Prior to payment each claimant signed a full release of
the United States for all claims of loss due to such actions, as
required by section 185.
    The Department has completely fulfilled its responsibilities under
Section 185 and ceased all actions under the regulations. As a result,
14 CFR Part 331 serves no further purpose and may be removed.

Regulatory Analyses and Notices

A. Administrative Procedure Act

    The Department has determined that this rule may be issued without
a prior opportunity for notice and comment because providing prior
notice and comment would be unnecessary, impracticable, or contrary to
the public interest. The final rule limited the period for submitting
applications to June 8, 2007. The rule also limited the amount of money
available for reimbursement and the scope of potential beneficiaries.
Accordingly, there would not be any harm to any identifiable
beneficiary by repealing the rule. The Department has completely
fulfilled its responsibilities under Section 185 and ceased all actions
under the regulations. Thus, this rule should be removed. For the same
reasons, the Department finds that there is good cause to make the rule
effective immediately.

B. Executive Order 12866 and Regulatory Flexibility Act

    The Department has determined that this action is not considered a
significant regulatory action for purposes of Executive Order 12866 or
the Department's regulatory policies and procedures. This rule is being
adopted solely to remove a rule that is no longer necessary due to the
Department's fulfillment of statutory responsibilities. Given the
absence of compliance costs to anyone, I certify that this final rule
does not have a significant economic impact on a substantial number of
small entities.

C. Executive Order 13132

    This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
final rule does not have a substantial direct effect on, or sufficient
federalism implications for, the States, nor would it limit the
policymaking discretion of the States. Therefore, the consultation
requirements of Executive Order 13132 do not apply.

D. Executive Order 13175

    This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not

significantly or uniquely affect the communities of the Indian tribal
governments and does not impose substantial direct compliance costs,
the funding and consultation requirements of Executive Order 13175 do
not apply.

E. Paperwork Reduction Act

    This rule contains no information collection requirements under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

F. Unfunded Mandates Reform Act

    The Department of Transportation has determined that the
requirements of Title II of the Unfunded Mandates Reform Act of 1995 do
not apply to this rulemaking.

List of Subjects in 14 CFR Part 331

    Air carriers.

    Authority:  Section 185, Transportation, Treasury, Housing and
Urban Development, the Judiciary, the District of Columbia, and
Independent Agencies Appropriation Act, 2006, Public Law 109-115,
119 Stat. 2396 (2005); 49 U.S.C. 322(a).

0
Accordingly, under the authority of 119 Stat. 2396 (2005) and 49 U.S.C.
322(a), the Department of Transportation amends 14 CFR chapter 2 by
removing part 331:

PART 331--PROCEDURES FOR REIMBURSEMENT OF GENERAL AVIATION
OPERATORS AND SERVICE PROVIDERS IN THE WASHINGTON, DC AREA

PART 331--[REMOVED AND RESERVED]

0
Remove and reserve Part 331, consisting of subparts A through C.

    Issued in Washington, DC, on January 25, 2010.
Susan Kurland,
Assistant Secretary for Aviation and International Affairs.
[FR Doc. 2010-2134 Filed 2-1-10; 8:45 am]
BILLING CODE 4910-9X-P