[Federal Register Volume 87, Number 103 (Friday, May 27, 2022)]
[Notices]
[Page 32160]
[FR Doc No: 2022-11445]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER22-1930-000]

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

    This is a supplemental notice in the above-referenced proceeding of
Quintessence, LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is June 13, 2022.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: May 23, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-11445 Filed 5-26-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 64 (Wednesday, April 3, 2019)]
[Notices]
[Pages 13031-13032]
[FR Doc No: 2019-06457]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2221-039]

Empire District Electric Company; Notice of Application Accepted
for Filing and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Non-project use of project lands and water.
    b. Project No: 2221-039.
    c. Date Filed: February 28, 2019.
    d. Applicant: Empire District Electric Company (licensee).
    e. Name of Project: Ozark Beach Hydroelectric Project.
    f. Location: The project is located on the White River in Taney
County, Missouri.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Randy Richardson, Plant Manager, Empire
District Electric Company, 3292 State Hwy Y, Forsyth, MO 65653; phone
417-625-6138, [email protected].
    i. FERC Contact: Robert Ballantine at<PHONE_NUMBER>, or
[email protected].
    j. Deadline for filing comments, motions to intervene, and
protests: April 29, 2019.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at [email protected],<PHONE_NUMBER> (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, please
send a paper copy to: Secretary, Federal Energy Regulatory Commission,
888 First Street NE, Washington, DC 20426. The first page of any filing
should include docket number P-2221-039. Comments emailed to Commission
staff are not considered part of the Commission record.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: The licensee requests, on behalf of the
City of Branson, Missouri, that the Commission approve a non-
hydroelectric project use of reservoir water to reflect the in-place,
water withdrawal operation of the City's two drinking water treatment
plants (Cliff Drive and Meadows). The project

license caps the licensee's ability to grant approval of water
withdrawal requests, from the project reservoir, to no more than one
million gallons per day (MGD). Water withdrawals greater that 1 MGD
must be approved by the Commission. The plants currently withdrawal on
average, 3.74 MGD and future expansion would raise the withdrawal to
11.2 MGD.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE, Room 2A, Washington, DC
20426, or by calling<PHONE_NUMBER>. This filing may also be viewed on
the Commission's website at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. You may also register
online at http://www.ferc.gov/docs-filing/esubscription.asp to be
notified via email of new filings and issuances related to this or
other pending projects. For assistance, call<PHONE_NUMBER> or email
[email protected], for TTY, call<PHONE_NUMBER>. A copy is also
available for inspection and reproduction at the address in item (h)
above. Agencies may obtain copies of the application directly from the
applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title COMMENTS; PROTEST, or MOTION TO INTERVENE as
applicable; (2) set forth in the heading the name of the applicant and
the project number of the application to which the filing responds; (3)
furnish the name, address, and telephone number of the person
commenting, protesting or intervening; and (4) otherwise comply with
the requirements of 18 CFR 385.2001 through 385.2005. All comments,
motions to intervene, or protests, must set forth their evidentiary
basis. Any filing made by an intervenor must be accompanied by proof of
service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 385.2010.

    Dated: March 28, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-06457 Filed 4-2-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: February 19, 2009 (Volume 74, Number 32)]
[Notices]
[Page 7718-7719]
[DOCID:fr19fe09-86]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59382; File No. SR-FINRA-2008-064]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Order Approving Proposed Rule Change To Amend NASD
Interpretive Material (IM) 2110-2 (Trading Ahead of Customer Limit
Order)

 February 11, 2009.

I. Introduction

    On December 17, 2008, Financial Industry Regulatory Authority, Inc.
(``FINRA'') (f/k/a National Association of Securities Dealers, Inc.
(``NASD'')) filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend NASD Interpretive Material (IM) 2110-2
(Trading Ahead of Customer Limit Order) with respect to the
determination of the minimum price improvement obligation in an OTC
equity security priced below $1.00 where there is no published current
inside spread or there is only a one-sided quote. The proposed rule
change was published for comment in the Federal Register on December
31, 2008.\3\ The Commission received no comment letters on the proposed
rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 59138 (December 22,
2008), 73 FR 80482.
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    IM-2110-2 (commonly referred to as the ``Manning Rule'') generally
prohibits a member from trading for its own account at prices that
would satisfy a customer's limit order unless the member immediately
thereafter executes the customer limit order at the price at which it
traded for its own account or at a better price. Under amendments to
IM-2110-2 that the Commission approved on September 12, 2008,\4\ and
that became effective on November 11, 2008,\5\ IM-2110-2 sets forth the
minimum level of price improvement, depending on the price of the
customer limit order, that a member must provide in order to trade
ahead of an unexecuted customer limit order without triggering the
protections provided by the Manning Rule.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 58532 (September 12,
2008), 73 FR 54649 (September 22, 2008) (order approving SR-NASD-
2007-041).
    \5\ See Regulatory Notice 08-49 (September 2008).
---------------------------------------------------------------------------

    The minimum price improvement tiers set forth in IM-2110-2 are as
follows:
    (1) For customer limit orders priced greater than or equal to
$1.00, the minimum amount of price improvement required is $0.01 for
NMS stocks and the lesser of $0.01 or one-half (\1/2\) of the current
inside spread for OTC equity securities;
    (2) For customer limit orders priced greater than or equal to $.01
and less than $1.00, the minimum amount of price improvement required
is the lesser of $0.01 or one-half (\1/2\) of the current inside
spread;
    (3) For customer limit orders priced less than $.01 but greater
than or equal to $0.001, the minimum amount of price improvement
required is the lesser of $0.001 or one-half (\1/2\) of the current
inside spread;
    (4) For customer limit orders priced less than $.001 but greater
than or equal to $0.0001, the minimum amount of price improvement
required is the lesser of $0.0001 or one-half (\1/2\) of the current
inside spread;
    (5) For customer limit orders priced less than $.0001 but greater
than or equal to $0.00001, the minimum amount of price improvement
required is the lesser of $0.00001 or one-half (\1/2\) of the current
inside spread;
    (6) For customer limit orders priced less than $.00001, the minimum
amount of price improvement required is the lesser of $0.000001 or one-
half (\1/2\) of the current inside spread; and
    (7) For customer limit orders priced outside the best inside
market, the minimum amount of price improvement required must either
meet the requirements set forth above or the member must trade at a
price at or inside the best inside market for the security.
    Therefore, if a firm is holding a customer limit order to buy
priced at $.75 and the applicable minimum price improvement standard is
$.01, the firm would be permitted to buy at $.76 or higher without
triggering the requirements of IM-2110-2.
    The proposed rule change is intended to provide members with an
alternative method of calculating the minimum price improvement in
cases where a member receives a limit order for an OTC equity security
priced below $1.00 and there is no quoted market. The minimum price-
improvement standards are either a fixed amount as noted above or one-
half (\1/2\) of the current inside spread. However, where there is no
current inside spread, the minimum price-improvement standard defaults
to

the fixed amount which, in certain circumstances, can lead to an
anomalous result. For example, where a member receives a customer limit
order priced at $.01 and there is no current published inside spread,
the minimum price-improvement standard would still be equal to $.01,
which would require the member to sell at $.00 ($.01 minus $.01) or buy
at $.02 ($.01 plus $.01) to avoid triggering the customer limit order
(depending on whether the customer order is a buy or sell order).
Therefore, the current rule could have unduly harsh results,
particulary in cases where the price is near the edge of a tier and
there is no quoted market.
    Accordingly, FINRA proposes to amend IM-2110-2 to provide that, for
the purpose of determining the minimum price improvement obligation
where there is no published current inside spread, member firms may
calculate a current inside spread by contacting and obtaining priced
quotations from at least two unaffiliated dealers. FINRA believes that
obtaining priced quotations from at least two unaffiliated dealers
provides an adequate proxy for an inside spread typically displayed for
an OTC equity security, and notes that members are free to contact more
than two unaffiliated dealers. FINRA also notes that, once the member
has obtained bid and ask prices from at least two unaffiliated dealers,
the proposed rule requires that the highest bid and lowest offer
obtained must be used as the basis for calculating the current inside
spread for purposes of determining the member's minimum price
improvement obligation. In addition, where there is a one-sided quote,
the proposed rule change permits a member to determine the current
inside spread by using the best price obtained from at least two
unaffiliated dealers on the other side of the quote.
    Members must document: (1) The name of each dealer contacted; and
(2) the quotations received that were used as the basis for determining
the current inside spread. FINRA represents that the proposed rule
change would apply solely to minimum price-improvement calculations
under IM-2110-2 and would not implicate other rules or requirements
(e.g., Three Quote Rule).

III. Discussion and Commission's Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities
association.\6\ In particular, the Commission finds that the proposed
rule change is consistent with the provisions of Section 15A(b)(6) of
the Act,\7\ which requires, among other things, that FINRA rules must
be designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, and, in general, to
protect investors and the public interest.
---------------------------------------------------------------------------

    \6\ In approving this proposal, the Commission has considered
the proposed rule's impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
    \7\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

    The Commission believes that the proposed rule change provides a
reasonable method of calculating the current inside spread under IM-
2110-2 for OTC equity securities priced below $1.00 where there is no
current published inside spread or there is only a one-sided quote. The
Commission notes that FINRA members that use the proposed method of
calculating the current inside spread are required to document the name
of each dealer contacted and the quotations received for the purposes
of determining the current inside spread. The Commission believes that
the documentation requirement is important to allow proper oversight of
calculating the current inside spread, when there is no current
published inside spread, or there is only a one-sided quote, in an OTC
equity security priced below $1.00.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\8\ that the proposed rule change (SR-FINRA-2008-064) be, and
hereby is, approved.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-3426 Filed 2-18-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Notices]
[Pages 53875-53877]
[FR Doc No: 2023-16974]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Privacy Act of 1974; System of Records

AGENCY: Federal Energy Regulatory Commission (FERC), Department of
Energy.

ACTION: Notice of a modified system of records.

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

SUMMARY: In accordance with the Privacy Act of 1974, all agencies are
required to publish in the Federal Register a notice of their systems
of records. Notice is hereby given that the

Federal Energy Regulatory Commission (FERC) is publishing notice of
modifications to an existing FERC System of records titled ``Commission
Freedom of Information Act and Privacy Act Request Files'' (FERC 46).

DATES: Comments on this modified system of records must be received no
later than 30 days after date of publication in the Federal Register.
If no public comment is received during the period allowed for comment
or unless otherwise published in the Federal Register by FERC, the
modified system of records will become effective a minimum of 30 days
after date of publication in the Federal Register. If FERC receives
public comments, FERC shall review the comments to determine whether
any changes to the notice are necessary.

ADDRESSES: Comments may be submitted in writing to Federal Energy
Regulatory Commission, Office of External Affairs, 888 First Street NE,
Washington, DC 20426, or electronically to [email protected]. Comments
should indicate that they are submitted in response to Commission
Freedom of Information Act and Privacy Act Request Files (FERC-46).

FOR FURTHER INFORMATION CONTACT: Mittal Desai, Chief Information
Officer & Senior Agency Official for Privacy, Office of the Executive
Director, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Freedom of Information Act (FOIA),
enacted on July 4, 1966, is a statutory law requiring Federal agencies
to provide, to the fullest extent possible, release of agency
information to the public, except to the extent that such records (or
portions of them) are protected from public disclosure by one of nine
exemptions or by one of three special law enforcement record
exclusions. The law provides individuals with a statutory right of
access to certain Federal agency records.
    As required by the Privacy Act of 1974, notice is hereby given that
the Commission is adding additional routine uses and expanding on the
categories of records that FERC collects on individuals to an existing
system of records entitled ``Freedom of Information Act and Privacy Act
Request Files (FERC 46).'' This modification adds five (5) routine uses
and expands on the categories of records collected to include email
address, fax number, legal representation, guardian relationships. The
current SORN has seven categories of Personally Identifiable
Information (PII) that FERC's OEA collects as part of the Freedom of
Information Act (FOIA) and Privacy Act (PA).

SYSTEM NAME AND NUMBER:
    Commission Freedom of Information Act and Privacy Act Request
Files: FERC-46

SECURITY CLASSIFICATION:
    Unclassified

SYSTEM LOCATION:
    Federal Energy Regulatory Commission, Office of External Affairs,
888 First Street NE, Washington, DC. 20426

SYSTEM MANAGER(S):
    FOIA Liaison, Office of External Affairs, Federal Energy Regulatory
Commission, 888 First Street NE, Washington, DC 20426.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Privacy Act of 1974 (5 U.S.C. 552a); the Freedom of Information
Act as amended (5 U.S.C. 552)

PURPOSE(S) OF THE SYSTEM:
    Records in this system of records are maintained for the purpose of
processing an individual's record request made under FOIA and the
Privacy Act. The proposed system of records will assist the Commission
in carrying out its responsibilities under FOIA and the Privacy Act.
The records maintained in the proposed system can originate in both
paper and electronic format.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The following categories of individuals are covered by this system:
all individuals, including legal representatives/guardians, who have
requested records from FERC under the provisions of FOIA and the
Privacy Act; all individuals about whom information has been requested
under FOIA or the Privacy Act; and all individuals whose information
may otherwise be responsive to request for records under FOIA.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Commission records include all documents or records created or
obtained by an agency of the government that are in FERC's possession
and control at the time a FOIA request is received; and information
maintained by FERC pursuant to a government contract for the purposes
of records management. This system of records contains correspondence
and other documents related to requests made by individuals to FERC for
information under the provisions of FOIA, including request for review
of initial denials of such requests; information covered under
provisions of the Privacy Act; requests for review of initial denials
of FOIA or Privacy Act requests; a requester's name telephone number,
physical address, email address, fax number, request number,
description of request, billing information, FOIA/PA tracking number;
FOIA requests and appeals, responses to requests (including unredacted
and redacted responsive records), determination of appeals,
correspondence with requesters and with other persons who have
contacted FERC in connection with requests or appeals.

RECORD SOURCE CATEGORIES:
    Records in the system are obtained from the following: requests and
administrative appeals submitted by individuals and organizations
pursuant to the FOIA and Privacy Act; FERC personnel and officials that
process such requests and appeals.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, information maintained in this system may
be disclosed to authorized entities outside FERC for purposes
determined to be relevant and necessary as a routine use pursuant to 5
U.S.C. 552a(b)(3) as follows:
    1. To appropriate agencies, entities, and persons when (1) FERC
suspects or has confirmed that there has been a breach of the system of
records; (2) FERC has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, the Commission
(including its information systems, programs, and operations), the
Federal Government, or national security; and (3) the disclosure made
to such agencies, entities, and persons is reasonably necessary to
assist in connection with the Commission's efforts to respond to the
suspected or confirmed breach or to prevent, minimize, or remedy such
harm.
    2. To another Federal agency or Federal entity, when FERC
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in (1) responding to
a suspected or confirmed breach or (2) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs, and operations),
the

Federal Government, or national security, resulting from a suspected or
confirmed breach.
    3. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of that individual.
    4. To the Equal Employment Opportunity Commission (EEOC) when
requested in connection with investigations of alleged or possible
discriminatory practices, examination of Federal affirmative employment
programs, or other functions of the Commission as authorized by law or
regulation.
    5. To the Federal Labor Relations Authority or its General Counsel
when requested in connection with investigations of allegations of
unfair labor practices or matters before the Federal Service Impasses
Panel.
    6. To disclose information to another Federal agency, to a court,
or a party in litigation before a court or in an administrative
proceeding being conducted by a Federal agency, when the Government is
a party to the judicial or administrative proceeding. In those cases
where the Government is not a party to the proceeding, records may be
disclosed if a subpoena has been signed by a judge.
    7. To the Department of Justice (DOJ) for its use in providing
legal advice to FERC or in representing FERC in a proceeding before a
court, adjudicative body, or other administrative body, where the use
of such information by the DOJ is deemed by FERC to be relevant and
necessary to the advice or proceeding, and such proceeding names as a
party in interest: (a) FERC; (b) any employee of FERC in his or her
official capacity; (c) any employee of FERC in his or her individual
capacity where DOJ has agreed to represent the employee; or (d) the
United States, where FERC determines that litigation is likely to
affect FERC or any of its components.
    8. To non-Federal Personnel, such as contractors, agents, or other
authorized individuals performing work on a contract, service,
cooperative agreement, job, or other activity on behalf of FERC or
Federal Government and who have a need to access the information in the
performance of their duties or activities.
    9. To the National Archives and Records Administration in records
management inspections and its role as Archivist.
    10. To the Merit Systems Protection Board or the Board's Office of
the Special Counsel, when relevant information is requested in
connection with appeals, special studies of the civil service and other
merit systems, review of OPM rules and regulations, and investigations
of alleged or possible prohibited personnel practices.
    11. To appropriate Federal, State, or local agency responsible for
investigating, prosecuting, enforcing, or implementing a statute, rule,
regulation, or order, if the information may be relevant to a potential
violation of civil or criminal law, rule, regulation, order.
    12. To appropriate agencies, entities, and person(s) that are a
party to a dispute, when FERC determines that information from this
system of records is reasonably necessary for the recipient to assist
with the resolution of the dispute; the name, address, telephone
number, email address, and affiliation; of the agency, entity, and/or
person(s) seeking and/or participating in dispute resolution services,
where appropriate.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are maintained in electronic and paper format. Electronic
records are stored in computerized databases and/or on computer disc.
Paper records and records on computer disc are stored in locked file
rooms and/or file cabinets. In addition, all FERC employees and
contractors with authorized access have undergone a thorough background
investigation. Data access is restricted to agency personnel or
contractors whose responsibilities require access. Access to electronic
records is controlled by Personal Identity Verification (PIV) cards or
multi-factor authentication and/or other network access or security
controls. Role based access is used to restrict electronic data access
and the organization employs the principle of least privilege, allowing
only authorized users with access (or processes acting on behalf of
users) necessary to accomplish assigned tasks in accordance with
organizational missions and business functions.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by the names of the individual requester,
FOIA/PA tracking number, affiliation (where applicable), and subject.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained in accordance with the applicable National
Archives and Records Administration schedules, General Records Schedule
(GRS) 4.2: Information Access and Protection Records Item 020.
Temporary. Destroy six (6) years after final agency action or three (3)
years after final adjudication by the courts, whichever is later, but
longer retention is authorized if required for business use.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    See Policies and Practices.

RECORD ACCESS PROCEDURES:
    Individuals requesting access to the contents of records must
submit a request through the Freedom of Information Act (FOIA) office.
The FOIA website is located at: https://www.ferc.gov/foia. Requests may
be submitted through the following portal: https://www.ferc.gov/enforcement-legal/foia/electronic-foia-privacy-act-request-form.
Written requests for access to records should be directed to: Director,
Office of External Affair, Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426.

CONTESTING RECORD PROCEDURES:
    See Record Access Procedures.

NOTIFICATION PROCEDURES:
    Generalized notice is provided by the publication of this notice.
For specific notice, see Records Access Procedure, above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    During the course of reviewing a FOIA request, exempt materials
from other systems of records may in turn become part of the case
records. To the extent that copies of exempt records from those other
systems of records are entered into this system of records, FERC hereby
claims the same exemptions for the records from those other systems
that are entered into this system, as claimed for the original primary
systems of records of which they are a part. In addition, FOIA lists
the following exemptions, which are provided in 5 U.S.C 552(b).

HISTORY:
    81 FR 61681

    Dated: August 2, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-16974 Filed 8-8-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 218 (Tuesday, November 12, 2013)]
[Notices]
[Pages 67449-67452]
[FR Doc No: 2013-26876]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0094; FMCSA- 2013-0107]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to grant requests from nine
individuals for exemptions from the regulatory requirement that
interstate commercial motor vehicle (CMV) drivers have ``no established
medical history or clinical diagnosis of epilepsy or any other
condition which is likely to cause loss of consciousness or any loss of
ability to control a CMV.'' The regulation and the associated advisory
criteria published in the Code of Federal Regulations as the
``Instructions for Performing and Recording Physical Examinations''
have resulted in numerous drivers being prohibited from operating CMVs
in interstate commerce based on the fact that they have had one or more
seizures and are taking anti-seizure medication, rather than an
individual analysis of their circumstances by a qualified medical
examiner. The Agency concluded that granting exemptions for these CMV
drivers will provide a level of safety that is equivalent to or greater
than the level of safety maintained without the exemptions. FMCSA
grants exemptions that will allow these nine individuals to operate
CMVs in interstate commerce for a 2-year period. The exemptions preempt
State laws and regulations and may be renewed.

DATES: The exemptions are effective November 12, 2013. The exemptions
expire on November 12, 2015.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Division Chief,
Physical Qualifications, Office of Medical Programs,<PHONE_NUMBER>,
<EMAIL_ADDRESS>FMCSA, Department of Transportation, 1200 New
Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office
hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except
Federal holidays.

SUPPLEMENTARY INFORMATION:

A. 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., e.t., 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 (73 FR 3316, January

17, 2008). This statement is also available at http://Docketinfo.dot.gov.

B. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the safety regulations for a 2-year period if it finds ``such
exemption would likely achieve a level of safety that is equivalent to
or greater than the level that would be achieved absent such
exemption.'' The statute also allows the Agency to renew exemptions at
the end of the 2-year period.
    FMCSA grants nine individuals an exemption from the regulatory
requirement in Sec.  391.41(b)(8), to allow these individuals who take
anti-seizure medication to operate CMVs in interstate commerce for a 2-
year period. The Agency's decision on these exemption applications is
based on an individualized assessment of each applicant's medical
information, including the root cause of the respective seizure(s), the
length of time elapsed since the individual's last seizure, and each
individual's treatment regimen. In addition, the Agency reviewed each
applicant's driving record found in the CDLIS,\1\ for CDL holders, and
interstate and intrastate inspections recorded in MCMIS.\2\ For non-CDL
holders, the Agency reviewed the driving records from the State
licensing agency. The Agency acknowledges the potential consequences of
a driver experiencing a seizure while operating a CMV. However, the
Agency believes the drivers covered by the exemptions granted here have
demonstrated that they are unlikely to have a seizure and their medical
condition does not pose a risk to public safety.
---------------------------------------------------------------------------

    \1\ Commercial Driver License Information System (CDLIS) is an
information system that allows the exchange of commercial driver
licensing information among all the States. CDLIS includes the
databases of fifty-one licensing jurisdictions and the CDLIS Central
Site, all connected by a telecommunications network.
    \2\ Motor Carrier Management Information System (MCMIS) is an
information system that captures data from field offices through
SAFETYNET, CAPRI, and other sources. It is a source for FMCSA
inspection, crash, compliance review, safety audit, and registration
data.
---------------------------------------------------------------------------

    In reaching the decision to grant these exemption requests, the
Agency considered both current medical literature and information and
the 2007 recommendations of the Agency's Medical Expert Panel (MEP).
The Agency previously gathered evidence for potential changes to the
regulation at 49 CFR 391.41(b)(8) by conducting a comprehensive review
of scientific literature that was compiled into the ``Evidence Report
on Seizure Disorders and Commercial Vehicle Driving'' (Evidence Report)
[CD-ROM HD TL230.3 .E95 2007]. The Agency then convened a panel of
medical experts in the field of neurology (the MEP) on May 14-15, 2007,
to review 49 CFR 391.41(b)(8) and the advisory criteria regarding
individuals who have experienced a seizure, and the 2007 Evidence
Report. The Evidence Report and the MEP recommendations are published
on-line at http://www.fmcsa.dot.gov/rules-regulations/topics/mep/mep-reports.htm, under Seizure Disorders, and are in the docket for this
notice.

MEP Criteria for Evaluation

    On October 15, 2007, the MEP issued the following recommended
criteria for evaluating whether an individual with epilepsy or a
seizure disorder should be allowed to operate a CMV.\3\ The MEP
recommendations are included in previously published dockets.
---------------------------------------------------------------------------

    \3\ Engel, J., Fisher, R.S., Krauss, G.L., Krumholz, A., and
Quigg, M.S., ``Expert Panel Recommendations: Seizure Disorders and
Commercial Motor Vehicle Driver Safety,'' FMCSA, October 15, 2007.
---------------------------------------------------------------------------

    Epilepsy diagnosis. If there is an epilepsy diagnosis, the
applicant should be seizure-free for 8 years, on or off medication. If
the individual is taking anti-seizure medication(s), the plan for
medication should be stable for 2 years. Stable means no changes in
medication, dosage, or frequency of medication administration.
Recertification for drivers with an epilepsy diagnosis should be
performed every year.
    Single unprovoked seizure. If there is a single unprovoked seizure
(i.e., there is no known trigger for the seizure), the individual
should be seizure-free for 4 years, on or off medication. If the
individual is taking anti-seizure medication(s), the plan for
medication should be stable for 2 years. Stable means no changes in
medication, dosage, or frequency of medication administration.
Recertification for drivers with a single unprovoked seizure should be
performed every 2 years.
    Single provoked seizure. If there is a single provoked seizure
(i.e., there is a known reason for the seizure), the Agency should
consider specific criteria that fall into the following two categories:
low-risk factors for recurrence and moderate-to-high risk factors for
recurrence.
     Examples of low-risk factors for recurrence include
seizures that were caused by a medication; by non-penetrating head
injury with loss of consciousness less than or equal to 30 minutes; by
a brief loss of consciousness not likely to recur while driving; by
metabolic derangement not likely to recur; and by alcohol or illicit
drug withdrawal.
     Examples of moderate-to-high-risk factors for recurrence
include seizures caused by non-penetrating head injury with loss of
consciousness or amnesia greater than 30 minutes, or penetrating head
injury; intracerebral hemorrhage associated with a stroke or trauma;
infections; intracranial hemorrhage; post-operative complications from
brain surgery with significant brain hemorrhage; brain tumor; or
stroke.

The MEP report indicates individuals with moderate to high-risk
conditions should not be certified. Drivers with a history of a single
provoked seizure with low risk factors for recurrence should be
recertified every year.

Medical Review Board Recommendations and Agency Decision

    FMCSA presented the MEP's findings and the Evidence Report to the
Medical Review Board (MRB) for consideration. The MRB reviewed and
considered the 2007 ``Seizure Disorders and Commercial Driver Safety''
evidence report and the 2007 MEP recommendations. The MRB recommended
maintaining the current advisory criteria, which provide that ``drivers
with a history of epilepsy/seizures off anti-seizure medication and
seizure-free for 10 years may be qualified to drive a CMV in interstate
commerce. Interstate drivers with a history of a single unprovoked
seizure may be qualified to drive a CMV in interstate commerce if
seizure-free and off anti-seizure medication for a 5 year period or
more'' [Advisory criteria to 49 CFR 391.43(f)].
    The Agency acknowledges the MRB's position on the issue but
believes relevant current medical evidence supports a less conservative
approach. The medical advisory criteria for epilepsy and other seizure
or loss of consciousness episodes was based on the 1988 ``Conference on
Neurological Disorders and Commercial Drivers'' (NITS Accession No.
PB89-158950/AS). A copy of the report can be found in the docket
referenced in this notice.
    The MRB's recommendation treats all drivers who have experienced a
seizure the same, regardless of individual medical conditions and
circumstances. In addition, the recommendation to continue prohibiting
drivers who are taking anti-seizure medication from operating a CMV in
interstate commerce does not consider a driver's actual seizure history
and time since the last seizure. The Agency has decided to use

the 2007 MEP recommendations as the basis for evaluating applications
for an exemption from the seizure regulation on an individual, case-by-
case basis.

C. Exemptions

    Following individualized assessments of the exemption applications,
including a review of detailed follow-up information requested from
each applicant, FMCSA is granting exemptions from 49 CFR 391.41(b)(8)
to nine individuals. Under current FMCSA regulations, all of the nine
drivers receiving exemptions from 49 CFR 391.41(b)(8) would have been
considered physically qualified to drive a CMV in interstate commerce
except that they presently take or have recently stopped taking anti-
seizure medication. For these nine drivers, the primary obstacle to
medical qualification was the FMCSA Advisory Criteria for Medical
Examiners, based on the 1988 ``Conference on Neurological Disorders and
Commercial Drivers,'' stating that a driver should be off anti-seizure
medication in order to drive in interstate commerce. In fact, the
Advisory Criteria have little if anything to do with the actual risk of
a seizure and more to do with assumptions about individuals who are
taking anti-seizure medication.
    In addition to evaluating the medical status of each applicant,
FMCSA evaluated the crash and violation data for the nine drivers, some
of whom currently drive a CMV in intrastate commerce. The Commercial
Driver's License Information System (CDLIS) and the FMCSA Motor Carrier
Management Information System (MCMIS) were searched for crash and
violation data on the nine applicants. For non-CDL holders, the Agency
reviewed the driving records from the State licensing agency.
    These exemptions are contingent on the driver maintaining a stable
treatment regimen and remaining seizure-free during the 2-year
exemption period. The exempted drivers must submit annual reports from
their treating physicians attesting to the stability of treatment and
that the driver has remained seizure-free. The driver must undergo an
annual medical examination by a medical examiner, as defined by 49 CFR
390.5, following the FCMSA's regulations for the physical
qualifications for CMV drivers.
    FMCSA published a notice of receipt of application and requested
public comment during a 30-day public comment period in a Federal
Register notice for each of the applicants. A short summary of the
applicants' qualifications and a discussion of the comments received
follows this section. For applicants who were denied an exemption, a
notice will be published at a later date.

D. Comments

Docket  FMCSA-2012-0094

    On January 14, 2013, FMCSA published a notice of receipt of
exemption applications and requested public comment on 14 individuals.
The comment period ended February 13, 2013. Eighteen commenters
responded to the Federal Register Notice. A discussion of these
comments and a decision was made on seven applicants in (78 FR 3079).
FMCSA has determined that one of these applicants should be granted an
exemption. The Agency will issue a decision on the other drivers at a
later date.

Docket  FMCSA-2013-0107

    On July 12, 2013, FMCSA published a notice of receipt of exemption
applications and requested public comment on nine individuals. The
comment period ended on August 12, 2013. Seven commenters responded to
the Federal Register notice. All commenters support the idea of
granting an exemption. Five commenters specifically support George Webb
and two support Christopher Bird. FMCSA has determined that eight of
these applicants should be granted an exemption. The Agency will issue
a decision on the other driver at a later date.

Selene Anderson

    Ms. Anderson is a 58 year-old driver in Tennessee. She suffered
seizures as a child and has been seizure-free since 1968. She takes
anti-seizure medication with the dosage and frequency remaining the
same for more than two years. Her physician is supportive of Ms.
Anderson receiving an exemption.

Christopher Bird

    Mr. Bird is a 30 year-old driver in Ohio. He has a diagnosis of
epilepsy and has remained seizure-free for over 15 years. He takes
anti-seizure medication with the dosage and frequency remaining the
same for over five years. His physician is supportive of Mr. Bird
receiving an exemption.

Fletcher Dortch

    Mr. Dortch is a 58 year-old driver in Maryland. He had a single
seizure in 2007. He takes anti-seizure medication with the dosage and
frequency remaining the same for more than five years. His physician is
supportive of Mr. Dortch receiving an exemption.

Victor Marquez

    Mr. Marquez is a 23 year-old driver in the state of Idaho. He has
had three seizures in his lifetime with the last one in March 2003. He
takes anti-seizure medication with the dosage and frequency remaining
the same for more than nine years. His physician is supportive of Mr.
Marquez receiving an exemption.

Edward Nissenbaum

    Mr. Nissenbaum is a 61 year-old driver in Pennsylvania. He had a
seizure in 1999. He takes anti-seizure medication with the dosage and
frequency remaining the same since that time. His physician is
supportive of Mr. Nissenbaum receiving an exemption.

Stanislav Spielvogel

    Mr. Spielvogel is a 56 year-old driver in Connecticut. He has a
diagnosis of epilepsy and has remained seizure-free for over 20 years.
He takes anti-seizure medication with the dosage and frequency
remaining the same since 2006. His physician is supportive of Mr.
Spielvogel receiving an exemption.

Stephen Stawinsky

    Mr. Stawinsky is a 54 year-old driver in Pennsylvania. He had a
seizure in 1995 and has been seizure-free for over 20 years. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2005. His physician is supportive of Mr. Stawinsky receiving
an exemption.

Lyle Trimm

    Mr. Trimm is a 55 year-old driver in New Jersey. He had a seizure
in 2007 and has been seizure-free for six years. He takes anti-seizure
medication with the dosage and frequency remaining the same since that
time. His physician is supportive of Mr. Trimm receiving an exemption.

George Webb

    Mr. Webb is a 71 year-old driver in Massachusetts. He has a history
of seizure disorder and has remained seizure-free for over 24 years. He
takes anti-seizure medication with the dosage and frequency remaining
the same since that time. His physician is supportive of Mr. Webb
receiving an exemption.

E. Basis For Exemption

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the epilepsy/seizure standard in 49 CFR 391.41(b)(8) if the
exemption is likely to achieve an equivalent or greater level of safety
than would be achieved without the exemption. Without the exemption,

applicants will continue to be restricted to intrastate driving. With
the exemption, applicants can drive in interstate commerce. Thus, the
Agency's analysis focuses on whether an equal or greater level of
safety is likely to be achieved by permitting each of these drivers to
drive in interstate commerce as opposed to restricting the driver to
driving in intrastate commerce.

Conclusion

    The Agency is granting exemptions from the epilepsy standard, 49
CFR 391.41(b)(8), to nine individuals based on a thorough evaluation of
each driver's qualifications, safety experience, and medical condition.
Safety analysis of information relating to these nine applicants meets
the burden of showing that granting the exemptions would achieve a
level of safety that is equivalent to or greater than the level that
would be achieved without the exemption. By granting the exemptions,
the interstate CMV industry will gain nine highly trained and
experienced drivers. In accordance with 49 U.S.C. 31315(b)(1), each
exemption will be valid for 2 years, with annual recertification
required unless revoked earlier by FMCSA. The exemption will be revoked
if the following occurs: (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 prior to being granted; or
(3) continuation of the exemption would not be consistent with the
goals and objectives of 49 U.S.C. 31136 and 31315.
    FMCSA exempts the following nine drivers for a period of 2 years
with annual medical certification required: Selene Anderson (TN);
Christopher Bird (OH); Fletcher Dortch (MD); Victor Marquez (ID);
Edward Nissenbaum (PA); Stanislav Spielvogel (CT); Stephen Stawinsky
(PA); Lyle Trimm (NJ); and George Webb (MA) from the prohibition of CMV
operations by persons with a clinical diagnosis of epilepsy or
seizures. If the exemption is still in effect 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: November 1, 2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013-26876 Filed 11-8-13; 8:45 am]
BILLING CODE 4910-EX-P


Code Commodity Code FoodForm Residue PF 30350 Bean, great northern, seed 242 status: cooked; form: canned; method: boiled 0.000548 1 30350 Bean, great northern, seed All 0.00348 1 30350 Bean, great northern, seed 298 status: cooked; form: not specified; method: not specified 0.00348 1 30350 Bean, great northern, seed 292 status: cooked; form: not specified; method: boiled 0.00348 1 30350 Bean, great northern, seed 238 status: cooked; form: dried; method: not specified 0.00348 1 30350 Bean, great northern, seed 232 status: cooked; form: dried; method: boiled 0.00348 1 30300 Bean, black, seed 242 status: cooked; form: canned; method: boiled 0.000548 1 30300 Bean, black, seed All 0.00348 1 30300 Bean, black, seed 238 status: cooked; form: dried; method: not specified 0.00348 1 30300 Bean, black, seed 298 status: cooked; form: not specified; method: not specified 0.00348 1 30300 Bean, black, seed 292 status: cooked; form: not specified; method: boiled 0.00348 1 Code Commodity Code FoodForm Residue PF 52 30300 Bean, black, seed 232 status: cooked; form: dried; method: boiled 0.00348 1 30320 Bean, broad, seed All 0.00348 1 30320 Bean, broad, seed 232 status: cooked; form: dried; method: boiled 0.00348 1 30320 Bean, broad, seed 238 status: cooked; form: dried; method: not specified 0.00348 1 20310 Bean, broad, succulent All 0.00348 30340 Bean, cowpea, seed All 0.00348 1 30340 Bean, cowpea, seed 298 status: cooked; form: not specified; method: not specified 0.00348 1 30340 Bean, cowpea, seed 292 status: cooked; form: not specified; method: boiled 0.00348 1 30340 Bean, cowpea, seed 232 status: cooked; form: dried; method: boiled 0.00348 1 20330 Bean, cowpea, succulent 222 status: cooked; form: frozen; method: boiled 0.000329 1 20330 Bean, cowpea, succulent 242 status: cooked; form: canned; method: boiled 0.000548 1 20330 Bean, cowpea, succulent All 0.00348 1 20330 Bean, cowpea, succulent 292 status: cooked; form: not specified; method: boiled 0.00348 1 20330 Bean, cowpea, succulent 212 status: cooked; form: fresh; method: boiled 0.00348 1 30360 Bean, kidney, seed 242 status: cooked; form: canned; method: boiled 0.000548 1 30360 Bean, kidney, seed All 0.00348 1 30360 Bean, kidney, seed 898 status: sandwich; form: not specified; method: not specified 0.00348 1 30360 Bean, kidney, seed 292 status: cooked; form: not specified; method: boiled 0.00348 1 30360 Bean, kidney, seed 232 status: cooked; form: dried; method: boiled 0.00348 1 30360 Bean, kidney, seed 213 status: cooked; form: fresh; method: fried 0.00348 1 30360 Bean, kidney, seed 298 status: cooked; form: not specified; method: not specified 0.00348 1 30360 Bean, kidney, seed 293 status: cooked; form: not specified; method: fried 0.00348 1 30360 Bean, kidney, seed 621 status: frozen meal; form: frozen; method: baked 0.00348 1 Code Commodity Code FoodForm Residue PF 53 30360 Bean, kidney, seed 291 status: cooked; form: not specified; method: baked 0.00348 1 30360 Bean, kidney, seed 211 status: cooked; form: fresh; method: baked 0.00348 1 30360 Bean, kidney, seed 798 status: salad; form: not specified; method: not specified 0.00348 1 30380 Bean, lima, seed All 0.00348 1 30380 Bean, lima, seed 232 status: cooked; form: dried; method: boiled 0.00348 1 30380 Bean, lima, seed 238 status: cooked; form: dried; method: not specified 0.00348 1 30380 Bean, lima, seed 298 status: cooked; form: not specified; method: not specified 0.00348 1 20370 Bean, lima, succulent 222 status: cooked; form: frozen; method: boiled 0.000329 1 20370 Bean, lima, succulent 242 status: cooked; form: canned; method: boiled 0.000548 1 20370 Bean, lima, succulent All 0.00348 1 20370 Bean, lima, succulent 292 status: cooked; form: not specified; method: boiled 0.00348 1 20370 Bean, lima, succulent 212 status: cooked; form: fresh; method: boiled 0.00348 1 20370 Bean, lima, succulent 298 status: cooked; form: not specified; method: not specified 0.00348 1 20370 Bean, lima, succulent 621 status: frozen meal; form: frozen; method: baked 0.00348 1 20370 Bean, lima, succulent 213 status: cooked; form: fresh; method: fried 0.00348 1 20370 Bean, lima, succulent 248 status: cooked; form: canned; method: not specified 0.00348 1 30390 Bean, mung, seed All 0.00348 1 30390 Bean, mung, seed 293 status: cooked; form: not specified; method: fried 0.00348 1 30390 Bean, mung, seed 292 status: cooked; form: not specified; method: boiled 0.00348 1 30390 Bean, mung, seed 248 status: cooked; form: canned; method: not specified 0.00348 1 30390 Bean, mung, seed 218 status: cooked; form: fresh; method: not specified 0.00348 1 30390 Bean, mung, seed 233 status: cooked; form: dried; method: fried 0.00348 1 Code Commodity Code FoodForm Residue PF 54 30390 Bean, mung, seed 232 status: cooked; form: dried; method: boiled 0.00348 1 30390 Bean, mung, seed 621 status: frozen meal; form: frozen; method: baked 0.00348 1 30390 Bean, mung, seed 291 status: cooked; form: not specified; method: baked 0.00348 1 30390 Bean, mung, seed 110 status: uncooked; form: fresh; method: N/ A 0.00348 1 30390 Bean, mung, seed 298 status: cooked; form: not specified; method: not specified 0.00348 1 30400 Bean, navy, seed 242 status: cooked; form: canned; method: boiled 0.000548 1 30400 Bean, navy, seed All 0.00348 1 30400 Bean, navy, seed 232 status: cooked; form: dried; method: boiled 0.00348 1 30400 Bean, navy, seed 298 status: cooked; form: not specified; method: not specified 0.00348 1 30400 Bean, navy, seed 238 status: cooked; form: dried; method: not specified 0.00348 1 30400 Bean, navy, seed 292 status: cooked; form: not specified; method: boiled 0.00348 1 30410 Bean, pink, seed All 0.00348 1 30410 Bean, pink, seed 232 status: cooked; form: dried; method: boiled 0.00348 1 30410 Bean, pink, seed 292 status: cooked; form: not specified; method: boiled 0.00348 1 30410 Bean, pink, seed 298 status: cooked; form: not specified; method: not specified 0.00348 1 30420 Bean, pinto, seed All 0.00348 1 30420 Bean, pinto, seed 232 status: cooked; form: dried; method: boiled 0.00348 1 30420 Bean, pinto, seed 292 status: cooked; form: not specified; method: boiled 0.00348 1 30420 Bean, pinto, seed 238 status: cooked; form: dried; method: not specified 0.00348 1 30420 Bean, pinto, seed 293 status: cooked; form: not specified; method: fried 0.00348 1 30420 Bean, pinto, seed 291 status: cooked; form: not specified; method: baked 0.00348 1 Code Commodity Code FoodForm Residue PF 55 30420 Bean, pinto, seed 621 status: frozen meal; form: frozen; method: baked 0.00348 1 30420 Bean, pinto, seed 298 status: cooked; form: not specified; method: not specified 0.00348 1 10430 Bean, snap, succulent 222 status: cooked; form: frozen; method: boiled 0.000329 1 10430 Bean, snap, succulent 242 status: cooked; form: canned; method: boiled 0.000548 1 10430 Bean, snap, succulent All 0.00348 1 10430 Bean, snap, succulent 212 status: cooked; form: fresh; method: boiled 0.00348 1 10430 Bean, snap, succulent 292 status: cooked; form: not specified; method: boiled 0.00348 1 10430 Bean, snap, succulent 798 status: salad; form: not specified; method: not specified 0.00348 1 10430 Bean, snap, succulent 298 status: cooked; form: not specified; method: not specified 0.00348 1 10430 Bean, snap, succulent 110 status: uncooked; form: fresh; method: N/ A 0.00348 1 10430 Bean, snap, succulent 295 status: cooked; form: not specified; method: boiled or baked 0.00348 1 10430 Bean, snap, succulent 621 status: frozen meal; form: frozen; method: baked 0.00348 1 10430 Bean, snap, succulent 291 status: cooked; form: not specified; method: baked 0.00348 1 10430 Bean, snap, succulent 213 status: cooked; form: fresh; method: fried 0.00348 1 10430 Bean, snap, succulent 248 status: cooked; form: canned; method: not specified 0.00348 1 10430 Bean, snap, succulent 232 status: cooked; form: dried; method: boiled 0.00348 1 10431 Bean, snap, succulent babyfood All 0.00348 1 470 Beef, fat All 0.02 1 480 Beef, kidney All 0.03 1 490 Beef, liver All 0.03 1 491 Beef, liver babyfood All 0.03 1 440 Beef, meat All 0.002 1 441 Beef, meat babyfood All 0.002 1 460 Beef, meat byproducts All 0.03 1 Code Commodity Code FoodForm Residue PF 56 461 Beef, meat byproducts babyfood All 0.03 1 450 Beef, meat, dried All 0.002 1.9 471 Beef, fat babyfood All 0.02 1 10610 Broccoli All 0.179 1 10610 Broccoli 212 status: cooked; form: fresh; method: boiled 0.179 1 10610 Broccoli 292 status: cooked; form: not specified; method: boiled 0.179 1 10610 Broccoli 298 status: cooked; form: not specified; method: not specified 0.179 1 10610 Broccoli 222 status: cooked; form: frozen; method: boiled 0.179 1 10610 Broccoli 291 status: cooked; form: not specified; method: baked 0.179 1 10610 Broccoli 710 status: salad; form: fresh; method: N/ A 0.179 1 10610 Broccoli 293 status: cooked; form: not specified; method: fried 0.179 1 10610 Broccoli 218 status: cooked; form: fresh; method: not specified 0.179 1 10610 Broccoli 621 status: frozen meal; form: frozen; method: baked 0.179 1 10610 Broccoli 242 status: cooked; form: canned; method: boiled 0.179 1 10610 Broccoli 898 status: sandwich; form: not specified; method: not specified 0.179 1 10610 Broccoli 211 status: cooked; form: fresh; method: baked 0.179 1 10610 Broccoli 110 status: uncooked; form: fresh; method: N/ A 0.179 1 10610 Broccoli 228 status: cooked; form: frozen; method: not specified 0.179 1 10610 Broccoli 232 status: cooked; form: dried; method: boiled 0.179 1 10610 Broccoli 213 status: cooked; form: fresh; method: fried 0.179 1 10611 Broccoli babyfood 249 status: cooked; form: canned; method: NS as to further cooking 0.179 1 10620 Broccoli, Chinese All 0.179 1 10640 Brussels sprouts All 2.33 1 10690 Cabbage All 0.179 1 Code Commodity Code FoodForm Residue PF 57 20700 Cabbage, Chinese, bok choy All 0.179 1 10720 Cabbage, Chinese, mustard All 0.179 1 10710 Cabbage, Chinese, napa All 0.179 1 10780 Carrot All 0.0005 1 10781 Carrot babyfood All 0.0005 1 10790 Carrot, juice All 0.0005 1 10830 Cauliflower All 0.36 1 960 Chicken, fat All 0.00008 1 961 Chicken, fat babyfood All 0.00008 1 940 Chicken, liver All 0.000005 1 930 Chicken, meat All 0.000005 1 931 Chicken, meat babyfood All 0.000005 1 950 Chicken, meat byproducts All 0.00008 1 951 Chicken, meat byproducts babyfood All 0.00008 1 970 Chicken, skin All 0.00008 1 971 Chicken, skin babyfood All 0.00008 1 21170 Collards All 0.179 1 1280 Cottonseed, oil All 0.165 1 1281 Cottonseed, oil  babyfood All 0.165 1 21350 Cucumber All 0.00006 1 1460 Egg, white All 0.0004 1 1461 Egg, white ( solids) babyfood All 0.0004 1 1450 Egg, whole All 0.0004 1 1451 Egg, whole  babyfood All 0.0004 1 1470 Egg, yolk All 0.0004 1 1471 Egg, yolk babyfood All 0.0004 1 1640 Garlic All 0.33 1 1650 Garlic, dried All 0.33 1 1651 Garlic, dried babyfood All 0.33 1 31680 Ginseng, dried All 3.27 1 1710 Goat, fat All 0.02 1 1720 Goat, kidney All 0.03 1 Code Commodity Code FoodForm Residue PF 58 1730 Goat, liver All 0.03 1 1690 Goat, meat All 0.002 1 1700 Goat, meat byproducts All 0.03 1 21940 Kale All 0.179 1 2220 Milk, fat All 0.15 1 2221 Milk, fat  baby food/ infant formula All 0.15 1 22290 Mustard greens All 0.179 1 12570 Pea, edible podded All 0.00348 2630 Peanut All 0.0034 1 2640 Peanut, butter All 0.0049 1 2650 Peanut, oil All 0.0034 1 2700 Pepper, bell All 0.000271 1 2700 Pepper, bell 295 status: cooked; form: not specified; method: boiled or baked 0.000271 1 2700 Pepper, bell 291 status: cooked; form: not specified; method: baked 0.000271 1 2700 Pepper, bell 242 status: cooked; form: canned; method: boiled 0.000271 1 2700 Pepper, bell 710 status: salad; form: fresh; method: N/ A 0.000271 1 2700 Pepper, bell 213 status: cooked; form: fresh; method: fried 0.000271 1 2700 Pepper, bell 792 status: salad; form: not specified; method: boiled 0.000271 1 2700 Pepper, bell 218 status: cooked; form: fresh; method: not specified 0.000271 1 2700 Pepper, bell 298 status: cooked; form: not specified; method: not specified 0.000271 1 2700 Pepper, bell 292 status: cooked; form: not specified; method: boiled 0.000271 1 2700 Pepper, bell 293 status: cooked; form: not specified; method: fried 0.000271 1 2700 Pepper, bell 212 status: cooked; form: fresh; method: boiled 0.000271 1 2700 Pepper, bell 893 status: sandwich; form: not specified; method: fried 0.000271 1 2700 Pepper, bell 223 status: cooked; form: frozen; method: fried 0.000271 1 Code Commodity Code FoodForm Residue PF 59 2700 Pepper, bell 798 status: salad; form: not specified; method: not specified 0.000271 1 2700 Pepper, bell 214 status: cooked; form: fresh; method: fried or baked 0.000271 1 2700 Pepper, bell 790 status: salad; form: not specified; method: N/ A 0.000271 1 2700 Pepper, bell 110 status: uncooked; form: fresh; method: N/ A 0.000271 1 2700 Pepper, bell 280 status: cooked; form: other; method: N/ A 0.000271 1 2700 Pepper, bell 232 status: cooked; form: dried; method: boiled 0.000271 1 2700 Pepper, bell 259 status: cooked; form: cured, pickled, smoked, salted ; method: NS 0.000271 1 2700 Pepper, bell 252 status: cooked; form: cured, pickled, smoked, salted ; method: boi 0.000271 1 2700 Pepper, bell 294 status: cooked; form: not specified; method: fried or baked 0.000271 1 2700 Pepper, bell 898 status: sandwich; form: not specified; method: not specified 0.000271 1 2700 Pepper, bell 621 status: frozen meal; form: frozen; method: baked 0.000271 1 2700 Pepper, bell 283 status: cooked; form: other; method: fried 0.000271 1 2700 Pepper, bell 210 status: cooked; form: fresh; method: N/ A 0.000271 1 2700 Pepper, bell 150 status: uncooked; form: cured, pickled, smoked, salted ; method: N 0.000271 1 2700 Pepper, bell 249 status: cooked; form: canned; method: NS as to further cooking 0.000271 1 2700 Pepper, bell 222 status: cooked; form: frozen; method: boiled 0.000271 1 2700 Pepper, bell 240 status: cooked; form: canned; method: N/ A 0.000271 1 2700 Pepper, bell 250 status: cooked; form: cured, pickled, smoked, salted ; method: N/ A 0.000271 1 2700 Pepper, bell 718 status: salad; form: fresh; method: not specified 0.000271 1 2701 Pepper, bell babyfood All 0.000271 1 2710 Pepper, bell, dried All 0.000271 1 2711 Pepper, bell, dried babyfood All 0.000271 1 Code Commodity Code FoodForm Residue PF 60 2720 Pepper, non bell All 0.000813 1 2721 Pepper, non bell,  babyfood All 0.000813 1 2730 Pepper, non bell, dried All 0.000813 1 2930 Pork, fat All 0.0008 1 2931 Pork, fat babyfood All 0.0008 1 2940 Pork, kidney All 0.0012 1 2950 Pork, liver All 0.001 1 2900 Pork, meat All 0.00006 1 2901 Pork, meat babyfood All 0.00006 1 2920 Pork, meat byproducts All 0.0012 1 2921 Pork, meat byproducts babyfood All 0.0012 1 2910 Pork, skin All 0.00006 1 12960 Potato, chips All 0.0034 1 12971 Potato, dry ( granules/ flakes) babyfood All 0.0034 1 12970 Potato, dry ( granules/ flakes) All 0.0034 1 12980 Potato, flour All 0.0034 1 12981 Potato, flour  babyfood All 0.0034 1 13000 Potato, tuber, w/ o peel All 0.0034 1 13001 Potato, tuber, w/ o peel babyfood All 0.0034 1 12990 Potato, tuber, w/ peel All 0.0034 5.4 12990 Potato, tuber, w/ peel 718 status: salad; form: fresh; method: not specified 0.0034 5.4 12990 Potato, tuber, w/ peel 211 status: cooked; form: fresh; method: baked 0.0034 5.4 12990 Potato, tuber, w/ peel 298 status: cooked; form: not specified; method: not specified 0.0034 1 12990 Potato, tuber, w/ peel 212 status: cooked; form: fresh; method: boiled 0.0034 1 12990 Potato, tuber, w/ peel 798 status: salad; form: not specified; method: not specified 0.0034 1 12990 Potato, tuber, w/ peel 790 status: salad; form: not specified; method: N/ A 0.0034 1 12990 Potato, tuber, w/ peel 292 status: cooked; form: not specified; method: boiled 0.0034 1 Code Commodity Code FoodForm Residue PF 61 12990 Potato, tuber, w/ peel 291 status: cooked; form: not specified; method: baked 0.0034 1 12990 Potato, tuber, w/ peel 213 status: cooked; form: fresh; method: fried 0.0034 1 12991 Potato, tuber, w/ peel babyfood All 0.0034 5.4 3040 Poultry, other, fat All 0.00008 1 3020 Poultry, other, liver All 0.00008 1 3010 Poultry, other, meat All 0.000005 1 3030 Poultry, other, meat byproducts All 0.00008 1 3050 Poultry, other, skin All 0.00008 1 3410 Sheep, fat All 0.02 1 3411 Sheep, fat babyfood All 0.02 1 3420 Sheep, kidney All 0.03 1 3430 Sheep, liver All 0.03 1 3390 Sheep, meat All 0.002 1 3391 Sheep, meat babyfood All 0.002 1 3400 Sheep, meat byproducts All 0.03 1 13550 Spinach All 0.0003 1 13551 Spinach babyfood All 0.0003 1 3750 Tomato 240 status: cooked; form: canned; method: N/ A 0.000216 1 3750 Tomato 242 status: cooked; form: canned; method: boiled 0.000216 1 3750 Tomato All 0.00033 1 3750 Tomato 291 status: cooked; form: not specified; method: baked 0.00033 1 3750 Tomato 292 status: cooked; form: not specified; method: boiled 0.00033 1 3750 Tomato 718 status: salad; form: fresh; method: not specified 0.00033 1 3750 Tomato 295 status: cooked; form: not specified; method: boiled or baked 0.00033 1 3750 Tomato 898 status: sandwich; form: not specified; method: not specified 0.00033 1 3750 Tomato 890 status: sandwich; form: not specified; method: N/ A 0.00033 1 Code Commodity Code FoodForm Residue PF 62 3750 Tomato 213 status: cooked; form: fresh; method: fried 0.00033 1 3750 Tomato 232 status: cooked; form: dried; method: boiled 0.00033 1 3750 Tomato 298 status: cooked; form: not specified; method: not specified 0.00033 1 3750 Tomato 210 status: cooked; form: fresh; method: N/ A 0.00033 1 3750 Tomato 212 status: cooked; form: fresh; method: boiled 0.00033 1 3750 Tomato 211 status: cooked; form: fresh; method: baked 0.00033 1 3750 Tomato 110 status: uncooked; form: fresh; method: N/ A 0.00033 1 3750 Tomato 798 status: salad; form: not specified; method: not specified 0.00033 1 3750 Tomato 293 status: cooked; form: not specified; method: fried 0.00033 1 3750 Tomato 710 status: salad; form: fresh; method: N/ A 0.00033 1 3750 Tomato 249 status: cooked; form: canned; method: NS as to further cooking 0.00033 1 3750 Tomato 252 status: cooked; form: cured, pickled, smoked, salted ; method: boi 0.00033 1 3750 Tomato 294 status: cooked; form: not specified; method: fried or baked 0.00033 1 3750 Tomato 218 status: cooked; form: fresh; method: not specified 0.00033 1 3750 Tomato 290 status: cooked; form: not specified; method: N/ A 0.00033 1 3750 Tomato 621 status: frozen meal; form: frozen; method: baked 0.00033 1 3750 Tomato 248 status: cooked; form: canned; method: not specified 0.00033 1 3750 Tomato 150 status: uncooked; form: cured, pickled, smoked, salted ; method: N 0.00033 1 3750 Tomato 222 status: cooked; form: frozen; method: boiled 0.00033 1 3751 Tomato babyfood All 0.00033 1 3780 Tomato, dried All 0.00033 1 3780 Tomato, dried 298 status: cooked; form: not specified; method: not specified 0.00033 1 Code Commodity Code FoodForm Residue PF 63 3780 Tomato, dried 292 status: cooked; form: not specified; method: boiled 0.00033 1 3780 Tomato, dried 295 status: cooked; form: not specified; method: boiled or baked 0.00033 1 3780 Tomato, dried 980 status: not specified; form: other; method: N/ A 0.00033 1 3780 Tomato, dried 238 status: cooked; form: dried; method: not specified 0.00033 1 3780 Tomato, dried 230 status: cooked; form: dried; method: N/ A 0.00033 1 3780 Tomato, dried 291 status: cooked; form: not specified; method: baked 0.00033 1 3780 Tomato, dried 231 status: cooked; form: dried; method: baked 0.00033 1 3780 Tomato, dried 284 status: cooked; form: other; method: fried or baked 0.00033 1 3780 Tomato, dried 130 status: uncooked; form: dried; method: N/ A 0.00033 1 3780 Tomato, dried 232 status: cooked; form: dried; method: boiled 0.00033 1 3781 Tomato, dried  babyfood All 0.00033 1 3790 Tomato, juice 242 status: cooked; form: canned; method: boiled 0.000216 1 3790 Tomato, juice 240 status: cooked; form: canned; method: N/ A 0.000216 1 3790 Tomato, juice All 0.00033 1 3790 Tomato, juice 298 status: cooked; form: not specified; method: not specified 0.00033 1 3790 Tomato, juice 291 status: cooked; form: not specified; method: baked 0.00033 1 3790 Tomato, juice 990 status: not specified; form: not specified; method: N/ A 0.00033 1 3790 Tomato, juice 290 status: cooked; form: not specified; method: N/ A 0.00033 1 3790 Tomato, juice 190 status: uncooked; form: not specified; method: N/ A 0.00033 1 3790 Tomato, juice 292 status: cooked; form: not specified; method: boiled 0.00033 1 3760 Tomato, paste All 0.000195 1 Code Commodity Code FoodForm Residue PF 64 3760 Tomato, paste 298 status: cooked; form: not specified; method: not specified 0.000195 1 3760 Tomato, paste 293 status: cooked; form: not specified; method: fried 0.000195 1 3760 Tomato, paste 291 status: cooked; form: not specified; method: baked 0.000195 1 3760 Tomato, paste 898 status: sandwich; form: not specified; method: not specified 0.000195 1 3760 Tomato, paste 798 status: salad; form: not specified; method: not specified 0.000195 1 3760 Tomato, paste 890 status: sandwich; form: not specified; method: N/ A 0.000195 1 3760 Tomato, paste 213 status: cooked; form: fresh; method: fried 0.000195 1 3760 Tomato, paste 292 status: cooked; form: not specified; method: boiled 0.000195 1 3760 Tomato, paste 218 status: cooked; form: fresh; method: not specified 0.000195 1 3760 Tomato, paste 621 status: frozen meal; form: frozen; method: baked 0.000195 1 3760 Tomato, paste 232 status: cooked; form: dried; method: boiled 0.000195 1 3760 Tomato, paste 242 status: cooked; form: canned; method: boiled 0.000195 1 3760 Tomato, paste 248 status: cooked; form: canned; method: not specified 0.000195 1 3760 Tomato, paste 295 status: cooked; form: not specified; method: boiled or baked 0.000195 1 3760 Tomato, paste 240 status: cooked; form: canned; method: N/ A 0.000195 1 3760 Tomato, paste 249 status: cooked; form: canned; method: NS as to further cooking 0.000195 1 3760 Tomato, paste 990 status: not specified; form: not specified; method: N/ A 0.000195 1 3760 Tomato, paste 710 status: salad; form: fresh; method: N/ A 0.000195 1 3761 Tomato, paste babyfood All 0.000195 1 3770 Tomato, puree 242 status: cooked; form: canned; method: boiled 0.000216 1 3770 Tomato, puree 240 status: cooked; form: canned; method: N/ A 0.000216 1 Code Commodity Code FoodForm Residue PF 65 3770 Tomato, puree All 0.00033 1 3770 Tomato, puree 298 status: cooked; form: not specified; method: not specified 0.00033 1 3770 Tomato, puree 292 status: cooked; form: not specified; method: boiled 0.00033 1 3770 Tomato, puree 898 status: sandwich; form: not specified; method: not specified 0.00033 1 3770 Tomato, puree 213 status: cooked; form: fresh; method: fried 0.00033 1 3770 Tomato, puree 890 status: sandwich; form: not specified; method: N/ A 0.00033 1 3770 Tomato, puree 211 status: cooked; form: fresh; method: baked 0.00033 1 3770 Tomato, puree 218 status: cooked; form: fresh; method: not specified 0.00033 1 3770 Tomato, puree 212 status: cooked; form: fresh; method: boiled 0.00033 1 3770 Tomato, puree 232 status: cooked; form: dried; method: boiled 0.00033 1 3770 Tomato, puree 248 status: cooked; form: canned; method: not specified 0.00033 1 3770 Tomato, puree 252 status: cooked; form: cured, pickled, smoked, salted ; method: boi 0.00033 1 3770 Tomato, puree 621 status: frozen meal; form: frozen; method: baked 0.00033 1 3770 Tomato, puree 293 status: cooked; form: not specified; method: fried 0.00033 1 3770 Tomato, puree 249 status: cooked; form: canned; method: NS as to further cooking 0.00033 1 3770 Tomato, puree 215 status: cooked; form: fresh; method: boiled or baked 0.00033 1 3770 Tomato, puree 295 status: cooked; form: not specified; method: boiled or baked 0.00033 1 3770 Tomato, puree 990 status: not specified; form: not specified; method: N/ A 0.00033 1 3770 Tomato, puree 291 status: cooked; form: not specified; method: baked 0.00033 1 3771 Tomato, puree babyfood All 0.00033 1 3850 Turkey, fat All 0.00008 1 Code Commodity Code FoodForm Residue PF 66 3851 Turkey, fat babyfood All 0.00008 1 3830 Turkey, liver All 0.00008 1 3831 Turkey, liver babyfood All 0.00008 1 3820 Turkey, meat All 0.000005 1 3821 Turkey, meat babyfood All 0.000005 1 3840 Turkey, meat byproducts All 0.00008 1 3841 Turkey, meat byproducts babyfood All 0.00008 1 3860 Turkey, skin All 0.00008 1 3861 Turkey, skin  babyfood All 0.00008 1 Attachment 9: Percent crop treated numbers from BEAD Quantitative Usage Analysis for PCNB Case Number: 0128 Date: 10/ 12/ 2001 Analyst: Tim Kiely Data years: 1990  2000 PC Code: 56502 Original QUA date: 01/ 11/ 99 QUA last edited: 10/ 12/ 2001 Filename: PCNB2001. wpd Based on available pesticide survey usage information for the years of 1990 through 2000, an annual estimate of PCNB's total domestic usage averaged approximately 1,825,000 pounds of active ingredient ( a. i.) applied to 794,000 acres. PCNB is a fungicide with its largest markets in terms of total pounds active ingredient allocated to turf ( 49%) and cotton ( 27%). The crops with the highest percentage of their total U. S. planted acres treated with PCNB is Brussel Sprouts ( 13%), cotton ( 5%), and potatoes ( 3%). No other crop has more than 2% of their acreage treated with PCNB. Please see Table 1 for estimates of usage by site.

Table 1. Estimates of PCNB Usage by site.

Site Acres Grown ( 000) Acres Treated ( 000) % of Crop Treated Pounds AI Applied ( 000) Average Application Rate States of Most Usage Wtd Avg Est Max Wtd Avg Est Max Wtd Avg Est Max lb ai/

acre/ yr # appl / yr lb ai/

A/ appl (% of total lb ai used on this site)

Apples 572 0* 0* 0* 0* 0* 0*

Pears 71 0* 0* 0* 0* 0* 0*     Site Acres Grown ( 000) Acres Treated ( 000) % of Crop Treated Pounds AI Applied ( 000) Average Application Rate States of Most Usage Wtd Avg Est Max Wtd Avg Est Max Wtd Avg Est Max lb ai/

acre/ yr # appl / yr lb ai/

A/ appl (% of total lb ai used on this site)

67 Bananas

Strawberries 47 0* 0* 0% 0% 0* 0*

Garlic 40 0 0 0% 0% 0 0

Onions, Dry 140 0 0 0% 0% 0 0

Eggplant/ Peppers 121 2 4 2% 3% 4 8 1.8 1.5 1.2 NM NJ 100%

Cole Crops / 1 303 3 5 1% 2% 16 32 6.1 1.0 6.1 OR WA OH CA AZ 91%

 Mustard, greens 9 0* 0* 0% 0% 0* 0*

 Broccoli 126 1 2 0% 1% 2 4 3.6 1.0 3.6 CA 100%

 Brussels Sprouts 4 0 1 13% 17% 10 20 22.2 1.5 14.8 CA 100%

 Cabbage 82 1 1 1% 2% 1 1 0.7 1.0 0.7 NC WA OR 97%

 Chinese Cabbage 12

 Cauliflower 53 1 2 2% 3% 3 7 3.7 1.0 3.7 CA 85%

 Collards 14 0* 0* 0% 0% 0* 0*

Kale 4 0* 0* 0% 0% 0* 0*     Site Acres Grown ( 000) Acres Treated ( 000) % of Crop Treated Pounds AI Applied ( 000) Average Application Rate States of Most Usage Wtd Avg Est Max Wtd Avg Est Max Wtd Avg Est Max lb ai/

acre/ yr # appl / yr lb ai/

A/ appl (% of total lb ai used on this site)

68 Broccoli, Chinese

Beets

Cucurbits / 2 288 1 2 0% 1% 1 4 0.9 1.4 0.6 SC, GA, NC 93%

Lettuce 309 0* 0* 0% 0% 0* 0*

Potatoes 1,420 45 65 3% 5% 180 260 4.0 1.0 4.0

Tomatoes 477 0 1 0% 0% 1 2 2.2 1.0 2.2 FL CA 100%

Beans/ Peas, Dry 2,237 0 1 0% 0% 0 1 0.8 1.0 0.8 WA 90%

Beans/ Peas, Green 708 15 20 2% 3% 15 20 1.0 1.1 0.9 FL GA NJ NC MD MS 85%

Corn 71,433 0* 0* 0% 0% 0* 0*

Barley 8,190 0* 0* 0% 0% 0* 0*

Rice 3,175 0 0 0% 0% 0 1 2.0 1.0 2.0 AR 100%

Wheat 71,464 1 3 0% 0% 0 1 0.5 1.0 0.5 AR DE 100%

Soybeans 66,533 4 18 0% 0% 6 25 1.5 1.3 1.1 MS AR TN 88% Site Acres Grown ( 000) Acres Treated ( 000) % of Crop Treated Pounds AI Applied ( 000) Average Application Rate States of Most Usage Wtd Avg Est Max Wtd Avg Est Max Wtd Avg Est Max lb ai/

acre/ yr # appl / yr lb ai/

A/ appl (% of total lb ai used on this site)

69 Cotton 13,232 700 1,200 5% 9% 490 840 0.7 1.0 0.7 MS AR LA TN AL NC 80%

Peanuts 1,515 10 23 1% 2% 17 36 1.7 1.2 1.4 TX GA OK AL AZ 81%

Sugar Beets 1,434 0 2 0% 0% 0 1 1.0 1.0 1.0 MT CA 83%

Tobacco 712 10 22 1% 3% 9 20 0.9 1.0 0.9 NC VA 84%

Clover             Ginseng

Coffee

Turf / 3      900 1,150

Ornamental Plants / 4      45 70

Seed Treatment / 5      125 200     Site Acres Grown ( 000) Acres Treated ( 000) % of Crop Treated Pounds AI Applied ( 000) Average Application Wtd Avg Est Max Wtd Avg Est Max Wtd Avg Est Max lb ai/ acre/ yr # appl / yr A 70 Total 794 1,082 1,825 2,263 NOTES ON TABLE DATA  Usage data primarily covers 1990  2000.  Wtd Avg = Weighted average the most recent years and more reliable data are weighted more heavily.  Est Max = Estimated maximum, which is estimated from available data.  Average application rates are calculated from the weighted averages.  Calculations of the above numbers may not appear to agree because they are displayed as rounded to the nearest 1000 for acres treated or lb. a. i. ( therefore 0 = < 500) and to the nearest whole percentage point for % of crop treated ( Therefore 0% = < 0.5%).  0* = Available EPA sources indicate that no usage is observed in the reported data for this site, which implies that there is little or no usage.  A double dash () indicates that information on this site is NOT available in EPA sources or is insufficient.

1. Cole Crops include broccoli, Brussels sprouts, cabbage, cauliflower, mustard greens, collards and Chinese cabbage. 2. Cucurbits includes cucumber, squash and pumpkins. 3. Turf includes golf courses, sod farms, and lawn care operators ( with applications to residential turf and gardens). 4. Ornamentals include nurseries and greenhouses. 5. Seed Treatment includes barley, corn, cotton, peanut, pea, sorghum, soybean, oats, safflower, sugar beet, wheat, rice.

Sources: EPA proprietary data, USDA National Agricultural Service Chemical Use Reports, California Department of Pesticide Regulation Pesticide Use Database, and National Center for Food and Agricultural Policy pesticide use database.

BEAD Second Memorandum: Screening level usage data The tables below contain " screening level" usage data for agricultural crops. This information is retrieved from our principal agricultural pesticide usage databases. At the present time data from 1997 to 2001 is being used.

All numbers reported are rounded. '< 500' indicates less than 500 pounds of active ingredient. '< 2.5' indicates less than 2.5 percent of crop is treated.

'( CA only)' indicates information was available only for California. California requires reporting of all agricultural pesticide use. Their database may indicate small amounts of usage of a pesticide on crops on which the pesticide is not registered. Possible reasons for this include: This use may actually have occurred either as an unregistered use or as an experimental or other use in which the crop was not intended for consumption. Data input errors may have occurred and either the crop or the pesticide is incorrect in the database.

Use of the chemical on crops for which only California use is reported may possibly have occurred in other states.

In some cases the percent crop treated column is blank. This is because information on acres grown was not readily available.

Arthur Grube 308 8095 71 SAS Monday, October 6, 2003 10: 16 1 Screening Level Estimates of Agricultural Uses of pcnb Sorted Alphabetically Pounds of Percent Active of Crop OBS Crop Ingredient Treated 1 Apricots ( CA only) < 500 2 Avocados ( CA only) < 500 3 Barley ( CA only) 2,000 4 Beans ( CA only) < 500 5 Beans, Green 30,000 15 6 Beans/ Peas, Dry ( CA only) < 500 7 Beans/ Peas, Vegetable 7,000 8 Broccoli ( CA only) 7,000 9 Brussels Sprouts 7,000 10 10 Cabbage 20,000 < 2.5 11 Cauliflower 6,000 5 12 Cherries ( CA only) < 500 13 Cotton 600,000 5 14 Grapefruit < 500 15 Grapes < 500 < 2.5 16 Nectarines ( CA only) < 500 17 Oats ( CA only) < 500 18 Onions 1,000 < 2.5 19 Oranges ( CA only) < 500 20 Peaches ( CA only) < 500 21 Peanuts 9,000 < 2.5 22 Peas, Green ( CA only) < 500 23 Pecans ( CA only) < 500 24 Peppers 3,000 < 2.5 25 Potatoes 30,000 < 2.5 26 Safflower ( CA only) < 500 27 Squash ( CA only) < 500 28 Strawberries < 500 < 2.5 29 Sudangrass ( CA only) < 500 30 Tobacco 9,000 31 Tomatoes ( CA only) < 500 ______________________________________

All numbers rounded. Acreage & % trted not available for all crops '< 500' indicates less than 500 pounds of active ingredient. '< 2.5' indicates less than 2.5 percent of crop is treated. '( CA only)' indicates information was available only for California. Use of pcnb may have occurred in other states.

( slua0001. sas pcnb ) 72 SAS Monday, October 6, 2003 10: 16 2 Screening Level Estimates of Agricultural Uses of pcnb Sorted Alphabetically Pounds of Percent Active of Crop OBS Crop Ingredient Treated 32 Wheat 1,000 ______________________________________

All numbers rounded. Acreage & % trted not available for all crops '< 500' indicates less than 500 pounds of active ingredient. '< 2.5' indicates less than 2.5 percent of crop is treated. '( CA only)' indicates information was available only for California. Use of pcnb may have occurred in other states.

( slua0001. sas pcnb ) 73 SAS Monday, October 6, 2003 10: 16 3 Screening Level Estimates of Agricultural Uses of pcnb Sorted by descending quantity of pcnb applied to each crop Pounds of Percent Active of Crop OBS Crop Ingredient Treated 1 Cotton 600,000 5 2 Beans, Green 30,000 15 3 Potatoes 30,000 < 2.5 4 Cabbage 20,000 < 2.5 5 Peanuts 9,000 < 2.5 6 Tobacco 9,000 7 Brussels Sprouts 7,000 10 8 Beans/ Peas, Vegetable 7,000 9 Broccoli ( CA only) 7,000 10 Cauliflower 6,000 5 11 Peppers 3,000 < 2.5 12 Barley ( CA only) 2,000 13 Onions 1,000 < 2.5 14 Wheat 1,000 15 Grapes < 500 < 2.5 16 Strawberries < 500 < 2.5 17 Apricots ( CA only) < 500 18 Avocados ( CA only) < 500 19 Beans ( CA only) < 500 20 Beans/ Peas, Dry ( CA only) < 500 21 Cherries ( CA only) < 500 22 Grapefruit < 500 23 Nectarines ( CA only) < 500 24 Oats ( CA only) < 500 25 Oranges ( CA only) < 500 26 Peaches ( CA only) < 500 27 Peas, Green ( CA only) < 500 28 Pecans ( CA only) < 500 29 Safflower ( CA only) < 500 30 Squash ( CA only) < 500 31 Sudangrass ( CA only) < 500 ______________________________________

All numbers rounded. Acreage & % trted not available for all crops '< 500' indicates less than 500 pounds of active ingredient. '< 2.5' indicates less than 2.5 percent of crop is treated. '( CA only)' indicates information was available only for California. Use of pcnb may have occurred in other states.

( slua0001. sas pcnb )

SAS Monday, October 6, 2003 10: 16 4 Screening Level Estimates of Agricultural Uses of pcnb Sorted by descending quantity of pcnb applied to each crop 74 Pounds of Percent Active of Crop OBS Crop Ingredient Treated 32 Tomatoes ( CA only) < 500 ______________________________________

All numbers rounded. Acreage & % trted not available for all crops '< 500' indicates less than 500 pounds of active ingredient. '< 2.5' indicates less than 2.5 percent of crop is treated. '( CA only)' indicates information was available only for California. Use of pcnb may have occurred in other states.

( slua0001. sas pcnb ) 75 SAS Monday, October 6, 2003 10: 16 5 Screening Level Estimates of Agricultural Uses of pcnb Sorted by descending percent of crop treated with pcnb Pounds of Percent Active of Crop OBS Crop Ingredient Treated 1 Beans, Green 30,000 15 2 Brussels Sprouts 7,000 10 3 Cotton 600,000 5 4 Cauliflower 6,000 5 5 Potatoes 30,000 < 2.5 6 Cabbage 20,000 < 2.5 7 Peanuts 9,000 < 2.5 8 Peppers 3,000 < 2.5 9 Onions 1,000 < 2.5 10 Grapes < 500 < 2.5 11 Strawberries < 500 < 2.5 12 Tobacco 9,000 13 Beans/ Peas, Vegetable 7,000 14 Broccoli ( CA only) 7,000 15 Barley ( CA only) 2,000 16 Wheat 1,000 17 Apricots ( CA only) < 500 18 Avocados ( CA only) < 500 19 Beans ( CA only) < 500 20 Beans/ Peas, Dry ( CA only) < 500 21 Cherries ( CA only) < 500 22 Grapefruit < 500 23 Nectarines ( CA only) < 500 24 Oats ( CA only) < 500 25 Oranges ( CA only) < 500 26 Peaches ( CA only) < 500 27 Peas, Green ( CA only) < 500 28 Pecans ( CA only) < 500 29 Safflower ( CA only) < 500 30 Squash ( CA only) < 500 31 Sudangrass ( CA only) < 500 ______________________________________

All numbers rounded. Acreage & % trted not available for all crops '< 500' indicates less than 500 pounds of active ingredient. '< 2.5' indicates less than 2.5 percent of crop is treated. '( CA only)' indicates information was available only for California. Use of pcnb may have occurred in other states.

( slua0001. sas pcnb )

SAS Monday, October 6, 2003 10: 16 6 Screening Level Estimates of Agricultural Uses of pcnb Sorted by descending percent of crop treated with pcnb 76 Pounds of Percent Active of Crop OBS Crop Ingredient Treated 32 Tomatoes ( CA only) < 500 _________

All numbers rounded. Acreage & % trted not available for all crops '< 500' indicates less than 500 pounds of active ingredient. '< 2.5' indicates less than 2.5 percent of crop is treated. '( CA only)' indicates information was available only for California. Use of pcnb may have occurred in other states.

( slua0001. sas pcnb )


[Federal Register: October 10, 2007 (Volume 72, Number 195)]
[Notices]
[Page 57624-57625]
[DOCID:fr10oc07-130]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56607; File No. SR-NYSE-2007-91]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Waive the Fee Charged to Member Organizations for the Approval of Pre-
Qualified Substitutes

October 3, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 28, 2007, the New York Stock Exchange LLC (``Exchange'' or
``NYSE'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been substantially prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to waive for the remainder of 2007, with
retroactive effect from September 1, 2007, the $5,000 fee payable by a
member organization in connection with the approval of a pre-qualified
substitute employee. The text of the proposed rule change is available
at NYSE, the Commission's Public Reference Room, and http://www.nyse.com
.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange proposes to waive for the remainder of 2007, with
retroactive effect from September 1, 2007, the $5,000 fee payable by a
member organization in connection with the approval of a pre-qualified
substitute employee.\3\ A pre-qualified substitute employee is an
employee of a member organization who has been approved to work on the
Exchange trading floor and can be assigned to work on the trading floor
at any time that the member organization has a trading license
available for use.
---------------------------------------------------------------------------

    \3\ The fee will continue to be in effect for approval of new
members. Telephone conversation between John Carey, Assistant
General Counsel, NYSE, and Nathan Saunders, Special Counsel,
Division of Market Regulation, Exchange, on October 3, 2007.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act \4\ in general and furthers
the objectives of Section 6(b)(4) of the Act \5\ in particular, in that
it is designed to provide for the equitable allocation of reasonable
dues, fees, and other charges among its members and other persons using
its facilities.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f.
    \5\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    Written comments were neither solicited nor received.

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

    The foregoing proposed rule change has become effective upon filing
pursuant to Section 19(b)(3)(A) of the

Act \6\ and Rule 19b-4(f)(2) \7\ thereunder, because it establishes or
changes a due, fee, or other charge imposed by the Exchange.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NYSE-2007-91 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2007-91. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commissions Internet Web site (http://www.sec.gov/rules/sro.shtml).

Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for inspection and copying in the
Commission's Public Reference Room, 100 F Street, NE., Washington, DC
20549, on official business days between the hours of 10 a.m. and 3
p.m. Copies of such filing also will be available for inspection and
copying at the principal office of the NYSE. All comments received will
be posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSE-2007-91 and should be submitted on
or before October 31, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\8\
Nancy M. Morris,
Secretary.
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

 [FR Doc. E7-19911 Filed 10-9-07; 8:45 am]

BILLING CODE 8011-01-P