                                                                                SEQ CHAPTER \h \r 1

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C.  20460

OFFICE OF

PREVENTION, PESTICIDES

AND TOXIC SUBSTANCES

MEMORANDUM

DATE:  	19-NOV-2009

SUBJECT:	Boscalid.  Chronic Aggregate Dietary (Food and Drinking Water) Exposure and Risk Assessment for the Section 3 Registration on the Citrus Crop Group 10 and Alfalfa, and an Increase in the Tolerance on the Stone Fruit Crop Group 12.

PC Code:  128008	DP Barcode: 365262

Decision No.:  405556	Registration No.: 7969-197, 7969-198,                                                        7969-199

Petition No.:  9F7527, 9F7529	Regulatory Action: Section 3 Registration

Risk Assessment Type: Single Chemical/Aggregate	Case No.: NA

TXR No.: NA	CAS No.: 188425-85-6

MRID No.: NA	40 CFR: 180.589

REVIEWER:	Amelia M. Acierto, Chemist

Risk Assessment Branch 3 (RAB3)

Health Effects Division (HED) (7509P)

THROUGH:	Nancy Dodd, Chemist

Debra Rate, Biologist

Dietary Exposure Science Advisory Council (DESAC)

Health Effects Division (HED) (7509P)

and

		Paula Deschamp, Branch Chief

Risk Assessment Branch 3 (RAB3)

Health Effects Division (HED) (7509P)

TO:		Nancy Tsaur, Risk Assessor

		RAB3/HED (7509P)

Executive Summary

A chronic aggregate dietary (food and drinking water) exposure and risk assessment was conducted using the Dietary Exposure Evaluation Model (DEEM-FCID™, Version 2.03), which uses food consumption data from the U.S. Department of Agriculture’s Continuing Surveys of Food Intakes by Individuals (CSFII) from 1994-1996 and 1998.   This analysis was performed to support Section 3 requests on alfalfa and the citrus crop group 10, and to increase the tolerance on the stone fruit crop group 12.  Because alfalfa forage and hay are feed items, the potential increase in the dietary exposure of livestock to boscalid was taken into consideration in this assessment.

The last dietary risk assessment for boscalid was performed in 2008 for imported bananas (DP#357496, Douglas Dotson, 11/24/2008).  No changes were made in the current analyses except for the recommended tolerances for the citrus crop group 10, increased tolerances for the stone fruit crop group 12, and the recalculated dietary burdens for livestock based on a reasonably balanced livestock diet using the recommended or revised tolerances and using the revised OPPTS 860.1000 Table 1 Feedstuffs (rev. June 2008).(DP364447, A. M. Acierto, 10/16/2009).  All other information and parameters used in the previous dietary risk assessment on bananas were used in this assessment including the toxicological endpoint and estimated drinking water concentrations (EDWCs) for surface water sources provided by the Environmental Fate and Effects Division (EFED).

Acute Dietary (Food and Drinking Water) Exposure Results and Characterization

Since no observed effects could be attributed to a single dose, an acute endpoint was not established; therefore, an acute dietary exposure assessment was not conducted.

Chronic Dietary (Food and Drinking Water) Exposure Results and Characterization

The chronic dietary analysis was performed using tolerance level residues and 100% crop treated assumptions.  Dietary risk estimates were determined considering exposures from food plus drinking water.  Boscalid exposure from the existing uses, the proposed new uses on citrus and alfalfa, the recommended tolerance increase for stone fruits, and the established and recommenced tolerances on livestock results in estimated risks that are below the Agency’s level of concern  for food plus drinking water.  The highest exposure and risk estimates for food plus drinking water are 11% of the chronic population adjusted dose (cPAD) for the U.S. population and 37% for  children 1-2 years old,  the most highly exposed population subgroup.

Cancer Dietary (Food and Drinking Water) Exposure Results and Characterization

A cancer dietary assessment was not conducted since boscalid was classified by the Cancer Assessment Review Committee (CARC) as “suggestive evidence of carcinogenicity” and quantification of human cancer risk is not recommended.

I.	Introduction

Dietary risk assessment incorporates both exposure and toxicity of a given pesticide.  For acute and chronic assessments, the risk is expressed as a percentage of a maximum acceptable dose (i.e., the dose which HED has concluded will result in no unreasonable adverse health effects).  This dose is referred to as the population adjusted dose (PAD).  The PAD is equivalent to point of departure (POD, NOAEL, LOAEL, e.g.) divided by the required uncertainty or safety factors.  For acute and non-cancer chronic exposures, HED is concerned when estimated dietary risk exceeds 100% of the PAD.  References which discuss the acute and chronic risk assessments in more detail are available on the EPA/pesticides web site:  “Available Information on Assessing Exposure from Pesticides, A User’s Guide,” 6/21/2000, web link:      HYPERLINK "http://www.epa.gov/fedrgstr/EPA-PEST/2000/July/Day-12/6061.pdf"  http://www.epa.gov/fedrgstr/EPA-PEST/2000/July/Day-12/6061.pdf  ; or see SOP 99.6 (8/20/99).

The most recent dietary risk assessment for boscalid was conducted by Douglas Dotson (DP#357496, 11/24/2008).

II.	Residue Information

Boscolid Use:

BASF Corporation has proposed new uses on alfalfa and citrus and subsequent amendment of Section 3 registration of BAS 510F (EPA Reg. No. 7969-198), Endura® (EPA Reg. No. 7969-197 and Pristine® (EPA Reg. No. 7969199.  The petitioner has also proposed to increase the tolerance for the stone fruit crop group 12.

  SEQ CHAPTER \h \r 1 The nature of boscalid residues in primary crops and livestock is considered adequately understood, based on the acceptable metabolism studies on lettuce, grapes, beans, goats and hens.  For purposes of tolerances and dietary risk assessment, the HED, through its Metabolism Assessment Review Committee (MARC), has concluded that the residue of concern in plant commodities is boscalid, and the residues of concern in livestock commodities include boscalid, its 5-hydroxy metabolite (M510F01), and the glucuronic acid conjugate of the 5-hydroxy metabolite (M510F02).

Permanent tolerances have been established under 40 CFR §180.589(a)(1) for boscalid in plant commodities, ranging from 0.05 ppm in/on coffee, peanuts and tuberous and corm vegetables (subgroup 1C) to 60 ppm in/on leafy greens except head and leaf lettuce (subgroup 4A).  Separate tolerances have also been established for indirect or inadvertent residues of boscalid in rotational crops under 40 CFR §180.589(d) at levels ranging from 0.05 to 8.0 ppm.  Tolerances for livestock commodities have been established under 40 CFR §180.589 (a)(2) for the combined residues of boscalid and its metabolites 2-chloro-N-(4′-chloro-5-hydroxy-biphenyl-2-yl)nicotinamide and the glucuronic acid conjugate of the 5-hydroxy metabolite at levels ranging from 0.02 ppm in eggs to 0.35 ppm in meat byproducts of cattle, goats, horses, and sheep.

As alfalfa forage and hay are major livestock feedstuffs, dietary burdens for livestock were recalculated based on a reasonably balanced livestock diet using the recommended or revised tolerances and the revised OPPTS 860.1000 Table 1 Feedstuffs (rev. June 2008).  The dietary burdens for livestock were recalculated to be 10.8 ppm for beef cattle, 22.5 ppm for dairy cattle, 4.0 ppm for poultry and 5.3 ppm for swine.

Residue Data for Chronic Assessment:

The chronic dietary exposure and risk assessment is based on tolerance level residues for all commodities.  The data used in the 2008 dietary assessments were also used in this current analysis except for the addition of tolerances for the citrus fruit crop group 10, the increased tolerance for stone fruit crop group 12, and revised tolerances for hog fat, poultry fat, and poultry meat byproducts.  The recommended plant and livestock tolerances are attached (Attachment 1).

The only new processing data incorporated in the existing file is for the citrus crop group 10.  Data indicate that boscalid residues are reduced in juice (<0.2x); therefore, a separate tolerance is not required for citrus juice.  However, residues were shown to concentrate in both dried pulp (3.1x) and oil (59x).  Based on the processing factors for dried pulp and oil and the highest average field trial (HAFT) residues for citrus fruits (1.39 ppm), the maximum expected boscalid residues would be 4.31 ppm in dried pulp and 82 ppm in oil, which would support tolerances of 4.5 ppm for dried citrus pulp and 85 ppm for citrus oil.   A review of the processing studies for citrus group 10 can be found in the residue chemistry document (DP# 364447, A. Acierto, 10/16/2009).

The processing factors from earlier dietary assessments were derived as follows: For processed commodities where data were available to show no concentration (apple juice, prunes, rice bran, wheat flour, sunflower oil, mint oil, tomato puree, tomato juice, soybean oil and cottonseed oil), the processing factor was set to 1.  For processed commodities where the RAC tolerance is adequate to cover the very slight concentration seen in the processing study (wheat germ, wheat bran,  and tomato paste), the residue was set at the RAC level and the processing factor was reduced to 1.   For processed commodities with established tolerances (raisin, peanut oil), the processed commodity tolerance was used and the processing factor was set to 1.0.  For all other processed commodities for which data were not available, DEEM (version 7.81) processing factors were used (DP# 336633, D. Davis, 12/17/2007).

The complete residue values (food and drinking water) and processing factors are shown in the Chronic Residue Input File, Attachment 2.

 Drinking Water Data

No new drinking water estimates were requested for this current dietary risk assessment. The estimated drinking water concentrations (EDWCs) used in the 2008 dietary risk assessment were provided by the Environmental Fate and Effects Division (EFED) in the following memorandum: “Drinking Water Assessment for the IR-4 Petition for the Use of Boscalid on Tropical Fruits and Fresh Herbs, and a Proposed New Use on Cotton” (DP#’s 336183, 341459, C. Sutton, 8/8/2007).  Water residues were incorporated in the DEEM-FCID into the food categories “water, direct, all sources” and “water, indirect, all sources.”

The EDWCs for boscalid in surface water and groundwater were calculated using the screening model FIRST (FQPA Index Reservoir Screening Tool; v.1.10; dated 12/12/2005) and the regression model SCI-GROW (Screening Concentration in Ground Water, v.2.3; dated 7/29/2003), respectively.  The maximum Tier 1 estimated chronic groundwater EDWC is 0.63 ppb.  The maximum Tier 1 estimated chronic surface water EDWC is 29.6 ppb.  The surface water value is higher than the groundwater value and was therefore used in the assessment.  The EFED models and their descriptions are available at the EPA internet site:   HYPERLINK "http://www.epa.gov/oppefed1/models/water/"  http://www.epa.gov/oppefed1/models/water/ .

IV.	DEEM-FCID™ Program and Consumption Information

A boscalid chronic dietary exposure assessment was conducted using the Dietary Exposure Evaluation Model software with the Food Commodity Intake Database (DEEM-FCID™, Version 2.03), which incorporates consumption data from USDA’s Continuing Surveys of Food Intakes by Individuals (CSFII), 1994-1996 and 1998.  The 1994-96, 98 data are based on the reported consumption of more than 20,000 individuals over two non-consecutive survey days.  Foods “as consumed” (e.g., apple pie) are linked to EPA-defined food commodities (e.g. apples, peeled fruit - cooked; fresh or N/S; baked; or wheat flour - cooked; fresh or N/S, baked) using publicly available recipe translation files developed jointly by USDA/ARS and EPA.  For chronic exposure assessment, consumption data are averaged for the entire U.S. population and within population subgroups, but for acute exposure assessment are retained as individual consumption events.  Based on analysis of the 1994-96, 98 CSFII consumption data, which took into account dietary patterns and survey respondents, HED concluded that it is most appropriate to report risk for the following population subgroups: the general U.S. population, all infants (<1 year old), children 1-2, children 3-5, children 6-12, youth 13-19, adults 20-49, females 13-49, and adults 50+ years old.

For chronic dietary exposure assessment, an estimate of the residue level in each food or food-form (e.g., orange or orange juice) on the food commodity residue list is multiplied by the average daily consumption estimate for that food/food form to produce a residue intake estimate.  The resulting residue intake estimate for each food/food form is summed with the residue intake estimates for all other food/food forms on the commodity residue body weight/day and as a percent of the cPAD.  This procedure is performed for each population subgroup.

V.	Toxicological Information

No new studies have been received and no changes have been made since the last dietary risk assessment.  The Health Effects Division (HED) Hazard Identification Assessment Review Committee (HIARC) evaluated the toxicology database for boscalid and established the chronic reference dose on January 23, 2003.  The standard uncertainty factor of 100 to account for inter- and intra-species variability was applied to all risk assessments.  The FQPA safety factor for boscalid was reduced to 1 since the toxicity database is complete, there is no concern for neurotoxicity, there is no evidence of increased pre- or post-natal susceptibility, and exposure estimates are not expected to underestimate risk.

The risk assessment team confirmed endpoints that were previously selected.  The toxicological endpoints selected by HED/HIARC for dietary exposure are summarized in Table 1.

Table 1.  Summary of  Dose and Toxicological Endpoints for Boscalid for Use in Dietary Exposure Assessment.

Exposure/ Scenario	Point of Departure	Uncertainty/FQPA Safety Factors RfD/PAD	Study and Toxicological Effects

Acute Dietary

(All Populations)	No appropriate endpoint attributable to a single dose was available in the current database, including the developmental toxicity studies.  Therefore, an acute RfD was not recommended for the general U.S. population or any population subgroup.

Chronic Dietary

(All Populations)	 NOAEL = 21.8 mg/kg/day	UFA = 10x

UFH = 10x

FQPA SF = 1x 	Chronic RfD = 0.218 mg/kg./day

Chronic PAD = 0.218 mg/kg/day 	Chronic rat, carcinogenicity rat and 1-year dog studies LOAEL = ~58 mg,kg/day based on liver and thyroid effects

Cancer	Classified as “suggestive evidence of carcinogenicity.”  Quantification of human cancdr risk is not recommended.

Point of Departure (PoD) = A data point or an estimated point that is derived from observed dose-response data and used to mark the beginning of extrapolation to determine risk associated with lower environmentally relevant human exposures.  NOAEL = no observed adverse effect level.  LOAEL = lowest observed adverse effect level.  UF = uncertainty factor.  UFA = extrapolation from animal to human (intraspecies).  UFH = potential variation in sensitivity among members of the human population (interspecies).  FQPA SF = FQPA Safety Factor.  PAD = population adjusted dose (a = acute, c = chronic).  RfD = reference dose.

VI.	Results/Discussion

As stated above, for chronic assessments, HED is concerned when dietary risk exceeds 100% of the PAD.  The DEEM-FCID™ analyses estimate the dietary exposure of the U.S. population and various population subgroups.  The results reported in Table 4 are for the general U.S. Population, all infants (<1 year old), children 1-2, children 3-5, children 6-12, youth 13-19, females 13-49, adults 20-49, and adults 50+ years.  o

Results of Chronic Dietary (Food and Drinking Water) Exposure Analysis

The chronic dietary (food and drinking water) exposure analysis was a conservative assessment assuming that 100% of the crop was treated.  Based on the assumptions described above in section II and III, the chronic dietary exposure of  the general US population and all population subgroups are below the Agency’s level of concern (i.e., <100% of the cPAD of 0.218 mg/kg).  The chronic dietary (food and drinking water) exposure estimates are 11% of the cPAD for the general U.S. population and 37% of the cPAD for children 1-2 years old, the most highly exposed population subgroup.  The results of the dietary exposure and risk estimates are summarized below (Table 2).

Table 2.  Summary of Dietary (Food and Drinking Water) Exposure and Risk for Boscalid 1,2

Population Subgroup	Acute Dietary

	Chronic Dietary	Cancer

	Dietary Exposure (mg/kg/day)	% aPAD*	Dietary Exposure

(mg/kg/day)	% cPAD*	Dietary Exposure

(mg/kg/day)	Risk

General U.S. Population	N/A	N/A	0.024694	11

N/A

	N/A

All Infants (< 1 year old)

	0.052987	24

Children 1-2 years old

	0.081585	37

Children 3-5 years old

	0.057899	27

Children 6-12 years old

	0.030924	14

Youth 13-19 years old

	0.017901	8

Adults 20-49 years old

	0.018608	8

Adults 50+ years old

	0.020774	10

Females 13-49 years old

	0.019007	9

1The population subgroup with the highest estimated chronic dietary (food + drinking water)

exposure and risk is indicated by bold text.

2NA = not applicable

VII.	Characterization of Inputs/Outputs

The chronic dietary exposure analysis is conservative since it assumes that 100% of crops are treated with boscalid.  Dietary estimates could be refined through the use of percent crop treated data, as well as Tier II estimated drinking water concentrations.  However, since estimated exposures and risks using conservative assumptions are well below the Agency’s level of concern, such refinement is not necessary.

VIII.		Conclusions

Chronic dietary exposure analysis using DEEM-FCID™ indicates that chronic dietary exposure to the residues of boscalid from food and drinking water are well below HED’s level of concern.  The estimated chronic dietary exposure is 11% of the cPAD for the general U.S. population and 37% of the cPAD for children 1-2 years old, the most highly exposed population subgroup.

List of Attachments

Revised and Proposed Tolerances Included in this Assessment

Chronic Residue Input File

Chronic Dietary (Food and Drinking Water) Results File

       ATTACHMENT 1.  Revised and Recommended Tolerances Included in this Assessment

 	Tolerance Summary for Boscalid.

Commodity	Proposed  Tolerance (ppm	Existing Tolerance (ppm)	Recommended Tolerance (ppm)	Comments; Correct Commodity Definition

40 CFR 180.589(a)(1)

Alfalfa, forage	35	--	30	Adequate alfalfa forage and hay residue data are available.

Alfalfa, hay	85	--	65

	Citrus, dried pulp	None	--	4.5	An adequate orange processing study is available indicating that boscalid residues can concentrate in dried pulp (3.1x) and oil (59x)

Citrus, oil	None	--	85

	Fruit, citrus, group 10	2.0	--	1.6	Adequate orange, grapefruit, and lemon residue data are available.

Fruit, stone, group 12	5.0	1.7	3.5	An increase in the established tolerance is required based on adequate cherry, peach and plum residue data.

40 CFR 180.589(a)(2)

Cattle, fat	1.5	0.30	0.30	Based on the residue data from the 35.8 ppm dose group in the cattle feeding studies and the calculated dietary burden for dairy cattle (35.2 ppm), the existing tolerances are adequate.  Separate tolerances for liver and kidney are not necessary.

Cattle, kidney	1.0	--	None

	Cattle, liver	1.0	--	None

	Cattle, meat	0.2	0.10	0.10

	Cattle, meat byproducts	1.5	0.35	0.35

	Egg	0.02	0.02	0.02	The existing tolerance on eggs is adequate.

Goat, fat	1.5	0.30	0.30	See Cattle above.

Goat, kidney	1.0	--	None

	Goat, liver	1.0	--	None

	Goat, meat	0.2	0.10	0.10

	Goat, meat byproducts	1.5	0.35	0.35

	Hog, fat	0.2	0.10	0.20	Based on the residue data from the 5.9 ppm dose group in the cattle feeding studies and the calculated dietary burden for swine (5.30 ppm), the existing tolerances on hog meat and meat byproducts are adequate.  However, the tolerance for hog fat should be increased to 0.20 ppm.

Hog, meat	0.05	0.05	0.05

	Hog, meat byproducts	0.2	0.10	0.10

	Hog, kidney	0.2	--	None

	Hog, liver	0.2	--	None

	Horse, fat	1.5	0.30	0.30	See Cattle above.

Horse, kidney	1.0	--	None

	Horse, liver	1.0	--	None

	Horse, meat	0.2	0.10	0.10

	Horse, meat byproducts	1.5	0.35	0.35

	Milk	0.2	0.10	0.10	The existing tolerance for milk will adequately cover residues in both whole milk and milk fat

Milk, fat (cream)	1.5	--	None

	Poultry, liver	0.2	--	None	Based on the residue data from the 5.31 ppm dose group in the poultry feeding study and the calculated dietary burden for poultry (4.10 ppm), the existing tolerance for meat is adequate and the tolerances of fat and meat byproducts should be increased to 0.20 ppm.  A separate tolerance for liver is not necessary.

Poultry, fat	0.2	0.05	0.20

	Poultry, meat	0.05	0.05	0.05

	Poultry, meat byproducts	0.2	0.10	0.20

	Sheep, fat	1.5	0.30	0.30	See Cattle above.

Sheep, kidney	1.0	--	None

	Sheep, liver	1.0	--	None

	Sheep, meat	0.2	0.10	0.10

	Sheep, meat byproducts	1.5	0.35	0.35

ATTACHMENT 2.	  Chronic Residue Input File

U.S. Environmental Protection Agency                                 Ver. 2.00

DEEM-FCID Chronic analysis for BAS 510F                           1994-98 data

Residue file: C:\Documents and Settings\aacierto\Desktop\DEEM-FCID Files\deemfcid\Deemfcid\Boscalid2009.R98

                                                           Adjust. #2 NOT used

Analysis Date 11-17-2009             Residue file dated: 11-17-2009/16:05:49/8

Reference dose (RfD) = 0.218  (NOEL) = 21.8 mg/kg bw/day

Comment:Add citrus Crop Group 10, Increase tolerance for Crop Group 12

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

Food Crop                                       Residue       Adj.Factors      Comment

EPA Code  Grp  Food Name                          (ppm)     #1         #2

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

14000030 14   Almond                             0.700000   1.000      1.000

14000031 14   Almond-babyfood                    0.700000   1.000      1.000

14000040 14   Almond, oil                        0.700000   1.000      1.000

14000041 14   Almond, oil-babyfood               0.700000   1.000      1.000

04010050 4A   Amaranth, leafy                   60.000000   1.000      1.000

11000070 11   Apple, fruit with peel             3.000000   1.000      1.000

11000080 11   Apple, peeled fruit                3.000000   1.000      1.000

11000081 11   Apple, peeled fruit-babyfood       3.000000   1.000      1.000

11000090 11   Apple, dried                       3.000000   8.000      1.000

11000091 11   Apple, dried-babyfood              3.000000   8.000      1.000

11000100 11   Apple, juice                       3.000000   1.000      1.000

11000101 11   Apple, juice-babyfood              3.000000   1.000      1.000

11000110 11   Apple, sauce                       3.000000   1.000      1.000

11000111 11   Apple, sauce-babyfood              3.000000   1.000      1.000

12000120 12   Apricot                            3.500000   1.000      1.000

12000121 12   Apricot-babyfood                   3.500000   1.000      1.000

12000130 12   Apricot, dried                     3.500000   6.000      1.000

12000140 12   Apricot, juice                     3.500000   1.000      1.000

12000141 12   Apricot, juice-babyfood            3.500000   1.000      1.000

01030150 1CD  Arrowroot, flour                   0.050000   1.000      1.000

01030151 1CD  Arrowroot, flour-babyfood          0.050000   1.000      1.000

01030170 1CD  Artichoke, Jerusalem               0.050000   1.000      1.000

04010180 4A   Arugula                           60.000000   1.000      1.000

95000200 O    Avocado                            1.500000   1.000      1.000

09020210 9B   Balsam pear                        1.600000   1.000      1.000

95000230 O    Banana                             0.400000   1.000      1.000

95000231 O    Banana-babyfood                    0.400000   1.000      1.000

95000240 O    Banana, dried                      0.400000   3.900      1.000

95000241 O    Banana, dried-babyfood             0.400000   3.900      1.000

15000250 15   Barley, pearled barley             0.200000   1.000      1.000

15000251 15   Barley, pearled barley-babyfood    0.200000   1.000      1.000

15000260 15   Barley, flour                      0.200000   1.000      1.000

15000261 15   Barley, flour-babyfood             0.200000   1.000      1.000

15000270 15   Barley, bran                       0.200000   1.000      1.000

19010280 19A  Basil, fresh leaves               40.000000   1.000      1.000

19010281 19A  Basil, fresh leaves-babyfood      40.000000   1.000      1.000

19010290 19A  Basil, dried leaves              190.000000   1.000      1.000

19010291 19A  Basil, dried leaves-babyfood     190.000000   1.000      1.000

06030300 6C   Bean, black, seed                  2.500000   1.000      1.000

06020310 6B   Bean, broad, succulent             0.600000   1.000      1.000

06030320 6C   Bean, broad, seed                  2.500000   1.000      1.000

06030350 6C   Bean,  great northern, seed        2.500000   1.000      1.000

06030360 6C   Bean, kidney, seed                 2.500000   1.000      1.000

06020370 6B   Bean, lima, succulent              0.600000   1.000      1.000

06030380 6C   Bean, lima, seed                   2.500000   1.000      1.000

06030390 6C   Bean, mung, seed                   2.500000   1.000      1.000

06030400 6C   Bean, navy, seed                   2.500000   1.000      1.000

06030410 6C   Bean, pink, seed                   2.500000   1.000      1.000

06030420 6C   Bean, pinto, seed                  2.500000   1.000      1.000

06010430 6A   Bean, snap, succulent              1.600000   1.000      1.000

06010431 6A   Bean, snap, succulent-babyfood     1.600000   1.000      1.000

21000440 M    Beef, meat                         0.100000   1.000      1.000

21000441 M    Beef, meat-babyfood                0.100000   1.000      1.000

21000450 M    Beef, meat, dried                  0.100000   1.920      1.000

21000460 M    Beef, meat byproducts              0.350000   1.000      1.000

21000461 M    Beef, meat byproducts-babyfood     0.350000   1.000      1.000

21000470 M    Beef, fat                          0.300000   1.000      1.000

21000471 M    Beef,fat-babyfood                  0.300000   1.000      1.000

01010500 1AB  Beet, garden, roots                0.100000   1.000      1.000

01010501 1AB  Beet, garden, roots-babyfood       0.100000   1.000      1.000

02000510 2    Beet, garden, tops                 0.100000   1.000      1.000

01010520 1A   Beet, sugar                        0.100000   1.000      1.000

01010521 1A   Beet, sugar-babyfood               0.100000   1.000      1.000

01010530 1A   Beet, sugar, molasses              0.100000   1.000      1.000

01010531 1A   Beet, sugar, molasses-babyfood     0.100000   1.000      1.000

13010550 13A  Blackberry                         6.000000   1.000      1.000

13010560 13A  Blackberry, juice                  6.000000   1.000      1.000

13010561 13A  Blackberry, juice-babyfood         6.000000   1.000      1.000

13020570 13B  Blueberry                         10.000000   1.000      1.000

13020571 13B  Blueberry-babyfood                10.000000   1.000      1.000

13010580 13A  Boysenberry                        6.000000   1.000      1.000

14000590 14   Brazil nut                         0.700000   1.000      1.000

05010610 5A   Broccoli                           3.000000   1.000      1.000

05010611 5A   Broccoli-babyfood                  3.000000   1.000      1.000

05010620 5A   Broccoli, Chinese                  3.000000   1.000      1.000

05020630 5B   Broccoli raab                     18.000000   1.000      1.000

05010640 5A   Brussels sprouts                   3.000000   1.000      1.000

15000650 15   Buckwheat                          0.200000   1.000      1.000

15000660 15   Buckwheat, flour                   0.200000   1.000      1.000

01010670 1AB  Burdock                            1.000000   1.000      1.000

14000680 14   Butternut                          0.700000   1.000      1.000

05010690 5A   Cabbage                            3.000000   1.000      1.000

05020700 5B   Cabbage, Chinese, bok choy        18.000000   1.000      1.000

05010710 5A   Cabbage, Chinese, napa             3.000000   1.000      1.000

05010720 5A   Cabbage, Chinese, mustard          3.000000   1.000      1.000

95000740 O    Canistel                           1.500000   1.000      1.000

09010750 9A   Cantaloupe                         1.600000   1.000      1.000

04020760 4B   Cardoon                           45.000000   1.000      1.000

01010780 1AB  Carrot                             1.000000   1.000      1.000

01010781 1AB  Carrot-babyfood                    1.000000   1.000      1.000

01010790 1AB  Carrot, juice                      1.000000   1.000      1.000

09010800 9A   Casaba                             1.600000   1.000      1.000

14000810 14   Cashew                             0.700000   1.000      1.000

01030820 1CD  Cassava                            0.050000   1.000      1.000

01030821 1CD  Cassava-babyfood                   0.050000   1.000      1.000

05010830 5A   Cauliflower                        3.000000   1.000      1.000

01010840 1AB  Celeriac                           1.000000   1.000      1.000

04020850 4B   Celery                            45.000000   1.000      1.000

04020851 4B   Celery-babyfood                   45.000000   1.000      1.000

04020860 4B   Celery, juice                     45.000000   1.000      1.000

04020870 4B   Celtuce                           45.000000   1.000      1.000

09020880 9B   Chayote, fruit                     1.600000   1.000      1.000

12000900 12   Cherry                             3.500000   1.000      1.000

12000901 12   Cherry-babyfood                    3.500000   1.000      1.000

12000910 12   Cherry, juice                      3.500000   1.500      1.000

12000911 12   Cherry, juice-babyfood             3.500000   1.500      1.000

14000920 14   Chestnut                           0.700000   1.000      1.000

40000930 P    Chicken, meat                      0.050000   1.000      1.000

40000931 P    Chicken, meat-babyfood             0.050000   1.000      1.000

40000950 P    Chicken, meat byproducts           0.200000   1.000      1.000

40000951 P    Chicken, meat byproducts-babyfoo   0.200000   1.000      1.000

40000960 P    Chicken, fat                       0.200000   1.000      1.000

40000961 P    Chicken, fat-babyfood              0.200000   1.000      1.000

40000970 P    Chicken, skin                      0.200000   1.000      1.000

40000971 P    Chicken, skin-babyfood             0.200000   1.000      1.000

06030980 6C   Chickpea, seed                     2.500000   1.000      1.000

06030981 6C   Chickpea, seed-babyfood            2.500000   1.000      1.000

06030990 6C   Chickpea, flour                    2.500000   1.000      1.000

01011000 1AB  Chicory, roots                     1.000000   1.000      1.000

02001010 2    Chicory, tops                      0.100000   1.000      1.000

09021020 9B   Chinese waxgourd                   1.600000   1.000      1.000

19011030 19A  Chive                             40.000000   1.000      1.000

04011040 4A   Chrysanthemum, garland            60.000000   1.000      1.000

10001060 10   Citrus citron                      1.600000   1.000      1.000

10001070 10   Citrus hybrids                     1.600000   1.000      1.000

10001080 10   Citrus, oil                       85.000000   1.000      1.000

95001150 O    Coffee, roasted bean               0.050000   1.000      1.000

95001160 O    Coffee, instant                    0.050000   1.000      1.000

05021170 5B   Collards                          18.000000   1.000      1.000

19011180 19A  Coriander, leaves                 40.000000   1.000      1.000

19011181 19A  Coriander, leaves-babyfood        40.000000   1.000      1.000

15001200 15   Corn, field, flour                 0.200000   1.000      1.000

15001201 15   Corn, field, flour-babyfood        0.200000   1.000      1.000

15001210 15   Corn, field, meal                  0.200000   1.000      1.000

15001211 15   Corn, field, meal-babyfood         0.200000   1.000      1.000

15001220 15   Corn, field, bran                  0.200000   1.000      1.000

15001230 15   Corn, field, starch                0.200000   1.000      1.000

15001231 15   Corn, field, starch-babyfood       0.200000   1.000      1.000

15001240 15   Corn, field, syrup                 0.200000   1.500      1.000

15001241 15   Corn, field, syrup-babyfood        0.200000   1.500      1.000

15001250 15   Corn, field, oil                   0.200000   1.000      1.000

15001251 15   Corn, field, oil-babyfood          0.200000   1.000      1.000

95001280 O    Cottonseed, oil                    1.000000   1.000      1.000

95001281 O    Cottonseed, oil-babyfood           1.000000   1.000      1.000

11001290 11   Crabapple                          3.000000   1.000      1.000

04011330 4A   Cress, garden                     60.000000   1.000      1.000

04011340 4A   Cress, upland                     60.000000   1.000      1.000

09021350 9B   Cucumber                           0.500000   1.000      1.000

13021360 13B  Currant                           10.000000   1.000      1.000

13021370 13B  Currant, dried                    10.000000   1.000      1.000

04011380 4A   Dandelion, leaves                 60.000000   1.000      1.000

01031390 1CD  Dasheen, corm                      0.050000   1.000      1.000

02001400 2    Dasheen, leaves                    0.100000   1.000      1.000

13011420 13A  Dewberry                           6.000000   1.000      1.000

19021430 19B  Dill, seed                       140.000000   1.000      1.000

19011440 19A  Dillweed                          40.000000   1.000      1.000

70001450 P    Egg, whole                         0.020000   1.000      1.000

70001451 P    Egg, whole-babyfood                0.020000   1.000      1.000

70001460 P    Egg, white                         0.020000   1.000      1.000

70001461 P    Egg, white (solids)-babyfood       0.020000   1.000      1.000

70001470 P    Egg, yolk                          0.020000   1.000      1.000

70001471 P    Egg, yolk-babyfood                 0.020000   1.000      1.000

08001480 8    Eggplant                           1.200000   1.000      1.000

13021490 13B  Elderberry                        10.000000   1.000      1.000

04011500 4A   Endive                            60.000000   1.000      1.000

04021520 4B   Fennel, Florence                  45.000000   1.000      1.000

14001550 14   Filbert                            0.700000   1.000      1.000

14001560 14   Filbert, oil                       0.700000   1.000      1.000

20001630 20   Flaxseed, oil                      5.000000   1.000      1.000

03001640 3    Garlic                             3.000000   1.000      1.000

03001650 3    Garlic, dried                      3.000000   1.000      1.000

03001651 3    Garlic, dried-babyfood             3.000000   1.000      1.000

01031660 1CD  Ginger                             0.050000   1.000      1.000

01031661 1CD  Ginger-babyfood                    0.050000   1.000      1.000

01031670 1CD  Ginger, dried                      0.050000   1.000      1.000

01011680 1AB  Ginseng, dried                     1.000000   1.000      1.000

23001690 M    Goat, meat                         0.100000   1.000      1.000

23001700 M    Goat, meat byproducts              0.350000   1.000      1.000

23001710 M    Goat, fat                          0.300000   1.000      1.000

13021740 13B  Gooseberry                        10.000000   1.000      1.000

95001750 O    Grape                              3.500000   1.000      1.000

95001760 O    Grape, juice                       3.500000   1.200      1.000

95001761 O    Grape, juice-babyfood              3.500000   1.200      1.000

95001770 O    Grape, leaves                      3.500000   1.000      1.000

95001780 O    Grape, raisin                      8.500000   1.000      1.000

95001790 O    Grape, wine and sherry             3.500000   1.000      1.000

10001800 10   Grapefruit                         1.600000   1.000      1.000

10001810 10   Grapefruit, juice                  1.600000   2.100      1.000

06031820 6C   Guar, seed                         2.500000   1.000      1.000

06031821 6C   Guar, seed-babyfood                2.500000   1.000      1.000

19011840 19A  Herbs, other                      40.000000   1.000      1.000

19011841 19A  Herbs, other-babyfood             40.000000   1.000      1.000

14001850 14   Hickory nut                        0.700000   1.000      1.000

09011870 9A   Honeydew melon                     1.600000   1.000      1.000

95001880 O    Hop                               35.000000   1.000      1.000

24001890 M    Horse, meat                        0.100000   1.000      1.000

01011900 1AB  Horseradish                        1.000000   1.000      1.000

13021910 13B  Huckleberry                       10.000000   1.000      1.000

05021940 5B   Kale                              18.000000   1.000      1.000

05011960 5A   Kohlrabi                           3.000000   1.000      1.000

10001970 10   Kumquat                            1.600000   1.000      1.000

03001980 3    Leek                               3.000000   1.000      1.000

10001990 10   Lemon                              1.600000   1.000      1.000

10002000 10   Lemon, juice                       1.600000   2.000      1.000

10002001 10   Lemon, juice-babyfood              1.600000   2.000      1.000

10002010 10   Lemon, peel                        1.600000   1.000      1.000

19012020 19A  Lemongrass                        40.000000   1.000      1.000

06032030 6C   Lentil, seed                       2.500000   1.000      1.000

04012040 4A   Lettuce, head                      6.500000   1.000      1.000

04012050 4A   Lettuce, leaf                     11.000000   1.000      1.000

10002060 10   Lime                               1.600000   1.000      1.000

10002070 10   Lime, juice                        1.600000   2.000      1.000

10002071 10   Lime, juice-babyfood               1.600000   2.000      1.000

13012080 13A  Loganberry                         6.000000   1.000      1.000

11002100 11   Loquat                             3.000000   1.000      1.000

14002130 14   Macadamia nut                      0.700000   1.000      1.000

95002150 O    Mango                              1.500000   1.000      1.000

95002151 O    Mango-babyfood                     1.500000   1.000      1.000

95002160 O    Mango, dried                       1.500000   1.000      1.000

95002170 O    Mango, juice                       1.500000   1.000      1.000

95002171 O    Mango, juice-babyfood              1.500000   1.000      1.000

19012200 19A  Marjoram                          40.000000   1.000      1.000

19012201 19A  Marjoram-babyfood                 40.000000   1.000      1.000

27002220 D    Milk, fat                          0.100000   1.000      1.000

27002221 D    Milk, fat - baby food/infant for   0.100000   1.000      1.000

27012230 D    Milk, nonfat solids                0.100000   1.000      1.000

27012231 D    Milk, nonfat solids-baby food/in   0.100000   1.000      1.000

27022240 D    Milk, water                        0.100000   1.000      1.000

27022241 D    Milk, water-babyfood/infant form   0.100000   1.000      1.000

27032251 D    Milk, sugar (lactose)-baby food/   0.100000   1.000      1.000

15002260 15   Millet, grain                      0.200000   1.000      1.000

05022290 5B   Mustard greens                    18.000000   1.000      1.000

12002300 12   Nectarine                          3.500000   1.000      1.000

15002310 15   Oat, bran                          0.200000   1.000      1.000

15002320 15   Oat, flour                         0.200000   1.000      1.000

15002321 15   Oat, flour-babyfood                0.200000   1.000      1.000

15002330 15   Oat, groats/rolled oats            0.200000   1.000      1.000

15002331 15   Oat, groats/rolled oats-babyfood   0.200000   1.000      1.000

08002340 8    Okra                               1.200000   1.000      1.000

03002370 3    Onion, dry bulb                    3.000000   1.000      1.000

03002371 3    Onion, dry bulb-babyfood           3.000000   1.000      1.000

03002380 3    Onion, dry bulb, dried             3.000000   9.000      1.000

03002381 3    Onion, dry bulb, dried-babyfood    3.000000   9.000      1.000

03002390 3    Onion, green                       3.000000   1.000      1.000

10002400 10   Orange                             1.600000   1.000      1.000

10002410 10   Orange, juice                      1.600000   1.000      1.000

10002411 10   Orange, juice-babyfood             1.600000   1.000      1.000

10002420 10   Orange, peel                       1.600000   1.000      1.000

95002450 O    Papaya                             1.500000   1.000      1.000

95002451 O    Papaya-babyfood                    1.500000   1.000      1.000

95002460 O    Papaya, dried                      1.500000   1.800      1.000

95002470 O    Papaya, juice                      1.500000   1.500      1.000

04012480 4A   Parsley, leaves                   60.000000   1.000      1.000

19012490 19A  Parsley, dried leaves            190.000000   1.000      1.000

19012491 19A  Parsley, dried leaves-babyfood   190.000000   1.000      1.000

01012500 1AB  Parsley, turnip rooted             1.000000   1.000      1.000

01012510 1AB  Parsnip                            1.000000   1.000      1.000

01012511 1AB  Parsnip-babyfood                   1.000000   1.000      1.000

06022550 6B   Pea, succulent                     0.600000   1.000      1.000

06022551 6B   Pea, succulent-babyfood            0.600000   1.000      1.000

06032560 6C   Pea, dry                           2.500000   1.000      1.000

06032561 6C   Pea, dry-babyfood                  2.500000   1.000      1.000

06012570 6A   Pea, edible podded, succulent      1.600000   1.000      1.000

06032580 6C   Pea, pigeon, seed                  2.500000   1.000      1.000

06022590 6B   Pea, pigeon, succulent             0.600000   1.000      1.000

12002600 12   Peach                              3.500000   1.000      1.000

12002601 12   Peach-babyfood                     3.500000   1.000      1.000

12002610 12   Peach, dried                       3.500000   7.000      1.000

12002611 12   Peach, dried-babyfood              3.500000   7.000      1.000

12002620 12   Peach, juice                       3.500000   1.000      1.000

12002621 12   Peach, juice-babyfood              3.500000   1.000      1.000

95002630 O    Peanut                             0.050000   1.000      1.000

95002640 O    Peanut, butter                     0.050000   1.890      1.000

95002650 O    Peanut, oil                        0.150000   1.000      1.000

11002660 11   Pear                               3.000000   1.000      1.000

11002661 11   Pear-babyfood                      3.000000   1.000      1.000

11002670 11   Pear, dried                        3.000000   6.250      1.000

11002680 11   Pear, juice                        3.000000   1.000      1.000

11002681 11   Pear, juice-babyfood               3.000000   1.000      1.000

14002690 14   Pecan                              0.700000   1.000      1.000

08002700 8    Pepper, bell                       1.200000   1.000      1.000

08002701 8    Pepper, bell-babyfood              1.200000   1.000      1.000

08002710 8    Pepper, bell, dried                1.200000   1.000      1.000

08002711 8    Pepper, bell, dried-babyfood       1.200000   1.000      1.000

08002720 8    Pepper, nonbell                    1.200000   1.000      1.000

08002721 8    Pepper, nonbell-babyfood           1.200000   1.000      1.000

08002730 8    Pepper, nonbell, dried             1.200000   1.000      1.000

95002750 O    Peppermint                        30.000000   1.000      1.000

95002760 O    Peppermint, oil                   30.000000   1.000      1.000

14002820 14   Pistachio                          0.700000   1.000      1.000

95002830 O    Plantain                           0.400000   1.000      1.000

95002840 O    Plantain, dried                    0.400000   3.900      1.000

12002850 12   Plum                               3.500000   1.000      1.000

12002851 12   Plum-babyfood                      3.500000   1.000      1.000

12002860 12   Plum, prune, fresh                 3.500000   1.000      1.000

12002861 12   Plum, prune, fresh-babyfood        3.500000   1.000      1.000

12002870 12   Plum, prune, dried                 3.500000   5.000      1.000

12002871 12   Plum, prune, dried-babyfood        3.500000   5.000      1.000

12002880 12   Plum, prune, juice                 3.500000   1.400      1.000

12002881 12   Plum, prune, juice-babyfood        3.500000   1.400      1.000

25002900 M    Pork, meat                         0.050000   1.000      1.000

25002901 M    Pork, meat-babyfood                0.050000   1.000      1.000

25002910 M    Pork, skin                         0.100000   1.000      1.000

25002920 M    Pork, meat byproducts              0.100000   1.000      1.000

25002921 M    Pork, meat byproducts-babyfood     0.100000   1.000      1.000

25002930 M    Pork, fat                          0.200000   1.000      1.000

25002931 M    Pork, fat-babyfood                 0.200000   1.000      1.000

01032960 1C   Potato, chips                      0.050000   1.000      1.000

01032970 1C   Potato, dry (granules/ flakes)     0.050000   6.500      1.000

01032971 1C   Potato, dry (granules/ flakes)-b   0.050000   6.500      1.000

01032980 1C   Potato, flour                      0.050000   6.500      1.000

01032981 1C   Potato, flour-babyfood             0.050000   6.500      1.000

01032990 1C   Potato, tuber, w/peel              0.050000   1.000      1.000

01032991 1C   Potato, tuber, w/peel-babyfood     0.050000   1.000      1.000

01033000 1C   Potato, tuber, w/o peel            0.050000   1.000      1.000

01033001 1C   Potato, tuber, w/o peel-babyfood   0.050000   1.000      1.000

60003010 P    Poultry, other, meat               0.050000   0.050      1.000

60003030 P    Poultry, other, meat byproducts    0.200000   0.200      1.000

60003040 P    Poultry, other, fat                0.200000   1.000      1.000

60003050 P    Poultry, other, skin               0.200000   1.000      1.000

10003070 10   Pummelo                            1.600000   1.000      1.000

09023080 9B   Pumpkin                            1.600000   1.000      1.000

09023090 9B   Pumpkin, seed                      1.600000   1.000      1.000

11003100 11   Quince                             3.000000   1.000      1.000

04013130 4A   Radicchio                         60.000000   1.000      1.000

01013140 1AB  Radish, roots                      0.100000   1.000      1.000

02003150 2    Radish, tops                       0.100000   1.000      1.000

01013160 1AB  Radish, Oriental, roots            1.000000   1.000      1.000

02003170 2    Radish, Oriental, tops             0.100000   1.000      1.000

05023180 5B   Rape greens                       18.000000   1.000      1.000

20003190 20   Rapeseed, oil                      5.000000   1.000      1.000

20003191 20   Rapeseed, oil-babyfood             5.000000   1.000      1.000

13013200 13A  Raspberry                          6.000000   1.000      1.000

13013201 13A  Raspberry-babyfood                 6.000000   1.000      1.000

13013210 13A  Raspberry, juice                   6.000000   1.000      1.000

13013211 13A  Raspberry, juice-babyfood          6.000000   1.000      1.000

04023220 4B   Rhubarb                           45.000000   1.000      1.000

15003230 15   Rice, white                        0.200000   1.000      1.000

15003231 15   Rice, white-babyfood               0.200000   1.000      1.000

15003240 15   Rice, brown                        0.200000   1.000      1.000

15003241 15   Rice, brown-babyfood               0.200000   1.000      1.000

15003250 15   Rice, flour                        0.200000   1.000      1.000

15003251 15   Rice, flour-babyfood               0.200000   1.000      1.000

15003260 15   Rice, bran                         0.200000   1.000      1.000

15003261 15   Rice, bran-babyfood                0.200000   1.000      1.000

01013270 1AB  Rutabaga                           1.000000   1.000      1.000

15003280 15   Rye, grain                         0.200000   1.000      1.000

15003290 15   Rye, flour                         0.200000   1.000      1.000

01013310 1AB  Salsify, roots                     1.000000   1.000      1.000

02003320 2    Salsify, tops                      0.100000   1.000      1.000

95003330 O    Sapote, Mamey                      1.500000   1.000      1.000

19013340 19A  Savory                            40.000000   1.000      1.000

03003380 3    Shallot                            3.000000   1.000      1.000

26003390 M    Sheep, meat                        0.100000   1.000      1.000

26003391 M    Sheep, meat-babyfood               0.100000   1.000      1.000

26003400 M    Sheep, meat byproducts             0.350000   1.000      1.000

26003410 M    Sheep, fat                         0.300000   1.000      1.000

26003411 M    Sheep, fat-babyfood                0.300000   1.000      1.000

15003440 15   Sorghum, grain                     0.200000   1.000      1.000

15003450 15   Sorghum, syrup                     0.200000   1.000      1.000

06003470 6    Soybean, seed                      0.100000   1.000      1.000

06003480 6    Soybean, flour                     0.100000   1.000      1.000

06003481 6    Soybean, flour-babyfood            0.100000   1.000      1.000

06003490 6    Soybean, soy milk                  0.100000   1.000      1.000

06003491 6    Soybean, soy milk-babyfood or in   0.100000   1.000      1.000

06003500 6    Soybean, oil                       0.100000   1.000      1.000

06003501 6    Soybean, oil-babyfood              0.100000   1.000      1.000

95003520 O    Spearmint                         30.000000   1.000      1.000

95003530 O    Spearmint, oil                    30.000000   1.000      1.000

04013550 4A   Spinach                           60.000000   1.000      1.000

04013551 4A   Spinach-babyfood                  60.000000   1.000      1.000

09023560 9B   Squash, summer                     1.600000   1.000      1.000

09023561 9B   Squash, summer-babyfood            1.600000   1.000      1.000

09023570 9B   Squash, winter                     1.600000   1.000      1.000

09023571 9B   Squash, winter-babyfood            1.600000   1.000      1.000

95003590 O    Strawberry                         4.500000   1.000      1.000

95003591 O    Strawberry-babyfood                4.500000   1.000      1.000

95003600 O    Strawberry, juice                  4.500000   1.000      1.000

95003601 O    Strawberry, juice-babyfood         4.500000   1.000      1.000

20003640 20   Sunflower, seed                    0.600000   1.000      1.000

20003650 20   Sunflower, oil                     0.600000   1.000      1.000

20003651 20   Sunflower, oil-babyfood            0.600000   1.000      1.000

01033660 1CD  Sweet potato                       0.050000   1.000      1.000

01033661 1CD  Sweet potato-babyfood              0.050000   1.000      1.000

04023670 4B   Swiss chard                       45.000000   1.000      1.000

10003690 10   Tangerine                          1.600000   1.000      1.000

10003700 10   Tangerine, juice                   1.600000   2.300      1.000

01033710 1CD  Tanier, corm                       0.050000   1.000      1.000

08003740 8    Tomatillo                          1.200000   1.000      1.000

08003750 8    Tomato                             1.200000   1.000      1.000

08003751 8    Tomato-babyfood                    1.200000   1.000      1.000

08003760 8    Tomato, paste                      1.200000   1.000      1.000

08003761 8    Tomato, paste-babyfood             1.200000   1.000      1.000

08003770 8    Tomato, puree                      1.200000   1.000      1.000

08003771 8    Tomato, puree-babyfood             1.200000   1.000      1.000

08003780 8    Tomato, dried                      1.200000  14.300      1.000

08003781 8    Tomato, dried-babyfood             1.200000  14.300      1.000

08003790 8    Tomato, juice                      1.200000   1.000      1.000

15003810 15   Triticale, flour                   0.200000   1.000      1.000

15003811 15   Triticale, flour-babyfood          0.200000   1.000      1.000

50003820 P    Turkey, meat                       0.050000   1.000      1.000

50003821 P    Turkey, meat-babyfood              0.050000   1.000      1.000

50003840 P    Turkey, meat byproducts            0.200000   1.000      1.000

50003841 P    Turkey, meat byproducts-babyfood   0.200000   1.000      1.000

50003850 P    Turkey, fat                        0.200000   1.000      1.000

50003851 P    Turkey, fat-babyfood               0.200000   1.000      1.000

50003860 P    Turkey, skin                       0.200000   1.000      1.000

50003861 P    Turkey, skin-babyfood              0.200000   1.000      1.000

01033870 1CD  Turmeric                           0.050000   1.000      1.000

01013880 1AB  Turnip, roots                      0.100000   1.000      1.000

05023890 5B   Turnip, greens                    18.000000   1.000      1.000

14003910 14   Walnut                             0.700000   1.000      1.000

86010000 O    Water, direct, all sources         0.029600   1.000      1.000

86020000 O    Water, indirect, all sources       0.029600   1.000      1.000

09013990 9A   Watermelon                         1.600000   1.000      1.000

09014000 9A   Watermelon, juice                  1.600000   1.000      1.000

15004010 15   Wheat, grain                       0.200000   1.000      1.000

15004011 15   Wheat, grain-babyfood              0.200000   1.000      1.000

15004020 15   Wheat, flour                       0.200000   1.000      1.000

15004021 15   Wheat, flour-babyfood              0.200000   1.000      1.000

15004030 15   Wheat, germ                        0.200000   1.000      1.000

15004040 15   Wheat, bran                        0.200000   1.000      1.000

15004050 15   Wild rice                          0.200000   1.000      1.000

01034060 1CD  Yam, true                          0.050000   1.000      1.000

01034070 1CD  Yam bean                           0.050000   1.000      1.000

ATTACHMENT 3.  Chronic Dietary (Food and Drinking Water) Results File

U.S. Environmental Protection Agency                                 Ver. 2.00

DEEM-FCID Chronic analysis for BAS 510F                         (1994-98 data)

Residue file name: C:\Documents and Settings\aacierto\Desktop\DEEM-FCID Files\deemfcid\Deemfcid\Boscalid2009.R98

                                                 Adjustment factor #2 NOT used.

Analysis Date 11-17-2009/16:06:43     Residue file dated: 11-17-2009/16:05:49/8

Reference dose (RfD, Chronic) = .218 mg/kg bw/day

NOEL (Chronic) = 21.8 mg/kg bw/day

COMMENT 1: Add citrus Crop Group 10, Increase tolerance for Crop Group 12

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

                    Total exposure by population subgroup

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

                                                    Total Exposure

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

          Population                         mg/kg       Margin of   Percent

           Subgroup                       body wt/day   Exposure 1/  of RfD

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

U.S. Population (total)                     0.024694          883       11.3%

U.S. Population (spring season)             0.024946          874       11.4%

U.S. Population (summer season)             0.024362          895       11.2%

U.S. Population (autumn season)             0.024442          892       11.2%

U.S. Population (winter season)             0.025071          870       11.5%

Northeast region                            0.027336          797       12.5%

Midwest region                              0.023797          916       10.9%

Southern region                             0.021989          991       10.1%

Western region                              0.027578          790       12.7%

Hispanics                                   0.026340          828       12.1%

Non-hispanic whites                         0.023980          909       11.0%

Non-hispanic blacks                         0.024355          895       11.2%

Non-hisp/non-white/non-black                0.033445          652       15.3%

All infants (< 1 year)                      0.052987          411       24.3%

Nursing infants                             0.027296          799       12.5%

Non-nursing infants                         0.062740          347       28.8%

Children 1-6  yrs                           0.063100          345       28.9%

Children 7-12 yrs                           0.028974          752       13.3%

Females 13-19 (not preg or nursing)         0.017347        1,257        8.0%

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 or nursing)           0.020168        1,081        9.3%

Females 13-50 yrs                           0.020163        1,081        9.2%

Females 13+ (preg/not nursing)              0.019563        1,114        9.0%

Females 13+ (nursing)                       0.023901          912       11.0%

Males 13-19 yrs                             0.018382        1,186        8.4%

Males 20+ yrs                               0.018514        1,177        8.5%

Seniors 55+                                 0.020833        1,046        9.6%

Children 1-2 yrs                            0.081585          267       37.4%

Children 3-5 yrs                            0.057899          377       26.6%

Children 6-12 yrs                           0.030924          705       14.2%

Youth 13-19 yrs                             0.017901        1,218        8.2%

Adults 20-49 yrs                            0.018608        1,172        8.5%

Adults 50+ yrs                              0.020774        1,049        9.5%

Females 13-49 yrs                           0.019007        1,147        8.7%

Boscalid	Dietary Exposure and Risk Assessment	DP Number: 365262

PC Code:  128008

 PAGE

Page   PAGE  8  of   NUMPAGES  18


[Federal Register Volume 83, Number 99 (Tuesday, May 22, 2018)]
[Notices]
[Page 23701]
[FR Doc No: 2018-10870]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4361-DR; Docket ID FEMA-2018-0001]

Kentucky; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the Commonwealth of Kentucky (FEMA-4361-DR), dated April
26, 2018, and related determinations.

DATES: The declaration was issued April 26, 2018.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated April 26, 2018, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the
Commonwealth of Kentucky resulting from severe storms, tornadoes,
flooding, landslides, and mudslides during the period of February 21
to March 21, 2018, is of sufficient severity and magnitude to
warrant a major disaster declaration under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.
(the ``Stafford Act''). Therefore, I declare that such a major
disaster exists in the Commonwealth of Kentucky.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the Commonwealth.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Hazard Mitigation will be limited to 75 percent of the total
eligible costs. Federal funds provided under the Stafford Act for
Public Assistance also will be limited to 75 percent of the total
eligible costs, with the exception of projects that meet the
eligibility criteria for a higher Federal cost-sharing percentage
under the Public Assistance Alternative Procedures Pilot Program for
Debris Removal implemented pursuant to section 428 of the Stafford
Act.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Manny J. Toro, of FEMA is appointed
to act as the Federal Coordinating Officer for this major disaster.
    The following areas of the Commonwealth of Kentucky have been
designated as adversely affected by this major disaster:

    Boyd, Bullitt, Butler, Caldwell, Campbell, Carlisle, Carroll,
Carter, Crittenden, Fulton, Gallatin, Grant, Graves, Greenup,
Hancock, Hardin, Henderson, Henry, Hickman, Jefferson, Kenton,
Lawrence, Livingston, McCracken, McLean, Metcalfe, Ohio, Owen,
Spencer, Trigg, Trimble, Union, Washington, and Webster Counties for
Public Assistance.
    All areas within the Commonwealth of Kentucky are eligible for
assistance under the Hazard Mitigation Grant Program.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-10870 Filed 5-21-18; 8:45 am]
 BILLING CODE 9111-23-P


Technical Support Document (TSD) For

Emissions Inventories for the Richmond, Virginia

8 Hour Ozone Redesignation Request, Maintenance Plan, and,

State Implementation Plan (SIP) Base Year Inventory.

Submitted September 2006 by the Virginia

Department of Environmental Quality

TSD Prepared February 2007 by

Janet C. Kremer

Air Quality Analysis Branch, 3AP22

U.S. Environmental Protection Agency, Region 3

1650 Arch Street

Philadelphia, Pennsylvania 19103

					/s/

____________________________________________

Reviewed by Walter Wilkie, Chief

Air Quality Analysis Branch (3AP22)

2/28/07

_________________

Date Signed

I	Introduction

The purpose of this document is to provide a technical summary of the
Air Quality Analysis Branch’s (AQAB) review of the emissions
inventories submitted with the Richmond, Virginia 8 Hour Ozone
Redesignation Request, Maintenance Plan and State Implementation Plan
(SIP) Base Year Inventory by the Commonwealth of Virginia Department of
Environmental Quality (VaDEQ).  This review does not determine the
approvability of the Redesignation Request or Maintenance Plan; but it
does determine the approvability of the SIP Base Year Inventory.
Emissions inventories in a redesignation request are used to show
permanent and enforceable emission reductions between the year the area
was designated as a nonattainment area and the year the area came into
attainment.  In a maintenance plan, the emissions inventories are used
to reflect the emissions during the time the area came into attainment
and are then projected to show that the area will remain in attainment.
A SIP Base Year Inventory is the starting point from which other SIP
inventories are derived as well as serving as the benchmark for other
SIP planning activities, such as the establishment of an emissions
reduction credit program.  The Richmond area was designated as an 8 hour
ozone nonattainment area with a Subpart 2 classification.  Subpart 2
areas were required to submit SIP base year inventories to EPA as of
June 15, 2006.  It is for this reason that VaDEQ included this SIP base
year submission with the redesignation request and maintenance plan
package and has requested EPA’s approval.

Any questions pertaining to this technical summary should be directed to
Walter K. Wilkie, Chief, Air Quality Analysis Branch, at<PHONE_NUMBER> or
via email at   HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>.

II 	Emissions Inventories for Redesignation Request (Base Year
Inventory)

	In a redesignation request, emissions inventories are used to support
the States claim that the area has permanent and enforceable emissions
reductions.  In order to do this, the state should estimate the percent
reduction (from the year that was used to determine the design value for
designation and classification) achieved from federal and state control
measures; this is usually termed as the “base year” inventory. The
base year inventory contains VOC and NOx emissions for all source
categories, which includes point, area, onroad mobile, and nonroad
mobile for the ozone season.

In the Richmond redesignation request, the base year used was 2002.  The
Point Source data for 2002 is obtained from the VaDEQ’s Comprehensive
Environmental Data System (CEDS).  The CEDS is comprised of sources
permitted and/or registered with the VaDEQ.  The emissions for these
sources are updated annually by collecting year-specific emissions
and/or activity level information.  Data collected from the sources
involved is entered into the agency data system as annual air pollutant
emissions estimates.  These estimates are based on a number of
acceptable estimation methods including continuous emissions monitors
(CEM), source specific testing, emissions factors, and other methods.
The annual estimates are converted into typical summer weekday emissions
using standard internal calculation routines in the CEDS system.  For
its redesignation request, VaDEQ provided its 2002 actual summer weekday
emissions for NOx, VOC, and CO at the facility level and by Source
Identification Codes (SICs).

For the 2002 Nonpoint Source emissions, also known as “area
sources”, VaDEQ provided emissions estimates for each source category
at the county level.  For each source category Virginia DEQ obtained
activity data, and then applied appropriate emission factors, fuel
loading factors, and other factors and adjustments as necessary.

The Nonroad Mobile Source 2002 inventory was prepared with EPA’s
NONROAD2005 model.  NONROAD estimates fuel consumption and emissions of
total hydrocarbons, carbon monoxide, nitrogen oxides, sulfur dioxide,
and particulate matter for all nonroad mobile source categories except
for aircraft, locomotives, and commercial marine vessels (CMV).  VaDEQ
provided a list of the inputs used in their Nonroad model runs.  VaDEQ
provided emission estimates for locomotive engines and aircraft
emissions separately.  Locomotive engine emissions are based on the
amount of fuel consumed in an inventory area and an emission factor for
the pollutant being inventoried.  For aircraft emissions, VaDEQ obtained
2002 activity data for Virginia airports from the Virginia Department of
Aviation, the Federal Aviation Administration and in some cases, from
certain individual airports. The number of Landing/Takeoff cycles was
multiplied by a per/LTO emission factors.  Nonroad mobile source
emissions were provided for a typical summer weekday by SCC and
classification.

The Onroad Mobile Source 2002 emissions inventory was developed using
the most current version of EPA’s highway mobile source emissions
model MOBILE 6.2.  Up to date inputs for the model were used including
the following: The Virginia Department of Motor Vehicles (DMV) provided
statewide registration data and the Virginia Department of
Transportation (VDOT) provided VaDEQ with jurisdictional, road-specific,
average summer weekday VMT and speed data.  VaDEQ provided Mobile6.2
input and output files for review with the redesignation request.
Mobile emissions values were given in units of tons per summer day.

AQAB staff reviewed the files and the emission results provided by VaDEQ
and found them to be reasonable for use in this redesignation request.

III.	Emissions Inventories for Maintenance Plan

2005 Attainment Year Inventory and Maintenance Plan Base Year Inventory

As stated earlier, emissions inventories are used to show emission
reductions for the area between the year of designation to nonattainment
and the year of attainment.  The inventory used for the year of
attainment is called the Attainment Year Inventory and also is referred
to as the Maintenance Plan Base Year Inventory.  This inventory is used
as the basis for the projected inventories that are used to show the
area will remain in attainment.  This section will discuss the 2005
Attainment Year Inventory that was used in the Richmond Redesignation
Request and Maintenance Plan submitted by VaDEQ.

Since an actual 2005 emissions inventory for point sources had not been
completed at the time VaDEQ compiled the data for this request, the 2005
inventory was compiled using the following procedure.  Where available,
NOx emission values based on CEM data were used.  For all other
pollutants, the actual 2002 emissions inventory was used as a starting
point and then projected to 2005 using the latest versions of EPA’s
Economic Growth Analysis System (EGAS 5.0).  The model produces facility
or process (SCC) level emissions growth factors based on national and
regional economic models.  The 2005 growth factors derived from EGAS
were then applied to the 2002 emissions to come up with 2005 emissions.
VaDEQ provided the 2005 point source inventory by SCC for a typical
summer day.

For the 2005 Nonpoint Source emissions, VaDEQ provided a projected
inventory based on the 2002 inventory.  Growth factors were developed
using EGAS 5.0 and applied to the 2002 Area Source inventory.  The
emissions were by SCC and the units were in tons per summer day.

For the 2005 NonRoad Mobile Source emissions, VaDEQ provided an
inventory that was developed using EPA’s NONROAD2005 model.    The
NONROAD model estimates fuel consumption and emissions of total
hydrocarbons, carbon monoxide, nitrogen oxides, sulfur dioxide, and
particulate matter for all nonroad mobile source categories except for
aircraft, locomotives, and commercial marine vessels (CMV).  VaDEQ
provided a list of the inputs used in their Nonroad model runs. All
nonroad mobile emissions were calculated for a typical summer weekday.
For those categories not estimated in the NONROAD model, a different
approach was used.  The 2002 base year inventory was used to forcast the
2005 current attainment year emissions inventory using growth factors
generated by EGAS 5.0.  The growth factors generated are applied to the
2002 emissions inventory to develop 2005 emissions.  These emissions
were provided in units of tons per typical summer day.

The Onroad Mobile Source 2005 emissions inventory was developed using
the most current version of EPA’s highway mobile source emissions
model MOBILE 6.2.  Up to date inputs for the model were used including
the following: The Virginia Department of Motor Vehicles (DMV) provided
statewide registration data for 2005 and the Virginia Department of
Transportation (VDOT) provided VaDEQ with jurisdictional, road-specific,
average summer weekday VMT and speed data for 2005.  VaDEQ provided
Mobile6.2 input and output files for review with the redesignation
request.  Mobile emissions values were given in units of tons per summer
day.

AQAB staff reviewed the files and the emission results provided by VaDEQ
and found them to be reasonable for use in this redesignation request.

2011 and 2018 Projection Emission Inventories

Projection inventories are used to show that the area will remain in
attainment.  Projection inventories for the years 2011 and 2018 were
used for the Richmond Maintenance Plan.  Inventories were developed for
all emission sources for both years.

Point source inventories for 2011 and 2018 were developed using EPA’s
EGAS 5.0 model.  Specific SCC level growth factors for the years 2011
and 2018 were derived with 2002 as the base year and then applied to the
2002 emissions inventory.  Growth factors were also developed with 2005
as the base year applicable to cases for which NOx emissions are
available for the year 2005.  VaDEQ provided emissions at SCC level in
units of tons per typical summer day.

For the 2011 and 2018 Nonpoint Source emissions, VaDEQ provided a
projected inventory based on the 2002 inventory.  Growth factors were
developed using EGAS 5.0 and applied to the 2002 Area Source inventory.
The emissions were by SCC and the units were in tons per summer day.

For the 2011 and 2018 NonRoad Mobile Source emissions, VaDEQ provided an
inventory that was developed using EPA’s NONROAD2005 model.    The
NONROAD model estimates fuel consumption and emissions of total
hydrocarbons, carbon monoxide, nitrogen oxides, sulfur dioxide, and
particulate matter for all nonroad mobile source categories except for
aircraft, locomotives, and commercial marine vessels (CMV).  VaDEQ
provided a list of the inputs used in their Nonroad model runs. All
nonroad mobile emissions were calculated for a typical summer weekday.
For those categories not estimated in the NONROAD model, a different
approach was used.  The 2002 base year inventory was used to forcast the
2011 and 2018 emissions inventories using growth factors generated by
EGAS 5.0.  The growth factors generated are applied to the 2002
emissions inventory to develop 2011 and 2018 emissions.  These emissions
were provided in units of tons per typical summer day.

The Onroad Mobile Source 2011 and 2018 emissions inventories were
developed using the most current version of EPA’s highway mobile
source emissions model MOBILE 6.2.  Up to date inputs for the model were
used including the following:  2005 input parameters such as VMT,
speeds, and registration data were used to develop the 2011 and 2018
future year inventories.  VMT was grown for future year projections by
multiplying the 2005 attainment year VMT by the respective growth rate
compounded annually for each road type.  Mobile emissions values were
given in units of tons per summer day.

AQAB staff reviewed the files and the emission results provided by VaDEQ
and found them to be reasonable for use in this redesignation request.

IV.	2002 SIP Base Year Inventory

	The base year inventory is the primary inventory from which other
inventories (3-year cycle inventories, reasonable further progress
inventories, modeling inventories) are derived.  The Clean Air Act calls
for State, local, and Tribal agencies to ensure that the base year
inventory is comprehensive, accurate, and current for all actual
emissions.  The base year inventory includes emissions estimates from
stationary point and nonpoint sources, onroad mobile sources, and
nonroad mobile sources.  For the 8-hour ozone NAAQS, the pollutants to
be inventoried are VOC, NOx and CO (carbon monoxide).  For the 8-hour
ozone NAAQS, VOC, NOx and CO emissions should be reported as actual
annual and actual summer weekday emissions (defined as an average
day’s emissions for a typical summer day during the ozone season).
VADEQ’s base year inventory is for 2002.  A significant amount of
documentation is required for these SIP base year estimates which VaDEQ
has provided.

In the case of the Richmond area, it was designated as an 8 hour ozone
nonattainment area with a Subpart 2 classification.  Subpart 2 areas
were required to submit SIP base year inventories to EPA as of June 15,
2006.  VaDEQ’s redesignation request and maintenance plan was
submitted to EPA after the June 15, 2006 deadline for the Subpart 2 SIP
base year inventory submittal.  It is for this reason that VaDEQ
included this SIP base year submission with its redesignation request
and maintenance plan package and has requested EPA’s approval.

	VaDEQ’s methodologies concerning the generation of point, nonpoint,
onroad mobile and nonroad mobile emissions for the SIP base year are the
same as for the 2002 base year redesignation request.  However, EPA
guidance required, in addition to the NOx and VOC summer day emissions,
annual emissions for NOx and VOCs.  Further, the EPA guidance required
annual and summer day estimates for CO.

	VaDEQ also applied rule effectiveness (RE) for its 2002 8-hour ozone
SIP base year inventories.  Rule effectiveness reflects the actual
ability of a regulatory program to achieve the emission reductions
required by regulation (or perhaps voluntarily adopted).  VaDEQ’s
approach to RE for point sources in the collection of emissions
inventory data is to collect and utilize facility specific data to make
RE determinations.  In cases where sources have submitted one or more
deviation and/or malfunction reports, the RE of 80% is applied.  RE are
contained in source specific estimates of “actual” emissions and
certification process described in VaDEQs documentation.

AQAB staff reviewed the results, procedures, and methodologies for the
SIP base year, and found them to be approvable.  The following table
summarizes VaDEQ’s 2002 SIP Base Year.

Richmond, 2002 SIP Base Year

 	VOC Emissions	NOx Emissions	CO Emissions

Source Type	Tons/yr	Tons/day	Tons/yr	Tons/day	Tons/year	Tons/day

Point Sources	8188	28	34664	121	6405	23

Nonpoint Sources	19538	51	7460	20	19402	20

Onroad Mobile Sources	18070	50	26777	74	263136	638

Nonroad Mobile Sources	6631	24	8415	25	78532	272

TOTAL Emissions	52427	159	77316	240	367475	967

 “Emissions Inventory Guidance for Implementation of Ozone and
Particulate Matter National Ambient Air Quality Standards (NAAQS) and
Regional Haze Regulations” EPA-454/R-05-001, August 2005


[Federal Register Volume 88, Number 180 (Tuesday, September 19, 2023)]
[Notices]
[Pages 64480-64482]
[FR Doc No: 2023-20168]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98376; File No. CboeBZX-2023-065]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Its Fee Schedule

September 13, 2023.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on September 1, 2023, Cboe BZX Exchange, Inc. (the ``Exchange''
or ``BZX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by 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\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    Cboe BZX Exchange, Inc. (the ``Exchange'' or ``BZX'') proposes to
amend its Fee Schedule. The text of the proposed rule change is
provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/bzx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its Fee Schedule, effective
September 1, 2023.
    The Exchange first notes that it operates in a highly competitive
market in which market participants can readily direct order flow to
competing venues if they deem fee levels at a particular venue to be
excessive or incentives to be insufficient. More specifically, the
Exchange is only one of 16 options venues to which market participants
may direct their order flow. Based on publicly available information,
no single options exchange has more than 17% of the market share and
currently the Exchange represents only approximately 5% of the market
share.\3\ Thus, in such a low-concentrated and highly competitive
market, no single options exchange, including the Exchange, possesses
significant pricing power in the execution of option order flow. The
Exchange believes that the ever-shifting market share among the
exchanges from month to month demonstrates that market participants can
shift order flow or discontinue to reduce use of certain categories of
products, in response to fee changes. Accordingly, competitive forces
constrain the Exchange's transaction fees, and market participants can
readily trade on competing venues if they deem pricing levels at those
other venues to be more favorable.
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    \3\ See Cboe Global Markets U.S. Options Market Monthly Volume
Summary (August 28, 2023), available at https://markets.cboe.com/us/options/market_statistics/.
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    The Exchange's Fee Schedule sets forth standard rebates and rates
applied per contract. For example, the Exchange provides a rebate of
$0.25 per contract for Customer orders that add liquidity in Penny
Securities, yielding fee code PY. The Fee Codes and Associated Fees
section of the Fees Schedule also provides for certain fee codes
associated with certain order types and market participants that
provide for various other fees or rebates.
    Currently, Customer orders in Penny Securities, excluding SPY, that
remove liquidity are assessed a standard transaction fee of $0.48 per
contract and yield fee code ``PC''. Customer SPY orders that remove
liquidity are assessed a standard transaction fee of $0.45 per contract
and yield fee code ``PR''.
    Currently, IWM Customer orders that remove liquidity yield fee code
PC and are assessed $0.48 per contract. The Exchange proposes to reduce
the fee assessed for IWM orders that remove liquidity to $0.45 per
contract. The Exchange therefore proposes to amend current fee code PR
to include Customer IWM orders that remove liquidity. The standard
transaction fee assessed for orders that yield fee code PR remains the
same under the proposed rule change (i.e., $0.45 per contract).
    The Exchange also proposes to amend the definition of fee code PC
to clarify that such fee code (and corresponding transaction fee)
applies to all customer orders in Penny securities that remove
liquidity, except Customer orders in SPY and IWM.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of section 6(b) of the Act.\4\ Specifically, the
Exchange believes the proposed rule change is consistent with the
section 6(b)(5) \5\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
section 6(b)(5) \6\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between

customers, issuers, brokers, or dealers. The Exchange also believes the
proposed rule change is consistent with section 6(b)(4) of the Act,\7\
which requires that Exchange rules provide for the equitable allocation
of reasonable dues, fees, and other charges among its Members and other
persons using its facilities.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
    \6\ Id.
    \7\ 15 U.S.C. 78f(b)(4).
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    As described above, the Exchange operates in a highly competitive
market in which market participants can readily direct order flow to
competing venues if they deem fee levels at a particular venue to be
excessive or incentives to be insufficient. The proposed rule change
reflects a competitive pricing structure designed to incentivize market
participants to direct their order flow to the Exchange, which the
Exchange believes would enhance market quality to the benefit of all
market participants. The Exchange is only one of several options venues
to which market participants may direct their order flow, and it
represents a small percentage of the overall market.
    Additionally, the Exchange believes that the proposed amendment to
reduce the transaction fee for Customer IWM orders that remove
liquidity (and therefore apply fee code PR to include such orders) is
consistent with section 6(b)(4) of the Act in that the proposed fee is
reasonable, equitable, and not unfairly discriminatory. The Exchange
believes the proposed change is reasonable as Members will pay lower
fees for liquidity removing IWM Customer orders. The Exchange believes
its proposed change is also reasonable as the proposed rate continues
to be competitive and in line with IWM-specific pricing at other
exchanges.\8\ The Exchange believes the proposed amendment will also
encourage market participants to increase retail IWM order flow to the
Exchange, which benefits all market participants by providing
additional trading opportunities. This, in turn, attracts increased
large-order flow from liquidity providers which facilitates tighter
spreads and potentially triggers a corresponding increase in order flow
originating from other market participants. The Exchange believes that
the proposed rule change is equitable and not unfairly discriminatory
as the proposed change will apply uniformly to all Customer IWM orders
that remove liquidity.
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    \8\ See e.g., MIAX Pearl Fee Schedule, Section 1 Transaction
Rebates/Fees, which provides for fees ranging between $0.45 and
$0.48 per contract for priority customer IWM orders that remove
liquidity.
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    The Exchange also believes it is reasonable, equitable and not
unfairly discriminatory to adopt IWM-specific pricing as the Exchange
already maintains product-specific pricing for other products, such as
SPY. Additionally, as noted above, other exchanges similarly provide
for IWM-specific pricing.\9\ The Exchange also believes that it is
equitable and not unfairly discriminatory to assess a lower fee for
Customer IWM orders as compared to other market participants because
customer order flow enhances liquidity on the Exchange for the benefit
of all market participants. Specifically, customer liquidity benefits
all market participants by providing more trading opportunities, which
attracts Market-Makers. An increase in the activity of these market
participants in turn facilitates tighter spreads, which may cause an
additional corresponding increase in order flow from other market
participants. Moreover, the options industry has a long history of
providing preferential pricing to customers, and the Exchange's current
Fee Schedule currently does so in many places, as do the fees
structures of multiple other exchanges.\10\
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    \9\ Id.
    \10\ See BZX Options Fee Schedule, Fee Codes and Associated
Fees; see also Cboe C2 Options Exchange Fees Schedule, Transaction
Fees.
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    Finally, the Exchange believes the change to the description of fee
code PC is reasonable as such fee code does not currently apply to SPY
Customer orders that remove liquidity, and as proposed will no longer
apply to IWM Customer orders that remove liquidity. The Exchange
believes explicitly referencing that SPY and IWM are excluded from fee
code PC in the fee code description will reduce potential confusion and
maintain clarity in the Fees Schedule.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. In particular, the Exchange
believes the proposed rule change does not impose any burden on
intramarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The proposed change to reduce
the transaction fee for Customer IWM orders that remove liquidity will
apply to all Members. As discussed above, the Exchange believes the
proposed change to reduce the transaction fee would attract additional
IWM Customer orders that remove liquidity, thereby promoting market
depth, price discovery and transparency and enhancing order execution
opportunities for all Members. As a result, the Exchange believes that
the proposed change furthers the Securities and Exchange Commission's
(the ``Commission's'') goal in adopting Regulation NMS of fostering
competition among orders, which promotes ``more efficient pricing of
individual stocks for all types of orders, large and small.''
    The Exchange also believes the proposed rule change does not impose
any burden on intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act. As previously
discussed, the Exchange operates in a highly competitive market.
Members have numerous alternative venues they may participate on and
direct their order flow, including 15 other options exchanges.
Additionally, the Exchange represents a small percentage of the overall
market. Based on publicly available information, no single options
exchange has more than 17% of the market share. Therefore, no exchange
possesses significant pricing power in the execution of order flow.
Indeed, participants can readily choose to send their orders to other
exchanges if they deem fee levels at those other venues to be more
favorable. Moreover, the Commission has repeatedly expressed its
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. Specifically,
in Regulation NMS, the Commission highlighted the importance of market
forces in determining prices and SRO revenues and, also, recognized
that current regulation of the market system ``has been remarkably
successful in promoting market competition in its broader forms that
are most important to investors and listed companies.'' The fact that
this market is competitive has also long been recognized by the courts.
In NetCoalition v. Securities and Exchange Commission, the D.C. Circuit
stated as follows: ``[n]o one disputes that competition for order flow
is `fierce.' . . . As the SEC explained, `[i]n the U.S. national market
system, buyers and sellers of securities, and the broker-dealers that
act as their order-routing agents, have a wide range of choices of
where to route orders for execution'; [and] `no exchange can afford to
take its market share percentages for granted' because `no exchange
possesses a monopoly, regulatory or otherwise, in the execution of
order flow from broker dealers'. . .''. Accordingly, the Exchange does
not believe its proposed fee change imposes any burden on competition
that is not necessary or

appropriate in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    The foregoing rule change has become effective pursuant to section
19(b)(3)(A) of the Act \11\ and paragraph (f) of Rule 19b-4 \12\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-CboeBZX-2023-065 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-CboeBZX-2023-065. 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 (https://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
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-CboeBZX-2023-065 and should
be submitted on or before October 10, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-20168 Filed 9-18-23; 8:45 am]
BILLING CODE 8011-01-P