[Federal Register: August 22, 2007 (Volume 72, Number 162)]
[Notices]
[Page 47023-47026]
[DOCID:fr22au07-103]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2007-0643; FRL-8458-5]

Proposed Approval of the Central Characterization Project's
Remote-Handled Waste Characterization Program at Los Alamos National
Laboratory

AGENCY: Environmental Protection Agency.

ACTION: Notice of availability; opening of public comment period.

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SUMMARY: The Environmental Protection Agency (EPA or we) is announcing
the availability of, and soliciting public comments for 45 days on, the
proposed approval of the radioactive, remote-handled (RH), transuranic
(TRU) waste characterization program implemented by the Central
Characterization Project (CCP) at Los Alamos National Laboratory
(LANL). This waste is intended for disposal at the Waste Isolation
Pilot Plant (WIPP) in New Mexico.
    In accordance with the WIPP Compliance Criteria, EPA evaluated the
characterization of RH TRU debris waste from LANL-CCP during an
inspection conducted the week of May 8, 2007. Using the systems and
processes developed as part of the U.S. Department of Energy's (DOE's)
Carlsbad Field Office (CBFO) program to characterize RH TRU waste, EPA
verified whether DOE could adequately characterize RH TRU waste
consistent with the Compliance Criteria. The results of EPA's
evaluation of the LANL-CCP program and its proposed approval are
described in the Agency's inspection report, which is available for
review in the public dockets listed in ADDRESSES. We will consider
public comments received on or before the due date mentioned in DATES.
    This notice summarizes the waste characterization processes
evaluated by EPA and EPA's proposed approval. As required by the 40 CFR
194.8, at the end of a 45-day comment period EPA will evaluate public
comments received, and if appropriate, finalize the reports responding
to the relevant public comments, and a final report and approval letter
to DOE.

DATES: Comments must be received on or before October 9, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2007-0643, by one of the following methods:
     http://www.regulations.gov: Follow the on-line

instructions for submitting comments.
     E-mail to<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Air and Radiation Docket and Information Center,
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460.
    Instructions: Direct your comments to Attn: Docket ID No. EPA-HQ-
OAR-2007-0643. The Agency'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
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. 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
whose 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
at http://www.regulations.gov.

    As of September 22, 2006, the EPA Docket Center (EPA/DC) Public
Reading Room will be temporarily inaccessible to the public until
November 6, 2006, due to construction. Public access to docket
materials will still be provided. We strongly encourage you to visit
the EPA Dockets Web site frequently (http://www.epa.gov/epahome/dockets.htm
) in order to receive the latest status concerning the

Public Reading Room and public access to docket materials.
    If you wish to obtain materials from a docket in the EPA/DC, please
go first to Regulations.gov (http://www.regulations.gov) and obtain

electronic copies. If the materials are listed in the docket index but
the documents themselves are not available in Regulations.gov, please
call<PHONE_NUMBER> or e-mail the applicable Program Office Docket.
    EPA Docket Center operations will still continue during this
period. In addition to electronic access through regulations.gov,
public inspection of docket materials will be available by appointment
during this period. Appointments may be made by calling<PHONE_NUMBER>
or by e-mailing the appropriate Docket Office.
    If you wish to hand deliver comments during this period, you may
drop them off between the hours of 8:30 a.m. and 4:30 p.m. Eastern
Standard Time (EST), Monday through Friday, excluding Federal holidays
at the EPA Headquarters, Room 6146F in the EPA West Building located at
1301 Constitution Avenue, NW., Washington, DC.
    EPA visitors are required to show photographic identification and
sign the EPA visitor log. After processing

through the X-ray and magnetometer machines, visitors will be given an
EPA/DC badge that must be visible at all times, and be escorted to Room
6146F to drop off comments.
    If you have any other questions concerning the temporary closing of
the EPA/DC Public Reading Room, you may call<PHONE_NUMBER> between the
hours of 8:30 a.m. and 4:30 p.m. Eastern Standard Time.
    These documents are also available for review in hard-copy form at
the following three EPA WIPP informational docket locations in New
Mexico: in Carlsbad at the Municipal Library, Hours: Monday-Thursday,
10 a.m.-9 p.m., Friday-Saturday, 10 a.m.-6 p.m., and Sunday, 1 p.m.-5
p.m., phone number:<PHONE_NUMBER>; in Albuquerque at the Government
Publications Department, Zimmerman Library, University of New Mexico,
Hours: Vary by semester, phone number:<PHONE_NUMBER>; and in Santa Fe at
the New Mexico State Library, Hours: Monday-Friday, 9 a.m.-5 p.m.,
phone number:<PHONE_NUMBER>. As provided in EPA's regulations at 40 CFR
part 2, and in accordance with normal EPA docket procedures, if copies
of any docket materials are requested, a reasonable fee may be charged
for photocopying.

FOR FURTHER INFORMATION CONTACT: Rajani Joglekar or Ed Feltcorn,
Radiation Protection Division, Center for Federal Regulations, Mail
Code 6608J, U.S. Environmental Protection Agency, 1200 Pennsylvania
Avenue, Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>or<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. General Information

A. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of

the information that you claim to be CBI. For CBI information in a disk
or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM
as CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments,
remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.

II. Background

    DOE is developing the WIPP, near Carlsbad in southeastern New
Mexico, as a deep geologic repository for disposal of TRU radioactive
waste. As defined by the WIPP Land Withdrawal Act (LWA) of 1992 (Pub.
L. 102-579), as amended (Pub. L. 104-201), TRU waste consists of
materials that have atomic numbers greater than 92 (with half-lives
greater than twenty years), in concentrations greater than 100
nanocuries of alpha-emitting TRU isotopes per gram of waste. Much of
the existing TRU waste consists of items contaminated during the
production of nuclear weapons, such as rags, equipment, tools, and
sludges.
    TRU waste is itself divided into two categories, based on its level
of radioactivity. Contact-handled (CH) TRU waste accounts for about 97
percent of the volume of TRU waste currently destined for the WIPP. It
is packaged in 55-gallon metal drums or in metal boxes and can be
handled under controlled conditions without any shielding beyond the
container itself. The maximum radiation dose at the surface of a CH TRU
waste container is 200 millirems per hour. CH waste primarily emits
alpha particles that are easily shielded by a sheet of paper or the
outer layer of a person's skin.
    Remote-handled (RH) TRU waste emits more radiation than CH TRU
waste and must therefore be both handled and transported in shielded
casks. Surface radiation levels of unshielded containers of remote-
handled transuranic waste exceed 200 millirems per hour. RH waste
primarily emits gamma radiation, which is very penetrating and requires
concrete, lead, or steel to block it.
    On May 13, 1998, EPA announced its final compliance certification
decision to the Secretary of Energy (published May 18, 1998, 63 FR
27354). This decision stated that the WIPP will comply with EPA's
radioactive waste disposal regulations at 40 CFR part 191, Subparts B
and C.
    The final WIPP certification decision includes conditions that (1)
Prohibit shipment of TRU waste for disposal at WIPP from any site other
than the Los Alamos National Laboratories (LANL) until the EPA
determines that the site has established and executed a quality
assurance program, in accordance with Sec. Sec.  194.22(a)(2)(i),
194.24(c)(3), and 194.24(c)(5) for waste characterization activities
and assumptions (Condition 2 of Appendix A to 40 CFR Part 194); and (2)
(with the exception of specific, limited waste streams and equipment at
LANL) prohibit shipment of TRU waste for disposal at WIPP (from LANL or
any other site) until EPA has approved the procedures developed to
comply with the waste characterization requirements of Sec.
194.22(c)(4) (Condition 3 of Appendix A to 40 CFR part 194). The EPA's
approval process for waste generator sites is described in Sec.  194.8
(revised July 2004).
    Condition 3 of the WIPP Certification Decision requires EPA to
conduct independent inspections at DOE's waste generator/storage sites
of their TRU waste characterization capabilities before approving their
program and the waste for disposal at the WIPP. EPA's inspection and
approval process gives EPA (a) Discretion in establishing technical
priorities, (b) the ability to accommodate variation in the site's
waste characterization capabilities, and (c) flexibility in scheduling
site WC inspections.
    As described in section 194.8(b), EPA's baseline inspections
evaluate each WC process component (equipment, procedures, and
personnel training/experience) for its adequacy and appropriateness in
characterizing TRU waste destined for disposal at WIPP. During an
inspection, the site demonstrates its capabilities to characterize TRU
waste(s) and its ability to comply with the regulatory limits and
tracking requirements under Sec.  194.24. A baseline inspection may
describe any limitations on approved waste streams or waste
characterization processes

[Sec.  194.8(b)(2)(iii)]. In addition, a baseline inspection approval
must specify what subsequent WC program changes or expansion should be
reported to EPA [Sec.  194.8(b)(4)]. The Agency is required to assign
Tier 1 (T1) and Tier 2 (T2) to the reportable changes depending on
their potential impact on data quality. A T1 designation requires that
the site must notify EPA of proposed changes to the approved components
of an individual WC process (such as radioassay equipment or
personnel), and EPA must also approve the change before it can be
implemented. A WC element with a T2 designation allows the site to
implement changes to the approved components of individual WC processes
(such as visual examination procedures) but requires EPA notification.
The Agency may choose to inspect the site to evaluate technical
adequacy before approval. EPA inspections conducted to evaluate T1 or
T2 changes are follow-up inspections under the authority of Sec.
194.24(h). In addition to the follow-up inspections, if warranted, EPA
may opt to conduct continued compliance inspections at TRU waste sites
with a baseline approval under the authority of Sec.  194.24(h).
    The site inspection and approval process outlined in Sec.  194.8
requires EPA to issue a Federal Register notice proposing the baseline
compliance decision, docket the inspection report for public review,
and seek public comment on the proposed decision for a period of 45
days. The report must describe the WC processes EPA inspected at the
site, as well as their compliance with Sec.  194.24 requirements.
    EPA previously issued a preliminary approval of DOE's general
framework for characterizing RH waste on March 26, 2004 (Docket A-98-
49, Item II-B2-21). This approval requires DOE to provide site-specific
RH waste characterization plans and characterization procedures for EPA
approval prior to implementing them for characterizing RH waste.

III. Proposed Baseline Compliance Decision

    EPA has performed a baseline inspection of RH TRU waste
characterization activities at LANL-CCP (EPA Inspection No. EPA-LANL-
CCP-RH-5.07-8). The purpose of EPA's inspection was to verify that the
RH waste characterization program implemented at LANL-CCP for
characterizing RH TRU, retrievably-stored, debris waste is adequate for
the 16 RH waste canisters. EPA evaluated whether the RH waste
characterized meets the regulatory requirements at 40 CFR 194.24.
    This inspection was different from previous RH baseline inspections
conducted at Idaho National Laboratory (INL) and Argonne National
Laboratory East (ANL-E) (see Docket ID No. EPA-HQ-OAR-2006-0881), as
well as previous contact-handled (CH) baseline inspections. Generally,
EPA's RH and CH baseline inspections evaluate WC programs for technical
adequacy and when approved the TRU sites would continue to implement
the approved program components to characterize additional wastes on an
ongoing basis. However, the characterization activities within the
scope of this inspection had occurred at LANL in the 1990's and were
completed prior to this inspection. This inspection's sole focus was to
evaluate the records that had been assembled to document WC activities,
including recently performed modeling, interpretation, and further
calculations based on previously-generated RH measurement data for a
LANL RH debris waste stream No. LA-MHD03.002. There will be no further
waste characterization activities relative to this waste, and this
proposed approval is directed to a discrete set of canisters within
this LANL RH debris waste stream, as supported by the documentation the
EPA inspection team evaluated during this inspection. Note that this is
a retrospective approval of LANL RH debris waste characterization
activities knowing that no additional RH debris waste will be
characterized by LANL CCP in the future based on this baseline
approval.
    The purpose of the LANL-CCP RH WC inspection was to evaluate the
adequacy of the site's WC programs for 16 canisters in a single RH
debris waste stream for disposal at WIPP. The 16 canisters of RH debris
in this waste stream were generated from the examination of fuel pins
at the LANL Chemical, Metallurgical Research (CMR) facility from 1970
through 1984. In the early 1990's, wastes derived from examination of
these fuel pins were loaded into 364 1\1/2\-gallon steel cans that were
welded shut. These 364 cans were later assembled into 12 canisters and
four other canisters were assembled with bulk-loaded debris from the
same activities. The WC activity examined during the inspection was
acceptable knowledge (AK) for these 16 canisters of RH retrievably-
stored TRU debris (S5000) waste. CCP has assured EPA that these 16
sealed canisters will be disposed of ``as is'' at WIPP and will not be
repackaged with any other RH debris waste.
    The EPA inspection team determined that the records documenting
LANL-CCP's RH WC program represented activities that were technically
adequate. EPA, therefore, is proposing to approve the LANL-CCP RH WC
program for the 16 RH TRU canisters in LANL RH Waste Stream No. LA-
MHD03.002 evaluated during this baseline inspection described and
documented in this report. The approval includes the following:
    (1) The AK process for 16 canisters of RH retrievably-stored TRU
debris in the waste stream designated LANL RH Waste Stream No. LA-
MHD03.002.
    (2) The radiological characterization (RC) process using dose-to-
fissile gram, dose-to-curie (DTC), curie-to-dose and modeling-derived
scaling factors for assigning radionuclide values to 16 canisters of RH
retrievably-stored TRU debris in one waste stream, designated as LANL
RH Waste Stream No. LA-MHD03.002 and documented in CCP-AK-LANL-501,
Revision 0 and detailed in this report.
    Since no additional WC activities that will occur relative to the
16 canisters of RH debris waste, changes to the WC activities evaluated
during the baseline inspection are not expected to occur. Accordingly,
this report does not list any tiering (T1 or T2) designations relative
to this waste and waste characterization components proposed for the
approval.

IV. Availability of the Baseline Inspection Report for Public Comment

    EPA has placed the report discussing the results of the Agency's
inspection of LANL-CCP in the public docket as described in ADDRESSES.
In accordance with 40 CFR 194.8, EPA is providing the public 45 days to
comment on these documents. The Agency requests comments on the
proposed approval decision, as described in the inspection report. EPA
will accept public comment on this notice and supplemental information
as described in section 1.B. above. EPA will not make a determination
of compliance before the 45-day comment period ends. At the end of the
public comment period, EPA will evaluate all relevant public comments
and revise the inspection report as necessary. If appropriate, the
Agency will then issue a final approval letter and inspection report,
both of which will be posted on the WIPP Web site.
    Information on the certification decision is filed in the official
EPA Air Docket, Docket No. A-93-02 and is available for review in
Washington, DC, and at the three EPA WIPP informational docket
locations in New

Mexico (as listed in ADDRESSES). The dockets in New Mexico contain only
major items from the official Air Docket in Washington, DC, plus those
documents added to the official Air Docket since the October 1992
enactment of the WIPP LWA.

    Dated: August 16, 2007.
Elizabeth Cotsworth,
Director, Office of Radiation and Indoor Air.
[FR Doc. E7-16612 Filed 8-21-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 229 (Friday, November 28, 2014)]
[Notices]
[Page 70862]
[FR Doc No: 2014-28109]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER10-2881-016; ER10-2882-016; ER10-2883-016; ER10-
2884-016; ER10-2886-016; ER10-2641-016; ER10-2663-016; ER10-2886-016;
ER13-1101-011; ER13-1541-010; ER14-787-004; ER14-661-003.
    Applicants: Alabama Power Company, Southern Power Company,
Mississippi Power Company, Georgia Power Company, Gulf Power Company,
Oleander Power Project, Limited Partnership, Southern Company--Florida
LLC, Southern Turner Cimarron I, LLC, Spectrum Nevada Solar, LLC, Campo
Verde Solar, LLC, Macho Springs Solar, LLC, SG2 Imperial Valley LLC.
    Description: Notification of Non-Material of Change in Status of
Alabama Power Company, et. al.
    Filed Date: 11/20/14.
    Accession Number: 20141120-5096.
    Comments Due: 5 p.m. ET 12/11/14.

    Docket Numbers: ER14-1386-004.
    Applicants: California Independent System Operator Corporation.
    Description: Compliance filing per 35: 2014-11-19_EIM_Compliance to
be effective 10/24/2014.
    Filed Date: 11/19/14.
    Accession Number: 20141119-5160.
    Comments Due: 5 p.m. ET 12/10/14.

    Docket Numbers: ER14-2968-001.
    Applicants: Louisville Gas and Electric Company.
    Description: Tariff Amendment per 35.17(b): EKPC NITSA Amendment to
be effective 12/1/2014.
    Filed Date: 11/19/14.
    Accession Number: 20141119-5158.
    Comments Due: 5 p.m. ET 12/10/14.
    Docket Numbers: ER15-447-000.
    Applicants: Hawkes Meadow Energy, LLC.
    Description: Request for Limited Waiver of Hawkes Meadow Energy,
LLC.
    Filed Date: 11/19/14.
    Accession Number: 20141119-5195.
    Comments Due: 5 p.m. ET 12/10/14.

    Docket Numbers: ER15-448-000.
    Applicants: SG2 Imperial Valley LLC.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): SG2
Amendment Filing to be effective 11/21/2014.
    Filed Date: 11/20/14.
    Accession Number: 20141120-5082.
    Comments Due: 5 p.m. ET 12/11/14.

    Docket Numbers: ER15-449-000.
    Applicants: Southern California Edison Company.
    Description: Tariff Withdrawal per 35.15: Notices of Cancellation
of Several Service Agmts for Wholesale Distrb Service to be effective
1/20/2015.
    Filed Date: 11/20/14.
    Accession Number: 20141120-5101.
    Comments Due: 5 p.m. ET 12/11/14.

    Docket Numbers: ER15-450-000.
    Applicants: Duke Energy Florida, Inc.
    Description: Initial rate filing per 35.12 City of Fort Meade NITSA
SA No. 152 to be effective 1/1/2015.
    Filed Date: 11/20/14.
    Accession Number: 20141120-5102.
    Comments Due: 5 p.m. ET 12/11/14.

    Docket Numbers: ER15-451-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2014-
11-20_SA 2649 Termination Geronimo-ITC J281/J282 GIA to be effective
11/21/2014.
    Filed Date: 11/20/14.
    Accession Number: 20141120-5115.
    Comments Due: 5 p.m. ET 12/11/14.

    Take notice that the Commission received the following electric
reliability filings:
    Docket Numbers: RR15-3-000.
    Applicants: North American Electric Reliability Corporation.
    Description: North American Electric Reliability Corporation
Petition for Approval of the Amendments to Exhibit B of the Amended and
Restated Delegation Agreement with Florida Reliability Coordinating
Council, Inc.-the FRCC Bylaws.
    Filed Date: 11/19/14.
    Accession Number: 20141119-5186.
    Comments Due: 5 p.m. ET 12/10/14.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: November 20, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-28109 Filed 11-26-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 85 (Monday, May 4, 2015)]
[Rules and Regulations]
[Page 25233]
[FR Doc No: 2015-10373]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-0241]

Drawbridge Operation Regulation; Oakland Inner Harbor Tidal
Canal, Alameda, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Alameda County highway drawbridge
at Park Street across the Oakland Inner Harbor, mile 5.2, at Alameda,
CA. The deviation is necessary to allow the bridge owner to make
necessary repairs and rehabilitation of the bridge. This deviation
allows single leaf operation of the double leaf, bascule-style
drawbridge during the deviation period.

DATES: This deviation is effective from 8:30 p.m. on May 11, 2015 to 5
a.m. on August 14, 2015.

ADDRESSES: The docket for this deviation, [USCG-2015-0241], is
available at 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 deviation. 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 deviation, call or email David H. Sulouff, Chief, Bridge
Section, Eleventh Coast Guard District; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Cheryl Collins, Program Manager, Docket Operations, telephone 202-
366-9826.

SUPPLEMENTARY INFORMATION: Alameda County has requested a temporary
change to the operation of the Alameda County highway bridge at Park
Street, mile 5.2, over Oakland Inner Harbor, at Alameda, CA. The
drawbridge navigation span provides horizontal clearance of 241 feet
between pier fenders. During single leaf operation, horizontal
clearance is reduced to approximately 100 feet. The drawbridge provides
a vertical clearance of 15 feet above Mean High Water in the closed-to-
navigation position and unlimited vertical clearance in the open-to-
navigation position. As required by 33 CFR 117.181, the draw opens on
signal; except that, from 8 a.m. to 9 a.m. and 4:30 p.m. to 6:30 p.m.
Monday through Friday except Federal holidays, the draw need not be
opened for the passage of vessels. However, the draw shall open during
the above closed periods for vessels which must for reasons of safety,
move on a tide or slack water, if at least two hours notice is given.
Navigation on the waterway is commercial, recreational, emergency and
law enforcement vessels.
    During the deviation period, the drawspan will be operated with
only one leaf between 8:30 p.m. and 5 a.m., Sunday through Thursday,
while the opposite leaf will be secured in the closed-to-navigation
position for rehabilitation. A two hour advance notice will be required
from vessel operators for a double leaf opening. At night and on
weekends, the drawbridge will resume the normal double leaf operation,
when work is not being performed on the bridge. This temporary
deviation has been coordinated with the waterway users. No objections
to the proposed temporary deviation were raised.
    Vessels able to pass through the bridge in the closed position may
do so at anytime. The bridge will be able to open for emergencies and
there is no immediate alternate route for larger vessels to pass. The
Coast Guard will also inform the waterway users via our Local and
Broadcast Notices to Mariners of the change in operating schedule for
the bridge so vessel operators can arrange their transits to minimize
any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: April 24, 2015.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard District.
[FR Doc. 2015-10373 Filed 5-1-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 178 (Thursday, September 13, 2018)]
[Rules and Regulations]
[Pages 46405-46407]
[FR Doc No: 2018-19959]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2017-0525; FRL-9983-31]

Pepino Mosaic Virus, Strain CH2, Isolate 1906; 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 Pepino mosaic virus, strain CH2, isolate 1906
in or on tomato when this pesticide chemical is used in accordance with
label directions and good agricultural practices. Interregional
Research Project Number 4 submitted a petition to EPA under the Federal
Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from a
requirement of a tolerance. This regulation eliminates the need to
establish a maximum permissible level for residues of Pepino mosaic
virus, strain CH2, isolate 1906 in or on tomato under FFDCA.

DATES: This regulation is effective September 13, 2018. Objections and
requests for hearings must be received on or before November 13, 2018,
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-2017-0525, 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 protected].

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 180 through the Government Printing 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-2017-0525 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
November 13, 2018. 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-2017-0525, 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

    In the Federal Register of December 15, 2017 (82 FR 59604) (FRL-
9970-50), 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 7E8567) by Interregional Research Project Number 4 (IR-4),
Rutgers, The State University of New Jersey, 500 College Road East,
Suite 201 W, Princeton, NJ 08540. The petition requested that 40 CFR
part 180 be amended by establishing an exemption from the requirement
of a tolerance for residues of the microbial pesticide Pepino mosaic
virus, strain CH2, isolate 1906 in or on tomato. That document
referenced a summary of the petition prepared by the petitioner IR-4
and available in the docket via http://www.regulations.gov. Comments
were received on the notice of filing. EPA's response to these comments
is discussed in Unit III.C.

III. Final Rule

A. EPA's Safety Determination

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement of 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 or tolerance exemption 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 EPA consider ``available information concerning the
cumulative effects of [a particular pesticide's] . . . residues and

other substances that have a common mechanism of toxicity.''
    EPA evaluated the available toxicological and exposure data on
Pepino mosaic virus, strain CH2, isolate 1906 and considered their
validity, completeness, and reliability, as well as the relationship of
this information to human risk. A full explanation of the data upon
which EPA relied and its risk assessment based on those data can be
found within the document entitled ``Federal Food, Drug, and Cosmetic
Act (FFDCA) Safety Determination for Pepino mosaic virus, strain CH2,
isolate 1906'' (Safety Determination). This document, as well as other
relevant information, is available in the docket for this action as
described under ADDRESSES.
    The available data demonstrated that in regard to humans Pepino
mosaic virus, strain CH2, isolate 1906 is not likely to be toxic or
pathogenic, is not infective, and is not able to replicate in human
cells. Furthermore, humans, including infants and children,
continuously consume plant viruses, including Pepino mosaic virus,
strain CH2, isolate 1906, due to the ubiquitous nature of these viruses
in plants and fruits, and no cases have been documented of any plant
virus causing toxicity or diseases in humans or animals. Although there
may be some exposure to residues of Pepino mosaic virus, strain CH2,
isolate 1906 that are used on tomato in accordance with label
directions and good agricultural practices, such exposure is unlikely
to cause any adverse effects. EPA also determined in the Safety
Determination that retention of the Food Quality Protection Act (FQPA)
safety factor was not necessary as part of the qualitative assessment
conducted for Pepino mosaic virus, strain CH2, isolate 1906.
    Based upon its evaluation in the Safety Determination, 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 residues of Pepino mosaic virus, strain CH2, isolate 1906.
Therefore, an exemption from the requirement of a tolerance is
established for residues of Pepino mosaic virus, strain CH2, isolate
1906 in or on tomato when this pesticide chemical is used in accordance
with label directions and good agricultural practices.

B. Analytical Enforcement Methodology

    An analytical method is not required because EPA is establishing an
exemption from the requirement of a tolerance without any numerical
limitation.

C. Response to Comments

    Three comments were received in response to the notice of filing.
EPA reviewed the comments and determined that they are irrelevant to
the tolerance exemption in this action.

IV. Statutory and Executive Order Reviews

    This action establishes a tolerance exemption under FFDCA section
408(d) in response to a petition submitted to EPA. 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) nor is it considered a regulatory
action under Executive Order 13771, entitled ``Reducing Regulations and
Controlling Regulatory Costs'' (82 FR 9339, February 3, 2017). This
action does not contain any information collections subject to OMB
approval under the Paperwork Reduction Act (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 tolerance
exemption in this action, do not require the issuance of a proposed
rule, the requirements of the Regulatory Flexibility Act (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. As a result, this
action does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, EPA 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, EPA 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 (2 U.S.C.
1501 et seq.).
    This action does not involve any technical standards that would
require EPA's consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (15 U.S.C. 272 note).

V. 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 180

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

    Dated: September 6, 2018.
Richard P. Keigwin, Jr.,
Director, Office of Pesticide Programs.

    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. Add Sec.  180.1361 to subpart D to read as follows:

Sec.  180.1361  Pepino mosaic virus, strain CH2, isolate 1906;
exemption from the requirement of a tolerance.

    Residues of Pepino mosaic virus, strain CH2, isolate 1906 are
exempt from the requirement of a tolerance in or on tomato when this
pesticide chemical is used in accordance with label directions and good
agricultural practices.

[FR Doc. 2018-19959 Filed 9-12-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: January 11, 2010 (Volume 75, Number 6)]
[Notices]
[Page 1449-1450]
[DOCID:fr11ja10-109]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2009-0289]

Qualification of Drivers; Exemption Applications; Diabetes

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to exempt forty-one individuals
from its rule prohibiting persons with insulin-treated diabetes
mellitus (ITDM) from operating commercial motor vehicles (CMVs) in
interstate commerce. The exemptions will enable these individuals to
operate CMVs in interstate commerce.

DATES: The exemptions are effective January 11, 2010. The exemptions
expire on January 11, 2012.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Room W64-224,
Department of Transportation, 1200 New Jersey Avenue, SE., Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday
through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of DOT's dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, or other
entity). You may review DOT's complete Privacy Act Statement in the
Federal Register (65 FR 19477, Apr. 11, 2000). This statement is also
available at http://Docketinfo.dot.gov.

Background

    On October 29, 2009, FMCSA published a notice of receipt of Federal
diabetes exemption applications from forty-one individuals and
requested comments from the public (74 FR 55890). The public comment
period closed on November 30, 2009, and no comments were received.
    FMCSA has evaluated the eligibility of the forty-one applicants and
determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to, or greater than, the level
that would be achieved by complying with the current regulation 49 CFR
391.41(b)(3).

Diabetes Mellitus and Driving Experience of the Applicants

    The Agency established the current standard for diabetes in 1970
because several risk studies indicated that diabetic drivers had a
higher rate of crash involvement than the general population. The
diabetes rule provides that ``A person is physically qualified to drive
a commercial motor vehicle if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control'' (49 CFR 391.41(b)(3)).
    FMCSA established its diabetes exemption program, based on the
Agency's July 2000 study entitled ``A Report to Congress on the
Feasibility of a Program to Qualify Individuals with Insulin-Treated
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the
Transportation Act for the 21st Century.'' The report concluded that a
safe and practicable protocol to allow some drivers with ITDM to
operate CMVs is feasible. The September 3, 2003 (68 FR 52441) Federal
Register Notice in conjunction with the November 8, 2005 (70 FR 67777)
Federal Register Notice provides the current protocol for allowing such
drivers to operate CMVs in interstate commerce.
    These forty-one applicants have had ITDM over a range of 1 to 41
years. These applicants report no hypoglycemic reaction that resulted
in loss of consciousness or seizure, that required the assistance of
another person, or resulted in impaired cognitive function without
warning symptoms in the past 5 years (with one year of stability
following any such episode). In each case, an endocrinologist has
verified that the driver has demonstrated willingness to properly
monitor and manage his/her diabetes, received education related to
diabetes management, and is on a stable insulin regimen. These drivers
report no other disqualifying conditions, including diabetes-related
complications. Each meets the vision standard at 49 CFR 391.41(b)(10).
    The qualifications and medical condition of each applicant were
stated and discussed in detail in the October 29, 2009, Federal
Register Notice; therefore, they will not be repeated in this notice.

Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the diabetes standard in 49 CFR 391.41(b)(3) if the exemption is
likely to achieve an equivalent or greater level of safety than would
be achieved without the exemption. The exemption allows the applicants
to operate CMVs in interstate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA
considered medical reports about the applicants' ITDM and vision, and
reviewed the treating endocrinologists' medical opinion related to the
ability of the driver to safely operate a CMV while using insulin.
    Consequently, FMCSA finds that in each case exempting these
applicants from the diabetes standard in 49 CFR 391.41(b)(3) is likely
to achieve a level of safety equal to that existing without the
exemption.

Conditions and Requirements

    The terms and conditions of the exemption will be provided to the

applicants in the exemption document and they include the following:
(1) That each individual submit a quarterly monitoring checklist
completed by the treating endocrinologist as well as an annual
checklist with a comprehensive medical evaluation; (2) that each
individual reports within 2 business days of occurrence, all episodes
of severe hypoglycemia, significant complications, or inability to
manage diabetes; also, any involvement in an accident or any other
adverse event in a CMV or personal vehicle, whether or not it is
related to an episode of hypoglycemia; (3) that each individual provide
a copy of the ophthalmologist's or optometrist's report to the medical
examiner at the time of the annual medical examination; and (4) that
each individual provide a copy of the annual medical certification to
the employer for retention in the driver's qualification file, or keep
a copy in his/her driver's qualification file if he/she is self-
employed. The driver must also have a copy of the certification when
driving, for presentation to a duly authorized Federal, State, or local
enforcement official.

Discussion of Comments

    FMCSA received no comments in this proceeding.

Conclusion

    Based upon its evaluation of the forty-one exemption applications,
FMCSA exempts, Richard A. Becker, David M. Bridges, Eric M. Butz,
Gerald F. Crowley, Paul J. Dematas, Scott J. Denham, Larry E.
Dickerson, Lance W. Essex, Ferral F. Ford, David E. Ginter, William H.
Goebel, Joseph L. Gray, III., Ryan R. Harris, Carroll J. Hartsell,
James S. Heinen, Rita A. Hopman, Shelton P. Huber, Keith M. Huels,
Daniel R. Jackson, Ricky D. Jameson, Michael A. Johnson, Justin D.
Jones, Curtis W. Keelin, Jr., Andrew S. Knight, Patrick J. Krueger,
Tammy L.F. Manuel, Francisco J. Martinez, Alan J. Maza, Allan C. Moore,
Andrew W. Myer, Robert R. Napier, Chad A. Nelson, David W. Olson, Mark
Otto, Mark E. Pascoe, Terry L. Riddell, Rodney R. Rupe, Darrell S.
Seibold, Roger L. Summerfield, Daren D. White, and Jimmy P. Wright from
the ITDM standard in 49 CFR 391.41(b)(3), subject to the conditions
listed under ``Conditions and Requirements'' above.
    In accordance with 49 U.S.C. 31136(e) and 31315 each exemption will
be valid for two years unless revoked earlier by FMCSA. The exemption
will be revoked if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315. If the exemption is
still effective at the end of the 2-year period, the person may apply
to FMCSA for a renewal under procedures in effect at that time.

    Issued on December 22, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-197 Filed 1-8-10; 8:45 am]
BILLING CODE 4910-EX-P