[Federal Register Volume 82, Number 4 (Friday, January 6, 2017)]
[Rules and Regulations]
[Pages 1603-1606]
[FR Doc No: 2016-31634]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2016-0396; FRL-9957-80-Region 5]

Air Plan Approval; Ohio; Redesignation of the Cleveland, Ohio
Area to Attainment of the 2008 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) finds that the
Cleveland-Akron-Lorain, Ohio area (Cleveland area) is attaining the
2008 ozone National Ambient Air Quality Standard (NAAQS or standard)
and is redesignating the area to attainment for the 2008 ozone NAAQS,
because the area meets the statutory requirements for redesignation
under the Clean Air Act (CAA). The Cleveland area includes Ashtabula,
Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and Summit counties.
EPA is also approving, as a revision to the Ohio State Implementation
Plan (SIP), the state's plan for maintaining the 2008 ozone standard
through 2030 in the Cleveland area. Finally, EPA finds adequate and is
approving the state's 2020 and 2030 volatile organic compound (VOC) and
oxides of nitrogen (NOX) Motor Vehicle Emission Budgets
(MVEBs) for the Cleveland area. The Ohio Environmental Protection
Agency (Ohio EPA) submitted the SIP revision and redesignation request
on July 6, 2016.

DATES: This final rule is effective January 6, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2016-0396. All documents in the docket are listed in
the http://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either through
http://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Jenny Liljegren, Physical Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J),

Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

I. What is being addressed in this document?

    This rule takes action on the July 6, 2016 submission from Ohio EPA
requesting redesignation of the Cleveland area to attainment for the
2008 ozone standard. The background for today's action is discussed in
detail in EPA's proposal, dated October 17, 2016 (81 FR 71444). In that
rulemaking, we noted that, under EPA regulations at 40 CFR part 50, the
2008 ozone NAAQS is attained in an area when the 3-year average of the
annual fourth highest daily maximum 8-hour average concentration is
equal to or less than 0.075 ppm, when truncated after the thousandth
decimal place, at all of the ozone monitoring sites in the area. (See
40 CFR 50.15 and appendix P to 40 CFR part 50.) Under the CAA, EPA may
redesignate nonattainment areas to attainment if sufficient complete,
quality-assured data are available to determine that the area has
attained the standard and if it meets the other CAA redesignation
requirements in section 107(d)(3)(E). The proposed rule, dated October
17, 2016, provides a detailed discussion of how Ohio has met these CAA
requirements.
    As discussed in the proposed rule, quality-assured and certified
monitoring data for 2013-2015 and preliminary data for 2016 show that
the Cleveland area has attained and continues to attain the 2008 ozone
standard. In the maintenance plan submitted for the area, Ohio has
demonstrated that the ozone standard will be maintained in the area
through 2030. Finally, Ohio has adopted 2020 and 2030 VOC and
NOX MVEBs for the Cleveland area that are supported by
Ohio's maintenance demonstration.

II. What comments did we receive on the proposed rule?

    EPA provided a 30-day review and comment period for the October 17,
2016, proposed rule. The comment period ended on November 16, 2016.
During the comment period, comments in support of the action were
submitted on behalf of the Ohio Utility Group and its member companies.
We received no adverse comments on the proposed rule.

III. What action is EPA taking?

    EPA finds that the Cleveland nonattainment area is attaining the
2008 ozone standard, based on quality-assured and certified monitoring
data for 2013-2015 and that the Ohio portion of this area has met the
requirements for redesignation under section 107(d)(3)(E) of the CAA.
EPA is thus changing the legal designation of the Cleveland area from
nonattainment to attainment for the 2008 ozone standard. EPA is also
approving, as a revision to the Ohio SIP, the state's maintenance plan
for the area. The maintenance plan is designed to keep the Cleveland
area in attainment of the 2008 ozone NAAQS through 2030. Finally, EPA
finds adequate and is approving the newly-established 2020 and 2030
MVEBs for the Cleveland area.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for these actions to become effective immediately upon publication.
This is because a delayed effective date is unnecessary due to the
nature of a redesignation to attainment, which relieves the area from
certain CAA requirements that would otherwise apply to it. The
immediate effective date for this action is authorized under both 5
U.S.C. 553(d)(1), which provides that rulemaking actions may become
effective less than 30 days after publication if the rule ``grants or
recognizes an exemption or relieves a restriction,'' and section
553(d)(3), which allows an effective date less than 30 days after
publication ``as otherwise provided by the agency for good cause found
and published with the rule.'' The purpose of the 30-day waiting period
prescribed in section 553(d) is to give affected parties a reasonable
time to adjust their behavior and prepare before the final rule takes
effect. Today's rule, however, does not create any new regulatory
requirements such that affected parties would need time to prepare
before the rule takes effect. Rather, today's rule relieves the state
of planning requirements for this ozone nonattainment area. For these
reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) for these
actions to become effective on the date of publication of these
actions.

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of

Indian country, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because redesignation is an action that affects the status of a
geographical area and does not impose any new regulatory requirements
on tribes, impact any existing sources of air pollution on tribal
lands, nor impair the maintenance of ozone national ambient air quality
standards in tribal lands.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action 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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 7, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Oxides of nitrogen, Ozone,
Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Administrative practice and procedure,
Air pollution control, Designations and classifications,
Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

    Dated: December 21, 2016.
Robert A. Kaplan
Acting Regional Administrator, Region 5.

0
Parts 52 and 81, chapter I, title 40 of the Code of Federal Regulations
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
2. Section 52.1885 is amended by adding paragraph (pp)(3) to read as
follows:

Sec.  52.1885   Control strategy: Ozone.

* * * * *
    (pp) * * *
    (3) Approval--On July 6, 2016, the Ohio Environmental Protection
Agency submitted a request to redesignate the Cleveland area to
attainment of the 2008 ozone NAAQS. As part of the redesignation
request, the State submitted a maintenance plan as required by section
175A of the Clean Air Act. Elements of the section 175 maintenance plan
include a contingency plan and an obligation to submit a subsequent
maintenance plan revision in eight years as required by the Clean Air
Act. The 2020 motor vehicle emissions budgets for the Cleveland area
are 38.85 tons per summer day (TPSD) for VOC and 61.56 TPSD for
NOX. The 2030 motor vehicle emissions budgets for the
Cleveland area are 30.80 TPSD for VOC and 43.82 TPSD for
NOX.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
4. Section 81.336 is amended by revising the entry for Cleveland-Akron-
Lorain, OH in the table entitled ``Ohio-2008 8-Hour Ozone NAAQS
(Primary and secondary)'' to read as follows:

Sec.  81.336  Ohio.

* * * * *

                                          Ohio--2008 8-Hour Ozone NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                             Designation                            Classification
        Designated area        ---------------------------------------------------------------------------------
                                   Date \1\             Type                Date \1\                Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Cleveland, OH: \2\ Ashtabula          1/6/2017  Attainment.           ....................  ....................
 County, Cuyahoga County,
 Geauga County, Lake County,
 Lorain County, Medina County,
 Portage County, Summit County.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.

* * * * *

[FR Doc. 2016-31634 Filed 1-5-17; 8:45 am]
BILLING CODE 6560-50-P


02 NCAC 09L .1807          SPECIFIC INFORMATION ABOUT APPLICATIONS
(a)  Concerning application information requirements contained in 40 CFR Sections 170.122 and 170.222 the following is also required to be completed by the agricultural employer:
(1)           In addition to the requirements of Sections 170.122(c)(3), and 170.222(c)(3), the specific time of day when each pesticide application was completed must be recorded immediately upon completion of the application.  Each day of the application shall be recorded as a separate record.
(2)           After the application information referenced in (a)(1) of this Rule and the other information in Sections 170.122(c) and 170.222(c) has been displayed for the required period of time in Section 170.122(b) and 170.222(b), the agricultural employer shall maintain the information for a period of two years from the specific time of day when each pesticide application was completed.  Such information shall be available for inspection and copying by the Board or its agents upon their request.
(b)  In addition to information contained in Section 170.224(b), the handler employer must make the agricultural owner aware of the specific time of day when each pesticide application was completed.  The agricultural employer shall display the information immediately and shall make it part of the record required to be maintained in Paragraph (a)(1) and (2) of this Rule.

History Note:        Authority G.S. 143-466(a);
Eff. May 1, 2009.


[Federal Register Volume 83, Number 80 (Wednesday, April 25, 2018)]
[Rules and Regulations]
[Page 17921]
[FR Doc No: 2018-08625]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0325]

Drawbridge Operation Regulation; Upper Mississippi River, Rock
Island, IL

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Rock Island Railroad and Highway
Drawbridge across the Upper Mississippi River, mile 482.9, at Rock
Island, Illinois. The deviation is necessary to facilitate the Quad
City Heart Walk. This deviation allows the bridge to remain in the
closed-to-navigation position for approximately two and a half (2.5)
hours on one day until the race is completed.

DATES: This deviation is effective from 8:30 a.m. through 11 a.m. on
May 19, 2018.

ADDRESSES: The docket for this deviation, [USCG-2018-0325] 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. Eric A. Washburn, Bridge
Administrator, Western Rivers, Coast Guard; telephone<PHONE_NUMBER>,
email [email protected].

SUPPLEMENTARY INFORMATION: The U.S. Army Rock Island Arsenal, owner and
operator of the Rock Island Railroad and Highway Drawbridge, across the
Upper Mississippi River, mile 482.9, at Rock Island, Illinois,
requested a temporary deviation from the current operating schedule to
accommodate the Quad City Heart Walk. The bridge has a vertical
clearance of 23.8 feet above normal pool in the closed-to-navigation
position. This bridge is governed by 33 CFR 117.5.
    This deviation allows the bridge to remain in the closed-to-
navigation position from 8:30 a.m. through 11 a.m. on May 19, 2018.
Navigation on the waterway consists primarily of commercial tows and
recreational watercraft. This temporary deviation has been coordinated
with waterway users. No objections were received.
    Vessels able to pass through the bridge in the closed position may
do so at any time. The bridge will not be able to open for emergencies
and there are no alternate routes for vessels transiting this section
of the Upper Mississippi River. The Coast Guard will inform users of
the waterways through our Local and Broadcast Notices to Mariners of
the change in operating schedule for the bridge so the vessel operators
can arrange their transits to minimize any impact caused by this
temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: April 19, 2018.
Eric A. Washburn,
Bridge Administrator, Western Rivers.
[FR Doc. 2018-08625 Filed 4-24-18; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 170 (Thursday, September 1, 2016)]
[Notices]
[Pages 60395-60396]
[FR Doc No: 2016-21021]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78700; File No. S7-24-89]

Joint Industry Plan; Notice of Filing and Immediate Effectiveness
of Amendment No. 37 to the Joint Self-Regulatory Organization Plan
Governing the Collection, Consolidation and Dissemination of Quotation
and Transaction Information for Nasdaq-Listed Securities Traded on
Exchanges on an Unlisted Trading Privileges Basis To Add the Investors
Exchange LLC as a Participant

August 26, 2016.
    Pursuant to Section 11A(a)(3) of the Securities Exchange Act of
1934 (``Exchange Act'') \1\ and Rule 608 thereunder,\2\ notice is
hereby given that on August 11, 2016 the Participants in the Joint
Self-Regulatory Organization Plan Governing the Collection,
Consolidation and Dissemination of Quotation and Transaction
Information for Nasdaq-Listed Securities Traded on Exchanges on an
Unlisted Trading Privileges Basis (``NASDAQ/UTP Plan'' or ``Plan'') \3\
filed with the Securities and Exchange Commission (``Commission'') \4\
an amendment to the Plan to add Investors Exchange LLC (``IEX'') as a
Participant \5\ to the Plan. The Commission is publishing this notice
to solicit comments on the amendment from interested persons.
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    \1\ 15 U.S.C. 78k-1(a)(3).
    \2\ 17 CFR 242.608.
    \3\ See, e.g., Securities Exchange Act Release No. 55647 (April
19, 2007) 72 FR 20891 (April 26, 2007).
    \4\ See Letter from Emily Kasparov, Chairman, Operating
Committee, NASDAQ UTP Plan, to Brent J. Fields, Secretary,
Securities and Exchange Commission, dated August 10, 2016.
    \5\ The term ``Participant'' is defined as a registered national
securities exchange or national securities association that is a
signatory to the Plan
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I. Description and Purpose of the Plan Amendment

    As noted above, the amendment to the Plan adds the IEX as a
Participant. On June 17, 2016, the Commission issued an order granting
IEX's application for registration as a national securities
exchange.\6\ A condition of the Commission's approval was the
requirement for IEX to join the Plan.
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    \6\ See Securities Exchange Act Release No. 78101 (June 17,
2016), 81 FR 41141 (June 23, 2016).
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    Under Section I.B of the Plan, any other national securities
association or national securities exchange, in whose market Eligible
Securities become traded, may become a Participant, provided that said
organization executes a copy of the Plan and pays its share of
development costs, as specified in the Plan. The amendment is effective
upon filing with the Commission in accordance with Rule 608 of
Regulation NMS.
    IEX has satisfied all requirements under the Plan, and has executed
a copy of the Plan currently in effect, with the only change being the
addition of its name to the Plan. Accordingly, all of the Plan
requirements for effecting an amendment to the Plan to add IEX as a
Participant have been satisfied.

II. Effectiveness of the Proposed Plan Amendment

    The foregoing Plan amendment has become effective pursuant to Rule
608(b)(3)(iii) of the Exchange Act \7\ because it involves solely
technical or ministerial matters. At any time within sixty days of the
filing of this amendment, the Commission may summarily abrogate the
amendment and require that it be refiled pursuant to paragraph (a)(1)
of Rule 608,\8\ if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or the maintenance of fair and orderly markets, to remove
impediments to, and perfect the mechanisms of, a national market system
or otherwise in furtherance of the purposes of the Exchange Act.
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    \7\ 17 CFR 242.608(b)(3)(iii).
    \8\ 17 CFR 242.608(a)(1).
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III. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the amendment is
consistent with the Exchange 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 email to<EMAIL_ADDRESS>Please include
File Number S7-24-89 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number S7-24-89. This file number
should be included on the subject line if email is used. To help the
Commission process and review your comments more efficiently, please
use only one method. The Commission will post all comments on the
Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed plan amendment that are filed
with the Commission, and all written communications relating to the
amendment 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 Web site viewing and printing in the
Commission's Public Reference Room, 100 F Street NE., Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Chicago Stock Exchange. 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 S7-24-89 and should be
submitted on or before September 22, 2016.

    By the Commission.
Brent J. Fields,
Secretary.
[FR Doc. 2016-21021 Filed 8-31-16; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 151 (Tuesday, August 8, 2017)]
[Notices]
[Pages 37120-37121]
[FR Doc No: 2017-16710]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0052]

Material Hoists, Personnel Hoists, and Elevators Standard;
Extension of the Office of Management and Budget's (OMB) Approval of
Information Collection (Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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SUMMARY: OSHA is soliciting public comments concerning its proposal to
extend OMB approval of the information collection requirements
specified in the Standard on Material Hoists, Personnel Hoists, and
Elevators.

DATES: Comments must be submitted (postmarked, sent, or received) by
October 10, 2017.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, Federal eRulemaking
Portal. Follow the instructions online for submitting comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648. e methods, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2010-0052,
Occupational Safety and Health Administration, U.S. Department of
Labor, Room N-3653, 200 Constitution Avenue NW., Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Department of Labor's and Docket Office's normal
business hours, 10 a.m. to 3 p.m., E.T.
    Instructions: All submissions must include the Agency name and the
OSHA docket number (OSHA-2010-0052) for the Information Collection
Request (ICR). All comments, including any personal information you
provide, are placed in the public docket without change, and may be
made available online at http://www.regulations.gov. For further
information on submitting comments, see the ``Public Participation''
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other materials in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download from the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT:  Todd Owen or Theda Kenney,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor,
Room N-3609, 200 Constitution Avenue NW., Washington, DC 20210;
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accord with the Paperwork Reduction Act of
1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651
et seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the Act or for developing information
regarding the causes and prevention of occupational injuries,
illnesses, and accidents (29 U.S.C. 657). The OSH Act also requires
OSHA to obtain such information with minimum burden upon employers,
especially those operating small businesses, and to reduce to the
maximum extent feasible unnecessary duplication of efforts in obtaining
information (29 U.S.C. 657).
    Paragraph (a)(2) of the Material Hoists, Personnel Hoists, and
Elevators Standard requires that the rated load capacities, recommended
operating speeds, and special hazard warnings or instructions be posted
on cars and platforms. Paragraph (b)(1)(i) requires that operating
rules for material hoists be established and posted at the operator's
station of the hoist. These rules shall include signal system and
allowable line speed for various loads. Paragraph (c)(10) requires that
cars be provided with a capacity and data plate secured in a
conspicuous place on the car or crosshead.
    These posting requirements are used by the operator and crew of the
material and personnel hoists to determine how to use the specific
machine and how much it will be able to lift as assembled in one or a
number of particular configurations. If not properly used, the machine
would be subject to failures, endangering the workers in the immediate
vicinity.
    Paragraph (c)(15) requires that a test and inspection of all
functions and safety devices be made following the assembly and
erection of hoists. The test and inspection are to be conducted under
the supervision of a competent person. A similar inspection and test is
required following major alteration of an existing installation. All
hoists shall be inspected and tested at three-month intervals. A
certification record (the most recent) of the test and inspection must
be kept on file, including the date the test and inspection was
completed, the identification of the equipment and the signature of the
person who performed the test and inspection. This certification
ensures that the equipment has been tested and is in safe operating
condition. The most recent certification record will be disclosed to a
Compliance Safety and Health Officer during an OSHA inspection.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend its approval of the information

collection requirements contained in the Standard on Material Hoists,
Personnel Hoists, and Elevators (29 CFR 1926.552). The Agency is
requesting an adjustment decrease of 2 burden hours, from 7,103 burden
hours to 7,101 burden hours. The decrease is due to the Agency no
longer taking a burden or cost for the disclosure of records during
OSHA inspections.
    Type of Review: Extension of a currently approved collection.
    Title: Material Hoists, Personnel Hoists, and Elevators (29 CFR
1926.552).
    OMB Control Number: 1218-0231.
    Affected Public: Business or other for-profits.
    Number of Respondents: 23,472.
    Frequency of Responses: On occasion.
    Number of Responses: 24,465.
    Average Time: Various.
    Estimated Total Burden Hours: 7,101.
    Estimated Cost (Operation and Maintenance): $0.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number (Docket No. OSHA-2010-0052) for the ICR. You
may supplement submissions by uploading documents electronically. If
you wish to mail additional materials in reference to an electronic or
facsimile submission, you must submit them to the OSHA Docket Office
(see the section of this notice titled ADDRESSES). The additional
materials must clearly identify your electronic comments by your name,
date, and the docket number so the Agency can attach them to your
comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
date of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download from this Web
site. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://www.regulations.gov Web site to submit comments and
access the docket is available at the Web site's ``User Tips'' link.
Contact the OSHA Docket Office for information about materials not
available from the Web site, and for assistance in using the Internet
to locate docket submissions.

V. Authority and Signature

    Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational
Safety and Health, directed the preparation of this notice. The
authority for this notice is the Paperwork Reduction Act of 1995 (44
U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012 (77 FR
3912).

    Signed at Washington, DC, on July 31, 2017.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2017-16710 Filed 8-7-17; 8:45 am]
 BILLING CODE 4510-26-P


[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Rules and Regulations]
[Pages 53806-53809]
[FR Doc No: 2023-17019]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2021-0226; FRL-11264-01-OCSPP]

Flg22-Bt Peptide; 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 Flg22-Bt Peptide in or on all food
commodities when used as a plant regulator and inducer of local and
systemic resistance in accordance with label directions and good
agricultural practices. Elemental Enzymes Ag & Turf, LLC submitted a
petition, pursuant to section 408(d) of the Federal Food, Drug, and
Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), requesting an exemption from
the requirement of a tolerance for the biochemical pesticide Flg22-Bt
Peptide. This regulation eliminates the need to establish a maximum
permissible level for residues of Flg22-Bt Peptide under FFDCA when
used in accordance with this exemption.

DATES: This regulation is effective August 9, 2023. Objections and
requests for hearings must be received on or before October 10, 2023
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-2021-0226, 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>. Please review the
visitor instructions and additional information about the docket
available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Chris Pfeifer, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; main telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, greenhouse owner, 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(g), any person may file
an objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2021-0226 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
October 10, 2023. 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-2021-0226 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/where-send-comments-epa-dockets.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.

II. Background and Statutory Findings

    In the Federal Register of April 22, 2021 (86 FR 21317) (FRL-10022-
59), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance
petition (PP 0F8889) by Elemental Enzymes Ag & Turf, LLC, 1685 Galt
Industrial Blvd. Saint Louis, MO 63132. The petition requested that 40
CFR part 180 be amended to establish an exemption from the requirement
of a tolerance for residues of Flg22-Bt Peptide, when used as a plant
regulator and an inducer of local and systemic resistance in accordance
with label directions and good agricultural practices. That document
referenced a summary of the petition prepared by Elemental Enzymes Ag &
Turf, LLC, which is available in the docket at https://www.regulations.gov. No comments were received on the notice of filing.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings but does not include
occupational exposure. Pursuant to FFDCA section 408(c)(2)(B), in
establishing or maintaining in effect an exemption from the requirement
of a tolerance, EPA must take into account the factors set forth in
FFDCA section 408(b)(2)(C), which require EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
. '' Additionally, FFDCA section 408(b)(2)(D) requires that the Agency
consider ``available information concerning the cumulative effects of a
particular pesticide's residues'' and ``other substances that have a
common mechanism of toxicity.''
    EPA 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 harm to human health. If EPA is
able to determine that a tolerance is not necessary to ensure that
there is a reasonable certainty that no harm will result from aggregate
exposure to the pesticide chemical residue, 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 to Flg22-Bt Peptide, including
exposure resulting from the exemption established by this action. EPA's
assessment of exposures and risks associated with Flg22-Bt Peptide
follows.

A. Toxicological Profile

    Flg22-Bt Peptide is a synthetically produced and purified peptide
containing 22 amino acids. The amino acid sequence is naturally
occurring and is derived from the Bacillus thuringiensis flagellin
protein. Bacillus thuringiensis is a ubiquitous soil-dwelling bacterium
and is a common active ingredient in microbial pesticide products.
Mode-of-action claims for the active ingredient include activation of
multiple plant defense mechanisms, promotion of plant growth and
increased vigor. With regard to activation of plant defenses, it is
proposed that the active ingredient activates plant cell-surface
receptor Flagellin-Sensing 2, which results in the initiation of
various intra- and extra-cellular responses that ultimately inhibit
pathogen growth.
    As an active ingredient in pesticidal end-use products (EPs),
Flg22-Bt Peptide is intended to be applied as part of a solution,
primarily as a spray applied to crops, but also as a commercial seed
treatment and an injection for trees. Potential exposures to the
biochemical active ingredient Flg22-Bt Peptide are not expected to
result in any risks of toxicological concern. The active ingredient is
naturally occurring and is derived from the Bacillus thuringiensis
flagellin Deleprotein to which humans are already exposed. (Flagellin
is the major structural protein of the flagella of Gram-negative
bacteria, including Bacillus thuringiensis, and these microbes are
ubiquitous in the environment.) Flg22-Bt Peptide is not expected to
pose a risk through any pathways for the following reasons. (1) Flg22-
Bt Peptide degrades in the gastrointestinal tract as it is digested by
the common digestive enzyme Pepsin. (2) This peptide sequence is
dissimilar to any allergenic peptide sequences. As such, the potential
for any allergenicity is negligible. (3) Negligible potential for
allergenicity notwithstanding, Flg22-Bt Peptide is rapidly degraded
under simulated mammalian gastric conditions and will not persist long
enough under these conditions to induce an allergic response. (4)
Flg22-Bt Peptide degrades rapidly in the environment and is not
anticipated to be present in any concentration outside potential
naturally occurring background levels. (5) No toxicological endpoints
have been identified for Flg22-Bt Peptide. All the data submitted in
support of the registration of this peptide confirm its low toxicity
profile.
    With regard to the overall toxicological profile, Flg22-Bt Peptide
is of low toxicity. Acute toxicity data indicate that Flg22-Bt Peptide
is Toxicity Category IV for acute oral toxicity, acute dermal toxicity,
dermal irritation, and eye irritation, and Toxicity Category III for
acute inhalation toxicity. The available data also suggest it is not a
skin sensitizer. Guideline

studies were submitted for all the acute toxicity data requirements.
    All subchronic data requirements for the active ingredient Flg22-Bt
Peptide (90-day oral toxicity, 90-day dermal toxicity and 90-day
inhalation toxicity) were satisfied with acceptable waiver rationales,
based on low toxicity and low exposure. The 90-day oral toxicity
rationale provided the following points of support: (1) Flg22-Bt
Peptide is of low acute oral toxicity (Toxicity Category IV); (2) based
on an acceptable in vitro digestion study using simulated gastric
fluid, Flg22-Bt Peptide is anticipated to be rapidly and completely
degraded in the gastrointestinal tract; (3) a search of in silico
databases revealed no similarity in sequence between the Flg22-Bt
Peptide and any known protein toxins, indicating low toxicity through
its structural relationships; (4) Flg22-Bt Peptide is naturally
occurring and is derived from the Bacillus thuringiensis flagellin
protein to which humans are regularly exposed.; and (5) dietary
exposure is expected to be negligible based on low application rates
(e.g., maximum rate of 0.00052 lb AI/acre for foliar applications) and
rapid degradation in the environment. The 90-day dermal toxicity data
requirement was also addressed with an acceptable rationale that
contained the same information provided to address the 90-day oral
toxicity requirement combined with the following additional
information: (1) the active ingredient is of low acute dermal toxicity
(Toxicity Category IV), is only slightly irritating to the skin
(Toxicity Category IV), and is not a skin sensitizer; and (2)
significant repeat dermal exposure is not anticipated as the proposed
end-use products containing this peptide will not be directly applied
to the skin and will be applied in low concentrations (0.002-0.012%, by
weight) at low application rates. As a final limitation to dermal
exposure, personal protective equipment (PPE) required for pesticides
using Flg22-Bt Peptide (i.e., long-sleeved shirt and long pants, shoes
plus socks, and waterproof gloves) will mitigate dermal exposure to
pesticide applicators and other handlers. The 90-day inhalation
toxicity data requirement was also addressed with an acceptable
rationale that contained the same information used to address the 90-
day oral toxicity requirement combined with the following additional
information: (1) Flg22-Bt Peptide is of low acute inhalation toxicity;
(2) because Flg22-Bt Peptide is of low acute toxicity for all paths of
exposure, there is minimal concern for localized or portal-of-entry
inhalation effects; (3) significant repeat inhalation exposure is not
anticipated as the proposed end-use products will be applied at low
concentrations of active ingredient (0.002-0.012%, by weight) and at
low application rates; and (4) based on its physical and chemical
properties, such as low vapor pressure and high water solubility,
inhalation exposure due to volatilization is not expected for Flg22-Bt
Peptide.
    The data requirements for developmental toxicity were also
satisfied with the submission of an acceptable rationale, which was
nearly identical to that submitted to satisfy the subchronic toxicity
data requirements. For details of that rationale, refer to the points
of support in the preceding paragraph. In short, Flg-22 Bt Peptide is
of low toxicity and significant exposure from use as a pesticide is not
anticipated and, as such, is not expected to pose any risks with regard
to developmental toxicity.
    As for the mutagenicity data requirements, those were satisfied
through the submission of guideline studies. There were no indications
of genotoxicity or mutagenicity in the submitted guideline in vitro
studies. Specifically, there was no evidence of induced mutant colonies
over background with or without metabolic activation in the reverse
gene mutation assay in bacteria; and there was no evidence of inducted
mutant colonies over background with or without metabolic activation in
the mammalian forward gene mutation assay in Chinese hamster ovary
cells. All submitted data indicate that Flg22-Bt Peptide is non-
genotoxic and non-mutagenic.

B. Toxicological Points of Departure/Levels of Concern

    No toxicological endpoints have been identified for Flg22-Bt
Peptide. The active ingredient is of low toxicity, and significant
exposure is not expected based on the low application rates and rapid
degradation in the environment.

C. Exposure Assessment

    1. Dietary exposure from food, feed uses, and drinking water. As
part of its qualitative risk assessment for Flg22-Bt Peptide, the
Agency considered the potential for dietary exposure to residues of the
chemical. EPA concludes that dietary (food and drinking water)
exposures are possible, but they are expected to be negligible based on
low application rates and rapid degradation in the environment and are
not anticipated in any concentration outside potential naturally
occurring background levels. Moreover, no toxicological endpoint of
concern was identified for Flg22-Bt Peptide; and therefore, a
quantitative assessment of dietary exposure is not necessary. Dietary
risk is not of a concern.
    2. Non-dietary exposure. The term ``residential exposure'' is used
in this document to refer to non-occupational, non-dietary exposure
(e.g., textiles (clothing and diapers), carpets, swimming pools, and
hard surface disinfection on walls, floors, tables). There are
currently no proposed residential uses for this active ingredient,
although there is a potential for residential post-application exposure
from pesticide applications to turf. However, no risks of concern have
been identified for this turf application due to the low toxicity of
the Flg22-Bt Peptide and negligible exposure based on low application
rates and rapid degradation in the environment. Therefore, a
quantitative assessment of residential exposure is not necessary.
    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.'' EPA has not found that
Flg22-Bt Peptide shares a common mechanism of toxicity with any other
substances, and it does not appear to produce a toxic metabolite
produced by other substances. For the purposes of this tolerance
action, therefore, EPA has assumed Flg22-Bt Peptide does 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/pesticide-science-and-assessing-pesticide-risks/cumulative-assessment-risk-pesticides.

D. Safety Factor for Infants and Children

    FFDCA Section 408(b)(2)(C) provides that EPA shall retain 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. 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. An FQPA safety factor is not required at this time
for Flg22-Bt Peptide because no toxicological endpoints have been
established and the qualitative risk assessment has concluded that
Flg22-BT Peptide is of low toxicity and that no significant exposures
are expected.

E. Aggregate Risk

    In accordance with the FFDCA, OPP must consider and aggregate (add)
pesticide exposures and risks from three major sources: food, drinking
water, and residential exposures. In an aggregate assessment, exposures
from relevant sources that have the same toxicological endpoints are
added together and compared to quantitative estimates of hazard, or the
risks themselves can be aggregated. When aggregating exposures and
risks from various sources, EPA considers both the route and duration
of exposure. A qualitative aggregate risk assessment has been conducted
for the proposed use of Flg22-Bt Peptide based on the lack of
identified endpoints in the toxicological database and minimal exposure
to the active ingredient. No risks of concern have been identified.
    A full explanation of the data upon which EPA relied and its risk
assessment based on those data can be found within the April 7, 2023,
document entitled ``Product Chemistry Review and Human Health
Assessment for a FIFRA Section 3 Registration of Flg22-BtPeptide
Technical, Containing 70% Flg22-Bt Peptide as the Active Ingredient.''
This document, as well as other relevant information, is available in
the docket for this action as described under ADDRESSES.

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

    Based on the Agency's assessment, EPA concludes that there is
reasonable certainty that no harm will result to the U.S. population,
including infants and children, from aggregate exposure to residues of
Flg22-Bt Peptide.

V. Other Considerations

Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since
the Agency is establishing an exemption from the requirement of a
tolerance without any numerical limitation.

VI. Conclusion

    Therefore, EPA is establishing an exemption from the requirement of
a tolerance for residues of Flg22-BtPeptide in or on all food
commodities when used as a plant regulator and inducer of local and
systemic resistance in accordance with label directions and good
agricultural practices.

VII. Statutory and Executive Order Reviews

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

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).

List of Subjects in 40 CFR Part 180

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

    Dated: August 3, 2023.
Edward Messina,
Director, Office of Pesticide Programs.

    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. Add Sec.  180.1405 to subpart D to read as follows:

Sec.  180.1405  Flg22-Bt Peptide; exemption from the requirement of a
tolerance.

    An exemption from the requirement of a tolerance is established for
residues of Flg22-Bt Peptide in or on all food commodities when used as
a plant regulator and inducer of local and systemic resistance in
accordance with label directions and good agricultural practices.

[FR Doc. 2023-17019 Filed 8-8-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 228 (Wednesday, November 29, 2023)]
[Notices]
[Pages 83412-83414]
[FR Doc No: 2023-26258]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2022-E-0937 and FDA-2022-E-0941]

Determination of Regulatory Review Period for Purposes of Patent
Extension; ORGOVYX

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or the Agency) has
determined the regulatory review period for Orgovyx and is publishing
this notice of that determination as required by law. FDA has made the
determination because of the submission of applications to the Director
of the U.S. Patent and Trademark Office (USPTO), Department of
Commerce, for the extension of patents which claims that human drug
product.

DATES: Anyone with knowledge that any of the dates as published (see
SUPPLEMENTARY INFORMATION) are incorrect may submit either electronic
or written comments and ask for a redetermination by January 29, 2024.
Furthermore, any interested person may petition FDA for a determination
regarding whether the applicant for extension acted with due diligence
during the regulatory review period by May 28, 2024. See ``Petitions''
in the SUPPLEMENTARY INFORMATION section for more information.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of January 29, 2024. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets

Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket Nos.
FDA-2022-E-0937 and FDA-2022-E-0941 for ``Determination of Regulatory
Review Period for Purposes of Patent Extension; ORGOVYX.'' Received
comments, those filed in a timely manner (see ADDRESSES), will be
placed in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at https://www.regulations.gov or at
the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through
Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with Sec.  10.20 (21 CFR 10.20) and
other applicable disclosure law. For more information about FDA's
posting of comments to public dockets, see 80 FR 56469, September 18,
2015, or access the information at:: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, Rm. 6250, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984
(Pub. L. 98-417) and the Generic Animal Drug and Patent Term
Restoration Act (Pub. L. 100-670) generally provide that a patent may
be extended for a period of up to 5 years so long as the patented item
(human drug product, animal drug product, medical device, food
additive, or color additive) was subject to regulatory review by FDA
before the item was marketed. Under these acts, a product's regulatory
review period forms the basis for determining the amount of extension
an applicant may receive.
    A regulatory review period consists of two periods of time: a
testing phase and an approval phase. For human drug products, the
testing phase begins when the exemption to permit the clinical
investigations of the drug becomes effective and runs until the
approval phase begins. The approval phase starts with the initial
submission of an application to market the human drug product and
continues until FDA grants permission to market the drug product.
Although only a portion of a regulatory review period may count toward
the actual amount of extension that the Director of USPTO may award
(for example, half the testing phase must be subtracted as well as any
time that may have occurred before the patent was issued), FDA's
determination of the length of a regulatory review period for a human
drug product will include all of the testing phase and approval phase
as specified in 35 U.S.C. 156(g)(1)(B).
    FDA has approved for marketing the human drug product Orgovyx
(relugolix). Orgovyx is indicated for the treatment of adult patients
with advances prostate cancer. Subsequent to this approval, the USPTO
received a patent term restoration application for Orgovyx (U.S. Patent
Nos. 7,300,935 and 8,058,280) from Myovant Sciences on behalf of Takeda
Pharmaceutical Company Limited, and the USPTO requested FDA's
assistance in determining the patents' eligibility for patent term
restoration. In a letter dated September 21, 2022, FDA advised the
USPTO that this human drug product had undergone a regulatory review
period and that the approval of Orgovyx represented the first permitted
commercial marketing or use of the product. Thereafter, the USPTO
requested that FDA determine the product's regulatory review period.

II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for
Orgovyx is 4,875 days. Of this time, 4,632 days occurred during the
testing phase of the regulatory review period, while 243 days occurred
during the approval phase. These periods of time were derived from the
following dates:
    1. The date an exemption under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 355(i)) became effective:
August 16, 2007. FDA has verified the applicant's claim that the date
the investigational new drug application became effective was on August
16, 2007.
    2. The date the application was initially submitted with respect to
the human drug product under section 505 of the FD&C Act: April 20,
2020. FDA has verified the applicant's claim that the new drug
application (NDA) for Orgovyx (NDA 214621) was initially submitted on
April 20, 2020.
    3. The date the application was approved: December 18, 2020. FDA
has verified the applicant's claim that NDA 214621 was approved on
December 18, 2020.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the USPTO
applies several statutory limitations in its calculations of the actual
period for patent extension. In its applications for patent extension,
this applicant seeks 1,783 days or 1,827 days of patent term extension.

III. Petitions

    Anyone with knowledge that any of the dates as published are
incorrect may submit either electronic or written comments and, under
21 CFR 60.24, ask for a redetermination (see DATES). Furthermore, as
specified in Sec.  60.30 (21 CFR 60.30), any interested person may
petition FDA for a determination regarding whether the applicant for
extension acted with due diligence during the regulatory review period.
To meet its burden, the petition must comply with all the requirements
of Sec.  60.30, including but not limited to: must be timely (see
DATES), must be filed in accordance with Sec.  10.20, must contain
sufficient facts to merit an FDA investigation, and must certify that a

true and complete copy of the petition has been served upon the patent
applicant. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42,
1984.) Petitions should be in the format specified in 21 CFR 10.30.
    Submit petitions electronically to https://www.regulations.gov at
Docket No. FDA-2013-S-0610. Submit written petitions (two copies are
required) to the Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Dated: November 24, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-26258 Filed 11-28-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 78, Number 5 (Tuesday, January 8, 2013)]
[Notices]
[Page 1210]
[FR Doc No: 2013-00120]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2524-018]

Grand River Dam Authority; Notice of Telephone Meeting To Discuss
the Salina Pumped Storage Project Water Quality Study Results

    a. Date and Time of Meeting: Wednesday, January 16, 2013, 2 p.m.
Central Standard Time, (3 p.m. Eastern Standard Time).
    b. Place: Teleconference hosted by Grand River Dam Authority. (An
RSVP is required. See paragraph f below.)
    c. FERC Contact: Stephen Bowler at<PHONE_NUMBER> or
<EMAIL_ADDRESS>or Jeanne Edwards at<PHONE_NUMBER> or
<EMAIL_ADDRESS>    d. Purpose of Meeting: As a follow-up to its study report meeting
of October 11, 2012, the Grand River Dam Authority (GRDA) is holding a
technical meeting to discuss the results of the Water Quality Study as
they stand at the conclusion of fieldwork.
    e. Proposed Agenda:
(1) GRDA: Introduction
(2) Oklahoma Water Resources Control Board (OWRB): Water quality study
results at the conclusion of fieldwork
(3) GRDA, OWRB, and other participants: Discussion
    f. All local, state, and federal agencies, Indian tribes, and other
interested parties are invited to participate by phone. Please email
Jacklyn Jaggars by close of business on Monday, January 14, 2013, at
<EMAIL_ADDRESS>to RSVP and to receive specific instructions on how
to participate.

    Dated: January 2, 2013.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2013-00120 Filed 1-7-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 9 (Tuesday, January 14, 2014)]
[Notices]
[Pages 2435-2436]
[FR Doc No: 2014-00429]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ14-7-000]

City of Colton, California: Notice of Filing

    Take notice that on December 24, 2013, the City of Colton,
California submitted its tariff filing per 35.28(e):

2014 Transmission Revenue Balancing Account Adjustment and Existing
Transmission Contracts updates to be effective 1/1/2014.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on January 14, 2014.

    Dated: January 7, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-00429 Filed 1-13-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: March 20, 2008 (Volume 73, Number 55)]
[Notices]
[Page 15043-15044]
[DOCID:fr20mr08-82]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0049]

Agency Information Collection Activities; Revision of a Currently
Approved Information Collection: Designation of Agents, Motor Carriers,
Brokers and Freight Forwarders

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

ACTION: Notice and request for information.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for review
and approval. The FMCSA requests approval to revise an existing
information collection (IC) entitled ``Designation of Agents, Motor
Carriers, Brokers and Freight Forwarders,'' which is used to provide
registered motor carriers, property brokers, and freight forwarders a
means of meeting process agent requirements. On December 26, 2007,
FMCSA published a Federal Register notice allowing for a 60-day comment
period on the ICR. No comments were received on the ICR.

DATES: Please send your comments by April 21, 2008. OMB must receive
your comments by this date in order to act quickly on the ICR.

ADDRESSES: All comments should reference DOT Docket No. FMCSA-2008-
0049. You may submit comments to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 Seventeenth
Street, NW., Washington, DC 20503, Attention: DOT/FMCSA Desk Officer.

FOR FURTHER INFORMATION CONTACT: Ms. Loretta G. Bitner, Commercial
Enforcement (MC-ECC), Department of Transportation, Federal Motor
Carrier Safety Administration, 1200 New Jersey Avenue, SE., Washington,
DC 20590. Telephone:<PHONE_NUMBER>. Office hours are from 8 a.m. to 4:30
p.m. EST, Monday through Friday, except Federal Holidays.

SUPPLEMENTARY INFORMATION:
    Title: Designation of Agents, Motor Carriers, Brokers and Freight
Forwarders.
    OMB Control Number: 2126-0015.
    Type of Request: Revision of a currently-approved information
collection.
    Respondents: Motor carriers, freight forwarders and brokers.
    Estimated Number of Respondents: 89,000.
    Estimated Time per Response: 10 minutes.
    Expiration Date: April 30, 2008.
    Frequency of Response: The Form BOC-3 must be filed by all for-hire
motor carriers and freight forwarders when the transportation entity
first registers with the FMCSA. All brokers are required to file the
Form BOC-3 as necessary and make a designation for each State in which
it has an office or in which contracts will be written. Subsequent
filings are made only if the motor carrier, broker or freight forwarder
changes process agents.
    Estimated Total Annual Burden: 14,833 hours [89,000 Form BOC-3
filings per year x 10 minutes/60 minutes to complete form = 14,833
hours].
    Background: The Secretary of Transportation (Secretary) is
authorized to register for-hire motor carriers of regulated commodities
under the provisions of 49 U.S.C. 13902; freight forwarders under the
provisions of 49 U.S.C. 13903; and property brokers under provisions of
49 U.S.C. 13904. These entities may conduct transportation services
only if they are registered pursuant to 49 U.S.C. 13901. The Secretary
has delegated authority pertaining to these registration requirements
to the FMCSA.
    Registered motor carriers (including private carriers) and freight
forwarders must designate: (1) An agent on whom service of notices in
proceedings before the Secretary may be made (49 U.S.C. 13303); and (2)
for every State in which they are authorized to operate and every State
traversed in the United States during such operations, agents on whom
process issued by a court may be served in actions brought against the
registered transportation entity (49 U.S.C. 13304). Every broker shall
make a designation for each State in which its offices are located or
in which contracts will be written. Regulations governing the
designation of process agents are found at 49 CFR part 366, entitled
``Designation of Process Agent.'' This designation is filed with the
FMCSA on Form BOC-3, ``Designation of Agent for Service of Process.''
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) Whether the proposed
collection is necessary for the FMCSA to perform its functions; (2) the
accuracy of the estimated burden; (3) ways for the FMCSA to enhance the
quality, usefulness, and clarity of the collected information; and (4)
ways that the burden could be minimized without

reducing the quality of the collected information.

    Issued On: March 12, 2008.
Terry Shelton,
Associate Administrator for Research and Information Technology.
 [FR Doc. E8-5640 Filed 3-19-08; 8:45 am]

BILLING CODE 4910-EX-P


[Federal Register Volume 86, Number 147 (Wednesday, August 4, 2021)]
[Notices]
[Pages 41964-41965]
[FR Doc No: 2021-16601]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC21-109-000.
    Applicants: Inspire Energy Holdings, LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act of Inspire Energy Holdings, LLC.
    Filed Date: 7/28/21.
    Accession Number: 20210728-5194.
    Comments Due: 5 p.m. ET 8/18/21.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER21-2139-001.
    Applicants: Florida Power & Light Company.
    Description: Tariff Amendment: Amendment to FPL & Seminole NITSA
No. 162 New Delivery Point to be effective 7/1/2021.
    Filed Date: 6/16/21.
    Accession Number: 20210616-5095.
    Comments Due: 5 p.m. ET 7/30/21.

    Docket Numbers: ER21-2513-001.
    Applicants: Golden Spread Electric Cooperative, Inc.
    Description: Compliance filing: Errata to Order No. 676-I
Compliance and Waiver to be effective 12/31/9998.
    Filed Date: 7/29/21.
    Accession Number: 20210729-5087.
    Comments Due: 5 p.m. ET 8/19/21.

    Docket Numbers: ER21-2540-000.
    Applicants: San Diego Gas & Electric Company.
    Description: Sec.  205(d) Rate Filing: Revisions to Appendices VII
and IX for Retail Rate Design to be effective 1/1/2022.
    Filed Date: 7/29/21.
    Accession Number: 20210729-5001.
    Comments Due: 5 p.m. ET 8/19/21.

    Docket Numbers: ER21-2541-000.
    Applicants: Gulf Power Company.
    Description: Request for continued Limited Waiver of Gulf Power
Company.
    Filed Date: 7/27/21.
    Accession Number: 20210727-5176.
    Comments Due: 5 p.m. ET 8/17/21.

    Docket Numbers: ER21-2542-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3340R1 Otter Tail Power
Company NITSA and NOA to be effective 7/1/2021.
    Filed Date: 7/29/21.
    Accession Number: 20210729-5004.
    Comments Due: 5 p.m. ET 8/19/21.

    Docket Numbers: ER21-2543-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original WMPA, Service
Agreement No. 6129; Queue No. AF1-287 to be effective 6/29/2021.
    Filed Date: 7/29/21.
    Accession Number: 20210729-5008.
    Comments Due: 5 p.m. ET 8/19/21.

    Docket Numbers: ER21-2544-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 1266R12 Kansas Municipal
Energy Agency NITSA and NOA to be effective 7/1/2021.
    Filed Date: 7/29/21.
    Accession Number: 20210729-5026.
    Comments Due: 5 p.m. ET 8/19/21.

    Docket Numbers: ER21-2545-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Sec.  205(d) Rate Filing: Rate Schedule FERC No. 332
between Tri-State and Continental to be effective 7/30/2021.
    Filed Date: 7/29/21.
    Accession Number: 20210729-5037.
    Comments Due: 5 p.m. ET 8/19/21.

    Docket Numbers: ER21-2546-000.
    Applicants: Rochester Gas and Electric Corporation, New York
Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: Joint 205 EPCA among NYISO,
RG&E, NextEra for Empire State Line SA2635, CEII to be effective 7/15/
2021.
    Filed Date: 7/29/21.
    Accession Number: 20210729-5052.
    Comments Due: 5 p.m. ET 8/19/21.

    Docket Numbers: ER21-2547-000.
    Applicants: AEP Texas Inc.
    Description: Sec.  205(d) Rate Filing: AEPTX-AP Solar 4 (Charger
Solar) 1st A&R Generation Interconnection Agreement to be effective 7/
13/2021.
    Filed Date: 7/29/21.
    Accession Number: 20210729-5054.
    Comments Due: 5 p.m. ET 8/19/21.

    Docket Numbers: ER21-2548-000.
    Applicants: ISO New England Inc., New England Power Company.
    Description: Sec.  205(d) Rate Filing: ISO-NE and NEP: First
Revised Service Agreement No. LGIA-ISONE/NEP-15-04 to be effective 3/
19/2021.
    Filed Date: 7/29/21.
    Accession Number: 20210729-5055.
    Comments Due: 5 p.m. ET 8/19/21.

    Docket Numbers: ER21-2549-000.
    Applicants: DDP Specialty Electronic Materials US, Inc.
    Description: Compliance filing: Rate Schedule No. 1 Market Based
Rate Tariff to be effective 1/4/2021.
    Filed Date: 7/29/21.
    Accession Number: 20210729-5064.
    Comments Due: 5 p.m. ET 8/19/21.

    Docket Numbers: ER21-2550-000.
    Applicants: Specialty Products US, LLC.
    Description: Compliance filing: Rate Schedule No. 1 Market Based
Rate Tariff to be effective 1/4/2021.
    Filed Date: 7/29/21.
    Accession Number: 20210729-5065.
    Comments Due: 5 p.m. ET 8/19/21.

    Docket Numbers: ER21-2551-000.
    Applicants: NorthWestern Corporation.
    Description: Tariff Cancellation: Cancellation of SA 305 16th Rev--
NITSA with Stillwater Mining Company to be effective 8/1/2021.
    Filed Date: 7/29/21.
    Accession Number: 20210729-5069.
    Comments Due: 5 p.m. ET 8/19/21.

    Docket Numbers: ER21-2552-000.
    Applicants: PacifiCorp.
    Description: Sec.  205(d) Rate Filing: ESM Const Agmt Castle Solar
to be effective 7/30/2021.

    Filed Date: 7/29/21.
    Accession Number: 20210729-5072.
    Comments Due: 5 p.m. ET 8/19/21.

    Docket Numbers: ER21-2553-000.
    Applicants: Entergy Texas, Inc.
    Description: Sec.  205(d) Rate Filing: ETI-ETEC Wholesale
Distribution Service Agreement to be effective 8/1/2021.
    Filed Date: 7/29/21.
    Accession Number: 20210729-5092.
    Comments Due: 5 p.m. ET 8/19/21.

    Docket Numbers: ER21-2554-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to ISA, Service
Agreement No. 5995; Queue No. AD2-160/AE2-253 to be effective 3/3/2021.
    Filed Date: 7/29/21.
    Accession Number: 20210729-5093.
    Comments Due: 5 p.m. ET 8/19/21.

    Docket Numbers: ER21-2555-000.
    Applicants: Martinsville OnSite Generation, LLC.
    Description: Baseline eTariff Filing: MBR Tariff Authority to be
effective 10/1/2021.
    Filed Date: 7/29/21.
    Accession Number: 20210729-5098.
    Comments Due: 5 p.m. ET 8/19/21.

    Take notice that the Commission received the following qualifying
facility filings:

    Docket Numbers: QF21-1095-000.
    Applicants: Generate Colchester Fuel Cells, LLC.
    Description: Form 556 of Generate Colchester Fuel Cells, LLC.
    Filed Date: 7/29/21.
    Accession Number: 20210729-5042.
    Comments Due: 5 p.m. ET 8/19/21.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 29, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-16601 Filed 8-3-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 156 (Monday, August 13, 2012)]
[Notices]
[Page 48137]
[FR Doc No: 2012-19755]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC06-129-004
    Applicants: Capital Research and Management Company.
    Description: Request for Amended Order Under Section 203 of the
Federal Power Act of Capital Research and Management Company.
    Filed Date: 8/2/12
    Accession Number: 20120802-5085
    Comments Due: 5 p.m. ET 8/23/12

    Docket Numbers: EC12-128-000
    Applicants: Public Service Company of Colorado, BIV Generation
Company, L.L.C., Colorado Power Partners, Centennial Power, LLC, Brush
Power, LLC
    Description: Joint Application for Authorization Under Section 203
of the Federal Power Act for Disposition of Jurisdictional Facilities
and Request for Confidential Treatment of Public Service Company of
Colorado, et al.
    Filed Date: 8/2/12
    Accession Number: 20120802-5090
    Comments Due: 5 p.m. ET 8/23/12

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2719-008; ER10-2718-008; ER10-2578-010; ER10-
2633-008; ER10-2570-008; ER10-2717-008; ER10-3140-007
    Applicants: Fox Energy Company LLC, Birchwood Power Partners, L.P.,
Shady Hills Power Company, L.L.C., EFS Parlin Holdings, LLC, Inland
Empire Energy Center, LLC, East Coast Power Linden Holding, L.L.C.,
Cogen Technologies Linden Venture, L.P.
    Description: Notice of Non-Material Change in Status of East Coast
Power Linden Holding, L.L.C., et al.
    Filed Date: 8/2/12
    Accession Number: 20120802-5147
    Comments Due: 5 p.m. ET 8/23/12

    Docket Numbers: ER12-2382-000
    Applicants: Duke Energy Carolinas, LLC
    Description: Duke Energy Carolinas, LLC submits tariff filing per
35.13(a)(2)(iii: Amendment to NCEMC PPA to be effective 7/2/2012.
    Filed Date: 8/2/12
    Accession Number: 20120802-5061
    Comments Due: 5 p.m. ET 8/23/12

    Docket Numbers: ER12-2383-000
    Applicants: Duke Energy Carolinas, LLC
    Description: Amendment to NCEMC IA to be effective 7/2/2012.
    Filed Date: 8/2/12
    Accession Number: 20120802-5063
    Comments Due: 5 p.m. ET 8/23/12

    Docket Numbers: ER12-2384-000
    Applicants: BFES Inc.
    Description: Initial Tariff Baseline to be effective 9/24/2012.
    Filed Date: 8/2/12
    Accession Number: 20120802-5095
    Comments Due: 5 p.m. ET 8/23/12

    Docket Numbers: ER12-2385-000
    Applicants: PJM Interconnection, L.L.C.
    Description: Revisions to Sec 3.2.3-OATT Att K Appx & OA Sch 1-
Shortage Pricing Sharing Agmts to be effective 10/1/2012.
    Filed Date: 8/2/12
    Accession Number: 20120802-5097
    Comments Due: 5 p.m. ET 8/23/12

    Docket Numbers: ER12-2386-000
    Applicants: New England Power Company
    Description: Notice of Cancellation of Service Agreement and
Request for Waiver of Commission Notice Requirements of New England
Power Company.
    Filed Date: 8/2/12
    Accession Number: 20120802-5101
    Comments Due: 5 p.m. ET 8/23/12

    Docket Numbers: ER12-2387-000
    Applicants: Southwest Power Pool, Inc.
    Description: Revisions to Implement Reallocation of Revenue
Pursuant to Attachment J & O to be effective 10/1/2012.
    Filed Date: 8/2/12
    Accession Number: 20120802-5121
    Comments Due: 5 p.m. ET 8/23/12

    Docket Numbers: ER12-2388-000
    Applicants: BFES Inc.
    Description: Initial Tariff Baseline to be effective 9/24/2012.
    Filed Date: 8/2/12
    Accession Number: 20120802-5128
    Comments Due: 5 p.m. ET 8/23/12

    Docket Numbers: ER12-2389-000
    Applicants: NaturEner Power Watch, LLC
    Description: Revised Amended and Restated COA with NorthWestern
Corporation to be effective 8/3/2012.
    Filed Date: 8/2/12
    Accession Number: 20120802-5129
    Comments Due: 5 p.m. ET 8/23/12

    Docket Numbers: ER12-2390-000
    Applicants: Entergy Arkansas, Inc.
    Description: Attachment S Independent Coordinator of Transmission
to be effective 12/1/2012.
    Filed Date: 8/2/12
    Accession Number: 20120802-5130
    Comments Due: 5 p.m. ET 8/23/12

    Docket Numbers: ER12-2391-000
    Applicants: PJM Interconnection, L.L.C.
    Description: Revisions to OATT Att K Apx & OA Sch 1-Marg. Benefits
Factor & Make-Whole Pymts to be effective 10/1/2012.
    Filed Date: 8/2/12
    Accession Number: 20120802-5133
    Comments Due: 5 p.m. ET 8/23/12

    Docket Numbers: ER12-2392-000
    Applicants: Northern States Power Company, a Wisconsin corporation
    Description: 20120802--Wholesale--Rate to be effective 7/1/2012.
    Filed Date: 8/2/12
    Accession Number: 20120802-5134
    Comments Due: 5 p.m. ET 8/23/12

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: August 3, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-19755 Filed 8-10-12; 8:45 am]
BILLING CODE 6717-01-P