[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)]
[Notices]
[Pages 3125-3126]
[FR Doc No: 2016-00969]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER16-39-001]

Kingbird Solar B, 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
Kingbird Solar B, 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 February 2, 2016.
    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 Web site 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: January 13, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-00969 Filed 1-19-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 192 (Wednesday, October 3, 2012)]
[Notices]
[Page 60420]
[FR Doc No: 2012-24361]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 Notice of Petition for Enforcement

    In the matter of: EL12-108-000, QF11-46-001, QF11-47-001, QF11-
48-001; Murphy Flat Energy LLC, Murphy Flat Mesa LLC, Murphy Flat
Wind LLC.

    Take notice that on September 25, 2012, pursuant to section
210(h)(2) of the Public Utility Regulatory Policies Act of 1978
(PURPA),\1\ Murphy Flat Energy LLC, Murphy Flat Mesa LLC, and Murphy
Flat Wind LLC (collectively Petitioners), filed a petition requesting
the Federal Energy Regulatory Commission take enforcement action under
section 210(h) of PURPA against the Idaho Public Utilities Commission
(Idaho PUC) to overturn the Idaho PUC's Murphy Flat Order \2\ and
declare that legally enforceable obligations did arise, as more fully
described in the petition.
---------------------------------------------------------------------------

    \1\ 16 U.S.C. 824a-3(h).
    \2\ Idaho PUC Order No. 32255, Case No. IPC-E-10-56 et al. (June
8, 2011) (``Murphy Flat Order'').
---------------------------------------------------------------------------

    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the web site 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>.
    Comment Date: 5 p.m. Eastern Time on October 15, 2012.

    Dated: September 26, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-24361 Filed 10-2-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: July 13, 2009 (Volume 74, Number 132)]
[Notices]
[Page 33435-33437]
[DOCID:fr13jy09-64]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8929-5; EPA-HQ-OEI-2008-0062]

Type of Action: New; Establishment of a New System of Records for
the Science Advisory Board (SAB) Database of Scientific and Technical
Experts

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: Pursuant to the provisions of the Privacy Act of 1974 (5
U.S.C. 552a), the Office of the Administrator, SAB Staff Office is
giving notice that it proposes to create a new system of

records for the SAB Database of Scientific and Technical Experts.

DATES: Persons wishing to comment on this system of records notice must
do so by August 24, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
2008-0062, by one of the following methods:
     http://www.regulations.gov: Follow the online instructions
for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: OEI Docket, Environmental Protection Agency,
Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: OEI Docket, EPA/DC, EPA West Building, Room
3334, 1301 Constitution Ave., NW., Washington, DC. Such deliveries are
only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OEI-
2008-0062. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information for which
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
for which disclosure is restricted by statute. Certain other material,
such as copyrighted material, will be publicly available only in hard
copy. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at the OEI
Docket, EPA/DC, EPA West Building, Room 3334, 1301 Constitution Ave.,
NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OEI Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Dr. Angela Nugent, Special Assistant
to the Director, SAB Staff Office, U.S. Environmental Protection
Agency, Mail Code 1400F, 1200 Pennsylvania Avenue, NW., Washington, DC
20460; telephone number<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

    The U.S. Environmental Protection Agency plans to create a Privacy
Act system of records to centralize, standardize and safeguard the
information submitted by experts who support three scientific and
technical advisory committees (i.e., the Science Advisory Board, the
Clean Air Scientific Advisory Committee, and the Advisory Council on
Clean Air Compliance Analysis) that report to EPA's Administrator. The
SAB Staff Office: (1) Requests nominations from the public for
qualified individuals to serve as experts on committees and panels that
advise the Administrator; (2) identifies experts to become Special
Government Employees (SGEs) to serve on the advisory committees and
panels; (3) manages the SGEs' personnel paperwork and ensures that SGEs
comply with ethics training and financial disclosure requirements of
the Ethics in Government Act, 5 U.S.C. App. 4; and (4) coordinates
experts' participation in approximately fifty advisory projects per
year and approximately eighty meetings per year. The SAB Staff Office
conducts these activities to provide the Administrator with scientific
advice from balanced committees of qualified experts on high priority
science issues.
    To manage the above activities in an efficient manner that protects
the privacy of the scientific experts, the SAB Staff Office has
integrated personal information provided by the experts in a central
SAB Database. Consolidating information about individual experts in a
central location allows for consistent procedures to be followed for
protecting privacy-related information necessary to manage and support
the advisory committees for which the SAB Staff Office is responsible.
    Records in the SAB Database of Scientific and Technical Experts are
safeguarded from unauthorized use. Only SAB Staff Office personnel and
a very limited number of database support contractors have access to
consolidated personal information in the password-protected SAB
databases. Some generally available information such as experts'
institutional affiliation and biographical sketches are accessible via
the EPA SAB Web site (http://www.epa.gov/sab). Security procedures have
been approved through the Application Development Process administered
by EPA's Office of Environmental Information.
    The system is maintained at the U.S. EPA, 1025 F Street, NW., Suite
3600, Mail Code 1400F, Washington, DC 20004.

    Dated: June 22, 2009.
Linda A. Travers,
Acting Assistant Administrator and Chief Information Officer.
EPA-58

System Name:
    EPA Science Advisory Board (SAB) Database of Scientific and
Technical Experts.

System Location:
    U.S. EPA, 1025 F Street, NW., Suite 3600, Mail Code 1400F,
Washington, DC 20004.

Categories of Individuals Covered by the System:
    Scientific and technical experts currently serving on committees
and panels administered by the SAB Staff Office; scientific and
technical experts who have served on such committees and panels since
2002; and scientific and technical experts nominated to serve on
planned SAB Staff Office-supported committees and panels.

Categories of Records in the System:
    Name, home contact information (address and telephone number);
professional contact information (e.g., professional title,
institutional affiliation, and work contact information); terms of
appointment to

advisory committees and panels; expertise information (e.g., curricula
vitae and professional biographical sketches); and administrative
history information (e.g., history of personnel actions, confidential
financial disclosure forms, and annual ethics training).

Authority for Maintenance of the System (includes any revisions or
amendments):
    The authority for the establishment or appointment of these
advisory committees is as follows: For the SAB, the Environmental
Research, Development, and Demonstration Authorization Act, 42 U.S.C.
4365; for the Clean Air Scientific Advisory Committee, section
109(d)(2) of the Clean Air Act, 42 U.S.C. 7409(d)(2); and for the
Advisory Council on Clean Air Compliance Analysis, section 312(f) of
the Clean Air Act, 42 U.S.C. 7612(f).

Purpose(s):
    This system of records is being created to assist EPA with
providing management and technical support to three scientific and
technical advisory committees (the SAB, the Clean Air Scientific
Advisory Committee, and the Advisory Council on Clean Air Compliance
Analysis) that report to the EPA Administrator. The SAB Staff Office
requests nominations of experts from the public wishing to nominate
themselves or others for committees and panels providing advice;
identifies experts to become Special Government Employees (SGEs)
serving on advisory committees and panels; manages their personnel
paperwork; ensures that SGEs comply with ethics training and financial
disclosure requirements of the Ethics in Government Act; and
coordinates experts' participation in approximately fifty advisory
projects per year and approximately eighty meetings per year. The SAB
Staff Office conducts these activities to provide the EPA Administrator
with scientific advice from balanced committees of qualified experts on
high priority science issues. The SAB Database of Scientific and
Technical Experts assists the SAB Staff Office to achieve this goal in
an efficient manner that protects the privacy of scientific experts.

Routine Uses of Records Maintained in the System, Including Categories
of Users, and the Purposes of Such Uses:
    General routine uses A, B, C, E, F, G, H, I, J, K and L apply to
this system.

Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
    Records will be maintained in electronic form and stored in the
password-protected SAB database on EPA's client server in Research
Triangle Park.

Retrievability:
    Personally-identifiable information is retrieved by expert's name
or by committee or panel name.

Safeguards:
    Only SAB Staff Office personnel and a very limited set of database
support contractors have access to consolidated personal information in
the password-protected SAB database. Security procedures have been
approved through the Application Development Process administered by
EPA's Office of Environmental Information. Personnel have taken
security awareness training.

Retention and Disposal:
    File is cumulative and is maintained indefinitely.

System Manager(s) and Address:
    Dr. Anthony Maciorowski, Deputy Director, SAB Staff Office, U.S.
Environmental Protection Agency, Mail Code 1400F, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460.

Notification Procedures:
    Any individual who wants to know whether this system of records
contains a record about him or her, who wants access to his or her
record, or who wants to contest the contents of a record, should make a
written request to the Freedom of Information Office, Attention:
Privacy Act Officer. Complete EPA Privacy Act procedures are set out at
40 CFR part 16.

Record Access Procedures:
    Requesters will be required to provide adequate identification,
such as a driver's license, employee identification card, or other
identifying document.

Contesting Records Procedures:
    Requests for correction or amendment must identify the record to be
changed and the corrective action sought. Complete EPA Privacy Act
procedures are set out at 40 CFR part 16.

Record Source Categories:
    Individuals who are scientific and/or technical experts.

System exempted from certain provisions of the Privacy Act:
    None.

[FR Doc. E9-16493 Filed 7-10-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: January 15, 2010 (Volume 75, Number 10)]
[Notices]
[Page 2570-2572]
[DOCID:fr15ja10-90]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61318; File No. SR-DTC-2009-18]

Self-Regulatory Organizations; The Depository Trust Company;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Modify Its Settlement Progress Payment and Principal and Income
Withdrawal Cutoff Times

January 8, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on December 23, 2009, The
Depository Trust Company (``DTC'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change described
in Items I, II, and III below, which items have been prepared primarily
by DTC. DTC filed the proposal pursuant to Section 19(b)(3)(A)(iii) of
the Act \2\ and Rule 19b-4(f)(4) \3\ thereunder so that the proposal
was effective upon filing with the Commission. The Commission is
publishing this notice to solicit

comments on the rule change from interested parties.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \3\ 17 CFR 240.19b-4(f)(4).
---------------------------------------------------------------------------

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

    The proposed rule change would amend DTC's rules to modify its
Settlement Progress Payment (``SPP'') and Principal and Income
(``P&I'') withdrawal cutoff times.

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

    In its filing with the Commission, DTC 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. DTC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\4\
---------------------------------------------------------------------------

    \4\ The Commission has modified the text of the summaries
prepared by OCC.
---------------------------------------------------------------------------

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

    A SPP is a payment sent intraday by Fedwire to DTC when a DTC
participant (``Participant'') has insufficient collateral \5\ or at DTC
or is at its net debit cap. The SPP creates a credit to the
Participant's settlement account, thereby reducing its net debit and
allowing the Participant to continue to receive deliveries into its
Participant account. Currently, Participants are able to request that
DTC return an SPP that was submitted to DTC earlier in the day
(``Return Request'') until 3 p.m. eastern time. When DTC receives a
Return Request, DTC returns the full amount or a portion of the SPP as
long as the return does not result in a negative collateral monitor \6\
or cause the Participant's net settlement debit to exceed its net debit
cap.
---------------------------------------------------------------------------

    \5\ The term ``collateral'' of a Participant on any business day
means the sum of (i) The actual participants fund deposit of the
Participant, (ii) the actual preferred stock investment of a
Participant, (iii) all net additions of the Participant and (iv) any
SPPs wired by the Participant to DTC's account at the Federal
Reserve Bank of New York in the manner specified in DTC's
Procedures.
    \6\ DTC tracks collateral in a Participant's account through the
Collateral Monitor (``CM''). The CM reflects the amount by which the
collateral in the account exceeds the net debit in the account. When
processing a transaction, DTC verifies that the Participant's CM
would not become negative when the transaction completes. If the
transaction would cause the Participant to have a negative CM, the
transaction will recycle until the Participant has sufficient
collateral for the transaction to complete.
---------------------------------------------------------------------------

    P&I allocations are credited to a Participant's settlement accounts
throughout each processing day as P&I payments are received. The
current early P&I withdrawal process allows Participants to withdraw
intraday P&I payments for non-Money Market Instrument issues that DTC
has allocated to the Participant's settlement account until 3 p.m.
eastern time. P&I withdrawals can be made in any dollar amount subject
to DTC's Risk Management Controls.\7\ The total amount of funds that a
Participant may withdraw cannot exceed the sum of all of the
Participant's P&I allocations for that day.
---------------------------------------------------------------------------

    \7\ Withdrawals that are blocked as a result of insufficient
collateral or net debit cap will recycle until enough collateral or
settlement credits are generated to satisfy the collateral or net
debit cap deficiency or until the end of the recycle period when
transactions that have not successfully completed are dropped by the
system.
---------------------------------------------------------------------------

    In an effort to maximize the early return of available liquidity to
Participants, DTC is proposing to extend the cutoff times for when
Participants may request the return of SPP and the withdrawal of P&I to
3:20 p.m. eastern time. These changes will necessitate revisions to the
existing DTC Settlement Guide.
    The proposed rule change is consistent with Section 17A of the
Act,\8\ as amended, and the rules and regulations thereunder applicable
to DTC. The proposed rule change will maximize the early return of
available liquidity to Participants and will be implemented
consistently with the safe guarding of securities and funds in DTC's
custody or control or for which it is responsible because all of DTC's
risk management controls will continue to be in effect.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

(B) Self-Regulatory Organization's Statement on Burden on Competition

    DTC does not believe that the proposed rule change will have any
impact or impose any burden on competition.

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

    Written comments relating to the proposed rule change were not and
are not intended to be solicited or received. DTC will notify the
Commission of any written comments received by DTC.

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

    The foregoing proposed rule change has become effective upon filing
pursuant to Section 19(b)(3)(A)(iii) of the Act \9\ and Rule 19b-
4(f)(4) \10\ thereunder because the proposed rule change effects a
change in an existing service of DTC that: (i) Does not adversely
affect the safeguarding of securities or funds in the custody or
control of DTC or for which it is responsible and (ii) does not
significantly affect the respective rights or obligations of DTC or
persons using the service. At any time within sixty days of the filing
of the proposed rule change, the Commission may summarily abrogate 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.
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-DTC-2009-18 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-DTC-2009-18. This file
number should be included on the subject line if e-mail 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 Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the

proposed rule change between the Commission and any person, other than
those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying 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 such filings also will be available for
inspection and copying at the principal office of DTC and on DTC's Web
site at http://www.dtcc.com/downloads/legal/rule_filings/2009/dtc/
2009-18.pdf. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-DTC-
2009-18 and should be submitted on or before February 5, 2010.
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-633 Filed 1-14-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 250 (Monday, December 30, 2013)]
[Rules and Regulations]
[Pages 79312-79315]
[FR Doc No: 2013-31281]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0934]
RIN 1625-AA87

Security Zone; On the Waters in Kailua Bay, Oahu, HI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary security zone on
the waters south of Kapoho Point and a nearby channel in Kailua Bay
within the Honolulu Captain of the Port (COTP) Zone. This security zone
is necessary to ensure the safety of the President of the United
States.

DATES: This rule is effective without actual notice from December 30,
2013 through 10 p.m. (HST) on January 5, 2014. For the purposes of
enforcement, actual notice will be used from 6 a.m. (HST) on December
20, 2013, through 10 p.m. (HST) on January 5, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0934. To view documents mentioned in this preamble as being

available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Lieutenant Commander Scott O. Whaley,
Waterways Management Division, U.S. Coast Guard Sector Honolulu;
telephone<PHONE_NUMBER> (ext. 3352), email<EMAIL_ADDRESS>If
you have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

A. Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency, for good cause, finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Under 5 U.S.C. 553(d)(3), the Coast Guard finds good
cause exists for making this rule effective less than 30 days after
publication in the Federal Register. The details of the President's
intended travel to Hawaii were not made available to the Coast Guard in
sufficient time to issue a notice of proposed rulemaking. Due to the
need for immediate action, the restriction of vessel traffic is
necessary to protect the President; therefore, a 30-day notice period
is impracticable. Delaying the effective date would be contrary to the
security zone's intended objectives of protecting the President,
mitigating potential terroristic acts and enhancing public and maritime
safety and security. Publishing a Notice of Public Rule Making (NPRM)
and delaying the effective date would be contrary to the public
interest since the occasion would occur before a notice-and-comment
rulemaking could be completed, thereby jeopardizing the safety of the
President. The COTP finds that this temporary security zone needs to be
effective by December 20, 2013, to ensure the safety of the President
while visiting the Kailua Bay area on the eastern coast of Oahu,
Hawaii.

B. Basis and Purpose

    From December 20, 2013, through January 5, 2014, the President of
the United States plans to visit the Kailua Bay area on Oahu, Hawaii.
This position is located adjacent to U.S. navigable waters in the
Honolulu COTP Zone. The Coast Guard is establishing this security zone
to ensure the safety of the President.

C. Discussion of Temporary Final Rule

    This temporary final rule is effective from 6 a.m. HST on December
20, 2013 through 10 p.m. HST on January 5, 2014. The security zone area
is located within the Honolulu COTP Zone (See 33 CFR 3.70-10) and
covers all U.S. navigable waters in the Kailua Bay on the west side of
a line connecting Kapoho Point and continuing at a bearing of 225[deg]
(true) to 21[deg]25'11'' N, 157[deg]44'39'' W; as well as the nearby
channel from its entrance near Kapoho Point to a point 150-yards to the
south of the N. Kalaheo Avenue Road Bridge. This zone extends from the
surface of the water to the ocean floor. This zone will include the
navigable waters of the channel beginning at point 21[deg]24'56'' N,
157[deg]44'58'' W, then extending to 21[deg]25'26'' N, 157[deg]44'21''
W (Kapoho Point) including all the waters to the west of a straight
line to 21[deg]25'11'' N, 157[deg]44'39'' W and then extending back to
the original point 21[deg]24'56'' N, 157[deg]44'58'' W.
    One (1) yellow buoy and two (2) shore-side markers will be placed
in proximity of the security zone along the security zone boundary and
one (1) orange boom will be placed at the channel boundary south of the
N. Kalaheo Avenue Road Bridge as visual aids for mariners and the
public to approximate the zone. An illustration of the security zone
will be made available on www.regulations.gov in docket for this
rulemaking, USCG-2013-0934.
    In accordance with the general regulations in 33 CFR Part 165,
Subpart D, no person or vessel will be permitted to transit into or
remain in the zone except for authorized support vessels, aircraft and
support personnel, or other vessels authorized by the COTP. Any Coast
Guard commissioned, warrant, or petty officer, and any other COTP
representative permitted by law, may enforce the zone. Vessels,
aircraft, or persons in violation of this rule would be subject to the
penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. The Coast Guard expects the economic
impact of this rule to be so minimal that a full Regulatory Evaluation
under the regulatory policies and procedures of DHS is unnecessary.
This expectation is based on the limited duration of the zone, the
limited geographic area affected by it, and the lack of commercial
vessel traffic affected by the zone.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will have a significant economic impact on
a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on small entities. If you think
that your business, organization, or governmental jurisdiction
qualifies as a small entity and that this rule will have a significant
economic impact on it, please submit a comment (see ADDRESSES)
explaining why you think it qualifies and how and to what degree this
rule will economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking.
    If the rule will affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact LCDR Scott O.
Whaley at<PHONE_NUMBER> ext. 3352. The Coast Guard will not retaliate
against small entities that question or

complain about this temporary final rule or any policy or action of the
Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect 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. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
determination that this action is one of a category of actions which do
not individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction. This regulation establishes one
security zone. A final ``Environmental Analysis Check List'' and a
final ``Categorical Exclusion Determination'' are available in the
docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine security, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add Sec.  165.T14-0934 to read as follows:

Sec.  165.T14-0934  Security Zone; On the Waters in Kailua Bay, Oahu,
HI.

    (a) Location. The following area, within the COTP Honolulu Zone
(see 33 CFR 3.70-10), from the surface of the water to the ocean floor
is a temporary security zone: All waters in Kailua Bay to the west of a
line beginning at Kapoho Point and thence southwestward at a bearing of
225[deg] (true) to the shoreline at 21[deg]25'11'' N, 157[deg]44'39''
W; as well as the nearby channel from its entrance at Kapoho Point to a
point 150-yards to the southwest of the N. Kalaheo Avenue Road Bridge.
This zone extends from the surface of the water to the ocean floor.
This zone will include the navigable waters of the channel beginning at
point 21[deg]24'56'' N, 157[deg]44'58'' W, then extending to
21[deg]25'26'' N, 157[deg]44'21'' W (Kapoho Point) including all the
waters to the west of a straight line to 21[deg]25'11'' N,
157[deg]44'39'' W, and then extending back to the original point
21[deg]24'56'' N, 157[deg]44'58'' W.
    (b) Effective period. This section is effective from 6 a.m. HST on
December 20, 2013, through 10 p.m. HST on January 5, 2014.
    (c) Regulations. The general regulations governing security zones
contained in 33 CFR 165.33, subpart D, apply to the security zone
created by this temporary section, Sec.  165.T14-0934.
    (1) All persons are required to comply with the general regulations
governing security zones found in 33 CFR part 165.
    (2) Entry into or remaining in this zone is prohibited unless
authorized by the COTP.
    (3) Persons desiring to transit the security zones identified in
paragraph (a) of this section may contact the COTP at Command Center
telephone number<PHONE_NUMBER> and<PHONE_NUMBER>, fax<PHONE_NUMBER>
or on VHF channel 16 (156.8 Mhz) to seek permission to transit the
zones. If permission is granted, all persons and vessels must comply
with the instructions of the COTP or his designated representative and
proceed at the minimum speed necessary to maintain a safe course while
within the zone.
    (4) The U.S. Coast Guard may be assisted in the patrol and
enforcement of the zones by Federal, State, and local agencies.

    (d) Notice of enforcement. The COTP will cause notice of the
enforcement of the security zone described in this section to be made
by verbal broadcasts and written notice to mariners and the general
public.
    (e) Definitions. As used in this section, designated representative
means any Coast Guard commissioned, warrant, or petty officer who has
been authorized by the COTP to assist in enforcing the security zones
described in paragraph (a) of this section.

    Dated: December 3, 2013.
S.N. Gilreath,
Captain, U.S. Coast Guard, Captain of the Port, Honolulu.
[FR Doc. 2013-31281 Filed 12-27-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 201 (Friday, October 16, 2020)]
[Notices]
[Pages 65901-65902]
[FR Doc No: 2020-23018]

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

UNIFIED CARRIER REGISTRATION PLAN

Sunshine Act Meeting Notice; Unified Carrier Registration Plan
Board Subcommittee Meeting

TIME AND DATE: October 15, 2020, from Noon to 2:00 p.m., Eastern time.

PLACE: This meeting will be accessible via conference call and via Zoom
Meeting and Screenshare. Any interested person may call (i) 1-929-205-
6099 (US Toll) or 1-669-900-6833 (US Toll) or (ii) 1-877-853-5247 (US
Toll Free) or 1-888-788-0099 (US Toll Free), Meeting ID: 977 7025 1485,
to listen and participate in this meeting. The website to participate
via Zoom Meeting and Screenshare is https://kellen.zoom.us/j/97770251485.

STATUS: This meeting will be open to the public.

MATTERS TO BE CONSIDERED: The Unified Carrier Registration Plan
Education and Training Subcommittee (the ``Subcommittee'') will
continue its work in developing and implementing the Unified Carrier
Registration Plan and Agreement. The subject matter of this meeting
will include:

Proposed Agenda

I. Call to Order--Subcommittee Chair

    The Subcommittee Chair will welcome attendees, call the meeting to
order, call roll for the Subcommittee, confirm whether a quorum is
present, and facilitate self-introductions.

II. Verification of Publication of Meeting Notice--UCR Executive
Director

    The UCR Executive Director will verify the publication of the
meeting notice on the UCR website and distribution to the UCR contact
list via email followed by the subsequent publication of the notice in
the Federal Register.

III. Review and Approval of Subcommittee Agenda and Setting of Ground
Rules--Subcommittee Chair

For Discussion and Possible Subcommittee Action
    The Subcommittee Agenda will be reviewed, and the Subcommittee will
consider adoption.
Ground Rules
    [rtarr8] Subcommittee action only to be taken in designated areas
on agenda

IV. Review and Approval of Minutes from the September 17, 2020
Meeting--UCR Operations Manager

For Discussion and Possible Subcommittee Action
    Draft minutes from the September 17, 2020 Subcommittee meeting via
teleconference will be reviewed. The Subcommittee will consider action
to approve.

V. Audit Module Development Discussion with the Education and Training
Subcommittee--UCR Operations Director

    The Subcommittee will discuss and provide updates on development of
the Audit Module.

VI. Other Items--Subcommittee Chair

    The Subcommittee Chair will call for any other items the committee
members would like to discuss.

VII. Adjournment--Subcommittee Chair

    The Subcommittee Chair will adjourn the meeting.
    The agenda will be available no later than 5:00 p.m. Eastern time,
October 8, 2020 at: https://plan.ucr.gov.

CONTACT PERSON FOR MORE INFORMATION: Elizabeth Leaman, Chair, Unified
Carrier Registration Plan Board of

Directors,<PHONE_NUMBER><EMAIL_ADDRESS>
Alex B. Leath,
Chief Legal Officer, Unified Carrier Registration Plan.
[FR Doc. 2020-23018 Filed 10-14-20; 11:15 am]
BILLING CODE 4910-YL-P


[Federal Register Volume 80, Number 87 (Wednesday, May 6, 2015)]
[Rules and Regulations]
[Pages 25946-25950]
[FR Doc No: 2015-10624]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 174

[EPA-HQ-OPP-2014-0454; FRL-9926-23]

Bacillus thuringiensis Cry1A.105 Protein in Soybean; Exemption
From the Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of the Bacillus thuringiensis (B.t.)
Cry1A.105 protein in or on soybean when the protein is used as a plant-
incorporated protectant (PIP) in soybean. Monsanto Company submitted a
petition to EPA under the

Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption
from the requirement of a tolerance. This regulation eliminates the
need to establish a maximum permissible level for residues of B.t.
Cry1A.105 protein in or on soybean.

DATES: This regulation is effective May 6, 2015. Objections and
requests for hearings must be received on or before July 6, 2015, 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: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2014-0454, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Robert McNally, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; main telephone number:<PHONE_NUMBER>; email
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.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 174 through the Government Publishing Office's e-CFR site at
http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file
an objection to any aspect of this regulation and may also request a
hearing on those objections. 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-2014-0454 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
July 6, 2015. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b).
    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 (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2014-0454, by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at  http://www.epa.gov/dockets.

II. Background and Statutory Findings

    In the Federal Register initially on October 24, 2014 (79 FR 63596)
(FRL-9916-03) and then again on December 17, 2014 (79 FR 75111) (FRL-
9918-90), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance
petition (PP 4F8275) by Monsanto Company, 800 North Lindbergh Blvd.,
St. Louis, MO 63167. The petition requested that 40 CFR part 174 be
amended by establishing an exemption from the requirement of a
tolerance for residues of the B.t. Cry1A.105 protein in or on all food
commodities. That document referenced a summary of the petition
prepared by the petitioner Monsanto Company, which is available in the
docket,  http://www.regulations.gov. A comment was received on the
October 24, 2014, notice of filing. EPA's response to this comment is
discussed in Unit VII.C.
    Based on available data, EPA is amending the existing exemption for
residues of B.t. Cry1A.105 protein to include residues in soybean
rather than all food commodities as requested. The reasons for this
change are discussed in Unit VII.D.
    Section 408(c)(2)(A)(i) of 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 exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings, but does not include
occupational exposure. Pursuant to FFDCA section 408(c)(2)(B), in
establishing or maintaining in effect an exemption from the requirement
of a tolerance, EPA must take into account the factors set forth in
FFDCA section 408(b)(2)(C), which require 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. . .
.''
    Additionally, FFDCA section 408(b)(2)(D) requires that 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 performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. First, EPA determines the
toxicity of pesticides. Second, EPA examines exposure to the pesticide
through food, drinking water, and through other exposures that occur as
a result of pesticide use in residential settings.

III. Toxicological Profile

    Consistent with FFDCA section 408(b)(2)(D), 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 acute oral toxicity data demonstrates the lack of mammalian
toxicity at high levels of exposure to the pure B.t. Cry1A.105 protein.
Further, amino acid sequence comparisons showed no similarities between
the B.t. Cry1A.105 protein and known toxic proteins in protein
databases. In addition, the B.t. Cry1A.105 protein was shown to be
substantially degraded by heat when examined by immunoassay. This
instability to heat would also lessen the potential dietary exposure to
intact B.t. Cry1A.105 protein in cooked or processed foods. These
biochemical features along with the lack of adverse results in the
acute oral toxicity test support the conclusion that there is a
reasonable certainty no harm from toxicity will result from dietary
exposure to residues of the B.t. Cry1A.105 protein in the identified
soybean commodities.
    Since the PIP is a protein, allergenic potential was also
considered. Currently, no definitive tests for determining the
allergenic potential of novel proteins exist. Therefore, EPA uses a
weight-of-evidence approach where the following factors are considered:
Source of the trait; amino acid sequence comparison with known
allergens; and biochemical properties of the protein, including in-
vitro digestibility in simulated gastric fluid (SGF) and glycosylation.
This approach is consistent with the approach outlined in the Annex to
the Codex Alimentarius, ``Guideline for the Conduct of Food Safety
Assessment of Foods Derived from Recombinant-DNA Plants.'' The
allergenicity assessment for the B.t. Cry1A.105 protein follows:
    1. Source of the trait. Bacillus thuringiensis is not considered to
be a source of allergenic proteins.
    2. Amino acid sequence. A comparison of the amino acid sequence of
the B.t. Cry1A.105 protein with known allergens showed no significant
overall sequence similarity or identity at the level of eight
contiguous amino acid residues.
    3. Digestibility. The B.t. Cry1A.105 protein was rapidly digested
in less than 30 seconds in simulated mammalian gastric fluid containing
pepsin.
    4. Glycosylation. The B.t. Cry1A.105 protein expressed in soybean
was shown not to be glycosylated.
    5. Conclusion. Considering all of the available information, EPA
has concluded that the potential for the B.t. Cry1A.105 protein to be a
food allergen is minimal.
    The information on the safety of the pure B.t. Cry1A.105 protein
provides adequate justification to address possible exposures in all
soybean crops.

IV. Aggregate Exposures

    In examining aggregate exposure, FFDCA section 408 directs EPA to
consider available information concerning exposures from the pesticide
residue in food and all other non-occupational exposures, including
drinking water from ground water or surface water and exposure through
pesticide use in gardens, lawns, or buildings (residential and other
indoor uses).
    The Agency considered available information on the aggregate
exposure levels of consumers (and major identifiable subgroups of
consumers) to the pesticide chemical residue and to other related
substances. These considerations include dietary exposure under the
tolerance exemption and all other exemptions in effect for the B.t.
Cry1A.105 protein residue, and exposure from non-occupational sources.
Oral exposure may occur at very low levels from ingestion of corn and
soybean products. With respect to drinking water, since the PIP is
integrated into the plant genome and based upon EPA's human health and
environmental assessments for B.t. Cry1A.105 protein (Refs. 1 and 2),
the Agency expects residues in drinking water to be extremely low or
non-existent.
    Exposure via the skin or inhalation is not likely since the plant-
incorporated protectant is contained within plant cells, which
essentially eliminates these exposure routes or reduces exposure by
these routes to negligible. Exposure to infants and children via
residential or lawn use is also not expected because the use sites for
the B.t. Cry1A.105 protein is agricultural.

V. Cumulative Effects From Substances With a Common Mechanism of
Toxicity

    Section 408(b)(2)(D)(v) of 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.''
    Since the B.t. Cry1A.105 protein does not act through a toxic mode
of action, nor does the B.t. Cry1A.105 protein appear to produce a
toxic metabolite produced by other substances, the protein does not
have a common mechanism of toxicity with other substances; therefore,
the requirements of section 408(b)(2)(D)(v) do not apply.

VI. Determination of Safety for U.S. Population, Infants and Children

    FFDCA section 408(b)(2)(C) provides that, in considering the
establishment of a tolerance or tolerance exemption for a pesticide
chemical residue, EPA shall assess the available information about
consumption patterns among infants and children, special susceptibility
of infants and children to pesticide chemical residues, and the
cumulative effects on infants and children of the residues and other
substances with a common mechanism of toxicity. In addition, FFDCA
section 408(b)(2)(C) provides that EPA shall apply an additional
tenfold (10X) margin of exposure (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 exposure (safety) will
be safe for infants and children. This additional margin of exposure
(safety) is commonly referred to as the Food Quality Protection Act
Safety Factor (FQPA SF). In applying this provision, EPA either retains
the default value of 10X or uses a different additional safety factor
when reliable data available to EPA support the choice of a different
factor.
    Based on the information discussed in Unit III., EPA concludes that
there are no threshold effects of concern to infants, children, or
adults from exposure to the B.t. Cry1A.105 protein. As a result, EPA
concludes that no additional margin of exposure (safety) is necessary
to protect infants and children and that not adding any additional
margin of exposure (safety) will be safe for infants and children.

    Therefore, based on the discussion in Unit III. and the supporting
documentation, EPA concludes that there is a reasonable certainty that
no harm will result to the U.S. population, including infants and
children, from aggregate exposure to the residues of the B.t. Cry1A.105
protein in soybean, when it is used as a plant-incorporated protectant.
Such exposure includes all anticipated dietary exposures and all other
exposures for which there is reliable information.

VII. Other Considerations

A. Endocrine Disruptors

    The pesticidal active ingredient is a protein, derived from a
source that is not known to exert an influence on the endocrine system.
Therefore, the Agency is not requiring information on the endocrine
effects of the plant-incorporated protectant at this time.

B. Analytical Enforcement Methodology

    A standard operating procedure for an enzyme-linked Immunosorbent
assay for the detection and quantification of the B.t. Cry1A.105
protein in soybean tissue has been submitted.

C. Response to Comments

    EPA received one comment that is potentially relevant to this
petition. The commenter generally opposed approval of the use of a
Monsanto ``B.t. pip,'' but did not specify any particular PIP or any
particular safety concern. As no specific basis for denying the
petition was provided, the comment is not being further considered.

D. Revisions to Petition for Tolerance

    Monsanto's petition requested an exemption for residues of the B.t.
Cry1A.105 protein in or on all food and feed commodities. However,
based on the data provided, the Agency can only support a safety
finding for residues in or on soybean at this time. Currently, the
Agency does not have adequate information for a full range of crops for
an exemption for the B.t. Cry1A.105 protein in or on all food and feed
commodities.

VIII. Conclusions

    There is a reasonable certainty that no harm will result from
aggregate exposure to the U.S. population, including infants and
children, to residues of the B.t. Cry1A.105 protein in all food and
feed commodities of soybean. This includes all anticipated dietary
exposures and all other exposures for which there is reliable
information. The Agency has arrived at this conclusion because, as
discussed in this unit, no toxicity to mammals has been observed, nor
is there any indication of allergenicity potential for the plant-
incorporated protectant.
    Therefore, an exemption is established for residues of the B.t.
Cry1A.105 protein in or on soybean when the protein is used as a PIP in
soybean. In addition, the Agency is removing the existing paragraph (b)
contained in section 174.502 because that tolerance has expired.

IX. References

1. U.S. EPA. 2014a. Review of Product Characterization and Human
Health Data for Plant-Incorporated Protectant Bacillus thuringiensis
(Bt) Cry2Ab2 and Cry1A.105 Insect Control Protein and the Genetic
Material Necessary for Its Production in MON 87751 and the Combined-
Trait Insect Protected Soybeans in Support for an Experimental Use
Permit, Sec. 3 Registration and Exemptions from the Requirement of a
Tolerance. Memorandum from J. Facey, Ph.D. through J. Kough, Ph.D.
to K. Haymes, Ph.D., dated December 23, 2014.
2. U.S. EPA. 2014b. Environmental Risk Assessment for the FIFRA
Section 3 Seed Increase Registration of the Plant-Incorporated
Protectant (PIP), Bacillus thuringiensis (Bt) Cry1A.105 and Cry2Ab2
Insect Control Proteins and the Genetic Material (PV-GMIR13196)
Necessary for Their Production in Event MON 87751 Soybean.
Memorandum from I. You, Ph.D. through S. Borges to K. Haymes, Ph.D.,
dated December 16, 2014.

X. Statutory and Executive Order Reviews

    This action establishes an exemption from the requirement of a
tolerance under FFDCA section 408(d) 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 action has been exempted from review
under Executive Order 12866, this action is not subject to Executive
Order 13211, entitled ``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 action 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 FFDCA section 408(d), such as the exemption 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 action 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 FFDCA section 408(n)(4). 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 9, 2000), do not apply to this action. In addition,
this action does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act (UMRA) (2 U.S.C. 1501 et seq.).
    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 (NTTAA) (15 U.S.C. 272 note).

XI. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
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
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 174

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

    Dated: April 22, 2015.
Jack Housenger,
Director, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 174--[AMENDED]

0
1. The authority citation for part 174 continues to read as follows:

    Authority: 7 U.S.C. 136-136y; 21 U.S.C. 346a and 371.

0
2. In Sec.  174.502, revise paragraph (b) to read as follows:

Sec.  174.502  Bacillus thuringiensis Cry1A.105 protein; exemption from
the requirement of a tolerance.

* * * * *
    (b) Residues of Bacillus thuringiensis Cry1A.105 protein in or on
soybean are exempt from the requirement of a tolerance when used as a
plant-incorporated protectant in the food and feed commodities of
soybean.

[FR Doc. 2015-10624 Filed 5-5-15; 8:45 am]
 BILLING CODE 6560-50-P


                                 ATTACHMENT C

      Work Sheets used to Calculate Respondent & Agency Labor Costs
This attachment is available as part of the electronic docket EPA-HQ-OPP-2016-0122 and is part of the ICR's Supporting Statement.

Respondent Labor Costs
                   Pesticide Registrants[1] (NAICS: 325300)
Item
                                    Formula
                               Labor Category[2]

                                  Managerial
                                   Technical
                                   Clerical
Unloaded Hourly Rate[1]
 = W
                                    $56.51
                                    $33.43
                                    $19.00
Benefits Percentage[3]
Lb = B/W
                                      46%
                                      46%
                                      46%
Benefits per hour
B = W*Lb
                                     26.17
                                     15.48
                                     8.80
Loaded Hourly Rate
Wb = W + B = W(1+Lb)
                                     82.68
                                     48.91
                                     27.80
Overhead Percentage[4]
Lo = OH/Wb
                                      50%
                                      50%
                                      50%
Overhead per hour
OH = Wb*Lo
                                     41.34
                                     24.46
                                     13.90
Fully Loaded Hourly Rate
Wf = Wb + OH = W + B + OH
                                    124.02
                                     73.37
                                     41.70

 Source: Bureau of Labor Statistics, NAICS 325300 - Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing, 2014 data, Accessed March 2016, http://www.bls.gov/oes/current/naics4_325300.htm
 Standard Occupational Codes:
   Management:  11-0000, Management Occupations
   Technical:        19-0000, Life Physical, and Social Science Occupations
   Clerical:           43-0000, Office and Administrative Support Occupations
 Total benefits/wages based on June 2014 Employer costs for employee compensation, All Civilian nonfarm workers, http://www.bls.gov/news.release/ecec.t02.htm
 U.S. Environmental Protection Agency, EPA Air Pollution Control Cost Manual, Sixth Edition, EPA-452-02-001, January 2002, pp. 2-34.  The loading for indirect costs is within the range of 20-70% of the loaded labor rate (wage + benefits) suggested in EPA guidance.

Agency Labor Costs
                 EPA or Federal Government[1] (NAICS: 999100)
Item
                                    Formula
                               Labor Category[2]

                                  Managerial
                                 Technical[5]
                                   Clerical
Unloaded Hourly Rate[1]
 = W
                                    $56.54
$37.15
                                    $21.15
Unloaded Yearly Wage Rate ($/year)
= W * 2080 (52wks * 40hrs)
                                      n/a
                                    $77,272
                                      n/a
Benefits Percentage[3]
Lb = B/W

                                      46%

Benefits per hour
B = W*Lb

                                   $35,787

Loaded Hourly Rate
Wb = W + B = W(1+Lb)

                                   $113,059

Overhead Percentage[4]
Lo = OH/Wb

                                      50%

Overhead per hour
OH = Wb*Lo

                                   $56,530

Fully Loaded Hourly Rate
Wf = Wb + OH = W + B + OH

                                   $169,589

 Source: Bureau of Labor Statistics, NAICS 999100 - Federal Executive Branch, 2014 data, Accessed March 2016, http://www.bls.gov/oes/current/naics4_999100.htm
 Standard Occupational Codes:
   Management:  11-0000, Management Occupations
   Technical:        19-0000, Life Physical, and Social Science Occupations
   Clerical:           43-0000, Office and Administrative Support Occupations
 Total benefits/wages based on June 2014 Employer costs for employee compensation, All Civilian nonfarm workers, http://www.bls.gov/news.release/ecec.t02.htm
 U.S. Environmental Protection Agency, EPA Air Pollution Control Cost Manual, Sixth Edition, EPA-452-02-001, January 2002, pp. 2-34.  The loading for indirect costs is within the range of 20-70% of the loaded labor rate (wage + benefits) suggested in EPA guidance.
 Only technical is used because the other labor types are not very involved in the reviewing of NOA submissions. The Fully Loaded Hourly Rate will be multiplied by the number of FTEs (full time equivalents) to get the labor cost component of the annual Agency burden.