[Federal Register Volume 85, Number 162 (Thursday, August 20, 2020)]
[Notices]
[Page 51427]
[FR Doc No: 2020-18280]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ID-5806-003]

Deggendorf, Michael L.; Notice of Filing

    Take notice that on August 13, 2020, Michael L. Deggendorf,
submitted for filing, application for authority to hold interlocking
positions, pursuant to section 305(b) of the Federal Power Act, 16
U.S.C. 825d(b) (2018) and Part 45 of the Federal Energy Regulatory
Commission's (Commission) Rules of Practice and Procedure, 18 CFR part
45.8 (2019).
    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.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Comment Date: 5:00 p.m. Eastern Time on September 3, 2020.

    Dated: August 14, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-18280 Filed 8-19-20; 8:45 am]
BILLING CODE 6717-01-P


Page 1 of 14 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D. C. 20460 OFFICE OF PREVENTION, PESTICIDES AND TOXIC SUBSTANCES January 31, 2002 MEMORANDUM FROM: Kathryn Boyle, CoChair IIFG and Kerry Leifer, CoChair IIFG TO: Robert Forrest, Chief Minor Use, Inerts, and Emergency Response Branch SUBJECT: November 13, 2001 and December 18, 2001 Meeting of the IIFG Decision Memo Please find attached the Inert Ingredient Focus Group recommendations for the inert ingredients associated with the "weathered materials" grouping. Page 2 of 14 INERT INGREDIENT FOCUS GROUP MEETING November 13, 2001 and December 18, 2001 Chemical Name: Several, see below.

Category: Weathered materials.

CAS Reg. No.: Several, see below.

PC Code: Several, see below.

Introduction:

There were two meetings of the Inert Ingredient Focus Group to discuss the "weathered materials" grouping. The first was held on November 13, 2001, and the second on December 18, 2001. Focus Group members in attendance at both meetings were: Kathryn Boyle (RD), Kerry Leifer (RD), Michael Doherty (HED), Pauline Wagner (HED), Diana Locke (HED), Sid Abel (EFED), and Mark Perry (SRRD). Robert Forrest (RD), Tom Brennan (HED), Henry Craven (EFED), and Larry Schnaubelt (SRRD) were present for the November 13 meeting only. Kelly O'Rourke (HED) attended only the December 18 meeting. The presenters were: Kathryn Boyle (RD) and Sid Abel (EFED). The Executive Secretary for the November 13 meeting was Linda Gerber (RD). Also in attendance at the November 13 meeting were: John Redden (RD), Jeanie McAndrew (RD), Christina Jarvis (RD), and Carol Christensen (HED). Jeanie McAndrew also attended the December 18 meeting.

At both meetings the available information on various weathered materials were discussed to determine if sufficient information were available to make tolerance reassessment decisions assessment on the various materials and to make the determination as to whether the various materials should be classified as List 4A or List 4B substances. The available information consisted of information retrieved from various websites, such as, °EPA( www. epa. gov), °CDC( www. atsdr. cdc. gov/ toxprofiles/), °NIOSH,( www. cdc. gov/ niosh/ ipcsneng/ neng0000.html) and (www. cdc. gov/ niosh/ npg/ npg. html) ° TOXNET ( www. toxnet. nlm. nih. gov.), Page 3 of 14 °NTP( ntp server. niehs. nih. gov.), °Firstgov( www. firstgov. gov/), °IARC( www. iarc. fr/)

Additional information included parts of the FDA GRAS assessment of sodium silicoaluminate.. Also, SAR (structure activity relationship) assessments as performed by OPPT were available for some of the oxides and silicates.

Three handouts were provided at the meeting on the 13th: (1) a listing of the substances for which there are existing tolerance exemptions; (2) a short summary dividing the substances into 15 groups for discussion purposes; and (3) the following description/ explanation of weathered materials.

Description of Weathered Materials Weathered materials is the term that the Agency is using to describe a group of substances that could also be referred to as rocks and minerals. Generally, weathered materials are decayed or weathered rocks that are mostly unrefined, i. e., not altered or manufactured by man. When referring to weathered materials as mostly unrefined, the Agency is including the mechanical grinding of larger rocks into smaller pieces that are essentially the same, but not the chemical or physical alteration of the rock into a different substance.

A mineral is a naturally occurring, inorganic solid substance characterized by a definite chemical composition or a range of chemical compositions and by a specific, regular architecture of the atoms that make it up. Simply put, minerals are chemicals arranged in an orderly regular pattern to form a substance that cannot be separated mechanically, i. e., by crushing, into different substances. Quartz, a very common mineral, is made of the basic elements silicon and oxygen. By simply crushing the quartz, silicon and oxygen cannot be separated; but crushed finely, quartz is a major component of the sand found at the beach or in the soil around our homes. Some minerals can be seen with the naked eye especially in coarse grain rocks, but others need magnifying glasses or powerful microscopes to be seen. There are several thousand minerals, each with characteristic chemical and physical properties.

Minerals are the building blocks of rocks. Minerals can be combined, aggregated, in a great variety of patterns just as bricks may make up a walkway in an infinite array of schemes. Rocks are not as uniquely defined by their properties as minerals because of the immense number of ways the thousands of minerals can be combined. The major divisions of rocks are igneous (formed from cooling magmas), sedimentary (formed from the settling, cementing and compacting of eroding igneous and metamorphic rock), and metamorphic (igneous or sedimentary rock that has undergone change due to heat and pressure). Weathered materials are derived from these major groups.

Rocks are "weathered" by a twofold process, mechanical weathering (the physical Page 4 of 14 breakdown, grinding, of the rocks into smaller pieces), and chemical weathering (the breaking of the chemical bonds between elements). Both processes operate together, each assisting the other in the slow progress of decomposing the rock to materials such as sands and clays or dissolving the rock altogether as happens when water flows over limestone. The smaller the rock pieces, the greater the surface area, the faster the breakdown. Over great periods of time, the weathering of rocks may become the great deposits of weathered minerals that are mined or become part of the soils in the gardens that are around our homes.

The conditions (climate) under which this weathering occurs can determine the minerals formed. Feldspar of granite (an igneous rock) may decay to form kaolinite, a common mineral and in its pure form, a raw material for everyday pottery and china. Under certain climatic conditions, kaolinite will dissolve leaving a solid residue called gibbsite. Gibbsite makes up the great deposits of bauxite, the earthy ore known as the major source of extractable aluminum. Phosphate rocks (marine shale and limestones enriched in phosphate – both sedimentary rocks) are the major raw materials of the fertilizer industry, but are also components of the natural soils along the coastal plain of the major continents.

The remnants of rock are all around us in our daily life: they are the materials in and of the earth. We are exposed to them in a variety of ways every day. It is the decay and weathering of rocks that give us the soils in which we grow our food and the ore deposits that provide the materials of everyday life.

Ecotoxicity, and Environmental Fate and Effects:

This presentation was performed by Sid Abel.

EFED's hazard characterization was based on the fact that all of these substances are naturally occurring. Since these are naturally occurring substances, no adverse environmental effects are anticipated.

Toxicology Data This presentation was performed by Kathryn Boyle (RD) based on the information contained in the previously mentioned websites. A brief summation of the available information( see below) was given for each of the groups. If available, the CAS Reg. No. is given in parenthesis. Comments made during the discussion that pertained only to a specific group are in italics below. Current List classification is also in (italics).

1. Calcium carbonate (471 34 1) (4A): The weathered materials would be: chalk, marble, calcite (13397 26 7), limestone (1317 65 3)( 4A), magnesium lime, and could even include oyster shells and calcareous shale. Also includes dolomite (16389 88 1)( 4A) which is calcium magnesium carbonate.  No concerns identified Page 5 of 14 2. Carbon in various forms: Includes carbon, graphite (7782 42 5)( 4A), and activated charcoal (7440 44 0).  Activated charcoal is not pure carbon. It is not absorbed, but can adsorb other drugs and chemicals on its surface  Carbon RED 1991 examined carbon and graphite, but did not include activated charcoal.

3. Gypsum also referred to as natural calcium sulfate (13397 24 5) (4A), plaster of paris which is hydrated calcium sulfate (26499 65 0), and calcium sulfate (7778 18 9) (10101 41 4)( 4B):  Ingestion of plaster of paris per se with little water may result in obstruction with resultant surgical removal It was determined that this type of ingestion is probably not a concern for pesticide products.  Irritant  Calcium sulfate is the most common of the naturally occurring sulfates and is FDA GRAS  Gypsum is used to treat alkali soils Plaster of Paris (total dust), calcium sulfate (total dust), and gypsum (total dust) Chemical Sampling Information Cards described the threshold limit value for all three chemicals as particulate matter containing no asbestos and less than 1% crystalline silica.

4. Lime (12001 27 3)( 4A), which is calcium oxide (1305 78 8)( 4B):  Dust is irritating to nose and throat  Some inhalation concerns  CaO is a food additive (GRAS with no limitations) Can be purchased for non pesticidal home use 5. Vermiculite (hydrated laminar magnesium aluminum iron silicate) (1318 00 9)( 4A) There can be asbestos contamination: Discussion focused on ways to define asbestos free vermiculite.

After the first meeting, information was obtained from the Schindler Company website (www. schundler. com) and the Agency's Asbestos Contaminated Vermiculite Fact Sheet. Vermiculite (a hydrated laminar magnesium aluminum iron silicate), like most other naturallyoccurring materials, often contain a range of other minerals including, in some cases, asbestos. However, it is known that only a few vermiculite deposits contain more than trace amounts of asbestos. (Example: Libby) EPA has tested samples of vermiculite to determine the amounts of asbestos present. Most samples were non detect (no detectable levels of asbestos) using a quantifiable level of 0.1 percent by weight. The vermiculite industry has also tested various vermiculite ores with similar results.

6. Bentonite (1302 78 9)( 4A) or Montmorillonite Clay (1318 93 0)( 4A): Page 6 of 14  Practically non toxic  Biologically inert when ingested  Some lung irritation (not silicosis) after years of exposure  aka Fuller's earth (8031 18 3) (claylike material composed primarily of montmorillonite); low/ moderate concern (SAR)

7. Attapulgite clay (12174 11 7)( 4A) (complex metallic (magnesium aluminum) silicate), also known as palygorskite:  Long fibers are carcinogenic (> 5 um) when inhaled  Short fibers are not carcinogenic (< 5 um)  Medical Uses (activated attapulgite)  Absorbent in pet litter  Not absorbed from GI tract  has colloidal and sorptive properties Discussion focused on ways to check the fiber size 8. Kaolin (1332 58 7)( 4A) which are aluminum silicates.  Inert after oral administration  Medicinal uses  Some inhalation concerns, kaolinosis  Kaolin RED Kaolin Chemical Sampling Information Card described kaolin as not classifiable as to carcinogenicity, with the comment for particulate matter containing no asbestos and less than 1% crystalline silica (respirable fraction).

9. Silicon dioxide: includes crystalline forms: silica/ quartz (14808 60 7), cristobalite (14464 46 1)( 3), tridymite (15468 32 3), tripoli (1317 95 9); includes amorphous silica (112926 00 8, 76313 69 5, 7631 86 9), sand (3), diatomaceous earth (61790 53 2)( 4B), granite, vitreous silica (60676 86 0)( 4B) and silica gel (63231 67 4, 112926 00 8)( 4B).  Considered to be inert when ingested  Crystalline forms are carcinogenic when inhaled from occupational sources  Cristobalite is moderate concern (SAR)  Silicosis occurs by prolonged and extensive exposure to respirable free crystalline silica.  Food additive/ feed additive Information was also obtained from the 9 th Report on Carcinogens (revised January 2001): "Inhalation of excessive levels of crystalline silica is best known as a cause of pneumoconiosis, an occupational lung disease. It is unclear whether the carcinogenic risk of crystalline silica is because it is a traditional carcinogen that interacts with nuclear macromolecules or because of an epigenetic process associated with cell damage and healing." Page 7 of 14 10. Talc (14807 96 6)( 3) is a finely powdered magnesium silicate hydroxide, also known as steatite:  The nonasbestiform cosmetic grade was determined to be carcinogenic.  Talc pneumoconiosis  Soapstone (1343 90 4)( 4A) is a granular form of talc.  Pyrophyllite (12269 78 2)( 4B) is a hydrous aluminum silicate with a structure similar to that of talc; it is a color additive mixture for drugs and cosmetics exempt from certification Both forms of talc (asbestiform and non asbestiform) have been proposed for review for listing in the 10 th Report on Carcinogens. Additional information was found on the NIOSH Sampling Guide which described talc as "containing no asbestos and less than 1% quartz". OSHA Chemical Sampling Information Cards have two descriptions of talc "containing asbestos" and "containing no asbestos". While the CAS Reg. Nos. are the same, the descriptors are different, with the first being described as carcinogenic, and the second being described as not classifiable as to carcinogenicity, with the comment for particulate matter containing no asbestos and less than 1% crystalline silica (respirable fraction). The International Chemical Safety Card refers to "Talc (exempt de silice et de fibres)"

11. Mica (12003 38 2)( 4A) (hydrated potassium aluminum silicate) and feldspar (potassium aluminum silicate)( 68476 25 5), low/ moderate concern (SAR)  Pneumconiosis The OSHA Chemical Sampling Information Card referred to a value for particulate matter containing no asbestos and less than 1% crystalline silica (respirable fraction). Also, a different CAS Reg. No. was referenced: 12001 26 2 12. Zeolites (3)

Zeolites are crystalline alumino silicate minerals with cage like crystal structures. This is probably the most extensive family of minerals in the earth's crust. (1318 02 1, 12173 10 3, 12271 42 0, 67240 23 7, 12173 98 7, 12445 20 4, 66732 10 3, 68652 75 5, 12174 18 4, 61027 84 7, 66733 09 3, 68989 22 0, 68989 23 1, and 79982 98 2) There are both naturallyoccurring and synthetic versions of zeolites. Both can be fibrous or non fibrous. Terms used to describe zeolites include clinoptilolite, mordenite, and phillipsite. The SAR assessment performed by OPPT indicated moderate concern for the 68989 22 0 form of zeolite.

One form, erionite (66733 21 9), was determined to be carcinogenic, by IARC (8 th Annual Report on Carcinogens). Erionite consists of crystals, and is not know to occur in other than fibrous form. When administered by inhalation erionite induces plural mesotheliomas. Natural erionite has been replaced by synthetic non fibrous zeolites. Erionite is not known to be currently in use in the US. Page 8 of 14 13. Refined silicates Refined silicates (both hydrous and anhydrous forms) are not the naturally occurring forms of silicate, but the more refined chemicals that are either derived from the naturally occurring forms or manufactured specifically through the reaction of other chemicals for selling in commerce. According to information in the FDA's GRAS assessment of silicates, there are at least 30 to 40 silicate compounds that could be consumed by humans. Most silicon compounds (except potassium and sodium) are insoluble or only slightly soluble in water:  Sodium (1344 09 8, 6834 92 0, and 10213 79 3)( 4B) forms a gelatinous (very alkaline) mixture in water, corrosive, extreme eye irritant; also a sodium metasilicate (10213 79 3, 13870 28 5, and 15593 82 5) which is more caustic than sodium  Calcium (1344 95 2)( 4B) is GRAS with limitations, in pharmaceuticals; also a tricalcium form which is used in cement; occurs naturally as wollastonite (13983 17 0) moderate concern (SAR)  Magnesium (14987 04 3, 1343 88 0, 13776 74 4, and 1343 90 4)( 4B) is classified as practically non toxic; low/ moderate concern (SAR)  Sodium aluminum (12003 51 9 and 1344 00 9) has low ecotoxicity, negative for mutagenicity, silicon excreted in rats; it was the predominate silicate added to foods in the US in 1979; low/ moderate concern (SAR)  Potassium aluminum (1327 44 2) is moderate concern (SAR)  Potassium (1312 76 1)( 3)  Sodium potassium aluminum (12736 96 8, 37244 96 5)( 3)  Aluminum (1327 36 2) is low/ moderate concern (SAR); hydrated (1335 30 4)( 3)  Aluminum calcium silicate  Aluminum magnesium silicate (1327 43 1)( 3)  Perlite (93763 70 3) (a naturally occurring polysilicate/ glass)

14. Refined Oxides:  Metal fume fever: produced by inhalation of metal ions at high temperatures from occupational exposures such as cutting and welding Fumes are only produced at high temperatures. Therefore, should not be a concern when used in a pesticide product.  Zinc (1314 13 2)( 4B) is also known as C. I. pigment white 4; no concerns identified in SAR; used in sunscreen products and calamine lotion; positive mutagenicity results were reported in two studies; no evidence of carcinogenicity was found in feeding zinc oxide at 34.4 mg zinc per day to rats for 29 weeks; in rats growth is retarded at 1% zinc oxide and developmental impacts occurred at 4000 ppm; used as an animal feed nutritional supplement; Zinc Salts RED indicated that people are usually not exposed to such large amounts of zinc through the diet  Aluminum (1344 28 1)( 4B) is low/ moderate (SAR) for health, high for Page 9 of 14 ecotoxicity (this was the only 3)  Magnesium (1309 48 4)( 4B) is low concern (SAR), mutagenicity studies were negative  Iron also known as rust (1345 25 1, 1309 37 1, 1317 61 9 and 12259 21 1)( 4B) is low concern (SAR); inhalation if iron oxide can cause siderosis which is a benign condition (takes 6 to10 years to get and can be slowly cleared from rat lungs; IARC monograph  not classifiable (Group 3)  Iron magnesium oxide (12068 86 9)( 3)  Zinc iron oxide (12063 19 3)( 3)

15. Sulfur (7704 34 9) (3):  Used as a fertilizer or soil amendment  1991 RED  low toxicity  EPA designation under 40 CFR 180.2  MSDS indicates airborne exposure limits have not been established.

Discussion By consensus, the group determined that these materials are generally, with some exceptions, low toxicity substances. There would be no concerns for ecotoxicity, or for most dietary or dermal human exposure. All existing tolerance exemptions can be reassessed.

However, there are inhalation concerns for some of these substances. Several of these substances have suspected or documented chronic inhalation exposure/ risk issues including carcinogenicity, silicosis or pneumoconiosis. At the November 13 meeting, the IIFG did not come to a complete conclusion for these inhalation concerns. In response to these concerns, Tom Brennan (HED) researched how these inhalation exposure/ risk concerns, that are of concern in industrial settings, might translate to exposure/ risk concerns of these same materials used as an inert ingredients in pesticides. His analysis is summarized in the paragraph below:

Generally mining, processing, packaging and transporting weathered materials are full time industrial occupations that may lead to daily exposures over the course of many years. These industrial activities will create exposures to the raw (extracted) product as well as more refined products. It is very likely that routine worker activities will create the possibility of routine exposure to respirable sized particles. By contrast, mixing/ loading and applying granular or dust pesticide products that have these same weathered materials will not have the same level or types of exposures. The first major difference is the time and duration of exposure. For most cases the pesticide applicators will not be exposed on a daily basis. In fact, it is much more likely that pesticide applicators, both professional operators and homeowners, will have only short term exposures (i. e., those occurring for 1 day to a month – over a year's time). Additionally, the applicator's exposure to the inert ingredient is in a formulated product – not the raw weathered material. Page 10 of 14 Classification of an inert ingredient to List 4A means that the inert can be used in 25( b) deregulated products, without the need for acute end product toxicity testing for the Agency to determine the appropriate labeling language. Thus, List 4A reclassification requires consideration of other routes of exposure for the pesticide product. The List 4A classification would depend not only on the dietary exposure, but also on the likelihood of dermal and/ or inhalation concerns.

There is various information from OSHA/ NIOSH (Occupational Safety and Health Administration/ National Institute for Occupational Safety and Health), such as that on a Chemical Sampling Information Card or an International Safety Card. A threshold limit value (TLV) s is a limit on inhalation exposure in the workplace (40 years, usually 8 hours per day). Generally a level of 10 mg/ m 3 is considered to be a nuisance level dust standard, which implies for inhalation concerns, that the chemical is non toxic, not irritating. TLVs are developed exclusively for occupational settings, assuming healthy workers. It is possible that the general public could be more susceptible. IIFG believes that TLVs are sufficient for use as benchmarks.

TLVs and other endpoints such as NIOSH RELs (recommended exposure limits) or OSHA PELs (permissible exposure limits) were obtained from various sources such as the Chemical Sampling Information Cards. All units are mg/ m 3 . The TWA (time weighted average) is usually for 8 hours. If information were available for both the total dust and the respirable dust, then the total dust was used. (See below)

attapulgite not established bentonite 10 OSHA PEL: 15 calcium carbonate 10 (TWA) NIOSH REL: 10 (TWA) calcium oxide 2 NIOSH REL: 2 calcium silicate NIOSH REL: 10 (TWA) calcium sulfate 10 (TWA) NIOSH REL: 10 graphite, natural 2 (TWA) NIOSH REL: 2. 5 (TWA) graphite, synthetic 15 (TWA) gypsum 10 (TWA) NIOSH REL: 10 (TWA) iron oxide not established kaolin 10 (TWA) limestone 10 (TWA) NIOSH REL: 10 (TWA) magnesium oxide 10 (TWA fume) marble 10 (TWA) NIOSH REL: 10 (TWA) mica 3 (TWA) NIOSH REL: 3 (TWA) montmorillonite not established perlite 10 (TWA) sand 0.05 (TWA) silica, amorphous 10 silica, amorphous, NIOSH REL: 6 (TWA) diatomaceous earth silica, amorphous, NIOSH REL: 6 (TWA) Page 11 of 14 precipitated and gel silica, crystalline cristobalite 0. 05 (TWA) NIOSH REL: 0. 05 (TWA) silica, crystalline quartz 0. 1 (TWA) NIOSH REL: 0. 05 (TWA) silica, crystalline tripoli 0. 1 (TWA) NIOSH REL: 0. 05 (TWA) silica, crystalline tridymite 0. 05 (TWA) NIOSH REL: 0. 05 (TWA) silica, fused 0. 1 (TWA) NIOSH REL: 0. 05 (TWA) silica, quartz NIOSH REL: 0.05 (TWA) soapstone 6 (TWA) NIOSH REL: 6 (TWA) sodium metasilicate none listed sulfur none listed talc (asbestos free) 2 (TWA) NIOSH REL: 2 (TWA) talc 0. 1 fiber/ cc (100 min TWA) vermiculite not established zinc oxide 10 (TWA) NIOSH REL: 5 (TWA)

At the December 18 meeting the group discussed using information such as TLVs to perform a screen level inhalation assessment. Kelly O'Rourke (HED) developed such an inhalation screen for residential exposures for comparison with TLVs. Weathered materials are oftentimes used as solid carriers or diluents. Therefore, for these screening level exposure assessments it was assumed the product was a granular formulation and that the weathered material comprised 100% of the formulation. Two scenarios were considered: broadcast treatment of half an acre taking approximately 1 hour, and spot treatment of 1000 square feet taking approximately half an hour. The point estimate for broadcast treatment is 0. 18 mg/ m 3 and for spot treatment is 0.6 mg/ m 3 . It was necessary to convert these point estimates to a time weighted average over 8 hours for comparison to time weighted averages such as TLVs. The weighted average is 0. 023 mg/ m 3 for broadcast and 0.038 mg/ m 3 for spot treatment. For most of the substances the estimated weighted averages are less than the TLVs by at least two orders of magnitude. However, for some substances for which there was already information indicative of inhalation concerns, the lowest TLVs (0. 05 mg/ m 3 and 0. 01 mg/ m 3 for sand and various crystalline silicas) are in the range of the estimated weighted averages. Such substances would not be considered for List 4A classification.

There was also a concern for the use of aluminum oxide due to aquatic ecotoxicty. According to the OPPT Chemical Categories Report, soluble salts of aluminum are known to be highly toxic to green algae and moderately toxic to fish and aquatic invertebrates. A screening level assessment was performed to determine the maximum application rate for aluminum oxide to avoid exceeding estimated toxicity endpoints for aquatic organisms. This assessment assumed the direct application of a pesticide containing aluminum oxide to either a farm pond or to a shallow waterbody or wetland. The lowest application rate that would not exceed a level of concern was 2. 1 pounds of aluminum oxide per acre. Aluminum oxide will be classified as List 4B.

IIFG Recommendations Page 12 of 14 By consensus there were no objections to the following:

All existing tolerance exemptions can be reassessed. In 40 CFR 180.2 lime and sulfur. In 40 CFR 180.1001( c): aluminum oxide , attapulgite type clay; bentonite; calcareous shale; calcite; calcium carbonate; calcium oxide; calcium silicate; charcoal, activated; diatomite (diatomaceous earth); dolomite, granite, graphite, gypsum, iron oxide; kaolinite type clay; magnesium lime; magnesium oxide; magnesium silicate; mica; montmorillonite type clay; potassium aluminum silicate; pyrophyllite; sand; silica, hydrated; soapstone; sodium aluminum silicate; sodium metasilicate; sodium silicate; talc; vermiculite; zeolite (hydrated alkali aluminum silicate); and zinc oxide. In 40 CFR 180.1001( d): graphite. In 40 CFR 180.1001( e): attapulgite type clay; calcium carbonate; calcium silicate, hydrated calcium silicate; calcium sulfate; diatomite (diatomaceous earth); graphite; iron oxide; kaolinite type clay; magnesium silicate, hydrated magnesium silicate; montmorillonite type clay; silica, hydrated silica; silica aerogel (finely powdered microcellular silica foam having a minimum silica content of 89. 5 %); soapstone; sulfur; talc; and zinc oxide. Also 40 CFR 180.1017.

Tolerance exemptions maybe established for those chemicals evaluated for which there is not currently an existing exemption.

By consensus the following List classifications have been determined:

1. Calcium carbonate, chalk, marble, calcite, limestone, magnesium lime, and dolomite: List 4A based on the fact that no concerns were identified.

2. Activated charcoal: List 4B given its adsorptive properties. Carbon and graphite: List 4A given the properties of and lack of toxicity of carbon.

3. Gypsum, plaster of paris, and calcium sulfate: List 4A with the following specification: (no asbestos, less than 1% crystalline silica).

4. Lime: List 4A since agricultural lime is prepared by calcining materials consisting largely of calcium carbonate such as limestone, or oyster, clam or fossil shells. Carbon dioxide is driven off. Thus, agricultural lime contains the original impurities in the starting materials. This material is openly available for purchase in lawn and garden centers. Calcium oxide: List 4B given the liberation of heat and dehydration of tissues possible from this more refined material.

5. Vermiculite: List 4A with the following specification: no asbestos, less than 1% crystalline silica 6. Bentonite, Montmorillonite clay, and Fuller's earth : List 4A based on the fact that no concerns were identified. Page 13 of 14 7. Attapulgite clay: Reclassified to List 4B based on carcinogenic concerns for fibers greater in length than 5 um.

8. Kaolin: List 4A based on the RED, with the following specification: (no asbestos, less than 1% crystalline silica ( respirable fraction))

9. Crystalline forms of silica/ quartz including cristobalite, tridymite, and tripoli: List 4B based on concerns for carcinogenicity when inhaled. Granite: List 4B based on the fact that it contains 25 to 30% quartz. Silica sand and flours: List 4B based on the many forms and varieties available which contain crystalline quartz in various amounts Amorphous silica, vitreous silica, and silica gel: List 4A given that there are no carcinogenic concerns for non crystalline forms of silica/ quartz. Diatomaceous earth: List 4A when specified as silica, amorphous, diatomaceous earth (less than 1% crystalline silica)

10. Talc: List 4B based on concerns for carcinogenicity in the NTP study which was performed with non asbestiform cosmetic grade talc, with the following specification (no asbestos, less than 1% crystalline silica ( respirable fraction)) Soapstone: List 4A given that it is a granular form of talc. Pyrophillite: List 4B given its similarities to talc, and the lack of information on its carcinogenicity.

11. Mica: List 4A with the following specification (no asbestos, less than 1% crystalline silica ( respirable fraction)).

12. Natural and synthetic zeolites: List 4A with an exclusion for erionite due to concerns for carcinogenicity.

13. Sodium silicate and sodium metasilicate: List 4B given the corrosive, caustic nature of the chemical. Potassium silicate: List 4B given its similarities to sodium silicate. Calcium silicate: List 4A given the SAR assessment, the low ecotoxicity, and the role of calcium in bone formation. Magnesium silicate: List 4A given the SAR assessment, the low ecotoxicity, and that magnesium is an essential nutrient. Aluminum silicate: List 4A given the SAR assessment and the low ecotoxicity. Sodium aluminum silicate: List 4A given its low ecotoxicity and the SAR assessment. Potassium aluminum silicate: List 4A given the SAR assessment and its similarities to sodium aluminum silicate. Sodium potassium aluminum silicate: List 4A given the above assessments. Aluminum calcium silicate: List 4A based on the assessments for aluminum and calcium. Aluminum magnesium silicate: List 4A based on the assessments for aluminum and Page 14 of 14 magnesium. Perlite: List 4A with the following specification: (no asbestos, less than 1% crystalline silica ( respirable fraction)).

14. Zinc oxide: List 4A given the SAR assessment, the RED, and that zinc is an essential nutrient. Aluminum oxide: List 4B given that the SAR assessment is low/ moderate for health and high for ecotoxicity (this was the only 3) Magnesium oxide: List 4A given the SAR assessment and that magnesium is an essential nutrient Iron oxide: List 4A given the low concern in the SAR assessment Iron magnesium oxide: List 4A based on the assessments for iron oxide and magnesium oxide. Zinc iron oxide: List 4A based on the assessments for iron oxide and zinc oxide.

15. Sulfur: List 4A based on the low toxicity, the fact that it is metabolized in the body, and the RED.


[Federal Register Volume 86, Number 220 (Thursday, November 18, 2021)]
[Notices]
[Pages 64595-64597]
[FR Doc No: 2021-25113]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2021-0035; Notice 1]

Michelin North America, Inc., Receipt of Petition for Decision of
Inconsequential Noncompliance

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

ACTION: Receipt of petition.

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SUMMARY: Michelin North America, Inc. (``MNA''), has determined that
certain Michelin Primacy Tour A/S replacement passenger car tires do
not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No.
139, New Pneumatic Radial Tires for Light Vehicles. MNA filed an
original noncompliance report dated March 25, 2021, and subsequently,
MNA petitioned NHTSA on April 7, 2021, for a decision that the subject
noncompliance is inconsequential as it relates to motor vehicle safety.
This notice announces receipt of MNA's petition.

DATES: Send comments on or before December 20, 2021.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.
     Hand Delivery: Deliver comments by hand to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m.
except for Federal holidays.
     Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
     Comments may also be faxed to<PHONE_NUMBER>.
    Comments must be written in the English language and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
    All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
    All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the docket. The docket ID number for this petition is shown
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000 (65 FR 19477-78).

FOR FURTHER INFORMATION CONTACT: Abraham Diaz, General Engineer, NHTSA,
Office of Vehicle Safety Compliance,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Overview

    MNA has determined that certain Michelin Primacy Tour A/S
replacement passenger car tires do not fully comply with the
requirements of paragraph S5.5.1(b) of FMVSS No. 139,

New Pneumatic Radial Tires for Light Vehicles (49 CFR 571.139). MNA
filed a noncompliance report dated March 25, 2021, pursuant to 49 CFR
part 573, Defect and Noncompliance Responsibility and Reports. MNA
subsequently petitioned NHTSA on April 7, 2021, for an exemption from
the notification and remedy requirements of 49 U.S.C. Chapter 301 on
the basis that this noncompliance is inconsequential as it relates to
motor vehicle safety, pursuant to 49 U.S.C. 30118(d) and 30120(h) and
49 CFR part 556, Exemption for Inconsequential Defect or Noncompliance.
    This notice of receipt of MNA's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any Agency decision or
other exercise of judgment concerning the merits of the petition.

II. Tires Involved

    Approximately 1,196 Michelin Primacy Tour A/S replacement passenger
car tires, size 235/65R18 106H, manufactured between January 3, 2021,
and January 23, 2021, were identified by MNA as being potentially
involved, however, MNA clarified that 1,139 tires were captured and
retained in MNA's inventory. Any decision on this petition will only
apply to the approximately 57 tires that MNA no longer controlled at
the time it determined that the noncompliance existed.

III. Noncompliance

    MNA explains that the noncompliance is due to a mold error in which
the subject tires contain a tire identification number (TIN) with an
inverted plant code and, therefore, do not comply with the requirements
specified in paragraph S5.5.1(b) of FMVSS No. 139.

IV. Rule Requirements

    Paragraph S5.5.1(b) of FMVSS No. 139 includes the requirements
relevant to this petition.
     For tires manufactured on or after September 1, 2009, each
tire must be labeled with the tire identification number required by 49
CFR part 574 on the intended outboard sidewall of the tire.
     Except for retreaded tires, if a tire does not have an
intended outboard sidewall, the tire must be labeled with the tire
identification number required by 49 CFR part 574 on one sidewall and
with either the tire identification number or a partial tire
identification number, containing all characters in the tire
identification number except for the date code and, at the discretion
of the manufacturer, any optional code, on the other sidewall.

V. Summary of MNA's Petition

    The following views and arguments presented in this section, ``V.
Summary of MNA's Petition,'' are the views and arguments provided by
MNA. They have not been evaluated by the Agency and do not reflect the
views of the Agency. MNA describes the subject noncompliance and
contends that the noncompliance is inconsequential as it relates to
motor vehicle safety.
    In support of its petition, MNA submitted the following reasoning:
    1. The TIN marking noncompliance does not create any operational
safety risk for the vehicle. The tires comply with applicable FMVSS and
all other applicable regulations.
    2. The incorrect orientation of the TIN plant code has no bearing
on tire performance.
    3. The subject tires are marked with all other markings required
under FMVSS No. 139, such as S5.5(c) maximum permissible inflation
pressure and S5.5(d) maximum load rating. The necessary information is
available on the sidewall of the tire to ensure proper application and
usage.
    4. The subject tires contain the DOT symbol on both sidewalls,
thus, indicating conformance to applicable FMVSS.
[GRAPHIC] [TIFF OMITTED] TN18NO21.095

    6. The plant code orientation discrepancy only exists on the
intended inboard sidewall of the tire. The intended inboard sidewall
has the correct sequence of DOT + plant code + size code + option code
+ manufacturing date, with all characters oriented in the proper
direction.
    7. For identification and traceability purposes the key information
of plant code and manufacturing date is present on the tire.
    8. In the event that dealer/owner notifications are required,
either the intended marking (DOT 1M3) or the actual marking (DOT
inverted ``1M3'') would serve as an identifier of the tire.
    9. Upon identification of the mismarking, Michelin instituted a
block on the affected tires and initiated a sorting of inventories. A
total of 1,139 of the 1,196 tires produced with the incorrect marking
were captured and retained in Michelin inventory.
    10. The plant code plate in the affected mold has been restored to
its correct orientation.
    11. The mismarking has been communicated to Michelin Customer Care
representatives in order to effectively handle any inquiries from
dealers or owners regarding the subject tires.
    12. MNA contends that NHTSA has concluded in other petitions
related to similar TIN marking errors that this type of noncompliance
is inconsequential to safety. Most notably, Cooper Tire & Rubber
Company, 81 FR 43708 (July 5, 2016) petitioned for tires produced with
an inverted date code. MNA states that NHTSA concluded that the
inverted marking did not affect the consumers' ability to identify the
tire and other examples exist where TIN information was incorrect,
missing, or molded in the wrong sequence and NHTSA granted the
petition.
    MNA concludes that the subject noncompliance is inconsequential as
it relates to motor vehicle safety and that its petition to be exempted
from providing notification of the noncompliance, as required by 49
U.S.C. 30118, and a remedy for the noncompliance, as required by 49
U.S.C. 30120, should be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to

file petitions for a determination of inconsequentiality allow NHTSA to
exempt manufacturers only from the duties found in sections 30118 and
30120, respectively, to notify owners, purchasers, and dealers of a
defect or noncompliance and to remedy the defect or noncompliance.
Therefore, any decision on this petition only applies to the subject
tires that MNA no longer controlled at the time it determined that the
noncompliance existed. However, any decision on this petition does not
relieve equipment distributors and dealers of the prohibitions on the
sale, offer for sale, or introduction or delivery for introduction into
interstate commerce of the noncompliant tires under their control after
MNA notified them that the subject noncompliance existed.

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

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2021-25113 Filed 11-17-21; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 85, Number 214 (Wednesday, November 4, 2020)]
[Notices]
[Pages 70145-70146]
[FR Doc No: 2020-24453]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC20-20-000]

Commission Information Collection Activities (Ferc-523); Comment
Request; Extension

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Notice of information collection and request for comments.

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SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is soliciting public comment on a renewal of currently approved
information collection, FERC-523 (Application for Authorization for the
Issuance of Securities or the Assumption of Liabilities).

DATES: Comments on the collection of information are due December 4,
2020.

ADDRESSES: Send written comments on the information collections to OMB
through www.reginfo.gov/public/do/PRAMain. Attention: Federal Energy
Regulatory Commission Desk Officer. Please identify the OMB Control
Number(s) in the subject line of your comments. Comments should be sent
within 30 days of publication of this notice to www.reginfo.gov/public/do/PRAMain.
    A copy of the comments should also be sent to the Commission, in
Docket No. IC20-20-000, by any of the following methods:
     eFiling at Commission's website: http://www.ferc.gov/docs-filing/efiling.asp.
     U.S. Postal Service Mail: Persons unable to file
electronically may mail similar pleadings to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
     Effective 7/1/2020, delivery of filings other than by
eFiling or the U.S. Postal Service should be delivered to Health and
Human Services, 12225 Wilkins Avenue, Rockville, Maryland 20852.
    Instructions:
    OMB submissions must be formatted and filed in accordance with
submission guidelines at www.reginfo.gov/public/do/PRAMain. Using the
search function under the ``Currently Under Review'' field, select
Federal Energy Regulatory Commission; click ``submit,'' and select
``comment'' to the right of the subject collection.
    FERC submissions must be formatted and filed in accordance with
submission guidelines at: http://www.ferc.gov. For user assistance,
contact FERC Online Support by email at<EMAIL_ADDRESS>or
by phone at:<PHONE_NUMBER> (toll-free).
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<EMAIL_ADDRESS>telephone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Title: FERC-523, Application for Authorization for the Issuance of
Securities or the Assumption of Liabilities.
    OMB Control No.: 1902-0043.
    Type of Request: Three-year approval of the FERC-523 information
collection requirements with no changes to the current reporting
requirements.
    Abstract: The information collected by FERC-523 is required to
implement the statutory provisions of section 204 of the Federal Power
Act (FPA) (16 U.S.C. 824c). Under section 204 of the FPA, no public
utility or licensee shall issue any security, or assume any obligation
or liability as guarantor, endorser, surety, or otherwise in respect of
any security of another person, until the public utility applies for
and receives Commission approval by order authorizing the issuance or
assumption of the liability. The Commission issues an order if it finds
that such issuance or assumption (a) is for lawful object, within the
corporate purposes of the applicant and compatible with the public
interest, which is necessary or appropriate for or consistent with the
proper performance by the applicant as a public utility, and which will
not impair its ability to perform that service, and (b) is reasonably
necessary or appropriate for such purposes.
    The Commission uses the information contained in filings to
determine its acceptance and/or rejection of applications for
authorization to either issue securities or to assume an obligation or
liability by the public utilities and licensees who submit these
applications.
    The specific application requirements and filing format are found
at 18 CFR part 34, and 18 CFR 131.43 and 131.50. This information is
filed electronically. The 60-day Federal Register notice published on
August 18, 2020 (85 FR 50823) with no comments were received.
    Type of Respondents: Public utilities subject to the Federal Power
Act.

    Estimate of Annual Burden \1\ and cost \2\: The Commission
estimates the reduction in the annual public reporting burden for the
FERC-523, as follows:
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    \1\ Burden is defined as the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. For
further explanation of what is included in the information
collection burden, refer to 5 Code of Federal Regulations 1320.3.
    \2\ Commission staff estimates that the industry's skill set and
cost (for wages and benefits) for FERC-523 are approximately the
same as the Commission's average cost. The FERC 2020 average salary
plus benefits for one FERC full-time equivalent (FTE) is $172,329/
year (or $83.00/hour).

                           FERC-523, Application for Authorization for Issuance of Securities or the Assumption of Liabilities
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                                            Annual number
          Number of respondents              of responses   Total number of   Average burden hrs. & cost    Total annual burden hrs. &       Cost per
                                            per respondent   responses \3\         ($) per response            total annual cost ($)      respondent ($)
(1)                                                   (2)   (1) * (2) = (3)  (4).........................  (3) * (4) = (5).............      (5) / (1))
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57.......................................               1               57   70 hrs.; $5,810.............  3,990 hrs.; $331,170........          $5,810
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    Comments: Comments are invited on: (1) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.
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    \3\ The number of responses has decreased from the collection
renewal in 2017 due to normal fluctuations in industry.

    Dated: October 28, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-24453 Filed 11-3-20; 8:45 am]
BILLING CODE 6717-01-P