[Federal Register Volume 80, Number 223 (Thursday, November 19, 2015)]
[Notices]
[Pages 72484-72486]
[FR Doc No: 2015-29474]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0139; Notice 2]

Aston Martin Lagonda Limited, Grant of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Grant of petition.

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SUMMARY: Aston Martin Lagonda Limited (AML) has determined that certain
model year (MY) 2009-2013 Aston Martin passenger cars do not fully
comply with paragraph S4.4(c)(2), of Federal Motor Vehicle Safety
Standard (FMVSS) No. 138, Tire Pressure Monitoring Systems. AML has
filed an appropriate report dated November 4, 2013, pursuant to 49 CFR
part 573, Defect and Noncompliance Responsibility and Reports.

ADDRESSES: For further information on this decision contact Kerrin
Bressant, Office of Vehicles Safety Compliance, the National Highway
Traffic Safety Administration (NHTSA), telephone<PHONE_NUMBER>,
facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    I. Overview: Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the
rule implementing those provisions at 49 CFR part 556, AML submitted a
petition for an exemption from the notification and remedy requirements
of 49 U.S.C. Chapter 301 on the basis that this noncompliance is
inconsequential to motor vehicle safety.
    This notice of receipt of AML's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
    II. Vehicles Involved: Affected are approximately 3,282 of the
following AML model passenger cars manufactured from September 2009
through October 2013:

----------------------------------------------------------------------------------------------------------------
                                                                    Registered      Dealer  un-    Build [date]
                              Model                                 amlna fleet     registered         range
----------------------------------------------------------------------------------------------------------------
DB9 Coupe.......................................................             211              41     10/09-10/13
DB9 Volante.....................................................             225              53     10/09-10/13
DBS Coupe.......................................................             153               1     10/09-08/12
DBS Volante.....................................................             147               1     10/09-08/12
Virage Coupe....................................................             120               0     12/10-08/12
Virage Volante..................................................             156               0     12/10-08/12
V8 Vantage Coupe................................................             385              54     10/09-10/13
V8 Vantage Roadster.............................................             279              56     10/09-10/13
V8 Vantage S Coupe..............................................             170               9     06/10-10/13
V8 Vantage S Roadster...........................................             122              12     06/10-10/13
Rapide..........................................................             671               0     09/09-02/13
Rapide S........................................................              74              65     01/13-10/13
Vanquish Coupe..................................................             197              80     09/12-10/13
                                                                 -----------------------------------------------
    Total.......................................................            2910             372             N/A
----------------------------------------------------------------------------------------------------------------

    III. Noncompliance: AML explains that during testing of the tire
pressure monitoring system (TPMS) it was noted that the fitment of an
incompatible wheel and tire unit was correctly detected and the
malfunction indicator telltale illuminated as required by FMVSS No.
138. However, when the vehicle ignition was deactivated and then
reactivated after a five minute period, there was no immediate re-
illumination of the malfunction indicator telltale as required when the
malfunction still exists. Although the malfunction indicator telltale
does not re-illuminate immediately after the vehicle ignition is
reactivated, it does illuminate within 40 seconds after the vehicle
accelerates above 23 mph.
    IV. Rule Text: Paragraph S4.4(c)(2) of FMVSS No. 138 requires in
pertinent part:
    S4.4 TPMS Malfunction.
    . . .
    (c) Combination low tire pressure/TPMS malfunction telltale. The
vehicle meets the

requirements of S4.4(a) when equipped with a combined Low Tire
Pressure/TPMS malfunction telltale that:
    (2) Flashes for a period of at least 60 seconds but no longer
than 90 seconds upon detection of any condition specified in S4.4(a)
after the ignition locking system is activated to the ``On''
(``Run'') position. After each period of prescribed flashing, the
telltale must remain continuously illuminated as long as a
malfunction exists and the ignition locking system is in the ``On''
(``Run'') position. This flashing and illumination sequence must be
repeated each time the ignition locking system is placed in the
``On'' (``Run'') position until the situation causing the
malfunction has been corrected. . . .

    V. Summary of AML's Analyses: AML stated its belief that the
subject noncompliance is inconsequential to motor vehicle safety for
the following reasons:
    (A) AML stated that although the TPMS malfunction indicator
telltale will not illuminate immediately after the vehicle is
restarted, it generally will illuminate shortly thereafter and in any
event it will illuminate in no more than 40 seconds after the vehicle
accelerates above 23 mph. AML further explained that once the vehicle
has accelerated above 23 mph for a period of 15 seconds, the TPMS will
seek to confirm the sensors fitted to the vehicle, and in the case a
sensor is not fitted, the TPMS will detect this condition within 25
additional seconds and activate the malfunction indicator telltale.
    (B) AML explained that if the TPMS fails to detect the wheel
sensors, the TPMS monitor will display on the TPMS pressures screen
``--'' warning the driver that the status of the wheel sensor is
unconfirmed. Once the vehicle starts moving, the system will then
accurately determine if a sensor is present or not.
    (C) AML said that the noncompliance (a software design omission) is
confined to one particular aspect of the functionality of the otherwise
compliant TPMS malfunction indicator telltale. All other aspects of the
low-pressure monitoring system functionality are fully compliant with
the requirements of FMVSS No. 138.
    (D) AML stated that it is not aware of any customer complaints,
field communications, incidents or injuries related to this condition.
    (E) AML said it has fixed all unsold vehicles in its custody and
control so that they are fully compliant with FMVSS No 138.
    (F) AML argued that differences exist between the MBUSA TPMS
inconsequential petition that the agency denied and their petition that
should be granted.
    In summation, AML believes that the described noncompliance of the
subject vehicles is inconsequential to motor vehicle safety, and that
its petition, to exempt AML from providing recall notification of
noncompliance as required by 49 U.S.C. 30118 and remedying the recall
noncompliance as required by 49 U.S.C. 30120 should be granted.

NHTSA Decision

    NHTSA Analysis: NHTSA has reviewed AML's justification for an
inconsequential noncompliance determination and agrees with AML that
the described noncompliance in the subject vehicles is inconsequential
to motor vehicle safety.
    AML explained that although the malfunction indicator telltale does
not re-illuminate immediately after the vehicle is restarted, it will
illuminate shortly thereafter--within 40 seconds after the vehicle
speed exceeds 23 mph.
    NHTSA agrees with AML that the malfunction indicator telltale will
not illuminate as required only during very short periods of time when
the vehicle is traveling at low speeds and thus poses little risk to
vehicle safety. Under normal driving conditions, a driver will begin a
trip by accelerating moderately beyond 23 mph, and as explained by AML,
once the vehicle accelerates above 23 mph, the malfunction indicator
telltale re-illuminates and then remains illuminated for the entire
ignition cycle, regardless of vehicle speed. The telltale fails to re-
illuminate only in the very rare case when the driver begins a trip and
never exceeds the 23 mph threshold, the speed required to re-activate
the malfunction indicator telltale. No real safety risk exists because
at such low speeds there is little risk of the driver losing control of
the vehicle due to underinflated tires. Furthermore, the possibility
that the vehicle will experience both a low inflation pressure
condition and a malfunction simultaneously is highly unlikely.
    AML stated that if the TPMS fails to detect the wheel sensors, a
supplemental TPMS monitor provides the driver with a warning on the
vehicle's TPMS pressures screen, indicating the status of the wheel
sensor is not confirmed.
    The agency evaluated the displays AML uses in the noncompliant
vehicles. In addition to the combination malfunction and low inflation
pressure telltale indicator lamp, the subject vehicles are equipped
with a ``plan view'' icon which displays the pressures for all four
wheels individually. If any wheel has a malfunctioning pressure sensor
the indicator for that wheel displays several dashes ``--'' indicating
the there is a problem with that respective wheel. The additional
information is not required by the safety standard, but can be used as
an aid to the driver to determine the status of a vehicle's tires.
    AML discussed that the noncompliance only involves one specific
TPMS functionality requirement and that it believes that the primary
functions of the TPMS, the identification of all other required
malfunctions as well as the identification of low tire inflation
pressure scenarios, is not affected.
    The agency agrees with AML that the primary function of the TPMS is
to identify low inflation pressure conditions which AML's system
appears to do as required by FMVSS No. 138. Also, there are a variety
of other malfunctions that can occur in addition to the incompatible
tire malfunction identified in this petition. We understand from AML
that its TPMS will perform as required during all other system
malfunctions.
    AML also mentioned that they have not received or are aware of any
consumer complaints, field communications, incidences or injuries
related to this noncompliance. In addition to the analysis done by AML
that looked at customer complaints, field communications, incidents or
injuries related to this condition, the agency conducted additional
checks of its Office of Defects Investigations consumer complaint
database and found no related complaints.
    AML stated that unsold vehicles have had the software correction
administered and are now fully compliant with FMVSS 138. NHTSA agrees
and concurs with AML's action to mitigate vehicles in its possession as
of the date that the noncompliance was acknowledged.
    AML pointed out that there are differences between the Mercedes-
Benz TPMS related inconsequential noncompliance petition \1\ that the
agency recently denied and AML's subject inconsequential noncompliance
petition. NHTSA agrees with AML that the noncompliance circumstances
are substantially different between the two petitions. The Mercedes-
Benz TPMS would initially display a malfunction warning, but would not
display the warning on subsequent ignition cycles as required by
S4.4(b)(3) of FMVSS No. 138. In the AML vehicles, the TPMS malfunction
warning lamp will illuminate each time the vehicle is

operated, and it will do so very shortly after the vehicle begins to
move.
---------------------------------------------------------------------------

    \1\ 79 FR 47718 (August 14, 2014).
---------------------------------------------------------------------------

    NHTSA Decision: In consideration of the foregoing analysis, NHTSA
has decided that AML has met its burden of demonstrating that the FMVSS
No. 138 noncompliance is inconsequential to motor vehicle safety.
Accordingly, AML's petition is hereby granted and AML is exempted from
the obligation of providing notification of, and a remedy for, that
noncompliance under 49 U.S.C. 30118 and 30120.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the subject vehicles that AML no longer
controlled at the time it determined that the noncompliance existed.
However, any decision on this petition does not relieve vehicle
distributors and dealers of the prohibitions on the sale, offer for
sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant vehicles under their control after AML
notified them that the subject noncompliance existed.

    Authority:  (49 U.S.C. 30118, 30120: Delegations of authority at
49 CFR 1.95 and 501.8)

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-29474 Filed 11-18-15; 8:45 am]
 BILLING CODE 4910-59-P


[Federal Register Volume 86, Number 140 (Monday, July 26, 2021)]
[Notices]
[Page 40037]
[FR Doc No: 2021-15851]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER21-2429-000]

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

    This is a supplemental notice in the above-referenced proceeding of
Tulare Solar Center, 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 August 9, 2021.
    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 may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: July 20, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-15851 Filed 7-23-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Notices]
[Pages 77312-77313]
[FR Doc No: 2023-24779]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OA-2023-0030, FRL-11537-01-OA]

Notice of Meeting of the EPA Children's Health Protection
Advisory Committee (CHPAC)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of meeting.

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SUMMARY: Pursuant to the provisions of the Federal Advisory Committee
Act, notice is hereby given that the next

meeting of the Children's Health Protection Advisory Committee (CHPAC)
will be held virtually and in-person on December 13 and 14, 2023 at the
U.S. Environmental Protection Agency (EPA) Headquarters located at 1200
Pennsylvania Avenue NW, Washington, DC 20460. The CHPAC advises the EPA
on science, regulations and other issues relating to children's
environmental health.

DATES: Meeting dates are December 13, 2023, from 10:00 a.m. to 5:00
p.m. and December 14, 2023, from 10:00 a.m. to 3:30 p.m. (EST).

ADDRESSES:
    Virtual Public Meeting: You must register online to receive the
webcast meeting link and audio teleconference information. Please
follow the registration instructions that will be announced on the
CHPAC website at: https://www.epa.gov/children/chpac by December 1,
2023.
    Written Comments: Submit written comments, identified by docket
identification (ID) number EPA-HQ-OA-2023-0030, through the Federal
eRulemaking Portal at https://www.regulations.gov. Follow the online
instructions for submitting comments. Comments should be submitted on
or before December 7, 2023. Anyone submitting written comments after
this date should contact Amelia Nguyen, listed under FOR FURTHER
INFORMATION CONTACT. Do not electronically submit any information you
consider to be Confidential Business Information (CBI; broadly defined
as proprietary information, considered confidential to the submitter,
the release of which would cause substantial business injury to the
owner) or other information whose disclosure is restricted by statute.
Additional information on commenting or visiting the docket, along with
more information about dockets generally, is available at https://www.epa.gov/dockets.
    Special Accommodations: For information on access or services for
individuals with disabilities, and to request accommodation for a
disability, please contact Amelia Nguyen, listed under FOR FURTHER
INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Amelia Nguyen, Office of Children's
Health Protection, U.S. EPA, MC 1107T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460,<PHONE_NUMBER>, or [email protected].

SUPPLEMENTARY INFORMATION: The meetings of the CHPAC are open to the
public. An agenda will be posted to https://www.epa.gov/children/chpac.

Amelia Nguyen,
Biologist, Office of Children's Health Protection.
[FR Doc. 2023-24779 Filed 11-8-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: March 5, 2008 (Volume 73, Number 44)]
[Notices]
[Page 11929]
[DOCID:fr05mr08-82]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

Pediatric Advisory Committee; Amendment of Notice

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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    The Food and Drug Administration (FDA) is announcing an amendment
to the notice of meeting of the Pediatric Advisory Committee. This
meeting was originally announced in the Federal Register of January 25,
2008 (73 FR 4581). The amendment is being made to reflect a change in
the Agenda portion of the document. There are no other changes.

FOR FURTHER INFORMATION CONTACT: Carlos Pe[ntilde]a, Office of the
Commissioner (HF-33), Food and Drug Administration, 5600 Fishers Lane,
Rockville, MD 20857,<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>or FDA Advisory Committee Information
Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC area), code
8732310001. Please call the Information Line for up-to-date information
on this meeting.

SUPPLEMENTARY INFORMATION: In the Federal Register of January 25, 2008,
FDA announced that a meeting of the Pediatric Advisory Committee would
be held on March 25, 2008. On page 4581, in the third column, the
Agenda portion of document is changed to read as follows:
    Agenda: On March 25, 2008, the Pediatric Advisory Committee will
hear and discuss reports by the agency, as mandated in section 17 of
the Best Pharmaceuticals for Children Act, on adverse event reports for
TOPROL XL (metoprolol), BREVIBLOC (esmolol HCl), LOTENSIN (benazepril),
COREG (carvedilol), COLAZAL (balsalazide), ELOXATIN (oxaliplatin),
CELEBREX (celecoxib), and SUPRANE (desflurane). The Pediatric Advisory
Committee will also hear an update on TRILEPTAL (oxcarbazepine) and the
FDA Amendments Act of 2007.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/ohrms/dockets/ac/acmenu.htm, click on
the year 2008 and scroll down to the appropriate advisory committee
link.
    This notice is issued under the Federal Advisory Committee Act (5
U.S.C. app. 2) and 21 CFR part 14, relating to the advisory committees.

    Dated: February 26, 2008.
Randall W. Lutter,
Deputy Commissioner for Policy.
[FR Doc. E8-4156 Filed 3-4-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 87, Number 103 (Friday, May 27, 2022)]
[Notices]
[Pages 32153-32154]
[FR Doc No: 2022-11450]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER22-1928-000]

Salt City Solar LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Salt City Solar 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 June 13, 2022.
    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 may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: May 23, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-11450 Filed 5-26-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: August 15, 2007 (Volume 72, Number 157)]
[Rules and Regulations]
[Page 45653-45656]
[DOCID:fr15au07-16]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2007-0220; FRL-8122-3]

Cis-isomer of 1-(3-chloroallyl)-3,5,7-triaza-1-azoniaadamantane
chloride (CAS Reg. No. 51229-78-8); Exemption from the Requirement of a
Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of cis-isomer of 1-(3-chloroallyl)-3,5,7-
triaza-1-azoniaadamantane chloride (CAS Reg. No. 51229-78-8) under 40
CFR 180.920 (growing crops) when used as an inert ingredient as a
preservative at 0.14% by weight (wt) or less of pesticide formulations.
Dow Chemical Company submitted a petition to EPA under the Federal
Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality
Protection Act of 1996 (FQPA), requesting an exemption from the
requirement of a tolerance.

DATES: This regulation is effective August 15, 2007. Objections and
requests for hearings must be received on or before October 15, 2007,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2007-0220. To access the

electronic docket, go to http://www.regulations.gov, select ``Advanced

Search,'' then ``Docket Search.'' Insert the docket ID number where
indicated and select the ``Submit'' button. Follow the instructions on
the regulations.gov web site to view the docket index or access
available documents. All documents in the docket are listed in the
docket index available in regulations.gov. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the OPP

Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The Docket Facility is open from
8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays.
The Docket Facility telephone number is<PHONE_NUMBER>.

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

I. General Information

A. Does this Action Apply to Me?

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

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

    In addition to accessing an electronic copy of this Federal
Register document through the electronic docket at http://www.regulations.gov
, you may access this Federal Register document

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

frequently updated electronic version of 40 CFR part 180 through the
Government Printing Office's pilot e-CFR site at http://www.gpoaccess.gov/ecfr
.

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of the FFDCA, as amended by the FQPA, any
person may file an objection to any aspect of this regulation and may
also request a hearing on those objections. The EPA procedural
regulations which govern the submission of objections and requests for
hearings appear in 40 CFR part 178. You must file your objection or
request a hearing on this regulation in accordance with the
instructions provided in 40 CFR part 178. To ensure proper receipt by
EPA, you must identify docket ID number EPA-HQ-OPP-2007-0220 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 October 15, 2007.
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit your copies, identified by docket ID
number EPA-HQ-OPP-2007-0220, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

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

II. Background and Statutory Findings

    In the Federal Register of December 17, 2003 (67 FR 70251) (FRL-
7336-4), EPA issued a notice pursuant to section 408 of the FFDCA, 21
U.S.C. 346a, as amended by the FQPA (Public Law 104-170), announcing
the filing of a pesticide petition (PP 3E6656) by Dow Chemical Company,
Building 1803, Midland, Michigan 48674. The petition requested that 40
CFR 180.920 be amended by establishing an exemption from the
requirement of a tolerance for residues of cis-isomer of 1-(3-
chloroallyl)-3,5,7-triaza-1-azoniaadamantane chloride. That notice
included a summary of the petition prepared by the petitioner. Dow
Chemical Company requested the use of cis-isomer of 1-(3-chloroallyl)-
3,5,7-triaza-1-azoniaadamantane chloride as a preservative at 0.14% by
weight or less in pesticide formulations. No comments were received in
response to the notice of filing.
    Section 408(b)(2)(A)(i) of the FFDCA allows EPA to establish an
exemption from the requirement for 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(c)(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....'' These provisions were added to the FFDCA by the
Food Quality Protection Act (FQPA) of 1996.

III. Risk Characterization and Conclusion.

    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 and considered its validity,

completeness and reliability and the relationship of this information
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 cis-isomer of 1-(3-chloroallyl)-3,5,7-triaza-1-
azoniaadamantane chloride are discussed in this unit. EPA has
sufficient data to assess the hazards of and make a determination on
aggregate exposure for the chemical.The following provides a brief
summary of the risk assessment and conclusions for the Agency's review
of cis-isomer of 1-(3-chloroallyl)-3,5,7-triaza-1-azoniaadamantane
chloride. The full decision document for this action is available on
EPA's Electronic Docket at http://www.regulations.gov/ under docket

number EPA-HQ-OPP-2007-0220.

A. Human Health

    The Agency reviewed the available information on cis-isomer of 1-
(3-chloroallyl)-3,5,7-triaza-1-azoniaadamantane chloride submitted by
the petitioner as well as additional information available to EPA and
the data evaluated in the 1995 Dowicil[reg]CTAC RED. The toxicity
database is sufficient for cis-isomer of 1-(3-chloroallyl)-3,5,7-
triaza-1-azoniaadamantane chloride. In laboratory animal studies
measuring acute toxicity, cis-isomer of 1-(3-chloroallyl)-3,5,7-triaza-
1-azoniaadamantane chloride is slightly toxic in acute inhalation and
oral toxicity studies. Dermal effects were observed in rabbits at close
to the limit dose (no observed adverse effect level of 1,000 milligram/
kilogram/day (mg/kg/day)) in a subchronic study, and in a dermal acute
toxicity study the LD50 was determined to be 923 mg/day. The
chemical was mutagenic in the in vitro Chinese hamster ovary cell HGPRT
(Hypoxanthine guanine phophoribosyl transferase)forward mutation assay
with activation, but was nonmutagenic without activation. It was
negative in two other mutagenicity studies. Developmental effects were
observed at or above the level of maternal toxicity (optic
malformations may be linked to genetic issues rather than exposure to
the chemical). Chronic toxicity studies are not available,
nevertheless, sufficient information is available in sub-chronic and
developmental toxicity studies.

B. Exposure Assessment

    The potential for exposure to residues of cis-isomer of 1-(3-
chloroallyl)-3,5,7-triaza-1-azoniaadamantane chloride is adequately
characterized based on the chemical's non-persistent nature and ready
dissipation in the environment and the low use rate. Exposures from
residues in food and drinking water are expected to be minimal.
Residential exposure (inhalation and dermal) is also expected to be
minimal from the use of the chemical in pesticides considering the low
application rate. Residential exposures from non-pesticides uses are
not anticipated to be of concern considering the low dermal toxicity
findings. The Agency concludes dietary and residential exposures of
concern are not anticipated from the inert ingredient use of cis-isomer
of 1-(3-chloroallyl)-3,5,7-triaza-1-azoniaadamantane chloride
considering its non-persistent nature in the environment, low toxicity,
and the limitations imposed on its proposed use under 40 CFR 180.920 as
a preservative at 0.14% by weight (wt) or less of the pesticide
formulation.

C. Safety Factor for Infants and Children

    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 database 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. The toxicity database is
sufficient for cis-isomer of 1-(3-chloroallyl)-3,5,7-triaza-1-
azoniaadamantane chloride and potential exposure is adequately
characterized based on the low use rate. In terms of hazard, there are
low concerns and no residual uncertainties regarding prenatal and/or
postnatal toxicity.

D. Cumulative Exposure

    Section 408(b)(2)(D)(v) of the FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.'' Unlike other pesticides for
which EPA has followed a cumulative risk approach based on a common
mechanism of toxicity, EPA has not made a common mechanism of toxicity
finding as to cis-isomer of 1-(3-chloroallyl)-3,5,7-triaza-1-
azoniaadamantane chloride and any other substances, and the chemical
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 cis-isomer of 1-(3-chloroallyl)-3,5,7-triaza-1-
azoniaadamantane chloride 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 EPA's website at http://www.epa.gov/pesticides/cumulative
.

E. Other Considerations

    1. Analytical methods. Adequate enforcement methodology is
available to enforce the tolerance exemption expression. The method may
be requested from: Chief, Analytical Chemistry Branch, Environmental
Science Center, 701 Mapes Rd., Ft. Meade, MD 20755-5350; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
Residues are not expected because of the chemical's ready degradation
in the environment and the low amount that will be permitted in the
pesticide formulation (limited to 0.14% by weight (wt) or less).
    2. International tolerances. The Agency is not aware of any country
requiring a tolerance for cis-isomer of 1-(3-chloroallyl)-3,5,7-triaza-
1-azoniaadamantane chloride (CAS Reg. No. 51229-78-8) nor have any
CODEX Maximum Residue Levels (MRLs) been established for any food crops
at this time.

F. Determination of Safety and Conclusions

    Based on the information in this preamble, EPA concludes that there
is a reasonable certainty of no harm to the general population,
including infants and children, from aggregate exposure to residues of
cis-isomer of 1-(3-chloroallyl)-3,5,7-triaza-1-azoniaadamantane
chloride. Accordingly, EPA finds that exempting cis-isomer of 1-(3-
chloroallyl)-3,5,7-triaza-1-azoniaadamantane chloride from the
requirement of a tolerance will be safe. EPA is establishing a
tolerance exemption in 40 CFR 180.920 for cis-isomer of 1-(3-
chloroallyl)-3,5,7-triaza-1-azoniaadamantane chloride when it is used
as an inert ingredient as a preservative at 0.14% by weight or less in
pesticide formulations.

IV. Statutory and Executive Order Reviews

    This final rule establishes a tolerance exemption under section
408(d) of FFDCA in response to a petition submitted to the Agency. The
Office of Management and Budget (OMB) has exempted these types of
actions from review under Executive Order 12866, entitled Regulatory
Planning and Review (58 FR 51735, October 4, 1993). Because this rule
has been exempted from review under Executive Order 12866, 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) or Executive Order 13045, entitled Protection of
Children from Environmental Health Risks and Safety Risks (62 FR 19885,
April 23, 1997). 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., 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).
    Since tolerances and exemptions that are established on the basis
of a petition under section 408(d) of FFDCA, such as the tolerance in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
    This final rule directly regulates growers, food processors, food
handlers and food retailers, not States or tribes, nor does this action
alter the relationships or distribution of power and responsibilities
established by Congress in the preemption provisions of section
408(n)(4) of FFDCA. As such, the Agency has determined that this action
will not have a substantial direct effect on States or tribal
governments, on the relationship between the national government and
the States or tribal governments, or on the distribution of power and
responsibilities among the various levels of government or between the
Federal Government and Indian tribes. Thus, the Agency has determined
that Executive Order 13132, entitled Federalism (64 FR 43255, August
10, 1999) and Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (65 FR 67249, November 6,
2000) do not apply to this rule. In addition, This rule does not 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).
    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).

V. Congressional Review Act

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

List of Subjects in 40 CFR Part 180

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

    Dated: August 3, 2007.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

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

PART 180--[AMENDED]

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

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

0
2. Section 180.920, is amended by adding alphabetically the inert
ingredient to read as follows:

Sec.  180.920  Inert ingredients used pre-harvest; exemptions from the
requirement of a tolerance.

* * * * *

------------------------------------------------------------------------
        Inert ingredients               Limits               Uses
------------------------------------------------------------------------
                              * * * * * * *
 Cis-isomer of 1-(3-chloroallyl)- Maximum of 0.14%    Preservative
 3,5,7-triaza-1-azoniaadamantane   by weight of
 chloride (CAS Reg. No. 51229-78-  formulation
 8)
                              * * * * * * *
------------------------------------------------------------------------

[FR Doc. E7-16055 Filed 8-14-07; 8:45 am]

BILLING CODE 6560-50-S