[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
[Notices]
[Pages 13741-13742]
[FR Doc No: 2018-06410]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP17-101-000]

Notice of Availability of the Draft Environmental Impact
Statement for the Proposed Transcontinental Gas Pipe Line Company, LLC,
Northeast Supply Enhancement Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared a draft environmental impact statement (EIS)
for the Northeast Supply Enhancement Project (NESE Project or Project)
as proposed by Transcontinental Gas Pipe Line Company, LLC (Transco) in
the above-referenced docket. Transco requests authorization to
construct and operate 36.9 miles of onshore and offshore natural gas
transmission pipeline loop \1\ and associated facilities, one new
natural gas-fired compressor station, and modifications at one existing
compressor station. The Project would provide about 400,000 dekatherms
per day of natural gas to end use residential and commercial customers
in the New York City area.
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    \1\ A loop is a segment of pipe that is installed adjacent to an
existing pipeline and connected to it at both ends. A loop generally
allows more gas to move through the system.
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    The draft EIS assesses the potential environmental effects of the
construction and operation of the Project in accordance with the
requirements of the National Environmental Policy Act (NEPA). The FERC
staff concludes that approval of the Project would result in some
adverse environmental impacts; however, all impacts would be reduced to
less-than-significant levels with the implementation of Transco's
proposed mitigation and the additional measures recommended in the
draft EIS.
    The U.S. Army Corps of Engineers, U.S. Environmental Protection
Agency, and the City of New York participated as cooperating agencies
in the preparation of the draft EIS. Cooperating agencies have
jurisdiction by law or special expertise with respect to resources
potentially affected by the proposals and participate in the NEPA
analysis. Although the cooperating agencies provide input to the
conclusions and recommendations presented in the draft EIS, the
agencies will each present its own conclusions and recommendations in
its respective record of decision or determination for the Project.
    The draft EIS addresses the potential environmental effects of the
construction and operation of the following Project facilities:
     10.2 miles of 42-inch-diameter pipeline loop in Lancaster
County, Pennsylvania (the Quarryville Loop);
     3.4 miles of 26-inch-diameter pipeline loop in Middlesex
County, New Jersey (the Madison Loop);
     23.5 miles of 26-inch-diameter pipeline loop in Middlesex
and Monmouth Counties, New Jersey, and Queens and Richmond Counties,
New York (the Raritan Bay Loop \2\);
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    \2\ Except for 0.2 mile of pipe in onshore Middlesex County, New
Jersey, the Raritan Bay Loop would occur in offshore New Jersey
waters (6.0 miles) and offshore New York waters (17.3 miles).
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     modification of existing Compressor Station 200 in Chester
County, Pennsylvania;
     construction of new Compressor Station 206 in Somerset
County, New Jersey; and
     ancillary facilities (including cathodic protection
systems, new and modified mainline valves with tie-in assemblies, new
and modified launcher/receiver facilities, and facilities to connect
the Raritan Bay Loop to the existing Rockaway Delivery Lateral at the
Rockaway Transfer Point).
    The FERC staff mailed copies of the draft EIS to federal, state,
and local government representatives and agencies; elected officials;
environmental and public interest groups; Native American tribes;
potentially affected landowners and other interested individuals and
groups; and newspapers and libraries in the Project area. Paper copy
versions of this draft EIS were mailed to those specifically requesting
them; all others received a CD version. In addition, the draft EIS is
available for public viewing on the FERC's website (www.ferc.gov) using
the eLibrary link. A limited number of copies are available for
distribution and public inspection at: Federal Energy Regulatory
Commission, Public Reference Room, 888 First Street NE, Room 2A,
Washington, DC 20426,<PHONE_NUMBER>.
    Any person wishing to comment on the draft EIS may do so. To ensure
consideration of your comments on the proposal in the final EIS, it is
important that the Commission receive your comments on or before May
14, 2018.
    For your convenience, there are four methods you can use to submit
your comments to the Commission. The Commission will provide equal
consideration to all comments received, whether filed in written form
or provided verbally. The Commission encourages electronic filing of
comments and has expert staff available to assist you at<PHONE_NUMBER>
or [email protected]. Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature on the Commission's website (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for submitting brief,
text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature on the Commission's website (www.ferc.gov) under the link to
Documents and Filings. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' If you are filing a comment on a particular project,

please select ``Comment on a Filing'' as the filing type; or
    (3) You can file a paper copy of your comments by mailing them to
the following address. Be sure to reference the Project docket number
(CP17-101-000) with your submission: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE, Room 1A,
Washington, DC 20426.
    (4) In lieu of sending written or electronic comments, the
Commission invites you to attend one of the public comment sessions its
staff will conduct in the Project area to receive comments on the draft
EIS, scheduled as follows:

------------------------------------------------------------------------
        Date and time                           Location
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Wednesday, April 25, 5:00 to   George Bush Senior Center, 1 Old Bridge
 9:00 p.m.                      Plaza, Old Bridge, NJ 08857, (732) 721-
                                5600.
Thursday, April 26, 5:00 to    Best Western Gregory Hotel, 8315 4th
 9:00 p.m.                      Avenue, Brooklyn, NY 11209, (718) 238-
                                3737.
Wednesday, May 2, 5:00 to      Franklin Township Community Center, 505
 9:00 p.m.                      Demott Lane, Somerset, NJ 08873, (732)
                                873-1991.
Thursday, May 3, 5:00 to 9:00  Solanco High School, 585 Solanco Road,
 p.m.                           Quarryville, PA 17566,<PHONE_NUMBER>.
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    The primary goal of these comment sessions is to have you identify
the specific environmental issues and concerns with the draft EIS.
Individual verbal comments will be taken on a one-on-one basis with a
court reporter. This format is designed to receive the maximum amount
of verbal comments in a convenient way during the timeframe allotted.
    Each comment session is scheduled from 5:00 p.m. to 9:00 p.m.
Eastern Time Zone. You may arrive at any time after 5:00 p.m. There
will not be a formal presentation by Commission staff when the session
opens. The Commission staff will hand out numbers to those who wish to
speak in the order of their arrival until 8:00 p.m. If no additional
numbers have been handed out and all individuals who wish to provide
comments have had an opportunity to do so, staff may conclude the
session at 8:00 p.m.
    Your verbal comments will be recorded by the court reporter (with
FERC staff or representative present) and become part of the public
record for this proceeding. Transcripts will be publicly available on
FERC's eLibrary system (see below for instructions on using eLibrary).
If a significant number of people are interested in providing verbal
comments in the one-on-one settings, a time limit of 3 to 5 minutes may
be implemented for each commenter.
    It is important to note that written comments mailed to the
Commission and those submitted electronically are reviewed by staff
with the same scrutiny and consideration as the verbal comments given
at the public sessions. Although there will not be a formal
presentation, Commission staff will be available throughout the evening
to answer your questions about the environmental review process.
    Any person seeking to become a party to the proceeding must file a
motion to intervene pursuant to Rule 214 of the Commission's Rules of
Practice and Procedures (18 CFR part 385.214).\3\ Only intervenors have
the right to seek rehearing of the Commission's decision. The
Commission grants affected landowners and others with environmental
concerns intervenor status upon showing good cause by stating that they
have a clear and direct interest in this proceeding which no other
party can adequately represent. Simply filing environmental comments
will not give you intervenor status, but you do not need intervenor
status to have your comments considered.
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    \3\ See the previous discussion on the methods for filing
comments.
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Questions

    Additional information about the Project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search,'' and enter the docket number
excluding the last three digits in the Docket Number field (i.e., CP17-
101). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
[email protected] or toll free at<PHONE_NUMBER>; for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription that allows you to keep track of all formal issuances and
submittals in specific dockets. This can reduce the amount of time you
spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Dated: March 23, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-06410 Filed 3-29-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 115 (Wednesday, June 15, 2022)]
[Rules and Regulations]
[Pages 36063-36068]
[FR Doc No: 2022-12878]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2017-0663; FRL-9875-01-OCSPP]

5-Decyne-4,7-Diol, 2,4,7,9-Tetramethyl- and 6-Dodecyne-5,8-Diol,
2,5,8,11-Tetramethyl-; Exemption From the Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of 5-decyne-4,7-diol, 2,4,7,9-tetramethyl-
(CAS Reg. No. 126-86-3), herein referred to as TMDD, and 6-dodecyne-
5,8-diol, 2,5,8,11-tetramethyl- (CAS Reg. No. 68227-33-8), herein
referred to as TMDDD, when used as inert ingredients (surfactants,
related adjuvant of surfactants and carriers) in pesticide formulations
applied to growing crops pre- and post-harvest, and applied in/on
animals. Spring Trading Company (new name Spring Regulatory Sciences)
on behalf of Evonik Corp., submitted a petition to EPA under the
Federal Food, Drug, and Cosmetic Act (FFDCA), requesting the
establishment of exemptions from the requirement of a tolerance. This
regulation eliminates the need to establish a maximum permissible level
for residues of TMDD and TMDDD.

DATES: This regulation is effectiveJune 15, 2022. Objections and
requests for hearings must be received on or before August 15, 2022,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2017-0663, is available at
https://www.regulations.gov or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket) in the Environmental Protection
Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg.,
Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460-0001. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room and the OPP Docket is<PHONE_NUMBER>. For the latest
status information on EPA/DC services, docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Marietta Echevarria, Registration
Division (7505T), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

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

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Office of the Federal Register's e-CFR site at
https://www.ecfr.gov/current/title-40.

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

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2017-0663 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing and must be received by the Hearing Clerk on or before
August 15, 2022. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2017-0663, by one of
the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.

II. Petition for Exemption

    In the Federal Register of March 12, 2018 (83 FR 12311) (FRL-9974-
76), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C.
346a, announcing the filing of a pesticide petition (PP IN-11077) by
Spring Regulatory Sciences, 6620 Cypresswood Dr, Suite 250, Spring, TX
77379 on behalf of Evonik Corp., P.O. Box 34628, Richmond, VA 23234.
The petition requested that 40 CFR 180.910 be amended by establishing
an exemption from the requirement of a tolerance for residues of TMDD
(CAS Reg. No. 126-86-3) and TMDDD (CAS Reg. No. 68227-33-8) when used
as inert ingredients (surfactants, related adjuvant of surfactants and
carriers) in pesticide formulations applied to growing crops pre- and
post-harvest and applied in/on animals under 40 CFR

180.930. That document referenced a summary of the petition prepared by
Spring Regulatory Sciences on behalf of Evonik Corp., the petitioner,
which is available in the docket via https://www.regulations.gov. There
were no relevant comments received in response to the notice of filing.

III. Inert Ingredient Definition

    Inert ingredients are all ingredients that are not active
ingredients as defined in 40 CFR 153.125 and include, but are not
limited to, the following types of ingredients (except when they have a
pesticidal efficacy of their own): Solvents such as alcohols and
hydrocarbons; surfactants such as polyoxyethylene polymers and fatty
acids; carriers such as clay and diatomaceous earth; thickeners such as
carrageenan and modified cellulose; wetting, spreading, and dispersing
agents; propellants in aerosol dispensers; microencapsulating agents;
and emulsifiers. The term ``inert'' is not intended to imply
nontoxicity; the ingredient may or may not be chemically active.
Generally, EPA has exempted inert ingredients from the requirement of a
tolerance based on the low toxicity of the individual inert
ingredients.

IV. Aggregate Risk Assessment and Determination of Safety

    Section 408(c)(2)(A)(i) of the FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the tolerance is ``safe.'' Section 408(b)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings but does not include
occupational exposure. Section 408(b)(2)(C) of the FFDCA requires EPA
to give special consideration to exposure of infants and children to
the pesticide chemical residue in establishing a tolerance and to
``ensure that there is a reasonable certainty that no harm will result
to infants and children from aggregate exposure to the pesticide
chemical residue. . . .''
    EPA establishes exemptions from the requirement of a tolerance only
in those cases where it can be clearly demonstrated that the risks from
aggregate exposure to pesticide chemical residues under reasonably
foreseeable circumstances will pose no appreciable risks to human
health. In order to determine the risks from aggregate exposure to
pesticide inert ingredients, the Agency considers the toxicity of the
inert in conjunction with possible exposure to residues of the inert
ingredient through food, drinking water, and through other exposures
that occur as a result of pesticide use in residential settings. If EPA
is able to determine that a finite tolerance is not necessary to ensure
that there is a reasonable certainty that no harm will result from
aggregate exposure to the inert ingredient, an exemption from the
requirement of a tolerance may be established.
    Consistent with FFDCA section 408(c)(2)(A), and the factors
specified in FFDCA section 408(c)(2)(B), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for TMDD and TMDDD including
exposure resulting from the exemption established by this action. EPA's
assessment of exposures and risks associated with TMDD and TMDDD
follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered their
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children. Specific information on the studies received and the nature
of the adverse effects caused by TMDD and TMDDD as well as the no-
observed-adverse-effect-level (NOAEL) and the lowest-observed-adverse-
effect-level (LOAEL) from the toxicity studies are discussed in this
unit.
    TMDD and TMDDD are being assessed together because there is only a
difference in carbon chain length between the two surfactants.
Therefore, based on structure similarity, the toxicity profile is
expected to be similar for TMDD and TMDDD.
    Acute toxicity studies were available for both chemicals. TMDD
exhibits moderate acute oral toxicity with the rat acute oral lethal
dose (LD50) being greater than 500 mg/kg. TMDDD exhibits low
acute oral toxicity with the rat acute oral LD50 being
greater than 5,000 mg/kg. Dermal toxicity is moderate in rabbits for
both chemicals, as the LD50 is greater than 1,000 mg/kg, the
highest dose tested. Acute toxicity via inhalation is low. Both have a
lethal concentration (LC50) > 20 mg/L. The chemicals are
both highly irritating to the eyes and slightly irritating to the skin
of rabbits. TMDD is not a skin sensitizer. The results for skin
sensitization are equivocal for TMDDD.
    Based on the available repeated-dose data on TMDD and TMDDD, the
central nervous system is a major target organ, with convulsions,
tremors, paralysis and/or incoordination seen in dogs at 250 mg/kg/day
following treatment for 91 days via capsule. The liver is also a target
organ, with hepatocellular swelling observed in the one-generation
reproduction toxicity study in rats but these effects were observed
only at the limit dose (1,000 mg/kg/day). Additionally, non-specific
effects (decreased body weights) were observed in offspring in the one-
generation reproduction toxicity study, but these occurred at the same
doses in which maternal toxicity was observed.
    No mutagenicity, genotoxicity or chromosomal aberrations are seen
in a battery of mutagenicity tests with TMDD and TMDDD. Both chemicals
were negative in the Ames test, chromosome aberration test and mouse
lymphoma assay.
    Neurotoxicity studies are not available for review. Convulsions,
tremors, paralysis and/or incoordination were observed at 250 mg/kg/day
in dogs in a 91-day oral toxicity study via gavage. However, a clear
NOAEL was established for these effects and the chronic population
adjusted dose (cPAD) of 2 mg/kg/day is based on this study. Therefore,
there is no concern for neurotoxicity.
    Immunotoxicity toxicity studies are not available for review.
However, no evidence of immunotoxicity is seen in the available
studies.

B. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA
identifies toxicological points of departure (POD) and levels of
concern (LOCs) to use in evaluating the risk posed by human exposure to
the pesticide. For hazards that have a threshold below which there is
no appreciable risk, the toxicological POD is used as the basis for
derivation of reference values for risk assessment. PODs are developed
based on a careful analysis of the doses in each toxicological study to
determine the dose at which NOAEL and the LOAEL Uncertainty/safety
factors are used in conjunction with the POD to calculate a safe
exposure level generally referred to as a population-adjusted dose
(PAD) or a reference dose (RfD)--and a safe

margin of exposure (MOE). For non-threshold risks, the Agency assumes
that any amount of exposure will lead to some degree of risk. Thus, the
Agency estimates risk in terms of the probability of an occurrence of
the adverse effect expected in a lifetime. For more information on the
general principles EPA uses in risk characterization and a complete
description of the risk assessment process, see https://www.epa.gov/pesticides/factsheets/riskassess.htm.
    No acute endpoint was identified; therefore, an acute assessment is
not necessary. The 91-day oral study in dogs was selected for chronic
dietary exposure as well as incidental oral, dermal and inhalation
exposure scenarios. In this study, convulsions, tremors, paralysis and/
or incoordination were observed at 250 mg/kg/day. This represents the
lowest NOAEL in the database in the most sensitive species. The
standard uncertainty factors (UFs) were applied to account for
interspecies (10x) and intraspecies (10x) variations. The default value
of 100% was used for the dermal and inhalation absorption factors.

C. Exposure Assessment

    1. Dietary exposure. In evaluating dietary exposure to TMDD and
TMDDD, EPA considered exposure under the proposed exemption from the
requirement of a tolerance. EPA assessed dietary exposures from TMDD
and TMDDD in food as follows:
    An acute dietary assessment was not performed due to the lack of
adverse effects attributed to a single dietary exposure seen in the
toxicity databases.
    In conducting the chronic dietary exposure assessment using the
Dietary Exposure Evaluation Model DEEM-FCIDTM, Version 4.02, EPA used
food consumption information from the U.S. Department of Agriculture's
(USDA's) 2005-2010 National Health and Nutrition Examination Survey,
What We Eat in America (NHANES/WWEIA). As to residue levels in food, no
residue data were submitted for TMDD and TMDDD. In the absence of
specific residue data, EPA has developed an approach which uses
surrogate information to derive upper bound exposure estimates for the
subject inert ingredient. Upper bound exposure estimates are based on
the highest tolerance for a given commodity from a list of high use
insecticides, herbicides, and fungicides. A complete description of the
general approach taken to assess inert ingredient risks in the absence
of residue data is contained in the memorandum entitled ``Update to
D361707: Dietary Exposure and Risk Assessments for the Inerts.'' (12/
21/2021) and can be found at https://www.regulations.gov in docket ID
number EPA-HQ-OPP-2018-0090.
    In the dietary exposure assessment, the Agency assumed that the
residue level of the inert ingredient would be no higher than the
highest tolerance for a given commodity. Implicit in this assumption is
that there would be similar rates of degradation (if any) between the
active and inert ingredient and that the concentration of inert
ingredient in the scenarios leading to these highest levels of
tolerances would be no higher than the concentration of the active
ingredient.
    The Agency believes the assumptions used to estimate dietary
exposures lead to an extremely conservative assessment of dietary risk
due to a series of compounded conservatisms.
    First, assuming that the level of residue for an inert ingredient
is equal to the level of residue for the active ingredient will
overstate exposure. The concentrations of active ingredient in
agricultural products are generally at least 50 percent of the product
and often can be much higher. Further, pesticide products rarely have a
single inert ingredient; rather there is generally a combination of
different inert ingredients used which additionally reduces the
concentration of any single inert ingredient in the pesticide product
in relation to that of the active ingredient.
    Second, the conservatism of this methodology is compounded by EPA's
decision to assume that, for each commodity, the active ingredient
which will serve as a guide to the potential level of inert ingredient
residues is the active ingredient with the highest tolerance level.
This assumption overstates residue values because it would be highly
unlikely, given the high number of inert ingredients, that a single
inert ingredient or class of ingredients would be present at the level
of the active ingredient in the highest tolerance for every commodity.
    Finally, a third compounding conservatism is EPA's assumption that
all foods contain the inert ingredient at the highest tolerance level.
In other words, EPA assumed 100 percent of all foods are treated with
the inert ingredient at the rate and manner necessary to produce the
highest residue legally possible for an active ingredient. In summary,
EPA chose a very conservative method for estimating what level of inert
residue could be on food, then used this methodology to choose the
highest possible residue that could be found on food and assumed that
all food contained this residue. No consideration was given to
potential degradation between harvest and consumption even though
monitoring data shows that tolerance level residues are typically one
to two orders of magnitude higher than actual residues in food when
distributed in commerce.
    Accordingly, although sufficient information to quantify actual
residue levels in food is not available, the compounding of these
conservative assumptions will lead to a significant exaggeration of
actual exposures. EPA does not believe that this approach
underestimates exposure in the absence of residue data.
    For the purpose of the screening level dietary risk assessment to
support this request for an exemption from the requirement of a
tolerance for TMDD and TMDDD, a conservative drinking water
concentration value of 100 parts per billion (ppb) based on screening
level modeling was used to assess the contribution to drinking water
for chronic dietary risk assessments for TMDD and TMDDD. The exposure
for food and water utilized 14.2% and 51.5% of the cPAD (2.00 mg/kg/
day) for the U.S. population and children 1 to 2 years old,
respectively.
    2. Residential exposure. The term ``residential exposure'' is used
in this document to refer to non-occupational, non-dietary exposure
(e.g., for lawn and garden pest control, indoor pest control,
termiticides, and flea and tick control on pets). TMDD and TMDDD may be
used as inert ingredients in pesticide products that are registered for
specific uses that may result in residential exposure. A conservative
residential exposure and risk assessments were completed for pesticide
products containing TMDD and TMDDD as inert ingredients. The Agency
assessed pesticide products containing TMDD and TMDDD using exposure
scenarios used by OPP to represent conservative residential handler
exposure. Further details of this residential exposure and risk
analysis can be found at https://www.regulations.gov in the memorandum
entitled: ``JITF Inert Ingredients. Residential and Occupational
Exposure Assessment Algorithms and Assumptions Appendix for the Human
Health Risk Assessments to Support Proposed Exemption from the
Requirement of a Tolerance When Used as Inert Ingredients in Pesticide
Formulations,'' (D364751, 5/7/09, Lloyd/LaMay in docket ID number EPA-
HQ-OPP-2008-0710).
    For residential handler short-term exposure scenarios, MOEs ranged
from 230 to 33,000 and are not of concern (i.e., MOEs are >100).
Residential handler intermediate-term and long-term exposures are not
expected

because applications are not expected to occur daily or for more than
30 days. For residential post-application exposure scenarios (short-
and intermediate-term), MOEs ranged from 510 to 13,000,000 and are not
of concern (i.e., MOEs are >100).
    3. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
    Unlike other pesticides for which EPA has followed a cumulative
risk approach based on a common mechanism of toxicity, EPA has not made
a common mechanism of toxicity finding as to TMDD and TMDDD and any
other substances because TMDD and TMDDD do not appear to produce a
toxic metabolite produced by other substances. For the purposes of this
tolerance exemption, therefore, EPA has assumed that TMDD and TMDDD do
not have a common mechanism of toxicity with other substances.
    For information regarding EPA's efforts to determine which
chemicals have a common mechanism of toxicity and to evaluate the
cumulative effects of such chemicals, see EPA's website at https://www.epa.gov/pesticides/cumulative.

D. Safety Factor for Infants and Children

    In general. Section 408(b)(2)(C) of FFDCA provides that EPA shall
apply an additional tenfold (10X) margin of safety for infants and
children in the case of threshold effects to account for prenatal and
postnatal toxicity and the completeness of the database on toxicity and
exposure unless EPA determines based on reliable data that a different
margin of safety will be safe for infants and children. This additional
margin of safety is commonly referred to as the Food Quality Protection
Act (FQPA) Safety Factor (SF). In applying this provision, EPA either
retains the default value of 10X, or uses a different additional safety
factor when reliable data available to EPA support the choice of a
different factor.
    The Agency has concluded that there is reliable data to determine
that infants and children will be safe if the FQPA SF of 10x is reduced
to 1X for all exposure scenarios for the following reasons. The
toxicity database for TMDD and TMDDD contain a combined repeated dose
toxicity study with the reproduction/developmental toxicity screening
test, a one-generation reproduction toxicity and mutagenicity studies.
No fetal susceptibility is observed in either the combined repeated
dose toxicity study with the reproduction/developmental toxicity
screening test or in the 1-generation reproduction toxicity study in
rats. Offspring toxicity (decreased body weights at weaning and
lactation) is seen in the one-generation reproduction toxicity study
only at the same dose as maternal toxicity (hepatocellular swelling),
1,000 mg/kg/day. No reproduction toxicity is seen in the available
studies. Convulsions, tremors, paralysis and/or incoordination were
observed at 250 mg/kg/day in dogs in a 91-day oral toxicity study.
However, a clear NOAEL was established for these effects and the
selected POD is based on this study. Therefore, there is no concern for
neurotoxicity. Based on the adequacy of the toxicity database, the
conservative nature of the exposure assessment and the lack of concern
for prenatal and postnatal sensitivity, the Agency has concluded that
there is reliable data to determine that infants and children will be
safe if the FQPA SF of 10X is reduced to 1X.

E. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic dietary pesticide
exposures are safe by comparing aggregate exposure estimates to the
acute PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA
calculates the lifetime probability of acquiring cancer given the
estimated aggregate exposure. Short-, intermediate-, and chronic-term
risks are evaluated by comparing the estimated aggregate food, water,
and residential exposure to the appropriate PODs to ensure that an
adequate MOE exists.
    1. Acute risk. An acute aggregate risk assessment takes into
account acute exposure estimates from dietary consumption of food and
drinking water. No adverse effect resulting from a single oral exposure
was identified and no acute dietary endpoint was selected. Therefore,
TMDD and TMDDD are not expected to pose an acute risk.
    2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that chronic exposure to
TMDD and TMDDD from food and water will utilize 51.5% of the cPAD for
children 1-2 years old, the population group receiving the greatest
exposure.
    3. Short-term risk. Short-term aggregate exposure takes into
account short-term residential exposure plus chronic exposure to food
and water (considered to be a background exposure level).
    TMDD and TMDDD are currently used as inert ingredients in pesticide
products that are registered for uses that could result in short-term
residential exposure, and the Agency has determined that it is
appropriate to aggregate chronic exposure through food and water with
short-term residential exposures to TMDD and TMDDD.
    Using the exposure assumptions described in this unit for short-
term exposures, EPA has concluded the combined short-term food, water,
and residential exposures result in aggregate MOEs of 149 for adults.
Adult residential exposure combines high end dermal and inhalation
handler exposure from liquids/trigger sprayer/home garden with a high-
end post application dermal exposure from contact with treated lawns.
For children, the aggregate MOE is 141. Children's residential exposure
includes total exposures associated with contact with treated lawns
(dermal and hand-to-mouth exposures). Because EPA's level of concern
for TMDD and TMDDD are MOEs below 100, the calculated MOEs are not of
concern.
    4. Intermediate-term risk. Intermediate-term aggregate exposure
takes into account intermediate-term residential exposure plus chronic
exposure to food and water (considered to be a background exposure
level).
    TMDD and TMDDD are currently used as inert ingredients in pesticide
products that are registered for uses that could result in
intermediate-term residential exposure, and the Agency has determined
that it is appropriate to aggregate chronic exposure through food and
water with intermediate-term residential exposures to TMDD and TMDDD.
    Using the exposure assumptions described in this unit for
intermediate-term exposures, EPA has concluded that the combined
intermediate-term food, water, and residential exposures result in
aggregate MOEs of 592 for adults. Adult residential exposure includes
high end post application dermal exposure from contact with treated
lawns. For children the aggregate MOE is 170. Children's residential
exposure includes total exposures associated with contact with treated
lawns (dermal and hand-to-mouth exposures). Because EPA's level of
concern for TMDD and TMDDD are MOEs below 100, the calculated MOEs are
not of concern.
    5. Aggregate cancer risk for U.S. population. EPA has not
identified any concerns for carcinogenicity relating to TMDD and TMDDD.
TMDD and

TMDDD are not expected to pose a cancer risk to humans; therefore, a
cancer aggregate assessment was not conducted.
    6. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population, or to infants and children from aggregate
exposure to TMDD and TMDDD residues.

V. Other Considerations

Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since
the Agency is not establishing a numerical tolerance for residues of
TMDD and TMDDD in or on any food commodities.

VI. Conclusions

    Therefore, an exemption from the requirement of a tolerance is
established under 40 CFR 180.910 for residues of TMDD and TMDDD when
used as inert ingredients (surfactants, related adjuvant of surfactants
and carriers) in pesticide formulations applied in/on growing crops
pre- and post-harvest and applied in/on animals under 40 CFR 180.930.

VII. Statutory and Executive Order Reviews

    This action establishes exemptions from the requirement of a
tolerance under FFDCA section 408(d) in response to a petition
submitted to the Agency. The Office of Management and Budget (OMB) has
exempted these types of actions from review under Executive Order
12866, entitled ``Regulatory Planning and Review'' (58 FR 51735,
October 4, 1993). Because this action has been exempted from review
under Executive Order 12866, this action is not subject to Executive
Order 13211, entitled ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) or Executive Order 13045, entitled ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997). This action does not contain any information
collections subject to OMB approval under the Paperwork Reduction Act
(PRA) (44 U.S.C. 3501 et seq.), nor does it require any special
considerations under Executive Order 12898, entitled ``Federal Actions
to Address Environmental Justice in Minority Populations and Low-Income
Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the exemptions in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the National Government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

VIII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

    Dated: June 9, 2022.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.

List of Subjects in 40 CFR Part 180

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

    Therefore, for the reasons stated in the preamble, EPA is amending
40 CFR chapter I as follows:

PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
IN FOOD

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

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

0
2. In Sec.  180.910, amend Table 1 to 180.910, by adding in
alphabetical order, the entries for ``5-decyne-4,7-diol, 2,4,7,9-
tetramethyl- (CAS Reg. No. 126-86-3)'' and ``6-dodecyne-5,8-diol,
2,5,8,11-tetramethyl- (CAS Reg. No. 68227-33-8)'' to read as follows:

Sec.  180.910   Inert ingredients used pre- and post-harvest;
exemptions from the requirement of a tolerance.

* * * * *

                        Table 1 to Sec.   180.910
------------------------------------------------------------------------
        Inert ingredients             Limits              Uses
------------------------------------------------------------------------

                              * * * * * * *
5-decyne-4,7-diol, 2,4,7,9-        ...........  surfactant, related
 tetramethyl- (CAS Reg. No. 126-                 adjuvant of surfactants
 86-3).                                          and carriers.
6-dodecyne-5,8-diol, 2,5,8,11-     ...........  surfactant, related
 tetramethyl- (CAS Reg. No. 68227-               adjuvant of surfactants
 33-8).                                          and carriers.

                              * * * * * * *
------------------------------------------------------------------------

0
3. In Sec.  180.930, amend Table 1 to 180.930, by adding in
alphabetical order, the entries for ``5-decyne-4,7-diol, 2,4,7,9-
tetramethyl- (CAS Reg. No. 126-86-3)'' and ``6-dodecyne-5,8-diol,
2,5,8,11-tetramethyl- (CAS Reg. No. 68227-33-8)'' to read as follows:

Sec.  180.930   Inert ingredients applied to animals; exemptions from
the requirement of a tolerance.

* * * * *

                        Table 1 to Sec.   180.930
------------------------------------------------------------------------
        Inert ingredients             Limits              Uses
------------------------------------------------------------------------

                              * * * * * * *
5-decyne-4,7-diol, 2,4,7,9-        ...........  surfactant, related
 tetramethyl- (CAS Reg. No. 126-                 adjuvant of surfactants
 86-3).                                          and carriers.
6-dodecyne-5,8-diol, 2,5,8,11-     ...........  surfactant, related
 tetramethyl- (CAS Reg. No. 68227-               adjuvant of surfactants
 33-8).                                          and carriers.

                              * * * * * * *
------------------------------------------------------------------------

[FR Doc. 2022-12878 Filed 6-14-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 54 (Wednesday, March 22, 2017)]
[Rules and Regulations]
[Pages 14607-14608]
[FR Doc No: 2017-05648]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0137]

Drawbridge Operation Regulation; Shark River, Avon, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the NJ Transit Railroad Bridge across
Shark River (South Channel), mile 0.9, at Avon, NJ. This deviation is
necessary to facilitate testing and replacement of the drive motor.
This deviation allows the bridge to remain in the closed-to-navigation
position.

DATES: This deviation is effective from 10 p.m. on March 24, 2017,
through 6 a.m. on March 25, 2017.

ADDRESSES: The docket for this deviation, [USCG-2017-0137] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Martin Bridges, Bridge
Administration Branch Fifth District, Coast Guard, telephone 757-398-
6422, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The New Jersey Transit, who owns and
operates the NJ Transit Railroad Bridge across the Shark River, mile
0.9, at Avon, NJ, has requested a temporary deviation from the current
operating regulation set out in 33 CFR 117.751, to facilitate
replacement of the drive motor on the vertical span of the bridge.
    Under this temporary deviation, the bridge will remain in the
closed-to-navigation position from 10 p.m., March 24, 2017, to 6 a.m.,
March 25, 2017. The drawbridge is a single span which has a vertical
clearance in the closed-to-navigation position of 9 feet above mean
high water.
    The NJ Transit Railroad Bridge is used by recreational vessels, tug
and barge traffic, fishing vessels, and small commercial vessels. The
Coast Guard has carefully considered the nature and volume of vessel
traffic on the waterway in publishing this temporary deviation.
    Vessels able to pass through the bridge in the closed position may
do so at anytime. The bridge span will not be able to open in case of
an emergency and there is no immediate alternate route for vessels to
pass. The Coast Guard will also inform the users of the waterway
through our Local Notice and Broadcast Notices to Mariners of the
change in operating schedule for the bridge so that vessel operators
can arrange their transits to minimize any impact caused by the
temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: March 6, 2017.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2017-05648 Filed 3-21-17; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)]
[Notices]
[Pages 3123-3125]
[FR Doc No: 2016-01113]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Sunshine Act Meeting Notice

    The following notice of meeting is published pursuant to section
3(a) of the government in the Sunshine Act (Pub. L. 94-409), 5 U.S.C.
552b:

AGENCY HOLDING MEETING: Federal Energy Regulatory Commission.

DATE AND TIME: January 21, 2016, 10:00 a.m.

PLACE: Room 2C, 888 First Street NE., Washington, DC 20426.

STATUS: OPEN.

MATTERS TO BE CONSIDERED: Agenda.
    * NOTE--Items listed on the agenda may be deleted without further
notice.

CONTACT PERSON FOR MORE INFORMATION: Kimberly D. Bose, Secretary,
Telephone<PHONE_NUMBER>.
    For a recorded message listing items struck from or added to the
meeting, call<PHONE_NUMBER>.
    This is a list of matters to be considered by the Commission. It
does not include a listing of all documents relevant to the items on
the agenda. All

public documents, however, may be viewed on line at the Commission's
Web site at http://www.ferc.gov using the eLibrary link, or may be
examined in the Commission's Public Reference Room.

                                        1023RD--MEETING, REGULAR MEETING
                                          [January 21, 2016 10:00 a.m.]
----------------------------------------------------------------------------------------------------------------
                 Item No                           Docket No.                           Company
----------------------------------------------------------------------------------------------------------------
                                                 ADMINISTRATIVE
----------------------------------------------------------------------------------------------------------------
A-1.....................................  AD16-1-000.................  Agency Administrative Matters
----------------------------------------------------------------------------------------------------------------
A-2.....................................  AD16-7-000.................  Customer Matters, Reliability, Security
                                                                        and Market Operations
----------------------------------------------------------------------------------------------------------------
                                                    ELECTRIC
----------------------------------------------------------------------------------------------------------------
E-1.....................................  RM16-5-000.................  Offer Caps in Markets Operated by
                                                                        Regional Transmission Organizations and
                                                                        Independent System Operators
E-2.....................................  RM15-14-000................  Revised Critical Infrastructure
                                                                        Protection Reliability Standards
E-3.....................................  ER14-1174-000..............  Southwest Power Pool, Inc.
                                          EL11-34-002................  Midwest Independent Transmission System
                                                                        Operator, Inc.
                                          EL14-21-000................  Southwest Power Pool, Inc. v.
                                                                        Midcontinent Independent System
                                                                        Operator, Inc.
                                          EL14-30-000................  Midcontinent Independent System Operator,
                                                                        Inc. v. Southwest Power Pool, Inc.
E-4.....................................  ER14-1174-001..............  Southwest Power Pool, Inc.
                                          EL11-34-003................  Midwest Independent Transmission System
                                                                        Operator, Inc.
                                          EL14-21-001................  Southwest Power Pool, Inc. v.
                                                                        Midcontinent Independent System
                                                                        Operator, Inc.
                                          EL14-30-001................  Midcontinent Independent System Operator,
                                                                        Inc. v. Southwest Power Pool, Inc.
E-5.....................................  ER16-56-000................  Midcontinent Independent System Operator,
                                                                        Inc.
E-6.....................................  QM14-3-000.................  Entergy Services, Inc.
                                                                       Entergy Arkansas, Inc.
                                                                       Entergy Gulf States Louisiana, L.L.C.
                                                                       Entergy Louisiana, LLC
                                                                       Entergy Mississippi, Inc.
                                                                       Entergy New Orleans, Inc.
                                                                       Entergy Texas, Inc.
E-7.....................................  QM15-3-000.................  Arkansas Electric Cooperative Corporation
E-8.....................................  ER15-2418-001..............  Pacific Gas and Electric Company
                                          EL15-30-001 (Consolidated).  San Francisco Bay Area Rapid Transit
                                                                        District v. Pacific Gas and Electric
                                                                        Company
E-9.....................................  OMITTED....................
E-10....................................  ER15-1783-001..............  California Independent System Operator
                                                                        Corporation
E-11....................................  EL15-96-000................  Backyard Farms Energy LLC
                                                                       Devonshire Energy LLC
----------------------------------------------------------------------------------------------------------------
                                                  MISCELLANEOUS
----------------------------------------------------------------------------------------------------------------
M-1.....................................  RM15-26-000................  Instant Final Rule Transferring Certain
                                                                        Dispute Resolution Service Matters to
                                                                        the Commission's Landowner Helpline
----------------------------------------------------------------------------------------------------------------
                                                       GAS
----------------------------------------------------------------------------------------------------------------
G-1.....................................  RP16-302-000...............  Columbia Gulf Transmission, LLC
G-2.....................................  RP16-301-000...............  Iroquois Gas Transmission System, L.P.
G-3.....................................  RP16-300-000...............  Empire Pipeline, Inc.
G-4.....................................  RP16-299-000...............  Tuscarora Gas Transmission Company
----------------------------------------------------------------------------------------------------------------
                                                      HYDRO
----------------------------------------------------------------------------------------------------------------
H-1.....................................  P-2114-276.................  Public Utility District No. 2 of Grant
                                                                        County, Washington
----------------------------------------------------------------------------------------------------------------
                                                  CERTIFICATES
----------------------------------------------------------------------------------------------------------------
C-1.....................................  OMITTED....................
----------------------------------------------------------------------------------------------------------------
C-2.....................................  CP15-105-000...............  Texas Gas Transmission, Inc.
----------------------------------------------------------------------------------------------------------------

     Dated: January 14, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
    A free Web cast of this event is available through www.ferc.gov.
Anyone with Internet access who desires to view this event can do so by
navigating to www.ferc.gov's Calendar of Events and locating this event
in the Calendar. The event will contain a link to its Web cast. The
Capitol Connection provides technical support for the free Web casts.
It also offers access to this event via television in the DC area and
via phone bridge for a fee. If you have any questions, visit
www.CapitolConnection.org or contact Danelle Springer or David
Reininger at<PHONE_NUMBER>.
    Immediately following the conclusion of the Commission Meeting, a
press briefing will be held in the Commission Meeting Room. Members of
the public may view this briefing in the designated

overflow room. This statement is intended to notify the public that the
press briefings that follow Commission meetings may now be viewed
remotely at Commission headquarters, but will not be telecast through
the Capitol Connection service.

[FR Doc. 2016-01113 Filed 1-15-16; 4:15 pm]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 24 (Monday, February 5, 2018)]
[Rules and Regulations]
[Pages 5035-5037]
[FR Doc No: 2018-02159]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0009]
RIN 1625-AA08

Special Local Regulation; Black Warrior River; Tuscaloosa, AL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary special local
regulation on the Black Warrior River extending the entire width of the
river from mile marker 339.0 to mile marker 341.5 in Tuscaloosa, AL.
The special local regulation is needed to protect the persons
participating in the NCAA Collegiate Rowing Competition marine event.
Entry into, transiting through, or exiting from this regulated area is
prohibited unless specifically authorized by the Captain of the Port
Sector Mobile, or a designated representative.

DATES: This rule is effective from 6 a.m. until noon on February 24,
2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0009 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Kyle D. Berry, Sector Mobile, Waterways
Management Division, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Mobile
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec. Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. The
event sponsors have informed the U.S. Coast Guard that a marine event
will occur on February 24, 2018. After gathering all necessary
information, including safety needs related to this event, the Coast
Guard determined that this special local regulation is necessary for
this event. It is impracticable to publish an NPRM because we must
establish this special local regulation by February 24, 2018 and lack
sufficient time to provide a reasonable comment period and then
consider those comments before issuing this rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is necessary to protect persons and property
from the dangers associated with the rowing event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The Captain of the Port Sector Mobile (COTP) has determined that
potential hazards associated with the rowing event on February 24, 2018
will be a safety concern for anyone within the area of the Black
Warrior River between mile markers 339.0 and 341.5. This rule is needed
to protect participants, spectators, and other persons and vessels
during the rowing event on navigable waters.

IV. Discussion of the Rule

    This rule establishes a special local regulation on February 24,
2018, which will be enforced between the 6 a.m. and noon. The special
local regulation takes place on the Black Warrior River between mile
markers 339.0 and 341.5, extending the entire width of the navigable
channel. The duration of the regulation is intended to protect
participants, spectators, and other persons and vessels before, during,
and after the rowing event. No vessel or person will be permitted to
enter into, transit through, or exist the regulated area without
obtaining permission from the COTP or a designated representative.
    The Coast Guard will patrol the regatta area under the direction of
the COTP, or a designated representative. A designated representative
may be a Coast Guard Patrol Commander (PATCOM). Patrol Commander
(PATCOM) means a Coast Guard commissioned, warrant, or petty officer
who has been designated by the COTP to monitor the rowing area, permit
entry into the area, give legally enforceable orders to persons or
vessels within the area, and take other actions authorized by the COTP.
The PATCOM will be aboard either a Coast Guard or Coast Guard Auxiliary
vessel. The PATCOM may be contacted on Channel 16 (156.8 MHZ) by the
call sign ``Coast Guard Patrol Commander.''
    All persons and vessels not registered with the event sponsor as
participants or official patrol vessels are considered spectators. The
``official patrol vessels'' consist of any Coast Guard, state, or local
law enforcement and sponsor provided vessels assigned or approved by
the COTP to patrol the regulated area.
    Spectator vessels desiring to enter, transit through or within, or
exit the regulated area may request permission to do so from the COTP
or a PATCOM. When permitted to transit the area vessels must follow
restrictions within the regulated area as directed by the Coast Guard,
and must operate at a minimum safe navigation speed in a manner which
will not endanger participants in the regulated area or any other
vessels.
    No spectator vessel shall anchor, block, loiter, or impede the
through transit of participants or official patrol vessels in the
regulated area during the effective dates and times, unless cleared for
entry by or through an official patrol vessel.

    Any spectator vessel may anchor outside the regulated area, but may
not anchor in, block, or loiter in a navigable channel. Spectator
vessels may be moored to a waterfront facility within the regulated
area in such a way that they shall not interfere with the progress of
the event. Such mooring must be complete at least 30 minutes prior to
the establishment of the regulated area and remain moored through the
duration of the event.
    The COTP or a designated representative may forbid and control the
movement of all vessels in the regulated area. When hailed or signaled
by an official patrol vessel, a vessel shall come to an immediate stop
and comply with the directions given. Failure to do so may result in
expulsion from the area, citation for failure to comply, or both.
    The COTP or a designated representative may terminate the event or
the operation of any vessel at any time it is deemed necessary for the
protection of life or property. The COTP or a designated representative
will terminate enforcement of the special local regulations at the
conclusion of the event.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. Executive Order 13563
emphasizes the importance of quantifying both costs and benefits, of
reducing costs, of harmonizing rules, and of promoting flexibility.
This rule has not been designated a ``significant regulatory action,''
under Executive Order 12866. Accordingly, it has not been reviewed by
the Office of Management and Budget Budget (OMB), and pursuant to OMB
guidance it is exempt from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-year of the regulation. The special
local regulation will take place on a 2.5 mile stretch of the Black
Warrior River between mile markers 339.0 and 341.5, during a short
duration of six hours on February 24, 2018, which is a time of year
experiencing lower than normal traffic. Moreover, the Coast Guard will
issue Broadcast Notices to Mariners via VHF-FM marine channel 16 about
the regulation so that waterway users may plan accordingly for transits
during this restriction. The rule also allows vessels to seek
permission from the COTP or a designated representative to enter the
regulated area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, which guides the Coast Guard in complying with the
National Environmental Policy Act of 1969(42 U.S.C. 4321-4370f), and
have determined that this action is one of a category of actions that
do not individually or cumulatively have a significant effect on the
human environment. This rule involves a special local regulation
lasting only six hours on the Black Warrior River between mile markers
339.0 and 341.5. It is categorically excluded from further

review under paragraph L61 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration
(REC) supporting this determination is available in the docket where
indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 100

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233; 33 CFR 1.05-1.

0
2. Add Sec.  100.35T08-0009 to read as follows:

Sec.  100.35T08-0009  Special Local Regulation; Black Warrior River,
Tuscaloosa, AL.

    (a) Regulated area. All navigable waters of the Black Warrior River
between mile markers 339.0 and 341.5, Tuscaloosa, AL.
    (b) Period of enforcement. This section will be enforced from 6
a.m. until noon on February 24, 2018.
    (c) Special local regulations. (1) In accordance with the general
regulations in Sec.  100.801, entry into, transit within or through, or
exit from this area is prohibited unless authorized by the Captain of
the Port Sector Mobile (COTP) or a designated representative. A
designated representative may be a Patrol Commander (PATCOM). The
PATCOM will be aboard either a Coast Guard or Coast Guard Auxiliary
vessel. The Patrol Commander may be contacted on Channel 16 VHF-FM
(156.8 MHz) by the call sign ``PATCOM''.
    (2) All persons and vessels not registered with the event sponsor
as participants or official patrol vessels are considered spectators.
The ``official patrol vessels'' consist of any Coast Guard, state, or
local law enforcement and sponsor provided vessels assigned or approved
by the COTP to patrol the regulated area.
    (3) Spectator vessels desiring to transit the regulated area may do
so only with prior approval of the COTP or a designated representative
and when so directed by that officer will be operated at a minimum safe
navigation speed in a manner which will not endanger participants in
the regulated area or any other vessels.
    (4) No spectator vessel shall anchor, block, loiter, or impede the
through transit of participants or official patrol vessels in the
regulated area during the effective dates and times, unless cleared for
entry by or through an official patrol vessel.
    (5) Any spectator vessel may anchor outside the regulated area, but
may not anchor in, block, or loiter in a navigable channel. Spectator
vessels may be moored to a waterfront facility within the regulated
area in such a way that they shall not interfere with the progress of
the event. Such mooring must be complete at least 30 minutes prior to
the establishment of the regulated area and remain moored through the
duration of the event.
    (6) The COTP or a designated representative may forbid and control
the movement of all vessels in the regulated area. When hailed or
signaled by an official patrol vessel, a vessel shall come to an
immediate stop and comply with the directions given. Failure to do so
may result in expulsion from the area, citation for failure to comply,
or both.
    (7) The COTP or a designated representative may terminate the event
or the operation of any vessel at any time it is deemed necessary for
the protection of life or property.
    (8) The COTP or a designated representative will terminate
enforcement of the special local regulations at the conclusion of the
event.
    (d) Informational broadcasts. The COTP or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement period for the regulated area as well as
any changes in the date and times of enforcement.

    Dated: January 26, 2018.
M.R. Mclellan,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2018-02159 Filed 2-2-18; 8:45 am]
 BILLING CODE 9110-04-P