[Federal Register: September 29, 2006 (Volume 71, Number 189)]
[Rules and Regulations]
[Page 57431-57436]
[DOCID:fr29se06-18]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2005-0543; FRL-8092-3]

Flufenoxuron; Pesticide Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of
flufenoxuron in or on apple, grape, pear, orange, and livestock
commodities. BASF Corporation requested this tolerance under the
Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food
Quality Protection Act of 1996 (FQPA).

DATES: This regulation is effective September 29, 2006. Objections and
requests for hearings must be received on or before November 28, 2006,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2005-0543. All documents in the
docket are listed in the index for the docket. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available in the electronic docket at http://www.regulations.gov, or,

if only available in hard copy, at the OPP Regulatory Public Docket in
Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal Drive,
Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays. The Docket telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Mark Suarez, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS 111), e.g., agricultural workers;
greenhouse, nursery, and floriculture workers; farmers.
     Animal production (NAICS 112), e.g., cattle ranchers and
farmers, dairy cattle farmers, livestock farmers.
     Food manufacturing (NAICS 311), e.g., agricultural
workers; farmers; greenhouse, nursery, and floriculture workers;
ranchers; pesticide applicators.
     Pesticide manufacturing (NAICS 32532), e.g., agricultural
workers; commercial applicators; farmers; greenhouse, nursery, and
floriculture workers; residential users.
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. How Can I Access Electronic Copies of this Document?

    In addition to accessing an electronic copy of this Federal
Register document

through the electronic docket at http://www.regulations.gov, you may

access this Federal Register document electronically through the EPA
Internet under the ``Federal Register'' listings at http://www.epa.gov/fedrgstr.
 You may also access a frequently updated electronic version

of 40 CFR part 180 through the Government Printing Office's pilot e-CFR
site at http://www.gpoaccess.gov/ecfr. To access the OPPTS Harmonized

Guidelines referenced in this document, go directly to the guidelines
at http://www.epa.gpo/opptsfrs/home/guidelin.htm

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of the FFDCA, as amended by the FQPA, any
person may file an objection to any aspect of this regulation and may
also request a hearing on those objections. The EPA procedural
regulations which govern the submission of objections and requests for
hearings appear in 40 CFR part 178. You must file your objection or
request a hearing on this regulation in accordance with the
instructions provided in 40 CFR part 178. To ensure proper receipt by
EPA, you must identify docket ID number EPA-HQ-OPP-2005-0543 in the
subject line on the first page of your submission. All requests must be
in writing, and must be mailed or delivered to the Hearing Clerk on or
before November 28, 2006.
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit your copies, identified by docket ID
number EPA-HQ-OPP-2005-0543, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW, Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket telephone number is<PHONE_NUMBER>.

II. Background and Statutory Findings

    In the Federal Register of April 19, 2006 (71 FR 20097) (FRL-7769-
5), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
8E4943) by BASF Corporation, 26 Davis Drive, P.O. Box 13528, Research
Triangle Park, NC 27709-3528. The petition requested that 40 CFR
180.623 be amended by establishing tolerances for residues of the
insecticide flufenoxuron, 1-[4-(2-chloro-[alpha],[alpha],[alpha]-
trifluoro-p-tolyloxy)-2-fluorophenyl]-3-(2,6-difluorobenzoyl)urea, in
or on apple at 1 parts per million (ppm), pear at 1 ppm, orange at 0.3
ppm, orange oil at 60 ppm, grape at 0.2 ppm, raisin at 0.8 ppm, meat at
0.3 ppm, cattle, meat by-products at 1.5 ppm, cattle, fat at 6 ppm,
milk at 0.6 ppm, and milk, fat at 3 ppm. That notice included a summary
of the petition prepared by BASF Corporation, the registrant. Comments
were received on the notice of filing. EPA's response to these comments
is discussed in Unit IV.C.
    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical
residue....''
    EPA performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. For further discussion of the
regulatory requirements of section 408 of the FFDCA and a complete
description of the risk assessment process, see http://www.epa.gov/fedrgstr/EPA-PEST/1997/November/Day-26/p30948.htm
.

III. Aggregate Risk Assessment and Determination of Safety

    Consistent with section 408(b)(2)(D) of FFDCA, EPA has reviewed the
available scientific data and other relevant information in support of
this action. EPA has sufficient data to assess the hazards of and to
make a determination on aggregate exposure, consistent with section
408(b)(2) of FFDCA, for tolerances for residues of flufenoxuron, in or
on apple (0.50 ppm); grape (0.70 ppm); grape, raisin (2.0 ppm); cattle,
meat (0.10 ppm); cattle, fat (4.5 ppm); cattle, meat byproducts (0.50
ppm); goat, meat (0.10 ppm); goat, fat (4.5 ppm); goat, meat byproducts
(0.50 ppm); horse, meat (0.10 ppm); horse, fat (4.5 ppm); horse, meat
byproducts (0.50 ppm); sheep, meat (0.10 ppm); sheep, fat (4.5 ppm);
sheep, meat byproducts (0.50 ppm); milk (0.20 ppm); milk, fat (4.0
ppm); orange (0.30 ppm); orange, oil (60 ppm); and pear (0.50 ppm).
EPA's assessment of exposures and risks associated with establishing
the tolerance follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered their
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children. Specific information on the studies received and the nature
of the toxic effects caused by flufenoxuron as well as the no-observed-
adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-
level (LOAEL) from the toxicity studies can be found at http://www.epa.gov/opprd001/factsheets
.

B. Toxicological Endpoints

    For hazards that have a threshold below which there is no
appreciable risk, the dose at which no adverse effects are observed
(the NOAEL) from the toxicology study identified as appropriate for use
in risk assessment is used to estimate the toxicological level of
concern (LOC). However, the lowest dose at which adverse effects of
concern are identified (the LOAEL) is sometimes used for risk
assessment if no NOAEL was achieved in the toxicology study selected.
An uncertainty factor (UF) is applied to reflect uncertainties inherent
in the extrapolation from laboratory animal data to humans and in the
variations in sensitivity among members of the human population as well
as other unknowns.

    The linear default risk methodology (Q*) is the primary method
currently used by the Agency to quantify non-threshold hazards such as
cancer. The Q* approach assumes that any amount of exposure will lead
to some degree of cancer risk, estimates risk in terms of the
probability of occurrence of additional cancer cases. More information
can be found on the general principles EPA uses in risk
characterization at http://wwwepa.gov/oppfead1/trac/science.

    A summary of the toxicological endpoints for flufenoxuron used for
human risk assessment is shown in Table 1 of this unit:

     Table 1.--Summary of Toxicological Dose and Endpoints for Flufenoxuron for Use in Human Risk Assessment
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                                          Dose Used in Risk
                                             Assessment,          Special FQPA SF and
          Exposure/Scenario                Interspecies and       Level of Concern for   Study and Toxicological
                                         Intraspecies and any       Risk Assessment              Effects
                                            Traditional UF
----------------------------------------------------------------------------------------------------------------
Acute Dietary (Females 13-50 years of       An end point of concern attributed to single dose effect was not
 age)                                                          identified in the database.
----------------------------------------------------------------------------------------------------------------
Acute Dietary (General population           An end point of concern attributed to single dose effect was not
 including infants and children)                               identified in the database.
----------------------------------------------------------------------------------------------------------------
Chronic Dietary (All populations)      NOAEL= 3.75 mg/kg/day..  FQPA SF = 1X...........  2-Generation
                                       UF = 100...............  cPAD = chronic RfD/FQPA   Reproduction Toxicity-
                                       Chronic RfD = 0.0375 mg/  SF = 0.0375 mg/kg/day.   Rat
                                        kg/day.                                          LOAEL = 14.33/16.0 (M/
                                                                                F) mg/kg/day based on
                                                                                decreased body weights
                                                                                during lactation
                                                                                during days 4-21
----------------------------------------------------------------------------------------------------------------
Oral-All Durations (Residential)       NOAEL= 3.75 mg/kg/day..  LOC for MOE = 100......  2-Generation
                                                                                Reproduction Toxicity-
                                                                                Rat
                                                                                LOAEL = 14.33/16.0 (M/
                                                                                F) mg/kg/day based on
                                                                                decreased body weights
                                                                                during lactation
                                                                                during days 4-21
----------------------------------------------------------------------------------------------------------------
Dermal-All Durations (Occupational/    Oral study.............  LOC for MOE = 100        2-Generation
 Residential)                          NOAEL= 3.75 mg/kg/day..   (Occupational).          Reproduction Toxicity-
                                       (dermal absorption rate  LOC for MOE = 100         Rat
                                        = 100%).                 (Residential).          LOAEL = 14.33/16.0 (M/
                                                                                F) mg/kg/day based on
                                                                                decreased body weights
                                                                                during lactation
                                                                                during days 4-21
----------------------------------------------------------------------------------------------------------------
Inhalation-All Durations               Oral study.............  LOC for MOE = 100        2-Generation
 (Occupational/Residential)            NOAEL= 3.75 mg/kg/day..   (Occupational).          Reproduction Toxicity
                                       (inhalation absorption   LOC for MOE = 100         Rat
                                        rate = 100%).            (Residential).          LOAEL = 14.33/16.0 (M/
                                                                                F) mg/kg/day based on
                                                                                decreased body weights
                                                                                during lactation
                                                                                during days 4-21
----------------------------------------------------------------------------------------------------------------
Cancer (oral, dermal, inhalation)                     ``Not likely to be carcinogenic to humans''
----------------------------------------------------------------------------------------------------------------

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. There are currently no
tolerances established (40 CFR 180) for the residues of flufenoxuron.
Risk assessments were conducted by EPA to assess dietary exposures from
flufenoxuron in food as follows:
    i. Acute exposure. Quantitative acute dietary exposure and risk
assessments are performed for a food-use pesticide, if a toxicological
study has indicated the possibility of an effect of concern occurring
as a result of a one-day or single exposure.
     No such effects were identified in the toxicological studies for
flufenoxuron; therefore, a quantitative acute dietary exposure
assessment is unnecessary.
    ii. Chronic exposure. In conducting the chronic dietary exposure
assessment EPA used the Dietary Exposure Evaluation Model software with
the Food Commodity Intake Database (DEEM-FCID\TM\), which incorporates
food consumption data as reported by respondents in the USDA 1994-1996
and 1998 Nationwide Continuing Surveys of Food Intake by Individuals
(CSFII), and accumulated exposure to the chemical for each commodity.
The following assumptions were made for the chronic exposure
assessments: Tolerance level residues and 100% crop treated were
assumed for all commodities.
    iii. Cancer. Flufenoxuron is classified as ``Not Likely to be
Carcinogenic to Humans'' based on lack of evidence of carcinogenicity
in both rats and mice carcinogenicity studies and thus an exposure
assessment pertaining to cancer risk is unnecessary.
    2. Dietary exposure from drinking water. There is no expectation
that residues from flufenoxuron use on imported commodities would occur
in surface or ground water sources of drinking water. No drinking water
assessment was conducted.
    3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., for lawn and garden pest control, indoor pest control,
termiticides, and flea and tick control on pets).
    Flufenoxuron is not registered for use on any sites that would
result in residential exposure.
    4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of the FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
    Unlike other pesticides for which EPA has followed a cumulative
risk approach based on a common mechanism of toxicity, EPA has not made
a common mechanism of toxicity finding as to flufenoxuron and any other
substances and flufenoxuron does not appear to

produce a toxic metabolite produced by other substances. For the
purposes of this tolerance action, therefore, EPA has not assumed that
flufenoxuron has a common mechanism of toxicity with other substances.
For information regarding EPA's efforts to determine which chemicals
have a common mechanism of toxicity and to evaluate the cumulative
effects of such chemicals, see the policy statements released by EPA's
Office of Pesticide Programs concerning common mechanism determinations
and procedures for cumulating effects from substances found to have a
common mechanism on EPA's website at http://www.epa.gov/pesticides/cumulative
.

D. Safety Factor for Infants and Children

    1. In general. Section 408 of FFDCA provides that EPA shall apply
an additional tenfold margin of safety for infants and children in the
case of threshold effects to account for prenatal and postnatal
toxicity and the completeness of the database on toxicity and exposure
unless EPA determines based on reliable data that a different margin of
safety will be safe for infants and children. Margins of safety are
incorporated into EPA risk assessments either directly through use of a
MOE analysis or through using uncertainty (safety) factors in
calculating a dose level that poses no appreciable risk to humans. In
applying this provision, EPA either retains the default value of 10X
when reliable data do not support the choice of a different factor, or,
if reliable data are available, EPA uses a different additional safety
factor value based on the use of traditional uncertainty factors and/or
special FQPA safety factors, as appropriate.
    2. Prenatal and postnatal sensitivity. There was no evidence of
increased susceptibility for flufenoxuron in the developmental toxicity
study in rats. No adverse effects were observed in either dams or
offspring at the limit dose. Although fetal external examination data
were not provided in the study report and have been requested, their
absence does not affect the current risk assessment. Evidence of
increased susceptibility was observed in the developmental toxicity
study in rabbits. Specifically, decreased fetal weight was observed in
the absence of maternal toxicity; however, fetal effects were observed
at the limit dose, and the NOAEL, which is one order of magnitude
lower, is considered well characterized and protective of this high-
dose effect. In the 2-generation reproduction study, increased
susceptibility of offspring was observed in the form of decreased body
weight, since this effect was observed at a lower dose than the
maternal NOAEL. However, a NOAEL for this effect in offspring was also
observed, and it is considered protective of any effects at the
offspring LOAEL. Based on this analysis, there is no concern for
increased susceptibility of offspring following exposure to
flufenoxuron. If adverse effects are observed after submission of fetal
external examination data for the developmental toxicity study in rats,
this conclusion may be revised.
    3. Conclusion. There is a complete toxicity database for
flufenoxuron and exposure data are complete or are estimated based on
data that reasonably account for potential exposures.
    The establishment of tolerances for flufenoxuron on imported
commodities include consideration of the fact that: There are no
residual uncertainties concerning pre- and post-natal toxicity and no
neurotoxicity concerns; the chronic dietary (food + drinking water)
exposure assessment is a conservative assessment that is based on
reliable data and will not underestimate exposure/risk; there is no
potential for drinking water exposure from the proposed use on imported
commodities; there is no potential for residential exposure.
Additionally, the EPA evaluated the quality of the toxicology and
exposure data; and, based on these data, concluded that the FQPA SF be
reduced to 1x. The recommendation was based on the following:
    i. There is no evidence of increased susceptibility in the
developmental study in rats.
    ii. In the rabbit developmental study, there is evidence of
increased susceptibility; however, the effects are well characterized
and clear NOAELs and LOAELs are established. Since the effects occurred
at the limit dose, the delayed fetal growth may be considered a high
dose effect.
    iii. In the 2-generation reproduction study in rat, there is
evidence for the increased susceptibility; however, the effects were
well characterized, clear NOAELs and LOAELs were established for
offspring toxicities, and the endpoints were used for risk assessment.
Therefore, there is no residual uncertainty for pre- and/or post-natal
susceptibility.
    iv. The toxicological database is complete for FQPA assessment.
    v. The chronic dietary food exposure assessment utilizes proposed
tolerance level residues and assumes 100% CT information for all
commodities. By using these screening-level assessments, actual
exposures/risks will not be underestimated.

E. Aggregate Risks and Determination of Safety

    1. Acute risk. Because an endpoint of concern attributable to a
single dose was not identified for flufenoxuron, it is not expected to
pose an acute risk.
    2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that exposure to
flufenoxuron from food will utilize 14% of the cPAD for the U.S.
population, 23% of the cPAD for all infants (< 1 year), and 63% of the
cPAD for children 1-2 years. There are no residential uses for
flufenoxuron that result in chronic residential exposure to
flufenoxuron. EPA does not expect the aggregate exposure to exceed 100%
of the cPAD.
    3. Short-term risk, Intermediate-term risk. Flufenoxuron is not
registered for use on any sites that would result in residential or
drinking water exposure. Therefore, the aggregate risk is the sum of
the risk from food and water, which do not exceed the Agency's level of
concern.
    4. Aggregate cancer risk for U.S. population. Based on lack of
evidence of carcinogenicity in both rats and mice carcinogenicity
studies, the chemical is considered as ``not likely to be carcinogenic
to humans.''
    5. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population and to infants and children from aggregate
exposure to flufenoxuron residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    An adequate HPLC/ultraviolet (UV) method (SAMS 432-3) and liquid
chromatography (LC)/mass spectrometry (MS)/MS method (BASF Method 544/
0) are available for collecting data on flufenoxuron residues in/on
plant commodities. The limit of quantification (LOQ) for flufenoxuron
in/on plant commodities is 0.05 ppm for the HPLC/UV method and 0.01 ppm
for the LC/MS/MS method. Method SAMS 432-3, which is also the proposed
enforcement method for plant commodities, has been radio-validated and
undergone a successful independent laboratory validation (ILV) trial.
As a successful ILV trail has already been conducted, the method has
been forwarded to the Analytical Chemistry Branch of the Biological and
Economics Analysis Division (ACB/BEAD) for a petition method validation
(PMV) (Memo, J. Tyler, 8/10/05; DP 320112).

    Adequate HPLC/UV methods are also available for collecting data on
flufenoxuron residues in milk (Method SAMS 486-1) and livestock tissues
(Method SAMS 457-2). The validated LOQ for flufenoxuron is 0.01 ppm in
milk, 0.3 ppm in fat, and 0.1 ppm in other tissues. Method SAMS 486-1,
which is the proposed enforcement method for milk, does not require
radio-validation (due to the similarity between the extraction
procedures in the proposed method and the extraction procedures used in
the metabolism studies) and has undergone a successful ILV. This method
has been forwarded to ACB/BEAD for a PMV trial (Memo, J. Tyler, 8/10/
05; DP 320112).

B. International Residue Limits

    There are currently no established or proposed Canadian, Mexican or
Codex maximum residue limits (MRLs) for flufenoxuron.

C. Response to Comments

    A private citizen responded to PP 8E4943. Comments were received on
April 19, 2006 objecting to the allowance of any residues of
flufenoxuron on food commodities. One comment was received from a
private citizen who opposed the authorization to sell to any pesticide
that leaves a residue on food. The Agency has received this same
comment from this commenter on numerous previous occasions and rejects
it for the reasons previously stated. (January 7, 2005, 70 FR 1349,
1354; FRL-7691-4).

V. Conclusion

    Therefore, the tolerances are established for residues of
flufenoxuron, 1-[4-(2-chloro-[alpha],[alpha],[alpha]-trifluoro-p-
tolyloxy)-2-fluorophenyl]-3-(2,6-difluorobenzoyl)urea, in or on apple
(0.50 ppm); grape (0.70 ppm); grape, raisin (2.0 ppm); cattle, meat
(0.10 ppm); cattle, fat (4.5 ppm); cattle, meat byproducts (0.50 ppm);
goat, meat (0.10 ppm); goat, fat (4.5 ppm); goat, meat byproducts (0.50
ppm); horse, meat (0.10 ppm); horse, fat (4.5 ppm); horse, meat
byproducts (0.50 ppm); sheep, meat (0.10 ppm); sheep, fat (4.5 ppm);
sheep, meat byproducts (0.50 ppm); milk (0.20 ppm); milk, fat (4.0
ppm); orange (0.30 ppm); orange, oil (60 ppm); and pear (0.50 ppm).
    The petitioner is to provide an amended analytical method, as the
current method is not adequate for tolerance enforcement in/on plant
commodities because confirmatory HPLC/UV analysis is not sufficiently
distinct from the primary analytical method. The petitioner should
revise the method to include a confirmatory analysis using LC/MS/MS,
which has been shown to adequately detect and quantify flufenoxuron in
BASF Method 544/0. In addition, although a successful ILV trial was
conducted on HPLC/UV method SAMS 458- 1 using fat samples, this method
is distinct from SAMS 457-2 and is only for the analysis of fat.
Therefore, a separate ILV trial should be conducted on Method SAMS 457-
2 using samples of liver and muscle. Any proposed HPLC/UV method must
also be revised to include directions for a confirmatory analysis using
an analytical method that is distinct from the primary analytical
method. In addition, radio-labeled method validation data are required
for the proposed enforcement method using tissue samples from the goat
metabolism study to ensure that the method will adequately extract
endogenous flufenoxuron residues.

VI. Statutory and Executive Order Reviews

    This final rule establishes a tolerance under section 408(d) of
FFDCA in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993). Because this rule has been
exempted from review under Executive Order 12866 due to its lack of
significance, this rule is not subject to Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 22, 2001). This final rule does
not contain any information collections subject to OMB approval under
the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., or impose
any enforceable duty or contain any unfunded mandate as described under
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law
104-4). Nor does it require any special considerations under Executive
Order 12898, entitled Federal Actions to Address Environmental Justice
in Minority Populations and Low-Income Populations (59 FR 7629,
February 16, 1994); or OMB review or any Agency action under Executive
Order 13045, entitled Protection of Children from Environmental Health
Risks and Safety Risks (62 FR 19885, April 23, 1997). This action does
not involve any technical standards that would require Agency
consideration of voluntary consensus standards pursuant to section
12(d) of the National Technology Transfer and Advancement Act of 1995
(NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 note). Since
tolerances and exemptions that are established on the basis of a
petition under section 408(d) of FFDCA, such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply. In addition, the Agency has determined that this
action will not have a substantial direct effect on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132, entitled Federalism
(64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' This final rule directly regulates growers, food
processors, food handlers and food retailers, not States. This action
does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. For these same reasons, the Agency has
determined that this rule does not have any ``tribal implications'' as
described in Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (65 FR 67249, November 6,
2000). Executive Order 13175, requires EPA to develop an accountable
process to ensure ``meaningful and timely input by tribal officials in
the development of regulatory policies that have tribal implications.''
``Policies that have tribal implications'' is defined in the Executive
order to include regulations that have ``substantial direct effects on
one or more Indian tribes, on the relationship between the Federal
Government and the Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.''
This rule will not have substantial direct effects on tribal
governments, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal

Government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this rule.

VII. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of this final rule in the Federal Register. This final
rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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

    Dated: August 20, 2006.
James Jones,
Director, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. Section 180.623 is added to read as follows:

Sec.  180.623  Flufenoxuron; tolerances for residues.

    (a) General. Tolerances are established for residues of the
insecticide, flufenoxuron, 1-[4-(2-chloro-[alpha],[alpha],[alpha]-
trifluoro-p-tolyloxy)-2-fluorophenyl]-3-(2,6-difluorobenzoyl)urea, in
or on the following food commodities.

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Apple\1\.............................................               0.50
Cattle, fat\1\.......................................                4.5
Cattle, meat\1\......................................               0.10
Cattle, meat byproducts\1\...........................               0.50
Goat, fat\1\.........................................                4.5
Goat, meat\1\........................................               0.10
Goat, meat byproducts\1\.............................               0.50
Grape\1\.............................................               0.70
Grape, raisin\1\.....................................                2.0
Horse, fat\1\........................................                4.5
Horse, meat\1\.......................................               0.10
Horse, meat byproducts\1\............................               0.50
Milk.................................................               0.20
Milk, fat\1\.........................................                4.0
Orange\1\............................................               0.30
Orange, oil\1\.......................................                 60
Pear\1\..............................................               0.50
Sheep, fat\1\........................................                4.5
Sheep, meat\1\.......................................               0.10
Sheep, meat byproducts\1\............................               0.50
------------------------------------------------------------------------
\1\There are no U.S. registrations as of September 30, 2006.

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional restrictions. [Reserved]
    (b) Indirect or inadvertent residues. [Reserved]
[FR Doc. E6-15931 Filed 9-28-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 76, Number 217 (Wednesday, November 9, 2011)]
[Rules and Regulations]
[Pages 69665-69672]
[FR Doc No: 2011-28974]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2011-0002]

Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

SUMMARY: Base (1% annual-chance) Flood Elevations (BFEs) and modified
BFEs are made final for the communities listed below. The BFEs and
modified BFEs are the basis for the floodplain management measures that
each community is required either to adopt or to show evidence of being
already in effect in order to qualify or remain qualified for
participation in the National Flood Insurance Program (NFIP).

DATES: The date of issuance of the Flood Insurance Rate Map (FIRM)
showing BFEs and modified BFEs for each community. This date may be
obtained by contacting the office where the maps are available for
inspection as indicated in the table below.

ADDRESSES: The final BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the modified
BFEs for each community listed. These modified

elevations have been published in newspapers of local circulation and
ninety (90) days have elapsed since that publication. The Deputy
Federal Insurance and Mitigation Administrator has resolved any appeals
resulting from this notification.
    This final rule is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the proof Flood Insurance Study and FIRM available at the
address cited below for each community. The BFEs and modified BFEs are
made final in the communities listed below. Elevations at selected
locations in each community are shown.
    National Environmental Policy Act. This final rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Consideration. An environmental impact assessment has not been
prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This final rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This final rule meets
the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements.

    Accordingly, 44 CFR part 67 is amended as follows:

PART 67--[AMENDED]

0
1. The authority citation for part 67 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                * Elevation in
                                                                                feet (NGVD)  +
                                                                                Elevation in feet
                                                                                (NAVD)
              State                 City/town/county   Source of flooding       Location         Depth in feet
                                                                                above ground
                                                                                [caret] Elevation
                                                                                in meters (MSL)
                                                                                Modified
----------------------------------------------------------------------------------------------------------------
                                           City of Indianola, Nebraska
                                             Docket No.: FEMA-B-1147
----------------------------------------------------------------------------------------------------------------
Nebraska........................  City of Indianola..  Coon Creek........  Approximately 260              + 2378
                                                                            feet downstream
                                                                            of Burlington
                                                                            Northern Railroad.
                                                                           Approximately 1.13             + 2397
                                                                            miles upstream of
                                                                            D Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES
City of Indianola
Maps are available for inspection at 210 North 4th Street, Indianola, NE 69034.
----------------------------------------------------------------------------------------------------------------
                                        City of Sioux Falls, South Dakota
                                             Docket No.: FEMA-B-1149
----------------------------------------------------------------------------------------------------------------
South Dakota....................  City of Sioux Falls  Big Sioux River...  Approximately 0.5              + 1320
                                                                            mile downstream
                                                                            of Cliff Avenue,
                                                                            landward of north
                                                                            levee.
                                                                           Approximately                  + 1324
                                                                            1,800 feet
                                                                            upstream of Cliff
                                                                            Avenue, landward
                                                                            of north levee.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES
City of Sioux Falls
Maps are available for inspection at 224 West 9th Street, Sioux Falls, SD 57117.
----------------------------------------------------------------------------------------------------------------
                                  City of Suffolk, Virginia (Independent City)
                                             Docket No.: FEMA-B-1145
----------------------------------------------------------------------------------------------------------------
Virginia........................  City of Suffolk....  Hampton Roads.....  From the                          + 8
                                                                            intersection of
                                                                            Sandy Drive and
                                                                            South Road to
                                                                            approximately 310
                                                                            feet south,
                                                                            extending
                                                                            approximately 500
                                                                            feet west along
                                                                            Sandy Drive.

Virginia........................  City of Suffolk....  Unnamed ponding     From the                          + 8
                                                        areas controlled    intersection of
                                                        by Hampton Roads.   Sandy Drive and
                                                                            Hampton Road to
                                                                            approximately
                                                                            1,100 feet south,
                                                                            and extending
                                                                            approximately 510
                                                                            feet east along
                                                                            Sandy Drive.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES
City of Suffolk
Maps are available for inspection at the City Manager's Office, 441 Market Street, Suffolk, VA 23434.
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                                                                      * Elevation in
                                                                      feet (NGVD)  +
                                                                    Elevation in feet
                                                                    (NAVD)
           Flooding source(s)              Location of referenced     Depth in feet       Communities affected
                                                 elevation             above ground
                                                                    [caret] Elevation
                                                                     in meters (MSL)
                                                                         Modified
----------------------------------------------------------------------------------------------------------------
                                 Summit County, Colorado, and Incorporated Areas
                                             Docket No.: FEMA-B-1049
----------------------------------------------------------------------------------------------------------------
Willow Creek...........................  At the confluence with                + 8682  Town of Silverthorne,
                                          the Blue River.                               Unincorporated Areas of
                                                                                Summit County.
                                         Approximately 1,235 feet              + 8874
                                          upstream of Ruby Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES
Town of Silverthorne
Maps are available for inspection at 601 Center Circle, Silverthorne, CO 80493.

                                      Unincorporated Areas of Summit County
Maps are available for inspection at 208 East Lincoln Avenue, Breckenridge, CO 80424.
----------------------------------------------------------------------------------------------------------------
                                 Marion County, Illinois, and Incorporated Areas
                                             Docket No.: FEMA-B-1104
----------------------------------------------------------------------------------------------------------------
CEI Branch of Town Creek...............  Approximately 650 feet                 + 530  Unincorporated Areas of
                                          upstream of Chicago and                       Marion County.
                                          Eastern Illinois Dam.
                                         Approximately 1,100 feet               + 530
                                          upstream of Old Yards
                                          Road.
Crooked Creek..........................  Approximately 1,650 feet               + 464  Unincorporated Areas of
                                          downstream of West Green                      Marion County.
                                          Street extended.
                                         Approximately at the                   + 468
                                          upstream side of Breway
                                          Hill Road.
Folks Creek............................  Approximately at the                   + 515  Unincorporated Areas of
                                          downstream side of Kell                       Marion County.
                                          Street.
                                         Approximately at the                   + 531
                                          upstream side of Blair
                                          Street.
Fulton Branch..........................  Approximately at the                   + 490  City of Centralia.
                                          upstream side of the
                                          railroad.
                                         Approximately 300 feet                 + 492
                                          upstream of U.S. Route
                                          51 (Southbound Lane).
Fulton Branch Tributary................  Approximately at the                   + 499  City of Centralia.
                                          upstream side of Wabash
                                          Avenue.
                                         Approximately at the                   + 512
                                          downstream side of U.S.
                                          Route 51.
Raccoon Creek..........................  Approximately 0.85 mile                + 468  Unincorporated Areas of
                                          downstream of Green                           Marion County.
                                          Street Road.
                                         Approximately at the                   + 468
                                          downstream side of
                                          Raccoon Lake Dam.
Raccoon Lake...........................  Approximately at the                   + 480  Unincorporated Areas of
                                          upstream side of Raccoon                      Marion County.
                                          Lake Dam.
                                         Approximately 1.27 miles               + 480
                                          downstream of Illinois
                                          Route 161.

Town Creek.............................  Approximately at the                   + 502  Unincorporated Areas of
                                          downstream side of Kell                       Marion County.
                                          Street.
                                         Approximately 1,600 feet               + 550
                                          downstream of Tonti Road.
Tributary No. 1........................  Approximately at the                   + 530  Unincorporated Areas of
                                          upstream side of                              Marion County.
                                          Franklin Street.
                                         Approximately 570 feet                 + 530
                                          upstream of Franklin
                                          Street.
Tributary No. 2........................  Approximately 1,200 feet               + 525  Unincorporated Areas of
                                          downstream of Lake                            Marion County.
                                          Street extended.
                                         Approximately at the                   + 542
                                          downstream side of West
                                          Blair Street.
Unnamed Tributary A....................  Approximately 420 feet                 + 468  City of Centralia,
                                          upstream of Green Street                      Unincorporated Areas of
                                          Road.                                         Marion County.
                                         Approximately 90 feet                  + 468
                                          downstream of Club House
                                          Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES
City of Centralia
Maps are available for inspection at City Hall, 222 South Poplar Street, Centralia, IL 62801.

                                      Unincorporated Areas of Marion County
Maps are available for inspection at the Marion County Courthouse, 100 Broadway Avenue, Salem, IL 62881.
----------------------------------------------------------------------------------------------------------------
                                Marshall County, Indiana, and Incorporated Areas
                                             Docket No.: FEMA-B-1148
----------------------------------------------------------------------------------------------------------------
Yellow River...........................  At East 4th Road.........              + 800  Unincorporated Areas of
                                                                                Marshall County.
                                         Approximately 0.57 mile                + 800
                                          upstream of East 4th
                                          Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES
                                     Unincorporated Areas of Marshall County
Maps are available for inspection at the Marshall County Government Office, 112 West Jefferson Street, Plymouth,
 IN 46563.
----------------------------------------------------------------------------------------------------------------
                                  Marshall County, Iowa, and Incorporated Areas
                                             Docket No.: FEMA-B-1147
----------------------------------------------------------------------------------------------------------------
Iowa River.............................  Approximately 0.47 mile                + 861  Unincorporated Areas of
                                          downstream of Main                            Marshall County.
                                          Street Road.
                                         Approximately 1.25 miles               + 881
                                          upstream of Prairie
                                          Avenue.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES
                                     Unincorporated Areas of Marshall County
Maps are available for inspection at Marshall County Courthouse, 1 East Main Street, Marshalltown, IA 50158.
----------------------------------------------------------------------------------------------------------------
                                   Alpena County, Michigan (All Jurisdictions)
                                             Docket No.: FEMA-B-1151
----------------------------------------------------------------------------------------------------------------
Lake Huron.............................  From approximately 1.3                 + 583  City of Alpena, Township
                                          miles northwest of the                        of Alpena.
                                          intersection of Rockport
                                          Road and Old Grade Road,
                                          to approximately 700
                                          feet southeast of the
                                          intersection of South
                                          State Avenue and Mason
                                          Street.
Lake Huron.............................  From approximately 1,000               + 583  Township of Sanborn.
                                          feet northeast of the
                                          intersection of Curtis
                                          Drive and U.S. Route 23,
                                          to approximately 4.5
                                          miles southeast of the
                                          intersection of Wilds
                                          Road and Brousseau Road.

Long Lake..............................  Entire shoreline within                + 651  Township of Alpena.
                                          community.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES
City of Alpena
Maps are available for inspection at 208 North 1st Avenue, Alpena, MI 49707.

Township of Alpena
Maps are available for inspection at 4385 U.S. Route 23 North, Alpena, MI 49707.

Township of Sanborn
Maps are available for inspection at 10068 Ossineke Road, Ossineke, MI 49766.
----------------------------------------------------------------------------------------------------------------

                               Sherburne County, Minnesota, and Incorporated Areas
                                             Docket No.: FEMA-B-1125
----------------------------------------------------------------------------------------------------------------
Big Elk Lake...........................  Entire shoreline.........              + 969  Unincorporated Areas of
                                                                                Sherburne County.
Briggs Lake............................  Entire shoreline.........              + 969  Unincorporated Areas of
                                                                                Sherburne County.
Eagle Lake.............................  Entire shoreline.........              + 928  Unincorporated Areas of
                                                                                Sherburne County.
Elk Lake...............................  Entire shoreline.........              + 953  Unincorporated Areas of
                                                                                Sherburne County.
Elk River..............................  Approximately 50 feet                  + 877  City of Becker, City of
                                          upstream of U.S. Route                        Big Lake, City of Elk
                                          10.                                           River, Unincorporated
                                                                                Areas of Sherburne
                                                                                County.
                                         At Big Elk Lake..........              + 969
Fremont Lake...........................  Entire shoreline.........              + 977  City of Zimmerman,
                                                                                Unincorporated Areas of
                                                                                Sherburne County.
Julia Lake.............................  Entire shoreline.........              + 969  Unincorporated Areas of
                                                                                Sherburne County.
Long Pond..............................  Entire shoreline.........              + 966  Unincorporated Areas of
                                                                                Sherburne County.
Rush Lake..............................  Entire shoreline.........              + 969  Unincorporated Areas of
                                                                                Sherburne County.
Trott Brook............................  At the Anoka County                    + 879  City of Elk River.
                                          boundary.
                                         Approximately 0.86 mile                + 943
                                          upstream of Brook Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES
City of Becker
Maps are available for inspection at City Hall, 12060 Sherburne Avenue, Becker, MN 55308.

City of Big Lake
Maps are available for inspection at City Hall, 160 Lake Street North, Big Lake, MN 55309.

City of Elk River
Maps are available for inspection at City Hall, 13065 Orono Parkway, Elk River, MN 55330.

City of Zimmerman
Maps are available for inspection at City Hall, 12980 Fremont Avenue, Zimmerman, MN 55398.

                                    Unincorporated Areas of Sherburne County
Maps are available for inspection at the Sherburne County Government Center, 13880 U.S. Route 10, Elk River, MN
 55330.
----------------------------------------------------------------------------------------------------------------

                                  Clark County, Nevada, and Incorporated Areas
                                             Docket No.: FEMA-B-1133
----------------------------------------------------------------------------------------------------------------
Las Vegas Wash.........................  At the mouth of Las Vegas             + 1431  City of Henderson, City
                                          Wash (Lake Las Vegas                          of Las Vegas, City of
                                          Parkway).                                     North Las Vegas,
                                                                                Unincorporated Areas of
                                                                                Clark County.
                                         Approximately 375 feet                + 1852
                                          upstream of North Las
                                          Vegas Boulevard.
Unnamed Tributary to Las Vegas Wash A    Approximately 1,000 feet              + 1857  City of North Las Vegas.
 Channel.                                 upstream of the
                                          intersection of Las
                                          Vegas Wash and Las Vegas
                                          Boulevard.
                                         Approximately 400 feet                + 1886
                                          downstream of I-15.
Unnamed Wash Along Gowan Road..........  Approximately 180 feet                + 2256  City of Las Vegas,
                                          upstream of the                               Unincorporated Areas of
                                          intersection of North                         Clark County.
                                          Rancho Drive and West
                                          Gowan Road.
                                         At the intersection of                + 2311
                                          West Gowan Road and U.S.
                                          Route 95.
Unnamed Wash Along Maverick Street and   Approximately 300 feet                + 2258  City of Las Vegas,
 Duncan Drive.                            upstream of the                               Unincorporated Areas of
                                          intersection of Duncan                        Clark County.
                                          Drive and North Rancho
                                          Drive.
                                         Approximately 150 feet                + 2280
                                          downstream of the
                                          intersection of West
                                          Gowan Road and Maverick
                                          Street.
Unnamed Wash Along North Rancho Drive..  Approximately 300 feet                + 2209  City of Las Vegas, City
                                          upstream of the                               of North Las Vegas.
                                          intersection of North
                                          Rancho Drive and North
                                          Decatur Boulevard.
                                         Approximately 250 feet                + 2298
                                          upstream of the
                                          intersection of North
                                          Rancho Drive and West
                                          Craig Road.
Unnamed Wash along U.S. Route 95.......  At the intersection of                + 2317  City of Las Vegas.
                                          West Gowan Street and
                                          U.S. Route 95.
                                         Approximately 950 feet                + 2325
                                          upstream of the
                                          intersection of U.S.
                                          Route 95 and West Craig
                                          Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES
City of Henderson
Maps are available for inspection at the Public Works Department, 240 Water Street, Henderson, NV 89015.

City of Las Vegas
Maps are available for inspection at the Public Works Department, 400 Stewart Avenue, Las Vegas, NV 89101.

City of North Las Vegas
Maps are available for inspection at the Public Works Department, 2200 Civic Center Drive, North Las Vegas, NV
 89030.

                                      Unincorporated Areas of Clark County
Maps are available for inspection at the Clark County Public Works Department, 500 South Grand Central Parkway,
 Las Vegas, NV 89155.
----------------------------------------------------------------------------------------------------------------
                               Lincoln County, New Mexico, and Incorporated Areas
                                             Docket No.: FEMA-B-1109
----------------------------------------------------------------------------------------------------------------
Brady Canyon...........................  At the confluence with                + 6746  Unincorporated Areas of
                                          the Rio Ruidoso.                              Lincoln County, Village
                                                                                of Ruidoso.
                                         Approximately 1,100 feet              + 6948
                                          upstream of Ash Drive.
Carrizo Creek..........................  At the confluence with                + 6553  Unincorporated Areas of
                                          the Rio Ruidoso.                              Lincoln County, Village
                                                                                of Ruidoso.
                                         Just upstream of Carrizo              + 6751
                                          Canyon Road.
Cedar Creek............................  At the confluence with                + 6534  Unincorporated Areas of
                                          the Rio Ruidoso.                              Lincoln County, Village
                                                                                of Ruidoso.
                                         Approximately 500 feet                + 7160
                                          upstream of Musket Ball
                                          Drive.
Cherokee Bill Canyon...................  At the confluence with                + 6446  Unincorporated Areas of
                                          the Rio Ruidoso.                              Lincoln County, Village
                                                                                of Ruidoso.
                                         Approximately 1,800 feet              + 6693
                                          upstream of Dunagan
                                          Trail.

Musket Ball Creek......................  Just upstream of Cedar                + 7150  Unincorporated Areas of
                                          Creek Drive.                                  Lincoln County.
                                         Approximately 285 feet                + 7216
                                          upstream of Musket Ball
                                          Drive.
North Fork Cedar Creek.................  Approximately 1,750 feet              + 7160  Unincorporated Areas of
                                          downstream of Spring                          Lincoln County.
                                          Canyon Road.
                                         Just downstream of Watson             + 7302
                                          Road.
Rio Bonito.............................  Approximately 650 feet                + 6845  Unincorporated Areas of
                                          downstream of State                           Lincoln County.
                                          Highway 48.
                                         Just downstream of Bonito             + 7318
                                          Lake Dam.
Rio Ruidoso............................  Approximately 1.0 mile                + 5188  City of Ruidoso Downs,
                                          downstream of County                          Unincorporated Areas of
                                          Road 17.                                      Lincoln County, Village
                                                                                of Ruidoso.
                                         Approximately 800 feet                + 7168
                                          upstream of Malone Road.
Salado Creek...........................  Approximately 320 feet                + 6382  Unincorporated Areas of
                                          upstream of U.S. Route                        Lincoln County, Village
                                          380.                                          of Capitan.
                                         Approximately 110 feet                + 6484
                                          upstream of Dean Drive.
South Fork Cedar Creek.................  Approximately 480 feet                + 7160  Unincorporated Areas of
                                          downstream of Chuck                           Lincoln County.
                                          Wagon Road.
                                         Approximately 330 feet                + 7233
                                          upstream of Jarratt
                                          Drive.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES
City of Ruidoso Downs
Maps are available for inspection at 122 Downs Drive, Ruidoso Downs, NM 88346.

                                     Unincorporated Areas of Lincoln County
Maps are available for inspection at the Lincoln County Floodplain Manager's Office, 115 Kansas City Road,
 Ruidoso, NM 88345.

Village of Capitan
Maps are available for inspection at the Lincoln County Floodplain Manager's Office, 115 Kansas City Road,
 Ruidoso, NM 88345.

Village of Ruidoso
Maps are available for inspection at 313 Cree Meadows Drive, Ruidoso, NM 88345.
----------------------------------------------------------------------------------------------------------------
                                   Erath County, Texas, and Incorporated Areas
                                             Docket No.: FEMA-B-1112
----------------------------------------------------------------------------------------------------------------
North Bosque River.....................  Just upstream of East                 + 1265  Unincorporated Areas of
                                          Lingleville Road.                             Erath County.
                                         Approximately 0.5 mile                + 1276
                                          upstream of State
                                          Highway 108.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES
                                      Unincorporated Areas of Erath County
Maps are available for inspection at the Erath County Courthouse, 100 West Washington, Stephenville, TX 76401.
----------------------------------------------------------------------------------------------------------------
                                Pierce County, Wisconsin, and Incorporated Areas
                                             Docket No.: FEMA-B-1100
----------------------------------------------------------------------------------------------------------------
Bay City Creek.........................  Approximately 900 feet                 + 690  Unincorporated Areas of
                                          upstream of State                             Pierce County.
                                          Highway 35.
                                         Approximately 1,000 feet               + 691
                                          upstream of State
                                          Highway 35.
Eau Galle River........................  Approximately 0.8 mile                 + 846  Unincorporated Areas of
                                          upstream of Winter                            Pierce County.
                                          Avenue (State Highway
                                          72).
                                         Approximately 0.9 mile                 + 847
                                          upstream of Winter
                                          Avenue (State Highway
                                          72).
Kinnickinnic River                       Approximately 1,600 feet               + 810  Unincorporated Areas of
                                          downstream of Lake                            Pierce County.
                                          Louise Dam.
                                         Approximately 1,000 feet               + 812
                                          downstream of Lake
                                          Louise Dam.

Mississippi River......................  At the Pepin County                    + 681  City of Prescott,
                                          boundary.                                     Unincorporated Areas of
                                                                                Pierce County, Village
                                                                                of Bay City, Village of
                                                                                Maiden Rock.
                                         Approximately 1,700 feet               + 690
                                          south of the
                                          intersection of State
                                          Highway 35 and Walter
                                          Street.
Rush Coulee............................  Approximately 250 feet                 + 832  Unincorporated Areas of
                                          downstream of Maple                           Pierce County.
                                          Avenue (County Highway
                                          S).
                                         At Maple Avenue (County                + 833
                                          Highway S).
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES
City of Prescott
Maps are available for inspection at City Hall, 800 Borner Street North, Prescott, WI 54021.

                                      Unincorporated Areas of Pierce County
Maps are available for inspection at the Pierce County Courthouse, 414 West Main Street, Ellsworth, WI 54011.

Village of Bay City
Maps are available for inspection at the Village Hall, West 6371 Main Street, Bay City, WI 54723.

Village of Maiden Rock
Maps are available for inspection at the Village Hall, West 3535 State Highway 35, Maiden Rock, WI 54750.
----------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: October 28, 2011.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation
Administration, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2011-28974 Filed 11-8-11; 8:45 am]
BILLING CODE 9110-12-P


Page 1 of 2 April 29, 2004 FIFRA SCIENTIFIC ADVISORY PANEL ( SAP) OPEN MEETING MAY 4 6, 2004 FIFRA SAP WEB SITE http:// www. epa. gov/ scipoly/ sap/ OPP Docket Telephone: ( 703) 305 5805 Docket Number: OPP 2004 0099 Holiday Inn Rosslyn at Key Bridge 1900 North Fort Myer Drive, Arlington, VA 22209 703 807 2000 CONSULTATION ON DERMAL SENSITIZATION ISSUES FOR EXPOSURES TO PESTICIDES FIFRA SAP Session Chair Steven Heeringa, Ph. D. Research Scientist & Director for Statistical Design, Institute for Social Research, University of Michigan, Ann Arbor, MI FIFRA Scientific Advisory Panel Members Stuart Handwerger, M. D., Professor of Pediatrics, University of Cincinnati; Children's Hospital Medical Center, Cincinnati, OH Gary Isom, Ph. D. Professor of Toxicology, School of Pharmacy & Pharmacal Sciences, Purdue University, West Lafayette, IN Mary Anna Thrall, D. V. M. , Professor, Microbiology; Immunology & Pathology, Colorado State University College of Veterinary Medicine and Biomedical Sciences, Fort Collins, CO FQPA Science Review Board Members Paul Bailey, Ph. D. Exxon Mobil, Senior Scientific Associate, Toxicology and Environmental Sciences Division, Intermediates and Synthetics Section, ExxonMobil Biomedical Sciences, Inc. Annandale, NJ Gary Burleson, Ph. D. President, BRT Burleson Research Laboratories, Inc., Raleigh, NC Ih Chu, Ph. D. Head, Environmental & Occupational Toxicology Division, Health Protection Branch, Health Canada, Ottawa, ON, Canada Iain Foulds, F. R. C. P. Consultant Dermatologist and Senior Lecturer, Sandwell and West Birmingham Teaching Hospitals NHS Trust, Good Hope NHS Trust, Institute of Occupational Page 2 of 2 Health, University of Birmingham, Birmingham, United Kingdom A. Wallace Hayes, PhD, DABT, FATS, FIBiol, FACFE, ERT, Visiting Scientist, Department of Environmental Health, Harvard School of Public Health, Harvard University, Andover, MA Abigail Jacobs, Ph. D. Pharmacologist, CDER, FDA, Rockville, MD Jean Meade, D. V. M., Ph. D. Toxicologist, Office of the Director, NIOSH, Morgantown, WV Torkil Menne, M. D. Chair of the Department of Dermatology, Gentofte University Hospital Niels Andersens Vej 65, Hellerup, Denmark Nancy Monteiro Riviere, Ph. D. Professor of Investigative Dermatology and Toxicology, Department of Clinical Sciences, Center for Chemical Toxicology Research and Pharmacokinetics, College of Veterinary Medicine, North Carolina State University , Raleigh, NC Richard Pleus, Ph. D. Director, Intertox, Suite 415, Seattle, WA Paul Siegel, Ph. D., M. S. P. H, Team Leader Bioorganic Chemistry/ Director Scientist, Analytical Services Branch, Health Effects Laboratory Division, NIOSH, Morgantown, WV


[Federal Register Volume 84, Number 72 (Monday, April 15, 2019)]
[Notices]
[Pages 15239-15241]
[FR Doc No: 2019-07372]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85565; File No. SR-NYSECHX-2019-05]

Self-Regulatory Organizations; NYSE Chicago, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Extend
the Pilot Related to Article 20, Rule 2, Trading Halts Due to
Extraordinary Market Volatility

April 9, 2019.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on April 5, 2019, the NYSE Chicago, Inc. (``NYSE Chicago''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to extend the pilot related to Article 20,
Rule 2, Trading Halts Due to Extraordinary Market Volatility, to the
close of business on October 18, 2019. The proposed rule change is
available on the Exchange's website at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    Article 20, Rule 2 provides a methodology for determining when to
halt trading in all stocks due to extraordinary market volatility,
i.e., market-wide circuit breakers. The market-wide circuit breaker
mechanism under Rule 2 was approved by the Commission to operate on a
pilot basis, the term of which was to coincide with the pilot period
for the Plan to Address Extraordinary Market Volatility Pursuant to
Rule 608 of Regulation NMS (the '' LULD Plan''),\4\ including any
extensions to the pilot period for the LULD Plan.\5\ The Commission
published an amendment to the LULD Plan for it to operate on a
permanent, rather than pilot, basis.\6\
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    \4\ See Securities Exchange Act Release No. 67091 (May 31,
2012), 77 FR 33498 (June 6, 2012) (the ``Limit Up-Limit Down
Release'').
    \5\ See Securities Exchange Act Release Nos. 67090 (May 31,
2012), 77 FR 33531 (June 6, 2012) (SR-CHX-2011-30) (Approval Order);
and 68777 (January 31, 2013), 78 FR 8673 (February 6, 2013) (SR-CHX-
2013-04) (Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Delaying the Operative Date of Rule 2 to April 8, 2013).
    \6\ See Securities Exchange Act Release Nos. 84843 (December 18,
2018), 83 FR 66464 (December 26, 2018) (Amendment No. 18 Proposing
Release).
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    The Exchange proposes to amend Rule 2 to untie the pilot's
effectiveness from that of the LULD Plan and to extend the pilot's
effectiveness to the close of business on October 18, 2019. The
Exchange does not propose any additional changes to Rule 2.
    Market-wide circuit breakers under Rule 2 provide an important,
automatic mechanism that is invoked to promote

stability and investor confidence during a period of significant stress
when securities markets experience extreme broad-based declines. All
U.S. equity exchanges have rules relating to market-wide circuit
breakers, which are designed to slow the effects of extreme price
movement through coordinated trading halts across securities markets
when severe price declines reach levels that may exhaust market
liquidity. Market-wide circuit breakers provide for trading halts in
all equities and options markets during a severe market decline as
measured by a single-day decline in the S&P 500 Index.
    Pursuant to Rule 2, a market-wide trading halt will be triggered if
the S&P 500 Index declines in price by specified percentages from the
prior day's closing price of that index. Currently, the triggers are
set at three circuit breaker thresholds: 7% (Level 1), 13% (Level 2)
and 20% (Level 3). A market decline that triggers a Level 1 or Level 2
circuit breaker after 9:30 a.m. ET and before 3:25 p.m. ET would halt
market-wide trading for 15 minutes, while a similar market decline at
or after 3:25 p.m. ET would not halt market-wide trading. A market
decline that triggers a Level 3 circuit breaker, at any time during the
trading day, would halt market-wide trading for the remainder of the
trading day.
    The Exchange intends to file a separate proposed rule change with
the Commission to operate Rule 2 on a permanent, rather than pilot,
basis. Extending the effectiveness of Rule 2 to the close of business
on October 18, 2019 should provide the Commission adequate time to
consider whether to approve the Exchange's separate proposal to operate
the market-wide circuit breaker mechanism under Rule 2 on a permanent
basis.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with the
requirements of Sections 6(b) \7\ and 6(b)(5) of the Act,\8\ in
particular, because it would promote just and equitable principles of
trade, remove impediments to, and perfect the mechanism of, a free and
open market and a national market system. The Exchange also believes
that the proposed rule change promotes just and equitable principles of
trade in that it promotes transparency and uniformity across markets
concerning when and how to halt trading in all stocks as a result of
extraordinary market volatility. Extending the market-wide circuit
breaker pilot under Rule 2 an additional six months would ensure the
continued, uninterrupted operation of a consistent mechanism to halt
trading across the U.S. markets while the Commission considers whether
to approve the pilot on a permanent basis. The proposed rule change
would thus promote fair and orderly markets and the protection of
investors and the public interest. Based on the foregoing, the Exchange
believes the benefits to market participants from the market-wide
circuit breaker mechanism under Rule 2 should continue on a pilot basis
while the Commission considers whether to permanently approve Rule 2.
---------------------------------------------------------------------------

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

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

    The Exchange does not believe that the proposed rule change
implicates any competitive issues because the proposal would ensure the
continued, uninterrupted operation of a consistent mechanism to halt
trading across the U.S. markets while the Commission considers whether
to permanently approve the market-wide circuit breaker mechanism under
Rule 2. Further, the Exchange understands that FINRA and other national
securities exchanges will file proposals to extend their rules
regarding the market-wide circuit breaker pilot so that the market-wide
circuit breaker mechanism may continue uninterrupted while the
Commission considers whether to approve its operation on a permanent
basis.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-
4(f)(6) thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \11\ normally
does not become operative for 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\12\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative upon filing. Extending the pilot for an additional
six months will allow the uninterrupted operation of the existing pilot
to halt trading across the U.S. markets while the Commission considers
whether to approve the pilot on a permanent basis. The extension simply
maintains the status quo. Therefore, the Commission believes that
waiving the 30-day operative delay is consistent with the protection of
investors and the public interest. The Commission hereby designates the
proposed rule change to be operative upon filing.\13\
---------------------------------------------------------------------------

    \11\ Id.
    \12\ 17 CFR 240.19b-4(f)(g)(iii).
    \13\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

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-NYSECHX-2019-05 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-NYSECHX-2019-05. 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-
NYSECHX-2019-05, and should be submitted on or before May 6, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-07372 Filed 4-12-19; 8:45 am]
 BILLING CODE 8011-01-P