269 Federal Register / Vol. 68, No. 2 / Friday, January 3, 2003 / Rules and Regulations 18 CFR Part 385 Administrative practice and procedure, Electric power, Penalties, Pipelines, Reporting and recordkeeping requirements.

By the Commission. Linwood A. Watson, Jr., Deputy Secretary.

In consideration of the foregoing, the Commission amends parts 260, 357 and 385, Chapter I, Title 18, of the Code of Federal Regulations, as follows:

PART 260   STATEMENTS AND REPORTS ( SCHEDULES)

1. The authority citation for part 260 continues to read as follows:

Authority: 15 U. S. C. 717   717w, 3301   3432; 42 U. S. C. 7101   7352.

2. In § 260.1, paragraph ( b) is revised to read as follows:

§ 260.1 FERC Form No. 2, Annual report for Major natural gas companies * * * * * ( b) Filing requirements. Each natural gas company, as defined in the Natural Gas Act ( 15 U. S. C. 717, et seq.) which is a major company ( a natural gas company whose combined gas transported or stored for a fee exceeded 50 million Dth in each of the three previous calendar years) must prepare and file with the Commission, on or before April 30 following the close of each calendar year, FERC Form No. 2. Newly established entities must use projected data to determine whether FERC Form No. 2 must be filed. The form must be filed in electronic format only, as indicated in the general instructions set out in that form. The format for the electronic filing can be obtained at the Federal Energy Regulatory Commission, Division of Information Services, Public Reference and Files Maintenance Branch, Washington, DC 20426. One copy of the report must be retained by the respondent in its files. 3. In § 260.2, paragraph ( b) is revised to read as follows:

§ 260.2 FERC Form No. 2   A, Annual report for Nonmajor natural gas companies * * * * * ( b) Filing requirements. Each natural gas company, as defined by the Natural Gas Act, not meeting the filing threshold for FERC Form No. 2, but having total gas sales or volume transactions exceeding 200,000 Dth in each of the three previous calendar years, must prepare and file with the Commission, on or before March 31 following the close of each calendar year, FERC Form No. 2   A. Newly established entities must use projected data to determine whether FERC Form No. 2   A must be filed. The form must be filed in electronic format only, as indicated in the general instructions set out in that form. The format for the electronic filing can be obtained at the Federal Energy Regulatory Commission, Division of Information Services, Public Reference and Files Maintenance Branch, Washington, DC 20426. One copy of the report must be retained by the respondent in its files.

PART 357   ANNUAL SPECIAL OR PERIODIC REPORTS: CARRIERS SUBJECT TO PART I OF THE INTERSTATE COMMERCE ACT 4. The authority citation for part 357 continues to read as follows:

Authority: 42 U. S. C. 7101   7352, 49 U. S. C. 60502, 49 App. U. S. C. 1   85 ( 1988).

5. In § 357.2, paragraph ( c)( 3) is revised to read as follows:

§ 357.2 FERC Form No. 6, Annual Report of Oil Pipeline Companies * * * * * ( c) What to submit. * * * ( 3) The form must be filed in electronic format only pursuant to § 385.2011 of this chapter, beginning with report year 2002, due on or before March 31, 2003.

PART 385   RULES OF PRACTICE AND PROCEDURE 6. The authority citation for part 385 continues to read as follows:

Authority: 5 U. S. C. 551   557; 15 U. S. C. 717   717z, 3301   3432; 16 U. S. C 791a   825r, 2601   2645; 31 U. S. C. 9701; 42 U. S. C. 7101   7352; 49 U. S. C. 60502; 49 App. U. S. C. 1   85 ( 1988).

7. In § 385.2011, paragraph ( c)( 3) is revised to read as follows:

§ 385.2011 Procedures for filing on electronic media ( Rule 2011).

* * * * * ( c) What to file.* * * ( 3) With the exception of the Form Nos. 1, 2, 2   A and 6, the electronic media must be accompanied by the traditional prescribed number of paper copies. * * * * * [ FR Doc. 03   153 Filed 1   2   03; 8: 45 am]

BILLING CODE 6717   01   P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [ OPP   2002   0303; FRL   7282   4]

Mesotrione; Pesticide Tolerance AGENCY: Environmental Protection Agency ( EPA). ACTION: Final rule.

SUMMARY: This regulation establishes a tolerance for residues of mesotrione in or on corn, pop, grain and corn, pop, stover. Interregional Research Project Number 4 ( IR 4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act ( FFDCA), as amended by the Food Quality Protection Act of 1996 ( FQPA). DATES: This regulation is effective January 3, 2003. Objections and requests for hearings, identified by docket ID number OPP   2002   0303, must be received on or before March 4, 2003. ADDRESSES: Written objections and hearing requests may be submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions as provided in Unit VI. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Shaja R. Brothers, Registration Division ( 7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 703) 308   3194; e mail address: brothers. shaja@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply to Me?

You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to:   Industry ( NAICS 111, 112, 311, 32532), Crop production, Animal production, Food manufacturing, Pesticide manufacturing. This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System ( NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult VerDate Dec< 13> 2002 14: 59 Jan 02, 2003 Jkt 200001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 03JAR1. SGM 03JAR1 270 Federal Register / Vol. 68, No. 2 / Friday, January 3, 2003 / Rules and Regulations the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of This Document and Other Related Information? 1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPP   2002   0303. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. A frequently updated electronic version of 40 CFR part 180 is available at http:// www. access. gpo. gov/ nara/ cfr/ cfrhtml_ 00/ Title_ 40/ 40cfr180_ 00. html, a beta site currently under development. To access the OPPTS Harmonized Guidelines referenced in this document, go directly to the guidelines at http:// www. epa. gov/ opptsfrs/ home/ guidelin. htm. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. Once in the system, select `` search,'' then key in the appropriate docket ID number.

II. Background and Statutory Findings In the Federal Register of August 7, 2002 ( 67 FR 51270) ( FRL   7186   5), EPA issued a notice pursuant to section 408 of FFDCA, 21 U. S. C. 346a, as amended by FQPA ( Public Law 104   170), announcing the filing of pesticide petitions ( PP 2F6443 and 2E6465) by IR 4, 681 US Highway # 1 South, North Brunswick, NJ 08902   3390. That notice included a summary of the petitions prepared by Sygenta Crop Protection Inc., the registrant. There were no comments received in response to the notice of filing. The petitions requested that 40 CFR 180.571 be amended by establishing a tolerance for residues of the herbicide mesotrione, 2[ 4( methylsulfonyl) 2 nitrobenzoyl] 1,3 cyclohexanedione, in or on corn, pop grain and corn, pop stover at 0.01 parts per million ( ppm). Section 408( b)( 2)( A)( i) of the FFDCA allows EPA to establish a tolerance ( the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the tolerance is `` safe.'' Section 408( b)( 2)( A)( ii) of the FFDCA defines `` safe'' to mean that `` there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.'' This includes exposure through drinking water and in residential settings, but does not include occupational exposure. Section 408( b)( 2)( C) of the FFDCA requires EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing a tolerance and to `` ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue * * *'' EPA performs a number of analyses to determine the risks from aggregate exposure to pesticide residues. For further discussion of the regulatory requirements of section 408 of the FFDCA and a complete description of the risk assessment process, see the final rule on Bifenthrin Pesticide Tolerances ( 62 FR 62961, November 26, 1997) ( FRL   5754   7).

III. Aggregate Risk Assessment and Determination of Safety Consistent with section 408( b)( 2)( D) of the FFDCA, EPA has reviewed the available scientific data and other relevant information in support of this action. EPA has sufficient data to assess the hazards of and to make a determination on aggregate exposure, consistent with section 408( b)( 2) of the FFDCA, for a tolerance for residues of mesotrione on corn, pop grain and corn, pop stover at 0.01 ppm. EPA's assessment of exposures and risks associated with establishing the tolerance follows. A. Toxicological Profile EPA has evaluated the available toxicity data and considered its validity, completeness, and reliability as well as the relationship of the results of the studies to human risk. EPA has also considered available information concerning the variability of the sensitivities of major identifiable subgroups of consumers, including infants and children. The nature of the toxic effects caused by mesotrione is discussed in Unit III. A. of the final rule on the Mesotrione Pesticide Tolerance published in the Federal Register of June 21, 2001 ( 66 FR 33187) ( FRL   6787   7).

B. Toxicological Endpoints A summary of the toxicological endpoints for mesotrione used for human risk assessment is discussed in Unit III. B. of the final rule on Mesotrione Pesticide Tolerance published in the Federal Register of June 21, 2001 ( 66 FR 33187). A chronic aggregate risk assessment is appropriate for mesotrione and was performed by EPA.

C. Exposure Assessment 1. Dietary exposure from food and feed uses. Tolerances have been established ( 40 CFR 180.517) for the residues of mesotrione, in or on the following raw agricultural commodities: Field corn: Grain, fodder and forage, each at 0.01 ppm. A section 18 registration was granted to the State of Wisconsin for time limited tolerances ( expires June 2004) for sweet corn: Kernel, forage and stover at 0.01, 0.5 and 2.0, respectively. Risk assessments conducted by EPA to assess dietary exposures from mesotrione are discussed in Unit III C. 1 on the final rule of Mesotrione Pesticide Tolerance published in the Federal Register of June 21, 2001 ( 66 FR 33187). 2. Dietary exposure from drinking water. GENEEC and SCI GROW models were used for the estimated environmental concentrations ( EECs) of mesotrione for acute and chronic exposures. See Unit III C. 2 for discussion in the final rule of Mesotrione Pesticide Tolerance published in the Federal Register of June 21, 2001 ( 66 FR 33187). 3. From non dietary exposure. The term `` residential exposure'' is used in this document to refer to nonoccupational non dietary exposure ( e. g., for lawn and garden pest control, indoor pest control, termiticides, and flea and tick control on pets). Mesotrione is not registered for use on any sites that would result in residential exposure.

VerDate Dec< 13> 2002 14: 59 Jan 02, 2003 Jkt 200001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 03JAR1. SGM 03JAR1 271 Federal Register / Vol. 68, No. 2 / Friday, January 3, 2003 / Rules and Regulations 4. Cumulative exposure to substances with a common mechanism of toxicity. Section 408( b)( 2)( D)( v) of the FFDCA requires that, when considering whether to establish, modify, or revoke a tolerance, the Agency consider `` available information'' concerning the cumulative effects of a particular pesticide's residues and `` other substances that have a common mechanism of toxicity.'' EPA does not have, at this time, available data to determine whether mesotrione has a common mechanism of toxicity with other substances or how to include this pesticide in a cumulative risk assessment. Unlike other pesticides for which EPA has followed a cumulative risk approach based on a common mechanism of toxicity, mesotrione does not appear to produce a toxic metabolite produced by other substances. For the purposes of this tolerance action, therefore, EPA has not assumed that mesotrione has a common mechanism of toxicity with other substances. For information regarding EPA's efforts to determine which chemicals have a common mechanism of toxicity and to evaluate the cumulative effects of such chemicals, see the final rule for Bifenthrin Pesticide Tolerances ( 62 FR 62961, November 26, 1997).

D. Safety Factor for Infants and Children 1. In general. Section 408 of the FFDCA provides that EPA shall apply an additional tenfold margin of safety for infants and children in the case of threshold effects to account for prenatal and postnatal toxicity and the completeness of the data base on toxicity and exposure unless EPA determines that a different margin of safety will be safe for infants and children. Margins of safety are incorporated into EPA risk assessments either directly through use of a MOE analysis or through using uncertainty ( safety) factors in calculating a dose level that poses no appreciable risk to humans. 2. Prenatal and postnatal sensitivity. There is quantitative evidence of increased susceptibility demonstrated in the oral prenatal developmental toxicity studies in rats, mice, and rabbits. Delayed ossification was seen in the fetuses at doses below those at which maternal toxic effects were noted. Maternal toxic effects in the rat were decreased body weight gain during treatment and decreased food consumption and in the rabbit, abortions and GI effects. 3. Conclusion. There is a complete toxicity data base for mesotrione and exposure data are complete or are estimated based on data that reasonably accounts for potential exposures. The FQPA safety factor ( 10x) is retained in assessing the risk posed because there is quantitative evidence of increased susceptibility of the young exposed to mesotrione in the prenatal developmental toxicity studies in mice, rats, and rabbits and in the multigeneration reproduction study in mice, there is qualitative evidence of increased susceptibility of the young exposed to mesotrione in the multigeneration reproduction study in rats; and a Developmental Neurotoxicity Study is required to assess the effects of tyrosinemia on the developing nervous system exposed to mesotrione.

E. Aggregate Risks and Determination of Safety To estimate total aggregate exposure to a pesticide from food, drinking water, and residential uses, the Agency calculates DWLOCs which are used as a point of comparison against the model estimates of a pesticide's concentration in water ( EECs). DWLOC values are not regulatory standards for drinking water. DWLOCs are theoretical upper limits on a pesticide's concentration in drinking water in light of total aggregate exposure to a pesticide in food and residential uses. In calculating a DWLOC, the Agency determines how much of the acceptable exposure ( i. e., the PAD) is available for exposure through drinking water [ e. g., allowable chronic water exposure ( mg/ kg/ day) = cPAD  ( average food + residential exposure)]. This allowable exposure through drinking water is used to calculate a DWLOC. A DWLOC will vary depending on the toxic endpoint, drinking water consumption, and body weights. Default body weights and consumption values as used by EPA are used to calculate DWLOCs: 2 liter ( L)/ 70 kg ( adult male), 2L/ 60 kg ( adult female), and 1L/ 10 kg ( child). Default body weights and drinking water consumption values vary on an individual basis. This variation will be taken into account in more refined screening level and quantitative drinking water exposure assessments. Different populations will have different DWLOCs. Generally, a DWLOC is calculated for each type of risk assessment used: Acute, short term, intermediate term, chronic, and cancer. When EECs for surface water and ground water are less than the calculated DWLOCs, OPP concludes with reasonable certainty that exposures to the pesticide in drinking water ( when considered along with other sources of exposure for which OPP has reliable data) would not result in unacceptable levels of aggregate human health risk at this time. Because OPP considers the aggregate risk resulting from multiple exposure pathways associated with a pesticide's uses, levels of comparison in drinking water may vary as those uses change. If new uses are added in the future, OPP will reassess the potential impacts of residues of the pesticide in drinking water as a part of the aggregate risk assessment process. 1. Acute risk. Acute doses and endpoints were not selected for the general U. S. population ( including infants and children) or the females 13 50 years old population subgroup for mesotrione; therefore, acute dietary risk is not expected. 2. Chronic risk. Using the exposure assumptions described in this unit for chronic exposure, EPA has concluded that exposure to mesotrione from food will utilize 2.1% of the cPAD for the U. S. population, 4.4% of the cPAD for infants (< 1 year old) and 5.0% of the cPAD for children 1 6 years old. There are no residential uses for mesotrione that result in chronic residential exposure to mesotrione. In addition, there is potential for chronic dietary exposure to mesotrione in drinking water. After calculating DWLOCs and comparing them to the EECs for surface and ground water, EPA does not expect the aggregate exposure to exceed 100% of the cPAD, as shown in the following Table:

AGGREGATE RISK ASSESSMENT FOR CHRONIC ( NON CANCER) EXPOSURE TO MESOTRIONE Population Subgroup cPAD mg/ kg/ day % cPAD ( Food) Surface Water EEC ( ppb) Ground Water EEC ( ppb) Chronic DWLOC ( ppb)

U. S. Population 0.0 007 2.1 4.3 0.1 5 24 Infants (< 1 year old) 0.0 007 4.4 4.3 0.15 6.7 Children ( 1 6 years old) 0.0 007 5.0 4.3 0.15 6.7 VerDate Dec< 13> 2002 14: 59 Jan 02, 2003 Jkt 200001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 03JAR1. SGM 03JAR1 272 Federal Register / Vol. 68, No. 2 / Friday, January 3, 2003 / Rules and Regulations AGGREGATE RISK ASSESSMENT FOR CHRONIC ( NON CANCER) EXPOSURE TO MESOTRIONE   Continued Population Subgroup cPAD mg/ kg/ day % cPAD ( Food) Surface Water EEC ( ppb) Ground Water EEC ( ppb) Chronic DWLOC ( ppb)

Females ( 13 50 years old) 0.0 007 1.6 4.3 0.15 20.7 3. Aggregate cancer risk for U. S. population. In accordance with the EPA Draft Guidelines for Carcinogen Risk Assessment ( July, 1999), the Agency classified mesotrione as `` not likely to be carcinogenic to humans'' by all routes of exposure based upon lack of evidence of carcinogenicity in rats and mice; therefore, cancer risk is not expected. 4. Determination of safety. Based on these risk assessments, EPA concludes that there is a reasonable certainty that no harm will result to the general population, and to infants and children from aggregate exposure to mesotrione residues.

IV. Other Considerations A. Analytical Enforcement Methodology Adequate enforcement methodology ( high pressure liquid chromatography) is available to enforce the tolerance expression. Adequate enforcement methodology ( example   gas chromotography) is available to enforce the tolerance expression. The method may be requested from: Francis Griffith, Analytical Chemistry Branch, Environmental Science Center, Environmental Protection Agency, 701 Mapes Road, Fort George G. Mead, MD 20755   5350; telephone number ( 410) 305   2905; griffith. francis@ epa. gov.

B. International Residue Limits There are no CODEX, Canadian, or Mexican tolerances/ Maximum Residue Levels for mesotrione residues. Thus, harmonization is not an issue at this time.

V. Conclusion Therefore, the tolerance is established for residues of mesotrione, 2[ 4 ( methylsulfonyl) 2 nitrobenzoyl] 1,3 cyclohexanedione, in or on corn, pop, grain and corn, pop, stover at 0.01 ppm.

VI. Objections and Hearing Requests Under section 408( g) of the FFDCA, as amended by the FQPA, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. The EPA procedural regulations which govern the submission of objections and requests for hearings appear in 40 CFR part 178. Although the procedures in those regulations require some modification to reflect the amendments made to the FFDCA by the FQPA, EPA will continue to use those procedures, with appropriate adjustments, until the necessary modifications can be made. The new section 408( g) of the FFDCA provides essentially the same process for persons to `` object'' to a regulation for an exemption from the requirement of a tolerance issued by EPA under new section 408( d) of FFDCA, as was provided in the old sections 408 and 409 of the FFDCA. However, the period for filing objections is now 60 days, rather than 30 days.

A. What Do I Need to Do to File an Objection or Request a Hearing? You must file your objection or request a hearing on this regulation in accordance with the instructions provided in this unit and in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number OPP   2002   0303 in the subject line on the first page of your submission. All requests must be in writing, and must be mailed or delivered to the Hearing Clerk on or before March 4, 2003. 1. Filing the request. Your objection must specify the specific provisions in the regulation that you object to, and the grounds for the objections ( 40 CFR 178.25). If a hearing is requested, the objections must include a statement of the factual issues( s) on which a hearing is requested, the requestor's contentions on such issues, and a summary of any evidence relied upon by the objector ( 40 CFR 178.27). Information submitted in connection with an objection or hearing request may be claimed confidential by marking any part or all of that information as CBI. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. A copy of the information that does not contain CBI must be submitted for inclusion in the public record. Information not marked confidential may be disclosed publicly by EPA without prior notice. Mail your written request to: Office of the Hearing Clerk ( 1900C), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001. You may also deliver your request to the Office of the Hearing Clerk in Rm. 104, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. The Office of the Hearing Clerk is open from 8 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Office of the Hearing Clerk is ( 703) 603   0061. 2. Tolerance fee payment. If you file an objection or request a hearing, you must also pay the fee prescribed by 40 CFR 180.33( i) or request a waiver of that fee pursuant to 40 CFR 180.33( m). You must mail the fee to: EPA Headquarters Accounting Operations Branch, Office of Pesticide Programs, P. O. Box 360277M, Pittsburgh, PA 15251. Please identify the fee submission by labeling it `` Tolerance Petition Fees.'' EPA is authorized to waive any fee requirement `` when in the judgement of the Administrator such a waiver or refund is equitable and not contrary to the purpose of this subsection.'' For additional information regarding the waiver of these fees, you may contact James Tompkins by phone at ( 703) 305   5697, by e mail at tompkins. jim@ epa. gov, or by mailing a request for information to Mr. Tompkins at Registration Division ( 7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001. If you would like to request a waiver of the tolerance objection fees, you must mail your request for such a waiver to: James Hollins, Information Resources and Services Division ( 7502C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001. 3. Copies for the Docket. In addition to filing an objection or hearing request with the Hearing Clerk as described in Unit VI. A., you should also send a copy of your request to the PIRIB for its inclusion in the official record that is described in Unit I. B. 1. Mail your copies, identified by docket ID number OPP   2002   0303, to: Public Information and Records Integrity Branch, Information Resources and Services Division ( 7502C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001. In person or by courier, bring a copy to the location of the PIRIB described in Unit I. B. 1. You may also send an electronic copy of your request via e mail to: oppdocket epa. gov. Please use an ASCII VerDate Dec< 13> 2002 14: 59 Jan 02, 2003 Jkt 200001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 03JAR1. SGM 03JAR1 273 Federal Register / Vol. 68, No. 2 / Friday, January 3, 2003 / Rules and Regulations file format and avoid the use of special characters and any form of encryption. Copies of electronic objections and hearing requests will also be accepted on disks in WordPerfect 6.1/ 8.0 or ASCII file format. Do not include any CBI in your electronic copy. You may also submit an electronic copy of your request at many Federal Depository Libraries.

B. When Will the Agency Grant a Request for a Hearing? A request for a hearing will be granted if the Administrator determines that the material submitted shows the following: There is a genuine and substantial issue of fact; there is a reasonable possibility that available evidence identified by the requestor would, if established resolve one or more of such issues in favor of the requestor, taking into account uncontested claims or facts to the contrary; and resolution of the factual issues( s) in the manner sought by the requestor would be adequate to justify the action requested ( 40 CFR 178.32).

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

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

List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements.

Dated: December 20, 2002. Debra Edwards, Acting Director, Registration Division, Office of Pesticide Programs.

Therefore, 40 CFR chapter I is amended as follows:

PART 180   [ AMENDED]

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

Authority: 21 U. S. C. 321( q), 346( a) and 371. 2. Section 180.571 is amended by alphabetically adding commodities to the table in paragraph ( a) to read as follows:

§ 180.571 Mesotrione. ( a) * * *

Commodity Parts per million * * * * *

Corn, pop, grain 0.01 Corn, pop, stover 0.01 * * * * *

[ FR Doc. 03   4 Filed 1   2   03; 8: 45 am]

BILLING CODE 6560   50   S VerDate Dec< 13> 2002 14: 59 Jan 02, 2003 Jkt 200001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 03JAR1. SGM 03JAR1


[Federal Register Volume 84, Number 235 (Friday, December 6, 2019)]
[Notices]
[Page 66893]
[FR Doc No: 2019-26342]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-486-000]

Supplemental Notice That Initial Market-Based Rate Filing
Includes Request for Blanket Section 204 Authorization; Golden Fields
Solar III, LLC

    This is a supplemental notice in the above-referenced proceeding of
Golden Fields Solar III, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is December 23, 2019.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: December 2, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-26342 Filed 12-5-19; 8:45 am]
 BILLING CODE 6717-01-P


From:
D'Angelo, Wayne J<EMAIL_ADDRESS>Sent:
Friday, December 18, 2020 5:54 PM
To:
Jones, DonnaLee<EMAIL_ADDRESS>Cc:
Stuart, Eric<EMAIL_ADDRESS>Balserak, Paul<EMAIL_ADDRESS>Green, Joseph J<EMAIL_ADDRESS>Subject:
RE: Steel Industry's Proposed Redlines to Subpart AAa NSPS for EAF and AOD

Thank you, Dr. Jones.  Our proposed edit were based on input from a number of companies and so it will take a bit of time to compile responses to you questions.  We'll get to work on those answers and expect to be able to be able to provide answers next month.  Thanks very much for your thoughtful review.  We look forward to discussing these proposed changes with you.   Happy holidays and best wishes for 2021!
Best,
Wayne

WAYNE D'ANGELO

Kelley Drye & Warren LLP
Tel:<PHONE_NUMBER>
Cell:<PHONE_NUMBER>

From: Jones, DonnaLee<EMAIL_ADDRESS>Sent: Friday, December 18, 2020 5:14 PM
To: D'Angelo, Wayne J<EMAIL_ADDRESS>Cc: Stuart, Eric<EMAIL_ADDRESS>Balserak, Paul<EMAIL_ADDRESS>Green, Joseph J<EMAIL_ADDRESS>Subject: RE: Steel Industry's Proposed Redlines to Subpart AAa NSPS for EAF and AOD

Hi Wayne, et al. Thanks again for the mark-up of AAa. The EAF rule team found many of the edits useful/good edits. Others we might not be able to or want to make, which we can discuss at a later time. There are some edits for which we wanted more information as to why industry thought the changes were warranted and/or industry background experience with enforcement. In some cases, we have provided potential alternative text. All these changes are in the attached documents.

Let  me know if you have any questions. We can discuss after the new year. Happy holidays to everyone!

From: D'Angelo, Wayne J<EMAIL_ADDRESS>Sent: Tuesday, November 24, 2020 10:47 AM
To: Jones, DonnaLee<EMAIL_ADDRESS>Cc: Stuart, Eric<EMAIL_ADDRESS>Balserak, Paul<EMAIL_ADDRESS>Green, Joseph J<EMAIL_ADDRESS>Subject: Steel Industry's Proposed Redlines to Subpart AAa NSPS for EAF and AOD

Dear Dr. Jones,    I hope you are doing well.  On behalf of the Steel Manufacturers Association (SMA), American Iron & Steel Institute (AISI), and Specialty Steel Industry of North America (SSINA), I am attaching the steel industry's proposed redline edits to the Subpart AAa NSPS for Electric Arc Furnaces (EAFs) and Argon-Oxygen Decarburization vessels (AOD).   We recognize that it has taken us a long time to get these to you, but the time was not wasted; We were able to compile and coordinate feedback and recommendations from all three steel associations and each of their participating member companies.  And as a result of that collaborative process, I believe we were able to develop recommendations that can help EPA clarify and improve the structure of the NSPS.

We appreciate you allowing us to provide these proposed edits and recommendations, and we look forward to discussing them with you at your convenience.  To that end, I plan to reach out to you again in early December to schedule a follow-up discussion with representatives of the three steel associations (copied here).   In the meantime, please let me know if you have any questions or issues you would like to discuss.  Until then, I hope you and yours have a very happy Thanksgiving.

Best wishes,
Wayne

WAYNE D'ANGELO
Partner
Kelley Drye & Warren LLP
Washington Harbour
3050 K Street NW, Suite 400
Washington, DC 20007
Tel:<PHONE_NUMBER>
Cell:<PHONE_NUMBER>

WWW.KELLEYDRYE.COM

<EMAIL_ADDRESS>


 ? Need to return call by / at/ between and . Signature: Project No.: 0<IP_ADDRESS> DISTRIBUTION Page __ 1_ of _ 1_

Project Name: 304m National Strategy TELEPHONE CALL RECORD Outgoing Call Date: 10/ 16/ 03 Time: 3: 30 pm Company Name: US EPA/ TRI Contact Name: Dan Bushman, Ph. D.

Phone No.: ( 202) 566 0743 Name: Betsy Bicknell Eastern Research Group, Inc.

GENERAL SUBJECT : TRI Reporting of Dioxin and Dioxin Like Compounds TOPICS DISCUSSED AND ACTION TAKEN After some introductory e mail correspondence ( attached) I called Dan Bushman, Ph. D., of EPA's TRI office to discuss TRI reporting of dioxin and dioxin like compounds.

Dr. Bushman explained that 2000 was the first year for dioxin reporting. After receiving the reports for that year, he called facilities that reported higher dioxin releases than the rest of their SIC code. After bringing these high reported releases to their attention, some facilities corrected their reports. Unit errors were fairly common, even from larger companies. These corrections are incorporated in to the current release of TRI 2000.

Facilities use a combination of measurements and emission factors to estimate their dioxin releases. Dioxins were detected in the releases from the manufacture of titanium dioxide. Dioxins had not previously been identified with this process.

I asked Dr. Bushman if he had any insights into the sources of dioxins from petroleum refineries. He mentioned catalyst regeneration, and that he thought the refineries had changed their process to reduce dioxin generation. I mentioned that 17 refineries reported dioxin releases, but he didn't offer any suggestions as to what made them different from facilities that did not report dioxin releases.

I asked Dr. Bushman how facilities develop their congener distributions. He explained that TRI instructs facilities to report one distribution for their entire plant releases, based on the best data they have. Thus, even if they have measurements of multiple wastestreams, they report one distribution. Some members of the Chlorine Chemistry Council ( CCC) think this approach does not properly describe their releases. They have made estimates based on a wastestream by wastestream approach. Dr. Bushman believes that these data are most likely based on actual measurements or emission factors based on actual measurements. According to Dr. Bushman, these TEQ will differ from what we would calculate by multiplying the reported congener distributions by the reported " TM 17." The EPA TRI webpage has a link to the CCC website with TEQ releases, by plant, by release medium. ? Need to return call by / at/ between and . Signature: Dr. Bushman senses that companies are sensitive about their releases and are unlikely to hugely overestimate their dioxin releases. In addition, the dioxin guidance allows reporting facilities to use " 0" for < method detection limit, if they measured using method 1613. ( my simplified paraphrase, see attached e mail for full details).

I asked Dr. Bushman if he had any insights as to how facilities report releases of total PACs. He referred me to Gail Froiman 202 566 0697, who was responsible for the PAC Reporting Guidance Document.

For overall TRI data quality issues he referred me to Velu Senthil 202 566 0749.