(f) Construction of a hazardous waste landfill, surface impoundment, waste pile, land treatment, or miscellaneous unit.
 (g) Construction of a hazardous waste treatment, storage or disposal facility with an incinerator, boiler or industrial furnace for treatment of hazardous waste generated onsite.
                                                                     $25,000.00
 (h) Construction of a container or tank hazardous waste storage and treatment facility.
                                                                     $20,000.00
 (i) A postclosure-only; or corrective action-only; or combination postclosure/corrective action-only authorization (i.e. a permit or an enforceable document).
                                  $20,000.00 for 10 years or $2,000.00 per year
 (j) Construction of a container or tank hazardous waste storage facility.
 (k) Operation of a hazardous waste landfill, surface impoundment, waste pile, land treatment or miscellaneous unit.
 (l) Operation of a hazardous waste treatment, storage or disposal facility with an incinerator, boiler or industrial furnace for treatment of hazardous waste generated on-site.
                                                                     $15,000.00
 (m) Operation of a container or tank hazardous waste storage or storage and treatment facility.
 (n) Substantial modifications that require a moderate technical evaluation by the Department. Examples include alterations of the existing facility or its operation which will require additional site-specific evaluation.
                                                                     $10,000.00
 (o) A hazardous waste variance other than those in paragraph (c) or (d).
 (p) Moderate modifications that require moderate technical evaluation by the Department. These modifications require a new site inspection, lead to different environmental impacts, or lessen the impacts of the original permit.
                                                                      $5,000.00
 (q) An operation permit renewal (closure or remedial activities conditions only) or a clean closure plan.
                                                             $2,000.00 per year
 (r) A Research, Development and Demonstration (RDD) permit.
                                                                      $2,000.00
 (s) A "contained out" determination for soil or groundwater that contained hazardous waste and has undergone remedial activities.
 (t) A renewal of a two-year variance.
 (u) Minor modifications that are not otherwise specified. These include common or frequently occurring changes needed to maintain a facility's capacity to manage wastes safely, minor changes in groundwater monitoring plans, or modifications to conform to new requirements.
 $1,000.00 (no fee for contained out determination if incorporated into another authorization with a fee)
 (v) A Subpart H remedial action plan (Subpart H RAP) for on-site treatment, storage, or disposal of hazardous remediation waste.
                                                                no fee required
 (w) Substantial modifications that require significant changes to an existing authorization or clean closure plan and extensive evaluation by the Department. Examples include alteration of the existing facility; change in the facility plan, groundwater monitoring program assessment, or the remediation/engineering design; or other general facility standard.
                                                  same fee as a new application
   (2) Fees for construction permits, operation permits and temporary operation permits (TOPs) may not be paid on a "per year" basis. Authorization fees established on a "per year" basis shall be payable as follows:
   (a) Paying on a yearly basis is optional. If the applicant does not choose to pay on a yearly basis, the applicant shall submit whichever of the following is applicable with the application:
   1. The entire payment for a five-year authorization which is equal to 5 times the "per year" fee amount, or
   2. The entire payment for a 10-year authorization which is equal to 10 times the "per year" fee amount.
   (b) If the applicant chooses the yearly payment option, the fee that accompanies the application shall be the amount established for one year. The next fee payment shall be due on the first anniversary of the effective date of the authorization. Each succeeding fee payment shall be due on the anniversary date of the effective date of the authorization. The applicant may choose to submit the fee for more than one year at a time, up to the maximum fee for the life of the permit. Failure to submit any fee payment shall be a violation of this rule and shall be grounds for termination of the authorization and other enforcement action. If payment of an annual fee is late, the annual fee shall increase $20.00 for each overdue day, up to a maximum increase of $3,250.00 per year.
Rulemaking Authority 403.087, 403.201, 403.704, 403.722 FS. Law Implemented 403.087, 403.201, 403.704, 403.722 FS. History - New 1-29-06.
   62-730.320 Emergency Detonation or Thermal Treatment of Certain Hazardous Waste.
   (1) "Explosives or munitions emergency response specialist" (EMER Specialist) means an individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures, or destruction techniques. EMER Specialists are limited to Department of Defense (DOD) emergency explosive ordnance disposal (EOD), technical escort unit (TEU), and civilian or contractor personnel certified by DOD in emergency explosive ordinance disposal; and other Federal, State, or local government, or civilian personnel similarly trained in explosives or munitions emergency responses.
   (2) "Explosives or munitions emergency" ("EME") means a situation involving the suspected or detected presence of unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an improvised explosive device (IED), other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health (including safety) or the environment (including property), as determined by an EMER Specialist.
   (3) "Explosives or munitions emergency response" ("EME Response") means all immediate response activities by an EMER Specialist to control, mitigate, or eliminate the actual or potential threat encountered during an EME. An EME Response may include in-place render-safe procedures; treatment or destruction of the explosives or munitions; and/or transporting those items to another location to be rendered safe, treated, or destroyed. Any reasonable delay in the completion of an EME Response caused by a necessary, unforeseen, or uncontrollable circumstance will not terminate the EME.
   (4) "Person having initial custody of the waste" means a person who has authority to request assistance from an EMER Specialist regarding the explosives or munitions waste that is the object of the EMER. This could be the owner of the waste; the person who generated the waste; the person who caused the waste to be at the location where found; or the owner of the real property where the waste is or was located (i.e. the real property where the EMER began); or an agent or tenant of the real property owner.
   (5) If an EMER Specialist determines that an EME Response is necessary to protect human health or the environment, that specialist:
   (a) Is not required to comply with the standards of 40 C.F.R. Part 262 [as adopted in subsection 62-730.160(1), F.A.C.] applicable to generators of hazardous waste;
   (b) Is not required to comply with the standards of 40 C.F.R. Part 264 [as adopted in subsection 62-730.180(1), F.A.C.] or 40 C.F.R. Part 265 [as adopted in subsection 62-730.180(2), F.A.C.] applicable to treatment, storage, and disposal of hazardous waste;
   (c) May authorize the removal of the material or waste by transporters who do not have EPA identification numbers and without the preparation of a manifest.
   (6) All EME Responses involving waste that is reactive, shock sensitive, or explosive and can only be safely disposed through immediate detonation or thermal treatment, are subject to the following specific conditions:
   (a) The person having initial custody of the waste shall notify the Department of the name, address and telephone number of the person having initial custody of the waste; the type and amount of waste; the anticipated time and place of the treatment or detonation; and procedures for detonation or treatment. After the Department has been notified the EME Response can proceed. The local Department representative or designee may be present to observe the detonation or treatment; however, the EME Response need not be delayed solely in order for the Department representative to arrive.
   (b) The detonation or treatment shall be conducted or supervised by an EMER Specialist.
   (c) Prior to detonation or treatment, the site shall be secured and no site access allowed except by authorized personnel. The area around the site shall be visually inspected to assure that no unauthorized personnel are present. The securing and inspections of the site shall be made to at least the following distances:
 POUNDS OF WASTE EXPLOSIVE
 MINIMUM DISTANCE
 0 to 100
 204 meters (670 feet)
 101 to 1,000
 380 meters (1,250 feet)
 1,001 to 10,000
 530 meters (1,730 feet)
 10,001 to 30,000
 690 meters (2,260 feet)
   (d) Visible residual materials shall be recovered from the site and properly disposed of in accordance with Department rules.
   (e) Adequate fire protection to assure confinement and control of any fire resulting from the operation shall be provided.
   (7) In the case of EME Responses involving military munitions, the responding EMER Specialist's organizational unit must retain records for three years identifying the location, dates and time of the EME Response, the responsible persons responding, the type and description of material addressed (including amounts and sampling data, if available), and its disposition.
   (8) If an EME Response is clearly not necessary to address the situation and a response can be delayed without compromising safety or increasing the risk posed to life, property, health, or the environment, the person having initial custody of the explosives or munitions shall fulfill the requirements of 40 C.F.R. 270.61 [as adopted in subsection 62-730.220(1), F.A.C.] by providing oral or written notice to the Department and obtaining oral or written authorization from the Department prior to implementing a course of action. If the authorization is oral, it must be followed within five days by a written order. The following provisions apply to authorization under this subsection:
   (a) Notice to the Department shall include the name of the person having initial custody of the explosives or munitions and the EMER Specialist(s) involved; a brief description of the explosives or munitions involved, including type, amount, and location; and a brief description of and reasons for the proposed actions, including location(s). Thermal treatment or detonation shall be conducted only at the time and place specified in the notice.
   (b) Authorization shall include all applicable requirements of Chapter 62-730, F.A.C., to the extent possible and not inconsistent with the EME.
   (c) Compliance with this subsection shall not excuse failure to obtain any other local, state, or federal approval or license which may be required for the activities allowed in this authorization.
   (d) Authorization shall not exceed 90 days.
   (e) Written orders shall be accompanied by the publication of public notice within 45 days. This may be accomplished by the person having initial custody of the waste or by the Department.
   (f) Within 30 days of the EME activities conducted under the written order, the authorized person shall submit to the Department a complete written summary of the EME activities which shall clearly specify the type and amount of explosives or munitions received and the manner and location of their treatment, storage, or disposal; disposition of any residues from the process; and other pertinent information.
   (9) A person having initial custody of the waste shall conduct soil sampling or otherwise provide reasonable assurance to the Department that no residues of the EME Response or any other emergency action regarding explosives or munitions pose a threat to human health or the environment.
Rulemaking Authority 403.704, 403.721 FS. Law Implemented 403.061, 403.704, 403.721, 403.726 FS. History - New 9-30-85, Formerly 17-30.32, 17-30.320, 17-730.320, Amended 1-5-95, 1-29-06, 4-23-13.
   62-730.900 Forms.
Forms are listed here by form number. Copies of all forms can be obtained on the internet at https://floridadep.gov/waste/permitting-compliance-assistance/content/forms-chapter-62-730-hazardous-waste or by contacting the Permitting and Compliance Assistance Program, MS 4500, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. In order to facilitate the initial submission of a complete application, applicants for hazardous waste permits are encouraged to use the Hazardous Waste Facility Permit Application Instructions, which provide guidance to the forms and assistance in assuring that the application complies with the provisions of 40 C.F.R. Part 270 and this chapter.
   (1) Notification Forms.
   (a) Application for Transfer of a Permit, January 29, 2006. [Form number 62-730.900(1)(a)]
   (b) 8700-12FL  -  Florida Notification of Regulated Waste Activity, 12-2019 [Form number 62-730.900(1)(b)], which is adopted and incorporated by reference in paragraph 62-730.150(2)(a), F.A.C.
   (2) Application for a Hazardous Waste Facility Permit, which is adopted and incorporated by reference in paragraph 62-730.220(2)(a), F.A.C.
   (a) Application for a Hazardous Waste Permit Part I  -  General, 12-2019. [Form number 62-730.900(2)(a)]
   (b) [reserved]
   (c) Information Regarding Potential Releases from Solid Waste Management Units, 12-2019. [Form number 62-730.900(2)(c)]
   (d) Application for a Hazardous Waste Facility Permit Certification, 12-2019. [Form number 62-730.900(2)(d)]
   (3) Application for a Hazardous Waste Emergency EPA/DEP Identification Number, 4-23-13 [Form number 62-730.900(3)], which is adopted and incorporated by reference in paragraph 62-730.161(2)(a), F.A.C.
   (4) Hazardous Waste Financial Responsibility Forms, which are adopted and incorporated by reference in subsection 62-730.180(6), F.A.C.
   (a) Hazardous Waste Facility Letter from Chief Financial Officer to Demonstrate Financial Assurance, 4-23-13. [Form number 62-730.900(4)(a)]
   (b) Hazardous Waste Facility Letter from Chief Financial Officer to Demonstrate Financial Responsibility, 4-23-13. [Form number 62-730.900(4)(b)]
   (c) Hazardous Waste Facility Corporate Guarantee to Demonstrate Financial Assurance, January 5, 1995. [Form number 62-730.900(4)(c)]
   (d) Hazardous Waste Facility Corporate Guarantee for Liability Coverage, January 5, 1995. [Form number 62-730.900(4)(d)]
   (e) Hazardous Waste Facility Trust Fund Agreement to Demonstrate Financial Assurance, January 5, 1995. [Form number 62-730.900(4)(e)]
   (f) Hazardous Waste Facility Standby Trust Fund Agreement to Demonstrate Financial Assurance, January 5, 1995. [Form number 62-730.900(4)(f)]
   (g) Hazardous Waste Facility Irrevocable Letter of Credit to Demonstrate Financial Assurance, January 5, 1995. [Form number 62-730.900(4)(g)]
   (h) Hazardous Waste Facility Financial Guarantee Bond to Demonstrate Financial Assurance, January 5, 1995. [Form number 62-730.900(4)(h)]
   (i) Hazardous Waste Facility Performance Bond to Demonstrate Financial Assurance, January 5, 1995. [Form number 62-730.900(4)(i)]
   (j) Hazardous Waste Facility Insurance Certificate to Demonstrate Financial Assurance, January 5, 1995. [Form number 62-730.900(4)(j)]
   (k) Hazardous Waste Facility Certificate of Liability Insurance (Primary Policy), January 5, 1995. [Form number 62-730.900(4)(k)]
   (l) Hazardous Waste Facility Certificate of Liability Insurance (Excess/Surplus Policy), January 5, 1995. [Form number 62-730.900(4)(l)]
   (m) Hazardous Waste Facility Endorsement (Primary Policy), January 5, 1995. [Form number 62-730.900(4)(m)]
   (n) Hazardous Waste Facility Endorsement (Excess/Surplus Policy), January 5, 1995. [Form number 62-730.900(4)(n)]
   (o) Hazardous Waste Facility Irrevocable Letter of Credit To Demonstrate Liability Coverage, January 29, 2006. [Form number 62-730.900(4)(o)]
   (p) Hazardous Waste Facility Surety Bond To Demonstrate Liability Coverage, January 29, 2006. [Form number 62-730.900(4)(p)]
   (q) Hazardous Waste Facility Trust Fund To Demonstrate Liability Coverage, January 29, 2006. [Form number 62-730.900(4)(q)]
   (r) Hazardous Waste Facility Standby Trust Fund To Demonstrate Liability Coverage, January 29, 2006. [Form number 62-730.900(4)(r)]
   (5) Hazardous Waste Transporter Financial Responsibility Forms, which are adopted and incorporated by reference in subsection 62-730.170(2), F.A.C.
   (a) Certificate of Liability Insurance Hazardous Waste Transporter and Used Oil Handler, 4-23-13. [Form number 62-730.900(5)(a)]
   (b) Hazardous Waste Transporter Liability Endorsement, 4-23-13. [Form number 62-730.900(5)(b)]
   (c) Hazardous Waste Transporter Liability Surety Bond, 4-23-13. [Form number 62-730.900(5)(c)]
   (6) [reserved]
   (7) [reserved]
   (8) RCRA Subtitle C Site Identification and Hazardous Waste Report, 6-18-18 [Form number 62-730.900(8)], which is adopted and incorporated by reference in subsection 62-730.150(3), F.A.C.
Rulemaking Authority 120.53, 403.061, 403.0611 FS. Law Implemented 120.52, 120.53, 120.55, 403.0611, 403.0875, 403.7234 FS. History - New 11-30-82, Amended 4-1-83, 5-5-83, 8-21-83, 3-1-84, 5-31-84, 9-17-84, 10-29-84, 2-11-85, Formerly 17-1.207(1), (3)-(6), Amended 2-6-86, 4-8-86, 9-23-87, Formerly 17-30.401, Amended 6-28-88, 12-12-88, Formerly 17-30.900, Amended 7-3-89, 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.900, Amended 1-5-95, 10-10-02, 1-29-06, 4-22-07, 10-28-08, 1-4-09, 4-23-13, 6-18-18, 11-13-19.


[Federal Register Volume 77, Number 248 (Thursday, December 27, 2012)]
[Notices]
[Pages 76316-76318]
[FR Doc No: 2012-31125]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68494; File No. SR-ICEEU-2012-17]

Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Filing and Immediate Effectiveness of Proposed Rule Change To Extend
the Position Allocation Methodology to Margin Calculations for Two
Additional OTC Spread Swap Futures Contracts

December 20, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 19, 2012, ICE Clear Europe Limited (``ICE Clear Europe'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described Items I, II and III below, which
Items have been prepared primarily by ICE Clear Europe. ICE Clear
Europe filed the proposal pursuant to Section 19(b)(3)(A)(iii) \3\ of
the Act, and Rule 19b-4(f)(4)(ii) \4\ thereunder so that the proposal
was effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(4)(ii).
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The purpose of the change is to extend the Position Allocation
Methodology to margin calculations for two additional OTC spread swap
futures contracts. Position Allocation Methodology is an enhancement to
the SPAN for the ICE Margining algorithm employed to calculate Original
Margin. All capitalized terms not defined herein are defined in the ICE
Clear Europe Rules.

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, ICE Clear Europe included
statements

concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. ICE Clear Europe has prepared summaries, set forth in
sections (A), (B) and (C) below, of the most significant aspects of
such statements.\5\
---------------------------------------------------------------------------

    \5\ The Commission has modified the text of the summaries
prepared by ICE Clear Europe.
---------------------------------------------------------------------------

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In addition to providing clearing services for credit default
swaps, ICE Clear Europe also provides clearing services for non-
securities contracts in energy and emissions markets (``Energy Futures
Products''). Position Allocation Methodology is an enhancement to the
SPAN[supreg] \6\ for the ICE Margining algorithm employed to calculate
Original Margin. This feature is applied for certain products where the
position in such a product can be better represented as one or more
positions in alternate products for the purposes of calculating
Original Margin. This Position Allocation Methodology will result in
new enhanced positions, but the SPAN margin calculation algorithm
itself has not been changed. As of August 30, 2011, Position Allocation
Methodology was applied also to:
---------------------------------------------------------------------------

    \6\ SPAN is a registered trademark of Chicago Mercantile
Exchange Inc., used herein under license. Chicago Mercantile
Exchange Inc. assumes no responsibility in connection with the use
of SPAN by any person or entity. SPAN is a risk evaluation and
margin framework algorithm.
---------------------------------------------------------------------------

     GOC: Gasoil Crack--Gasoil 1st Line vs. Brent 1st Line Swap
Future (in Metric Tons); and
     GDC: Gasoil Crack--Gasoil 1st Line vs. Brent 1st Line Swap
Future (in Barrels).
    Application of Position Allocation Methodology means that positions
in the above OTC spread swap futures contracts will be decomposed into
the following new positions:
     2 legs of the underlying spread, in this case into Gasoil
1st Line (GSP) and Brent 1st Line (BSP) swap futures; and
     1 original spread swap future, which will capture the
remaining risk.
    Energy Clearing Members were advised that the current ``Scanning
ranges and tiering'' margin file will contain an additional column
specifying whether a logical commodity is subject to Position
Allocation Methodology (Yes/No). Also, the scanning ranges published
for the original swap futures contracts will represent the remaining
risk parameter and not the price risk parameter. Price risk will be
covered by the positions allocated in the spread legs. In addition, for
contracts to which a Position Allocation is applied, further details of
the position Allocation can be found in the new ``Position Allocation''
file.
    Energy Clearing Members were also advised that ICE Clear Europe
will change the SPAN margin parameters for the following contracts:
     Brent 1st Line Swap Future (BSP); and
     Gasoil 1st Line Swap Future (GSP).
    All updated SPAN[supreg] margin parameters can be found at: https://www.theice.com/clear_europe_span_parameters.jhtml.
    Section 17A(b)(3)(F) of the Act \7\ requires, among other things,
that the rules of a clearing agency be designed to promote the prompt
and accurate clearance and settlement of securities transactions and,
to the extent applicable, derivative agreements, contracts, and
transactions. ICE Clear Europe believes that the proposed change with
respect to Energy Futures Products is consistent with the requirements
of the Act and the rules and regulations thereunder applicable to ICE
Clear Europe, in particular, with Section 17A(b)(3)(F),\8\ because
improved margining of OTC spread swap futures contracts protects
investors and the public interest.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78q-1(b)(3)(F).
    \8\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

(B) Clearing Agency's Statement on Burden on Competition

    ICE Clear Europe does not believe the proposed change would have
any impact, or impose any burden, on competition.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants or Others

    Written comments relating to the proposed change have not been
solicited or received. ICE Clear Europe will notify the Commission of
any written comments received by ICE Clear Europe.

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

    The foregoing rule change has become effective upon filing pursuant
to Section 19(b)(3)(A)(iii) \9\ of the Act and Rule 19b-4(f)(4)(ii)
\10\ thereunder because it primarily affects the futures clearing
operations of the clearing agency with respect to futures that are not
security futures, and does not significantly affect the securities
clearing operations of the clearing agency or any related rights or
obligations of the clearing agency or persons using such service. At
any time within 60 days of the filing of the proposed rule change, the
Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(4)(ii).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml) or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ICEEU-2012-17 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ICEEU-2012-17. 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 rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for 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 such filings will also be available
for inspection and copying at the principal office of ICE Clear Europe
and on ICE

Clear Europe's Web site (https://www.theice.com/publicdocs/regulatory_filings/ICEU_SEC_121912_2012-17.pdf).
    All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-ICEEU-2012-17
and should be submitted on or before January 17, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-31125 Filed 12-26-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: July 9, 2009 (Volume 74, Number 130)]
[Rules and Regulations]
[Page 32804]
[DOCID:fr09jy09-6]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 121

[Docket No. FAA-1999-6482; Amendment No. 121-346]
RIN 2120-AG87

Revisions to Digital Flight Data Recorder Regulations for Boeing
737 Airplanes and for All Part 125 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; correction.

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

SUMMARY: The Federal Aviation Administration (FAA) is amending a final
rule published in the Federal Register on December 2, 2008. That final
rule amended the regulations governing flight data recorders to
increase the number of digital flight data recorder parameters for all
Boeing 737 series airplanes manufactured after August 18, 2000. The
rule also adopts a prohibition on deviations from flight recorder
requirements for all airplanes operated under part 125. In our changes
to part 125, the FAA incorrectly referenced the appendix containing
airplane flight recorder specifications as appendix M when it is
actually appendix E.

DATES: Effective Date: These amendments become effective July 9, 2009.

FOR FURTHER INFORMATION CONTACT: For technical questions contact: Brian
A. Verna, Avionics Systems Branch, Aircraft Certification Service, AIR-
130, Federal Aviation Administration, 470 L'Enfant Plaza, Suite 4100,
Washington, DC 20024; telephone<PHONE_NUMBER>; facsimile (202) 385-
4651; e-mail<EMAIL_ADDRESS>For legal questions contact: Karen L.
Petronis, Regulations Division, Office of the Chief Counsel, Federal
Aviation Administration, 800 Independence, Avenue, SW., Washington, DC
20591; telephone<PHONE_NUMBER>; facsimile<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Aviation Administration
published a final rule entitled ``Revisions to Digital Flight Data
Recorder Regulations for Boeing 737 Airplanes and for All Part 125
Airplanes'' in the Federal Register on December 2, 2008 (73 FR 73171).
That final rule amended the regulations governing flight data recorders
to increase the number of digital flight data recorder parameters for
all Boeing 737 series airplanes manufactured after August 18, 2000. The
rule also adopted a prohibition on deviations from flight recorder
requirements for all airplanes operated under part 125.
    Following publication of the final rule, an individual contacted us
noting that the amended language in Sec.  125.226(f)(1) references
``appendix M to this part'' when the correct appendix is appendix E.
Upon reviewing our other changes to part 125, we noted the same
incorrect reference in the amended language of Sec.  125.226(n).
    This document makes the appropriate amendatory changes to
Sec. Sec.  125.226(f)(1) and 125.226(n) to correctly reference appendix
E to part 125.

Correcting Amendment

    This correcting amendment will clarify the references to appendix E
to part 125 in Sec. Sec.  125.226(f)(1) and 125.226(n).

List of Subjects in 14 CFR Part 125

    Aircraft, Aviation safety.

Correction

0
In consideration of the foregoing, the Federal Aviation Administration
amends part 125 of Title 14, Code of Regulations, as follows:

PART 125--CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF
6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH
AIRCRAFT

0
1. The authority citation for part 125 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44710-
44711, 44713, 44716-44717, 44722.

0
2. Amend Sec.  125.226 by revising paragraphs (f)(1) and (n) to read as
follows:

Sec.  125.226  Digital flight data recorders.

* * * * *
    (f) * * *
    (1) The parameters listed in paragraphs (a)(1) through (a)(88) of
this section must be recorded within the ranges, accuracies,
resolutions, and recording intervals specified in Appendix E to this
part.
* * * * *
    (n) In addition to all other applicable requirements of this
section, all Boeing 737 model airplanes manufactured after August 18,
2000 must record the parameters listed in paragraphs (a)(88) through
(a)(91) of this section within the ranges, accuracies, resolutions, and
recording intervals specified in Appendix E to this part. Compliance
with this paragraph is required no later than February 2, 2011.

    Issued in Washington, DC, on July 2, 2009.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. E9-16057 Filed 7-8-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Proposed Rules]
[Pages 76153-76155]
[FR Doc No: 2023-24441]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-2116; Airspace Docket No. 23-AGL-29]
RIN 2120-AA66

Amendment of Class E Airspace; Hutchinson, MN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend the Class E airspace at
Hutchinson, MN. The FAA is proposing this action as the result of an
airspace review conducted due to the decommissioning of the Darwin very
high frequency omnidirectional range (VOR) as part of the VOR Minimum
Operating Network (MON) Program. The name of the airport would also be
updated to coincide with the FAA's aeronautical database. This action
will bring the airspace into compliance with FAA orders to support
instrument flight rule (IFR) operations.

DATES: Comments must be received on or before December 21, 2023.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-2116 and
Airspace Docket No. 23-AGL-29 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow
the

online instruction for sending your comments electronically.
    * Mail: Send comments to Docket Operations, M-30; U.S. Department
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West
Building Ground Floor, Washington, DC 20590-0001.
    * Hand Delivery or Courier: Take comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
    * Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Docket: Background documents or comments received may be read at
www.regulations.gov at any time. Follow the online instructions for
accessing the docket or go to Docket Operations in Room W12-140 of the
West Building Ground Floor at 1200 New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
    FAA Order JO 7400.11H, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend the Class E airspace extending upward from 700 feet
above the surface at Hutchinson Municipal Airport/Butler Field,
Hutchinson, MN, to support IFR operations at this airport.

Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal. The most
helpful comments reference a specific portion of the proposal, explain
the reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should submit only one time if comments are filed electronically, or
commenters should send only one copy of written comments if comments
are filed in writing.
    The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it received on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or delay. The FAA may change this proposal in light
of the comments it receives.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT post these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov as described in the system
of records notice (DOT/ALL-14FDMS), which can be reviewed at
www.dot.gov/privacy.

Availability of Rulemaking Documents

    An electronic copy of this document may be downloaded through the
internet at www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at
www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address, phone number, and
hours of operations). An informal docket may also be examined during
normal business hours at the Federal Aviation Administration, Air
Traffic Organization, Central Service Center, Operations Support Group,
10101 Hillwood Parkway, Fort Worth, TX 76177.

Incorporation by Reference

    Class E airspace is published in paragraph 6005 of FAA Order JO
7400.11, Airspace Designations and Reporting Points, which is
incorporated by reference in 14 CFR 71.1 on an annual basis. This
document proposes to amend the current version of that order, FAA Order
JO 7400.11H, dated August 11, 2023, and effective September 15, 2023.
These updates would be published subsequently in the next update to FAA
Order JO 7400.11. That order is publicly available as listed in the
ADDRESSES section of this document.
    FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

The Proposal

    The FAA is proposing to amend 14 CFR part 71 by modifying the Class
E airspace extending upward from 700 feet above the surface to within a
6.4-mile (decreased from a 6.6-mile) radius of Hutchinson Municipal
Airport/Butler Field, Hutchinson, MN; and updating the name (previously
Hutchinson Municipal Airport-Butler Field) of airport to coincide with
the FAA's aeronautical database.
    This action is the result of an airspace review conducted due to
the decommissioning of the Darwin VOR, which provided navigation
information to this airport, as part of the VOR MON Program, and to
support IFR operations at this airport.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, will not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and

Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11H, Airspace Designations and Reporting Points, dated August 11,
2023, and effective September 15, 2023, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AGL MN E5 Hutchinson, MN [Amended]

Hutchinson Municipal Airport/Butler Field, MN
    (Lat 44[deg]51'36'' N, long 94[deg]22'57'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Hutchinson Municipal Airport/Butler
Field.
* * * * *

    Issued in Fort Worth, Texas, on November 1, 2023.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2023-24441 Filed 11-3-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Rules and Regulations]
[Pages 37769-37772]
[FR Doc No: 2023-12321]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2022-0314; FRL-10994-01-OCSPP]

Sedaxane; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes tolerances for residues of
sedaxane in or on Onion, bulb, subgroup 3-07A and Vegetable, cucurbit,
group 9. Syngenta Crop Protection, LLC requested these tolerances under
the Federal Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective June 9, 2023. Objections and
requests for hearings must be received on or before August 8, 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-2022-0314, is available at
https://www.regulations.gov or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket) in the Environmental Protection
Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg.,
Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460-0001. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room and the OPP Docket is<PHONE_NUMBER>. For the latest
status information on EPA/DC services, docket access, visit https://www.epa.gov/dockets.

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

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

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

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

    You may access a frequently updated electronic version of EPA's
tolerance regulations at 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-2022-0314 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing and must be received by the Hearing Clerk on or before
August 8, 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-2022-0314, by one of
the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of July 20, 2022 (87 FR 43231) (FRL 9410-
03-OCSPP), EPA issued a document pursuant to FFDCA section 408(d)(3),
21 U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
2F8986) by Syngenta Crop Protection, LLC, P.O. Box 18300, Greensboro,
NC 27419. The petition requested that 40 CFR 180.665 be amended by
establishing tolerances for residues of the fungicide sedaxane, N-[2-
[1,1'-bicyclopropyl]-2-ylphenyl]-3-(difluoromethyl)-1-methyl-1H-
pyrazole-4-carboxamide, in or on Vegetable, dry bulb, crop subgroup 3-
07A and Vegetable, cucurbit, group 9 at 0.01 parts per million (ppm).
The July 20, 2022, notice of filing referenced a summary of the
petition prepared by Syngenta Crop Protection, LLC, the registrant,
which is available in the docket, https://www.regulations.gov.

There were no comments received in response to the notice of filing.
    Based upon review of the data supporting the petition and in
accordance with its authority under FFDCA section 408(d)(4)(A)(i), EPA
is revising the commodity definition for ``Vegetable, dry bulb, crop
subgroup 3-07A'' to ``Onion, bulb, subgroup 3-07A''. The reason for
this change is explained in Unit IV.C.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue . .
. .''
    Consistent with FFDCA section 408(b)(2)(D), and the factors
specified therein, EPA has reviewed the available scientific data and
other relevant information in support of this action. EPA has
sufficient data to assess the hazards of and to make a determination on
aggregate exposure for sedaxane, including exposure resulting from the
tolerances established by this action. EPA's assessment of exposures
and risks associated with sedaxane follows.
    In an effort to streamline its publications in the Federal
Register, EPA is not reprinting sections that repeat what has been
previously published in tolerance rulemakings for the same pesticide
chemical. Where scientific information concerning a particular chemical
remains unchanged, the content of those sections would not vary between
tolerance rulemakings, and EPA considers referral back to those
sections as sufficient to provide an explanation of the information EPA
considered in making its safety determination for the new rulemaking.
    EPA has previously published tolerance rulemakings for sedaxane,
most recently in the Federal Registers of December 8, 2017 (82 FR
57867) (FRL-9970-04) and August 27, 2019 (84 FR 44703) (FRL-9998-22),
in which EPA concluded, based on the available information, that there
is a reasonable certainty that no harm would result from aggregate
exposure to sedaxane and established tolerances for residues of that
pesticide chemical. EPA is incorporating previously published sections
from the 2017 and 2019 rulemakings as described further in this
rulemaking, as they remain unchanged.

A. Toxicological Profile

    For a discussion of the Toxicological Profile of sedaxane, see Unit
III.A. of the 2019 rulemaking.

B. Toxicological Points of Departure/Levels of Concern

    For a summary of the Toxicological Points of Departure/Levels of
Concern used for the safety assessment, see Unit III.B. of the 2017
rulemaking.

C. Exposure Assessment

    Much of the exposure assessment remains the same since the 2019
rulemaking, although the new exposure assessment incorporates
additional dietary exposures from the petitioned-for tolerances. The
updates are discussed in this section; for a description of the rest of
the EPA approach to and assumptions for the exposure assessment, see
Unit III.C. of the 2019 rulemaking.
    Dietary exposure from food and feed uses. In evaluating dietary
exposure to sedaxane, EPA considered exposure under the petitioned-for
tolerances as well as all existing sedaxane tolerances in 40 CFR
180.665. For the acute and chronic dietary exposure assessments, EPA
used tolerance-level residues for all registered and proposed
commodities. The acute and chronic analyses used 100 percent crop
treated (PCT) for all commodities.
    Drinking water exposure. Drinking water exposures are not impacted
by the proposed seed treatment uses on Onion, bulb, subgroup 3-07A and
Vegetable, cucurbit, group 9. Since the 2019 rulemaking, EPA has
conducted a new drinking water assessment for the registration review
of sedaxane and subsequently updated that assessment with respect to
seed treatment uses. Estimated drinking water concentrations (EDWCs)
for annual potato seed treatments resulted in the highest
concentrations for total sedaxane residues. The proposed seed treatment
uses are not expected to result in total sedaxane residues at
concentrations higher than the annual potato seed treatments;
therefore, the EDWCs for annual potato seed treatments are protective.
The groundwater EDWCs are 22.0 parts per billion (ppb) for acute
exposures and 19.3 ppb for chronic exposures. These EDWCs were
calculated with the Pesticide Root Zone Model for Groundwater (PRZM-
GW).
    Non-occupational exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., for lawn and garden pest control, indoor pest control,
termiticides, and flea and tick control on pets). Sedaxane is not
registered for any specific use patterns that would result in
residential exposure, and residential exposures are not impacted by the
proposed seed treatment uses.
    Cumulative exposure. Section 408(b)(2)(D)(v) of FFDCA requires
that, when considering whether to establish, modify, or revoke a
tolerance, the Agency consider ``available information'' concerning the
cumulative effects of a particular pesticide's residues and ``other
substances that have a common mechanism of toxicity.'' Unlike other
pesticides for which EPA has followed a cumulative risk approach based
on a common mechanism of toxicity, EPA has not made a common mechanism
of toxicity finding as to sedaxane and any other substances. For the
purposes of this action, therefore, EPA has not assumed that sedaxane
has a common mechanism of toxicity with other substances.

D. Safety Factor for Infants and Children

    EPA continues to conclude that there is reliable data to support
the reduction of the Food Quality Protection Act (FQPA) safety factor
to 1X. See Unit III.D. of the 2019 rulemaking for a discussion of the
Agency's rationale for that determination.

E. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic dietary pesticide
exposures are safe by comparing aggregate exposure estimates to the
acute population-adjusted dose (aPAD) and chronic population-adjusted
dose (cPAD). For linear cancer risks, EPA calculates the lifetime
probability of acquiring cancer given the estimated aggregate exposure.
Short-, intermediate-, and chronic-term risks are evaluated by
comparing the estimated aggregate food, water, and residential exposure
to the appropriate points of departure (PODs) to ensure that an
adequate margin of exposure (MOE) exists.
    Acute dietary risks are below the Agency's level of concern of 100%
of the aPAD; they are 1.4% of the aPAD for

all infants (<1 year old), the population group receiving the greatest
exposure. Chronic dietary risks are below the Agency's level of concern
of 100% of the cPAD; they are 1.4% of the cPAD for all infants (<1 year
old), the population group receiving the greatest exposure.
    Short- and intermediate-term aggregate exposure risks take into
account short- and intermediate-term residential exposures,
respectively, plus chronic exposure to food and water (considered to be
a background exposure level). Because there are no proposed or
registered residential uses of sedaxane, short- and intermediate-term
risk assessments were not performed. The chronic risk assessment is
protective for any short- and intermediate-term exposures from food and
drinking water.
    Because the chronic risk is below the Agency's level of concern,
EPA concludes the chronic dietary risk assessment adequately accounts
for any potential carcinogenicity that could result from exposure to
sedaxane.
    Therefore, based on these risk assessments, EPA concludes that
there is a reasonable certainty that no harm will result to the general
population, or to infants and children, from aggregate exposure to
sedaxane residues. More detailed information can be found at https://www.regulations.gov in the document titled ``Sedaxane. Human Health
Risk Assessment for a Proposed Seed Treatment Use on Bulb Onion Crop
Subgroup 3-07A and Cucurbit Vegetables Crop Group 9'' in docket ID
number EPA-HQ-OPP-2022-0314.

IV. Other Considerations

A. Analytical Enforcement Methodology

    For a discussion of the available analytical enforcement method,
see Unit IV.A. of the 2019 rulemaking.

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4).
    The Codex has not established an MRL for sedaxane in or on Onion,
bulb, subgroup 3-07A and Vegetable, cucurbit, group 9.

C. Revisions to Petitioned-For Tolerances

    The petition requested a tolerance for ``Vegetable, dry bulb, crop
subgroup 3-07A''. Since the time of submission, EPA has updated the
preferred vocabulary for establishing pesticide tolerances, and the
correct commodity definition is ``Onion, bulb, subgroup 3-07A''. The
Agency is therefore revising the commodity definition for ``Vegetable,
dry bulb, crop subgroup 3-07A'' to ``Onion, bulb, subgroup 3-07A''.

V. Conclusion

    Therefore, tolerances are established for residues of sedaxane, N-
[2-[1,1'-bicyclopropyl]-2-ylphenyl]-3-(difluoromethyl)-1-methyl-1H-
pyrazole-4-carboxamide, in or on Onion, bulb, subgroup 3-07A at 0.01
ppm and Vegetable, cucurbit, group 9 at 0.01 ppm.

VI. Statutory and Executive Order Reviews

    This action establishes tolerances 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 tolerances 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).

VII. 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: May 26, 2023.
Charles Smith,
Director, Registration Division, 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. In Sec.  180.665, the table in paragraph (a) is amended by:
0
a. Adding a table heading; and

0
b. Adding in alphabetical order the entries ``Onion, bulb, subgroup 3-
07A'' and ``Vegetable, cucurbit, group 9''.
    The additions read as follows:

Sec.  180.665  Sedaxane; tolerances for residues.

    (a) * * *

                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
------------------------------------------------------------------------

                                * * * * *
Onion, bulb, subgroup 3-07A.................................        0.01

                                * * * * *
Vegetable, cucurbit, group 9................................        0.01

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

* * * * *
[FR Doc. 2023-12321 Filed 6-8-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 60 (Thursday, March 28, 2019)]
[Notices]
[Pages 11757-11758]
[FR Doc No: 2019-05902]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL19-55-000]

Hoosier Energy Rural Electric Cooperative, Inc.; Notice of Filing

    Take notice that on March 20, 2019, Hoosier Energy Rural Electric
Cooperative, Inc. filed a proposed revenue requirement filing for
reactive supply and voltage control for its Livingston Generating and
Orchard Hills Generating Stations, under PJM Interconnection L.L.C.,
Tariff Schedule 2.
    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 website 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 April 10, 2019.

    Dated: March 21, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-05902 Filed 3-27-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: October 13, 2009 (Volume 74, Number 196)]
[Notices]
[Page 52525-52526]
[DOCID:fr13oc09-109]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Certification Guidance for Installation of Non-Essential, Non-
Required Aircraft Cabin Systems & Equipment (CS&E), AC 20-XY

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of availability and request for public comment.

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

SUMMARY: This notice announces the availability of and request for
public comments on the proposed new Federal Aviation Administration
(FAA) Advisory Circular (AC) 20-XY, Certification Guidance for
Installation of Non-Essential, Non-Required Aircraft Cabin Systems &
Equipment (CS&E). This AC provides primary certification guidance on
how to meet the airworthiness requirements for the installation of non-
essential, non-required aircraft cabin systems & equipment (CS&E).

DATES: Comments must be received on or before November 27, 2009.

ADDRESSES: Send all comments on the proposed new FAA AC 20-XY to:
Federal Aviation Administration, Aircraft Certification Service,
Aircraft Engineering Division, 950 L'Enfant Plaza, 5th Floor, SW.,
Washington, DC 20024. ATTN: John Petrakis, AIR-120. You may deliver
comments to: Federal Aviation Administration, 950 L'Enfant Plaza, 5th
Floor, SW., Washington, DC 20024, or electronically submit comments to
the following Internet address<EMAIL_ADDRESS>
Include in the subject line of your message the following: FAA AC 20-
XY, Certification Guidance for Installation of Non-Essential, Non-
Required Aircraft Cabin Systems & Equipment (CS&E).

FOR FURTHER INFORMATION CONTACT: John Petrakis, Senior Aerospace
Engineer, Federal Aviation Administration, Aircraft Certification
Service, Aircraft Engineering Division, Technical Programs and
Continued Airworthiness Branch, AIR-120, 950 L'Enfant Plaza, 5th Floor,
SW., Washington, DC 20024. Telephone<PHONE_NUMBER>, FAX (202) 385-
6475, or e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    You are invited to comment on the draft order listed in this notice
by sending such written data, views, or arguments to the above listed
address. Please identify ``FAA AC 20-XY, Certification Guidance for
Installation of Non-Essential, Non-Required Aircraft Cabin Systems &
Equipment (CS&E)'' as the subject of your comments. You may also
examine comments received on the proposals before and after the comment
closing date at FAA offices, 950 L'Enfant Plaza, 5th Floor, SW.,
Washington, DC 20024, weekdays except Federal holidays, between 8:30
a.m. and 4:30 p.m. The Director of the Aircraft Certification Service
will consider all communications received on or before the closing date
before issuing the final document.

Background

    The FAA developed this new AC 20-XY with direct industry assistance
through RTCA, Inc., Special Committee 210 (SC-210). This proposed AC
will provide airworthiness certification guidance for the installation
of non-essential, non-required aircraft cabin systems & equipment
(CS&E). The proposed AC 20-XY incorporates the guidance in RTCA, Inc.
document RTCA/DO-313, Certification Guidance for Installation of Non-
Essential, Non-Required Aircraft Cabin Systems & Equipment, dated
October 2, 2008. This AC will cancel AC 25-10, Guidance for
Installation of Miscellaneous, Nonrequired Electrical Equipment, dated
March 6, 1987.

How To Obtain Copies

    You can get an electronic copy via the Internet at http://
www.faa.gov/aircraft/draft_docs/, and then select Advisory Circulars,
or by contacting the person named in the paragraph FOR FURTHER
INFORMATION CONTACT.

    Issued in Washington, DC on October 1, 2009.
Susan J. M. Cabler,
Assistant Manager, Aircraft Engineering Division, Aircraft
Certification Service.
[FR Doc. E9-24516 Filed 10-9-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: August 22, 2007 (Volume 72, Number 162)]
[Notices]
[Page 46979]
[DOCID:fr22au07-69]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. RP06-417-004; RP07-36-002]

Dominion Cove Point LNG, LP; Notice of Compliance Filing

August 15, 2007.
    Take notice that on August 8, 2007, Dominion Cove Point LNG, LP
submitted a compliance filing pursuant to the ``Letter Order Approving
Uncontested Settlement'' issued in Docket Nos. RP06-417-000 and RP07-
36-000 on July 5, 2007.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing 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. Such protests
must be filed in accordance with the provisions of Section 154.210 of
the Commission's regulations (18 CFR 154.210). Anyone filing a protest
must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible online 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 e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-16510 Filed 8-21-07; 8:45 am]

BILLING CODE 6717-01-P


MT applies to 7D611.a ``software''          MT Column 1
 ``specially designed'' for 7A611.a
 commodities controlled for MT reasons.
RS applies to entire entry except 7D611.y.  RS Column 1
AT applies to entire entry................  AT Column 1
UN applies to entire entry except 7D611.y.  See Sec.   746.1(b) for UN
                                             controls

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

CIV: N/A
TSR: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2)
of the EAR) may not be used for any software in 7D611.

List of Items Controlled

Related Controls: ``Software'' directly related to articles
enumerated in USML Category XII is subject of USML paragraph XII(f).
Related Definitions: N/A
Items:

    a. ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of commodities controlled
by ECCNs 7A611 (except 7A611.y) or 7B611.
    b. to x. [RESERVED]
    y. Specific ``software'' ``specially designed'' for the
``development,'' ``production,'' operation, or maintenance of
commodities described in 7A611.y.

0
44. In Supplement No. 1 to part 774, Category 7, add ECCN 7E611 between
ECCNs 7E104 and 7E994 to read as follows:

7E611 ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul or refurbishing of commodities controlled by 7A611,
commodities controlled by 7B611, or software controlled by 7D611, as
follows (see List of Items Controlled).

License Requirements

Reason for Control: NS, MT, RS, AT, UN

                                            Country chart (see supp. No.
                Control(s)                         1 to part 738)

NS applies to entire entry except 7E611.y.  NS Column 1
MT applies to ``technology'' in 7E611.a if  MT Column 1
 ``required'' for items controlled for MT
 reasons in 7A611.a, 7B611.a, or 7D611.a.
RS applies to entire entry except 7E611.y.  RS Column 1
AT applies to entire entry................  AT Column 1
UN applies to entire entry except 7E611.y.  See Sec.   746.1(b) for UN
                                             controls

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

CIV: N/A
TSR: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2)
of the EAR) may not be used for any technology in 7E611.

List of Items Controlled

Related Controls: Technical data directly related to articles
enumerated in USML Category XII are subject to the control of USML
Category XII(f).
Related Definitions: N/A
    Items:

    a. ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of commodities or ``software'' controlled
by ECCN 7A611 (except 7A611.y), 7B611, or 7D611 (except 7D611.y).
    b. through .x [RESERVED]
    y. Specific ``technology'' ``required'' for the ``production,''
``development,'' operation, installation, maintenance, repair, or
overhaul of commodities or software controlled by ECCNs 7A611.y or
7D611.y.

0
45. In Supplement No. 1 to part 774, Category 7, ECCN 7E994 is amended
by revising the Related Controls paragraph

in the List of Items Controlled section to read as follows:

7E994 ``Technology,'' n.e.s., for the ``development,''
``production'', or ``use'' of navigation, airborne communication,
and other avionics equipment.
* * * * *

List of Items Controlled

* * * * *
Related Controls: N/A
* * * * *

0
46. In Supplement No. 1 to part 774, Category 8, ECCN 8A002 is amended
by adding a sentence to the end of the Related Controls paragraph in
the List of Items Controlled section to read as follows:

8A002 Marine systems, equipment, ``parts'' and ``components,'' as
follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: * * * (5) Section 744.9 imposes a license
requirement on commodities described in 8A002.d if being exported,
reexported, or transferred (in-country) for use by a military end-
user or for incorporation into an item controlled by ECCN 0A919.
* * * * *

0
47. In Supplement No. 1 to part 774, Category 9, ECCN 9A991 is amended
by:
0
a. Removing the License Requirement Notes paragraph in the License
Requirements section, and
0
b. Revising the Related Controls paragraph in the List of Items
Controlled section.
    The revision reads as follows:

9A991 ``Aircraft'', n.e.s., and gas turbine engines not controlled
by 9A001 or 9A101 and ``parts'' and ``components,'' n.e.s. (see List
of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: N/A
* * * * *

    Dated: September 15, 2016.
Kevin J. Wolf,
Assistant Secretary of Commerce for Export Administration.
[FR Doc. 2016-24220 Filed 10-11-16; 8:45 am]
 BILLING CODE 3510-33-P


Meeting with the Consumer Specialty Products Association to Discuss
Proposed Modifications to IUR rule

On September, 14, 2010, EPA met with the Consumer Specialty Products
Association (CSPA) to discuss the proposed modifications to the
Inventory Update Reporting (IUR) rule. CSPA is a trade association that
represents the interest of companies that manufacture, formulate,
distribute and sell consumer products. Topics discussed included the
collection of exposure-related information from processors, approaches
for collecting the data, and the burden that would be associated with
providing information on the downstream uses of formulated products and
imported chemicals. EPA answered clarifying questions regarding several
of the proposed changes and encouraged CSPA to formally submit their
comments to the docket for the proposed rule.


1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 TWF 85,769 3,033,965 5,760,600 14,109,162 47,308,608 51,204,604 23,498,504 9,556,087 10,595,715 411,193 2,021 6,586 7,632,827 557,309,038 692,931,538 43,819,385 703,584,499 TM 17 Distrib. 0.017603 0.001708 0.000302 0.000040 0.000045 0.000101 0.000004 0.000804 0.000066 0.057144 0.193107 0.729076 0.000000 0.000000 0.000001 0.000000 0.000000 1.00 Release ( g) Release ( lbs)

ELECTRIC MILLS WOOD PRESERVING L. L. C. 3.5943 0.007924 11.96 41.06 13.79 4.44 17.04 40.99 0.81 60.88 5.51 186.19 3.09 38.05 0.00 0.00 3.48 0.00 0.00 427.29 CAHABA PRESSURE TREATED FOREST PRODS. INC. 65.658 0.144751 218.54 749.99 251.94 81.02 311.26 748.75 14.75 1,112.07 100.74 3,401.23 56.49 695.05 0.00 0.00 63.64 0.00 0.00 7,805.47 BROWN WOOD PRESERVING CO. INC. 28 0.061729 93.20 319.83 107.44 34.55 132.74 319.31 6.29 474.25 42.96 1,450.46 24.09 296.41 0.00 0.00 27.14 0.00 0.00 3,328.66 DIS TRAN WOOD PRODS.

L. L. C. 27 0.059525 89.87 308.41 103.60 33.32 128.00 307.90 6.06 457.31 41.43 1,398.66 23.23 285.82 0.00 0.00 26.17 0.00 0.00 3,209.78 HUXFORD POLE & TIMBER CO INC 25.2296 0.055622 83.98 288.19 96.81 31.13 119.60 287.71 5.67 427.32 38.71 1,306.95 21.71 267.08 0.00 0.00 24.45 0.00 0.00 2,999.31 KOPPERS INC 10.6417 0.023461 35.42 121.56 40.83 13.13 50.45 121.36 2.39 180.24 16.33 551.26 9.16 112.65 0.00 0.00 10.31 0.00 0.00 1,265.09 WILLIAM C MEREDITH CO INC 9.8118 0.021631 32.66 112.08 37.65 12.11 46.51 111.89 2.20 166.19 15.05 508.27 8.44 103.87 0.00 0.00 9.51 0.00 0.00 1,166.43 INTERNATIONA L PAPER 4.5347 0.009997 15.09 51.80 17.40 5.60 21.50 51.71 1.02 76.81 6.96 234.91 3.90 48.00 0.00 0.00 4.40 0.00 0.00 539.09 INTERNATIONA L PAPER CO 4.2562 0.009383 14.17 48.62 16.33 5.25 20.18 48.54 0.96 72.09 6.53 220.48 3.66 45.06 0.00 0.00 4.13 0.00 0.00 505.98 COLFAX TREATING CO LLC 3.1 0.006834 10.32 35.41 11.90 3.83 14.70 35.35 0.70 52.51 4.76 160.59 2.67 32.82 0.00 0.00 3.00 0.00 0.00 368.53 WHEELER LUMBER LLC 2.4012 0.005294 7.99 27.43 9.21 2.96 11.38 27.38 0.54 40.67 3.68 124.39 2.07 25.42 0.00 0.00 2.33 0.00 0.00 285.46 KOPPERS INC 2.084 0.004594 6.94 23.80 8.00 2.57 9.88 23.77 0.47 35.30 3.20 107.96 1.79 22.06 0.00 0.00 2.02 0.00 0.00 247.75 BALDWIN POLE & PILING CO INC 1.817 0.004006 6.05 20.75 6.97 2.24 8.61 20.72 0.41 30.78 2.79 94.12 1.56 19.23 0.00 0.00 1.76 0.00 0.00 216.01 PEARL RIVER WOOD L. L. C. 1.2 0.002646 3.99 13.71 4.60 1.48 5.69 13.68 0.27 20.32 1.84 62.16 1.03 12.70 0.00 0.00 1.16 0.00 0.00 142.66 CASCADE POLE & LUMBER CO. 0.9873 0.002177 3.29 11.28 3.79 1.22 4.68 11.26 0.22 16.72 1.51 51.14 0.85 10.45 0.00 0.00 0.96 0.00 0.00 117.37 J. H. BAXTER &

CO 0.8134 0.001793 2.71 9.29 3.12 1.00 3.86 9.28 0.18 13.78 1.25 42.14 0.70 8.61 0.00 0.00 0.79 0.00 0.00 96.70 L. D. MCFARLAND CO. 0.7392 0.001630 2.46 8.44 2.84 0.91 3.50 8.43 0.17 12.52 1.13 38.29 0.64 7.83 0.00 0.00 0.72 0.00 0.00 87.88 OESER CO. 0.181 0.000399 0.60 2.07 0.69 0.22 0.86 2.06 0.04 3.07 0.28 9.38 0.16 1.92 0.00 0.00 0.18 0.00 0.00 21.52 PERMAPOST PRODUCTS CO 0.1427 0.000315 0.47 1.63 0.55 0.18 0.68 1.63 0.03 2.42 0.22 7.39 0.12 1.51 0.00 0.00 0.14 0.00 0.00 16.96 TOTAL 22,847.94 REVISED TRI Surface Water Discharges for Facilities in Lumber ( SIC 24): Dioxin and Dioxin like compounds, U. S., 2002 ( Zero Non detects) Dioxin and Dioxin like compounds Number CAS # Chemical Name 1 67562 39 4 1,2,3,4,6,7,8 Heptachlorodibenzofuran 2 55673 89 7 1,2,3,4,7,8,9 Heptachlorodibenzofuran 3 70648 26 9 1,2,3,4,7,8 Hexachlorodibenzofuran 4 57117 44 9 1,2,3,6,7,8 Hexachlorodibenzofuran 5 72918 21 9 1,2,3,7,8,9 Hexachlorodibenzofuran 6 60851 34 5 2,3,4,6,7,8 Hexachlorodibenzofuran 7 39227 28 6 1,2,3,4,7,8 Hexachlorodibenzo p dioxin 8 57653 85 7 1,2,3,6,7,8 Hexachlorodibenzo p dioxin 9 19408 74 3 1,2,3,7,8,9 Hexachlorodibenzo p dioxin 10 35822 46 9 1,2,3,4,6,7,8 Heptachlorodibenzo p dioxin 11 39001 02 0 1,2,3,4,6,7,8,9 Octachlorodibenzofuran 12 3268 87 9 1,2,3,4,6,7,8,9 Octachlorodibenzo p dioxin 13 57117 41 6 1,2,3,7,8 Pentachlorodibenzofuran 14 57117 31 4 2,3,4,7,8 Pentachlorodibenzofuran 15 40321 76 4 1,2,3,7,8 Pentachlorodibenzo p dioxin 16 51207 31 9 2,3,7,8 Tetrachlorodibenzofuran 17 1746 01 6 2,3,7,8 Tetrachlorodibenzo p dioxin


PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request U. S. Environmental Protection Agency OW/ OST/ SHPD 2. OMB control number b. G None a_ 2040 NEW_ __ __ __ __ __ __ __

3. Type of information collection ( check one) a. X New collection b. G Revision of a currently approved collection c. G Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. X Three years from approval date b. G Other Specify: / /___

7. Title U. S. EPA BEACH Act Grant Program 8. Agency form number( s) ( If applicable) ICR# 2048.01 9. Keywords Beaches, Public Health, Grants 10. Abstract Congress passed the Beaches Environmental Assessment and Coastal Health ( BEACH) Act October 2000, to amend the Clean Water Act in part by adding section 406    Coastal Recreation Water Monitoring and Notification.'' Section 406( b) requires EPA to make grants to States and local governments to develop and implement programs for monitoring and public notification for coastal recreation waters adjacent to beaches or similar points of access that are used by the public, if the State or local government satisfies the requirements of the BEACH Act. Several of these requirements require a grant awardee to collect and submit information to EPA as a condition for receiving the grant. Section 406( b) requires a grant awardee to provide the factors that the awardees use to prioritize funds and a list of waters for which the grant funds will be used. Section 406( b) also requires that a grant awardee's program is consistent with the performance requirements set by EPA under section 406( a); EPA needs information from the grant awardee to determine if the monitoring and notification programs are consistent with these criteria. On July 31, 2001, EPA published the draft performance criteria for BEACH Act grants ( 66 FR 39510, July 31, 2001). Section 406( b) also requires that a grant awardee submit a report to EPA that describes the data collected as part of a monitoring and notification program and the actions taken to notify the public when water quality standards are exceeded. Section 406( c) requires a grant awardee to identify lists of coastal recreation waters, processes for States to delegate to local governments the responsibility for implementing a monitoring and notification program, and the content of the monitoring and notification program.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. Business or other for profit e. X Federal Government c. Not for profit institutions f. P State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. P Required to obtain or retain benefits c. G Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 35 b. Total annual responses 35 1. Percentage of these responses collected electronically % c. Total hours requested 69,755 d. Current OMB inventory 0 e. Difference 69,755 f. Explanation of difference 1. Program Change 69,755 2. Adjustment 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Total annualized capital/ startup costs 0 b. Total annual costs ( O& M) 473 c. Total annualized cost requested 473 d. Current OMB inventory 0 e. Difference 473 f. Explanation of difference 1. Program change 473 2. Adjustment 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. P_ Application for benefits e. X_ Program planning or management b. X__ Program evaluation f. __ Research c. __ General purpose statistics g. __ Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. Q Recordkeeping b. Q Third party disclosure c. Q Reporting 1. Q On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. Q Semi annually 6. X Annually 7. Q Biannually 8. Q Other ( describe) 17. Statistical methods Does this information collection employ statistical methods?

Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Charles Kovatch Phone: 202 260 3754 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( I) Why the information is being collected' ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( I) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information Date OMB 83 I 10/ 95 Certification Requirement for Paperwork Reduction Act Submissions 5 CFR 1320.9 reads " As part of the agency submission to OMB of a proposed collection of information, the agency ( through the head of the agency, the Senior Official or their designee) shall certify ( and provide a record supporting such certification) that the proposed collection of information

"( a) is necessary for the proper performance of the functions of the agency, including that the information to be collected will have practical utility;

"( b) is not unnecessarily duplicative of information otherwise reasonably accessible to the agency;

"( c) reduces to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, including with respect to small entities, as defined in the Regulatory Flexibility Act 5 U. S. C § 601( 6)), the use of such techniques as:

"( 1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; "( 2) the clarification, consolidation, or simplification of compliance and reporting requirements; or collection of information , or any part thereof; "( 3) an exemption from coverage of the collection of information, or any part thereof;

"( d) is written using plain, coherent, and unambiguous terminology and is understandable to those who are to respond;

"( e) is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting and recordkeeping practices of those who are to respond;

"( f) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified;

"( g) informs potential respondents of the information called for under § 1320.8( b)( 3); [ see below]

"( h) has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to agencies and the public;

"( I) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and "( j) to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public."

NOTE: 5 CFR 1320.8( b)( 3) requires that each collection of information:

"( 3) informs and provides reasonable notice to the potential persons to whom the collection of information is addressed of: "( I) the reasons the information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( ii) the way such information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( iii) an estimate, to the extent practicable, of the average burden of the collection ( together with a request that the public direct to the agency any comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden); "( iv) whether responses to the collection of information are voluntary, required to obtain or retain a benefit ( citing authority), or mandatory ( citing authority); "( v) the nature and extent of confidentiality to be provided, if any ( citing authority); and "( vi) the fact that any agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number."

OMB 83 I ( Instructions) 10/ 95