[Federal Register Volume 88, Number 226 (Monday, November 27, 2023)]
[Rules and Regulations]
[Pages 82782-82786]
[FR Doc No: 2023-25871]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2022-0198; FRL-11435-01-OCSPP]

Tolpyralate; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of
tolpyralate in or on barley, wheat and livestock commodities. ISK
Biosciences Corporation requested these tolerances under the Federal
Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective November 27, 2023. Objections and
requests for hearings must be received on or before January 26, 2024,
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-2022-0198, 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 for the OPP Docket is<PHONE_NUMBER>. Please review
the visitor instructions and additional information about the docket
available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Francisco Llarena-Arias, Registration
Division (7505P), 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/title-40.

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

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2022-0198 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
January 26, 2024. 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-2022-0198, 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 May 20, 2022 (87 FR 30855) (FRL-9410-13-
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
1F8958) by ISK Biosciences Corporation, 7470 Auburn Road, Suite A,
Concord, Ohio, 44077. The petition requested that 40 CFR part 180 be
amended by establishing tolerances for residues of the herbicide
tolpyralate, 1-[[1-ethyl-4-[3-(2-methoxyethoxy)-2-methyl-4-
(methylsulfonyl)benzoyl]-1H-pyrazol-5-yl]oxy]ethyl methyl carbonate
including its metabolite MT-2153, in or on barley, grain at 0.015 parts
per million (ppm); barley, hay at 0.2 ppm; barley, straw at 0.08 ppm;
wheat, grain at 0.01 ppm; wheat, forage at 0.02 ppm; wheat, hay at 0.05
ppm; wheat, straw at 0.03 ppm. That document referenced a summary of
the petition prepared by ISK Biosciences Corporation, 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, EPA is establishing
tolerances for residues in livestock commodities. The reasons for these
changes are 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 in FFDCA section 408(b)(2)(D), 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 tolpyralate including exposure
resulting from the tolerances established by this action. EPA's
assessment of exposures and risks associated with tolpyralate follows.
    In an effort to streamline its publications in the Federal
Register, EPA is not reprinting sections of the rule 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 rulemaking and republishing the same
sections is unnecessary and duplicative. 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 a number of tolerance rulemakings for
tolpyralate, in which EPA concluded, based on the available
information, that there is a reasonable certainty that no harm would
result from aggregate exposure to tolpyralate and established
tolerances for residues of that chemical. EPA is incorporating
previously published sections from those rulemakings as described
further in this rulemaking, as they remain unchanged.

A. Toxicological Profile

    For a discussion of the Toxicological Profile of tolpyralate, see
Unit III.A. of the July 27, 2017, rulemaking (82 FR 34877) (FRL-9964-
15).

B. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA
identifies toxicological points of departure (POD) and levels of
concern to use in evaluating the risk posed by human exposure to the
pesticide. The PODs and levels of concern have not changed from the
previous rulemaking and EPA incorporates the background information in
the July 27, 2017, rulemaking. In addition, a summary of the
toxicological endpoints for tolpyralate used for human risk assessment
can be found in the document titled Tolpyralate: Human Health Risk
Assessment for the Proposed Uses on Wheat and Barley and Addition of
Aerial Application for Corn. (hereinafter ``Tolpyralate Human Health
Risk Assessment'') in docket ID number EPA-HQ-OPP-2022-0198 in
regulations.gov.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to tolpyralate, EPA considered exposure under the petitioned-
for tolerances as well as all existing tolpyralate tolerances in 40 CFR
180.696. EPA assessed dietary exposures from tolpyralate in food as
follows:
    i. Acute exposure. Quantitative acute dietary exposure and risk
assessments are performed for a food-use pesticide, if a toxicological
study has indicated the possibility of an effect of concern occurring
as a result of a 1-day or single exposure.
    Such effects were identified for tolpyralate. In estimating acute
dietary exposure, EPA used food consumption information from the United
States Department of Agriculture (USDA) under the Continuing Survey of
Food Intake by Individuals (CSFII) and the Centers for Disease Control
(CDC) under the National Health and Nutrition Examination Survey/What
We Eat in America (NHANES/WEIA) 2005-2010. As to residue levels in
food, EPA assumed tolerance level residues for all commodities and 100%
crop treated.
    ii. Chronic exposure. In conducting the chronic dietary exposure
assessment EPA used the food consumption data from the United States
Department of Agriculture (USDA) under the Continuing Survey of Food
Intake by Individuals (CSFII) and the CDC under the National Health and
Nutrition Examination Survey/What We Eat in America (NHANES/WEIA) 2005-
2010. As to residue levels in food, EPA assumed tolerance level
residues for all commodities and 100% crop treated.
    iii. Cancer. The Agency has determined that quantification of risk
using a non-linear approach (i.e., reference dose or RfD), for
tolpyralate will adequately account for all chronic toxicity, including
carcinogenicity, that could result from exposure to tolpyralate. As a
result, the chronic dietary exposure assessment is protective for
potential cancer risk, and a separate cancer exposure assessment was
not conducted.

    iv. Anticipated residue and percent crop treated (PCT) information.
EPA did not use anticipated residue and/or PCT information in the
dietary assessment for tolpyralate. Tolerance level residues and/or
100% CT were assumed for all food commodities.
    2. Dietary exposure from drinking water. The estimates for drinking
water exposure have not changed since the previous tolerance
rulemaking; the additional uses do not impact the previous calculations
for drinking water exposure estimates. For a discussion of the dietary
exposure of drinking water of tolpyralate, see Unit III.C.2. of the
July 27, 2017, rulemaking.
    3. From non-dietary exposure. There are no residential (non-
occupational) exposures associated with the new proposed uses and
tolpyralate is not registered for any use patterns that would result in
residential exposure.
    4. Cumulative effects from substances with a common mechanism of
toxicity. The Agency is required to consider the cumulative risks of
pesticides sharing a common mechanism of toxicity. The Agency has
determined that the HPPD inhibitors, which include tolpyralate, share a
common mechanism of toxicity as discussed in the HPPD Inhibiting
Herbicides: State of the Science paper (K. Yozzo and M. Perron, 09/18/
2020, TXR No. 0058084, D439367). As explained in that document, the
members of this group share the ability to bind to and inhibit the HPPD
enzyme, resulting in elevated systemic tyrosine levels and common
apical outcomes that are mediated by tyrosine, including ocular and
developmental effects. In 2021, after establishing a common mechanism
grouping for the HPPD inhibitors, the Agency conducted the P-
Hydroxyphenyl-Pyruvate Dioxygenase (HPPD) Inhibitors Cumulative Risk
Assessment: Benzobicyclon, Bicyclopyrone, Isoxaflutole, Mesotrione,
Pyrasulfotole, Tembotrione, Tolpyralate, and Topramezone (J. Godshall,
06/30/2021, D462487) and concluded that cumulative exposures to HPPD
inhibitors (based on proposed and registered pesticidal uses at the
time the assessment was conducted) did not present risks of concern.
    An updated cumulative risk assessment (CRA) was not performed for
the proposed new uses of tolpyralate on barley and wheat. The
tolerances for tolpyralate being established in this rulemaking for
barley, wheat and livestock commoditiest, do not impact the screening-
level CRA based on low recommended tolerance levels relative to other
HPPD inhibitors in the Cumulative Assessment Group (CAG). Therefore, an
updated CRA is not necessary for tolpyralate.

D. Safety Factor for Infants and Children

    EPA continues to conclude that there are reliable data to support
the reduction of the Food Quality Protection Act (FQPA) safety factor
from 10X to 1X. See Unit III.D of July 27, 2017, rulemaking (82 FR
34877) (FRL-9964-15) 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 PAD (cPAD). For
linear cancer risks, EPA calculates the lifetime probability of
acquiring cancer given the estimated aggregate exposure. Short-,
intermediate-, and chronic-term risks are evaluated by comparing the
estimated aggregate food, water, and residential exposure to the
appropriate PODs to ensure that an adequate margin of exposure (MOE)
exists.
    1. Acute risk. Using the exposure assumptions discussed in this
unit for acute exposure, the acute dietary exposure from food and water
to tolpyralate will occupy 1.0% of the aPAD for females 13 to 49 years
old, the only population relevant for assessing acute exposure to
tolpyralate.
    2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that chronic exposure to
tolpyralate from food and water will utilize 2.7% of the cPAD for
children 1 to 2 years old, the population group receiving the greatest
exposure. There are no residential uses for tolpyralate.
    3. Short-term risk. A short-term adverse effect was identified;
however, tolpyralate is not registered for any use patterns that would
result in short-term residential exposure. Short-term risk is assessed
based on short-term residential exposure plus chronic dietary exposure.
Because there is no short-term residential exposure and chronic dietary
exposure has already been assessed under the appropriately protective
cPAD (which is at least as protective as the POD used to assess short-
term risk), no further assessment of short-term risk is necessary, and
EPA relies on the chronic dietary risk assessment for evaluating short-
term risk for tolpyralate.
    4. Intermediate-term risk. An intermediate-term adverse effect was
identified; however, tolpyralate is not registered for any use patterns
that would result in intermediate-term residential exposure.
Intermediate-term risk is assessed based on intermediate-term
residential exposure plus chronic dietary exposure. Because there is no
intermediate-term residential exposure and chronic dietary exposure has
already been assessed under the appropriately protective cPAD (which is
at least as protective as the POD used to assess intermediate-term
risk), no further assessment of intermediate-term risk is necessary,
and EPA relies on the chronic dietary risk assessment for evaluating
intermediate-term risk for tolpyralate.
    5. Aggregate cancer risk for U.S. population. Based on the
discussion in Unit III.A., the chronic dietary exposure assessment is
protective for potential cancer risk. Therefore, EPA does not expect
exposure to tolpyralate to pose aggregate cancer risk.
    6. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population, or to infants and children from aggregate
exposure to tolpyralate residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology (ISK Biosciences Method JSM0433)
for plant commodities is a LC-MS/MS method that can be used to analyze
for parent tolpyralate. It has been developed and independently
validated and is adequate to enforce the established and proposed
tolerances. For all matrices and analytes, the level of quantification
(LOQ), defined as the lowest level of method validation (LLMV) or
lowest spiking level where acceptable precision and accuracy data were
obtained, was determined to be 0.01 ppm. The limit of detection (LOD)
was 0.004 ppm.
    Adequate enforcement methodology (ISK Biosciences Method D96518)
for livestock commodities is a LC-MS/MS method that can be used to
analyze for parent tolpyralate and the metabolite MT-2153 concurrently.
It has been developed and independently validated and is adequate to
enforce the established and proposed tolerances. For all matrices and
analytes, the level of quantification (LOQ), defined as the lowest
level of method validation (LLMV) or lowest spiking level where
acceptable precision and accuracy data were obtained, was determined to
be 0.01 ppm. The limit of detection (LOD) was 0.003 ppm.

    The methods may be requested from: Chief, Analytical Chemistry
Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD
20755-5350; telephone number:<PHONE_NUMBER>; email address:
[email protected].

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 Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    The Codex has not established a MRL for tolpyralate.

C. Revisions to Petitioned-For Tolerances

    The tolerances being established for the proposed new uses of
tolpyralate are based on values obtained using the OECD MRL calculator
and submitted residue data. The tolerances being established are
consistent with the values in the petition, with the exception of
barley, grain, which is established at 0.01 ppm instead of 0.015 ppm to
correct a typo that was published in the Federal Register of May 20,
2022 (87 FR 30855) (FRL-9410-13-OCSPP). EPA is establishing tolerances
for residues in livestock commodities due to an update in the dietary
burden calculation.
    As part of the review of the petition, a revised Maximum Reasonable
Dietary Burden (MRDB), including the potential contributions of barley
and wheat were evaluated. As indicated in EPA's regulation, 40 CFR
180.6, when finite pesticide chemical residues will be found in
livestock commodities as a result of the use of a pesticide in or on
animal feedstuffs, EPA will establish tolerances in livestock
commodities to accommodate those residues. The additional uses of
tolpyralate on barley and wheat will result in an increase in the MRDB
for beef and dairy cattle and consequently necessitate increasing
tolerances for tolpyralate residues in ruminant commodities. New
tolerance levels in ruminant commodities were determined using the
Langmuir model, and based on that analysis, EPA is establishing
tolerances for residues in or on cattle, byproducts at 0.02 ppm; goat,
byproducts at 0.02 ppm; horse, byproducts at 0.02 ppm and sheep,
byproducts at 0.02 ppm.

V. Conclusion

    Therefore, tolerances for plant commodities are established for
residues of tolpyralate, 1-[[1-ethyl-4-[3-(2-methoxyethoxy)-2-methyl-4-
(methylsulfonyl)benzoyl]-1H-pyrazol-5-yl]oxy]ethyl methyl carbonate in
or on barley, grain at 0.01 ppm; barley, hay at 0.2 ppm; barley, straw
at 0.08 ppm wheat, grain at 0.01 ppm; wheat, forage at 0.02 ppm; wheat,
hay at 0.05 ppm and; wheat, straw at 0.03 ppm. Compliance with the
tolerance levels specified below is to be determined by measuring only
tolpyralate, 1-[[1-ethyl-4-[3-(2-methoxyethoxy)-2-methyl-4-
(methylsulfonyl)benzoyl]-1H-pyrazol-5-yl]oxy]ethyl methyl carbonate, in
or on the commodity.
    In addition, tolerances for livestock commodities are established
for residues of tolpyralate, 1-[[1-ethyl-4-[3-(2-methoxyethoxy)-2-
methyl-4-(methylsulfonyl)benzoyl]-1H-pyrazol-5-yl]oxy]ethyl methyl
carbonate and metabolite MT-2153 [1-ethyl-5-hydroxy-1H-pyrazol-4-yl-3-
(2-methoxyethoxy)-4-mesyl-2-methylphenyl ketone], in or on cattle,
byproducts at 0.02 ppm; goat, byproducts at 0.02 ppm; horse, byproducts
at 0.02 ppm and sheep, byproducts at 0.02 ppm. Compliance with the
tolerance levels specified below is to be determined by measuring
tolpyralate, 1-[[1-ethyl-4-[3-(2-methoxyethoxy)-2-methyl-4-
(methylsulfonyl)benzoyl]-1H-pyrazol-5-yl]oxy]ethyl methyl carbonate and
metabolite MT-2153 [1-ethyl-5-hydroxy-1H-pyrazol-4-yl-3-(2-
methoxyethoxy)-4-mesyl-2-methylphenyl ketone], in or on the commodity.

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 tolerance 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: November 16, 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. Amend Sec.  180.696 by:
0
a. Designating the introductory text of paragraph (a) as paragraph
(a)(1) and the table in newly designated paragraph (a)(1) as table 1 to
paragraph (a)(1).
0
b. Adding, in alphabetical order, in newly designated table 1 to
paragraph (a)(1), the entries ``Barley, grain''; ``Barley, hay'';
``Barley, straw''; ``Wheat, forage''; ``Wheat, grain''; ``Wheat, hay'';
and ``Wheat, straw''.
0
c. Add paragraph (a)(2).
    The additions read as follows:

Sec.  180.696   Tolpyralate; tolerances for residues.

    (a) * * *
    (1) * * *

                       Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
------------------------------------------------------------------------
Barley, grain...............................................        0.01
Barley, hay.................................................         0.2
Barley, straw...............................................        0.08

                                * * * * *
Wheat, forage...............................................        0.02
Wheat, grain................................................        0.01
Wheat, hay..................................................        0.05
Wheat, straw................................................        0.03
------------------------------------------------------------------------

    (2) Tolerances are established for residues of tolpyralate, 1-[[1-
ethyl-4-[3-(2-methoxyethoxy)-2-methyl-4-(methylsulfonyl)benzoyl]-1H-
pyrazol-5-yl]oxy]ethyl methyl carbonate and metabolite MT-2153 [1-
ethyl-5-hydroxy-1H-pyrazol-4-yl-3-(2-methoxyethoxy)-4-mesyl-2-
methylphenyl ketone], in or on the livestock commodities in table 2 to
this paragraph (a)(2). Compliance with the tolerance levels specified
in table 2 to this paragraph (a)(2) is to be determined by measuring
tolpyralate, 1-[[1-ethyl-4-[3-(2-methoxyethoxy)-2-methyl-4-
(methylsulfonyl)benzoyl]-1H-pyrazol-5-yl]oxy]ethyl methyl carbonate and
metabolite MT-2153 [1-ethyl-5-hydroxy-1H-pyrazol-4-yl-3-(2-
methoxyethoxy)-4-mesyl-2-methylphenyl ketone], in or on the commodity.

                       Table 2 to Paragraph (a)(2)
------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
------------------------------------------------------------------------
Cattle, byproducts..........................................        0.02
Goat, byproducts............................................        0.02
Horse, byproducts...........................................        0.02
Sheep, byproducts...........................................        0.02
------------------------------------------------------------------------

* * * * *
[FR Doc. 2023-25871 Filed 11-24-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: May 8, 2008 (Volume 73, Number 90)]
[Notices]
[Page 26098-26101]
[DOCID:fr08my08-67]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings  1

April 29, 2008.
    Take notice that the Commission received the following electric
corporate filings:
    Docket Numbers: EC08-75-000; EL08-57-000.
    Applicants: KeySpan-Ravenswood, LLC; TransCanada Facility USA, Inc.
    Description: KeySpan-Ravenswood, LLC submits an application for
Petitions for issuance of declaratory orders etc.
    Filed Date: 04/21/2008.
    Accession Number: 20080422-0157.
    Comment Date: 5 p.m. Eastern Time on Wednesday, May 21, 2008.

    Docket Numbers: EC08-80-000.
    Applicants: Celerity Energy Partners San Diego LLC.
    Description: Application of Celerity Energy Partners San Diego LLC
for Authorization for Disposition of Jurisdictional Facilities.
    Filed Date: 04/25/2008.
    Accession Number: 20080425-5129.

    Comment Date: 5 p.m. Eastern Time on Friday, May 16, 2008.

    Take notice that the Commission received the following exempt
wholesale generator filings:
    Docket Numbers: EG08-67-000.
    Applicants: CPV Maryland, LLC.
    Description: Notice of Exempt Wholesale Generator Status of CPV
Maryland, LLC.
    Filed Date: 04/28/2008.
    Accession Number: 20080428-5110.
    Comment Date: 5 p.m. Eastern Time on Monday, May 19, 2008.

    Docket Numbers: EG08-68-000.
    Applicants: Montgomery L'Energia Power Partners LP.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Montgomery L'Energia Power Partners LP.
    Filed Date: 04/28/2008.
    Accession Number: 20080428-5133.
    Comment Date: 5 p.m. Eastern Time on Monday, May 19, 2008.

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER99-1522-004; ER02-723-003; ER04-359-002; ER06-
796-002; ER07-553-001; ER07-554-001; ER07-555-001; ER07-556-001; ER07-
557-001.
    Applicants: Bangor Hydro-Electric Company; Emera Energy Services,
Inc.; Emera Energy U.S. Subsidiary No. 1, Inc; Emera Energy U.S.
Subsidiary No. 2, Inc.; Emera Energy Services Subsidiary No. 3 LLC;
Emera Energy Services Subsidiary No. 1 LLC; Emera Energy Services
Subsidiary No. 4 LLC; Emera Energy Services Subsidiary No. 2 LLC; Emera
Energy Services Subsidiary No. 5 LLC.
    Description: Bangor Hydro-Electric Company et al. submits a second
errata to the 1/14/08 and additional revisions to their market-based
rate tariff.
    Filed Date: 04/23/2008.
    Accession Number: 20080425-0062.
    Comment Date: 5 p.m. Eastern Time on Wednesday, May 14, 2008.

    Docket Numbers: ER99-2251-008; ER99-2252-009; ER98-2491-014; ER97-
705-019; ER02-2080-008; ER02-2546-009; ER99-3248-011; ER99-1213-009;
ER01-1526-009.
    Applicants: Consolidated Edison Company of New York, Inc.; Orange
and Rockland Utilities, Inc.; Consolidated Edison Energy, Inc;
Consolidated Edison Solutions, Inc.; Ocean Peaking Power, L.L.C.; CED
Rock Springs, Inc.; Consolidated Edison Energy of Massachusetts;
Lakewood Cogeneration, L.P.; Newington Energy, L.L.C.
    Description: The Con Edison Companies submit their Triennial Market
Power Analysis and request for shortened comment period.
    Filed Date: 04/21/2008.
    Accession Number: 20080424-0207.
    Comment Date: 5 p.m. Eastern Time on Monday, May 12, 2008.

    Docket Numbers: ER02-506-009; ER98-2783-012; ER99-3822-012; ER07-
841-002; ER01-140-008; ER07-842-002; ER00-1895-010; ER07-843-002; ER07-
844-002; ER07-845-002; ER07-846-002; ER99-4160-013; ER01-141-008; ER07-
847-002; ER00-3696-009; ER01-943-008; ER05-1266-006; ER08-451-001;
ER01-3109-010; ER01-1044-009; ER99-2157-009; ER02-553-008; ER03-42-013.
    Applicants: Bluegrass Generation Company, LLC; Bridgeport Energy,
LLC; Casco Bay Energy Company, LLC; Dynegy Arlington Valley, LLC;
Dynegy Danskammer, L.L.C.; Dynegy Kendall Energy, LLC; Dynegy Midwest
Generation, Inc.; Dynegy Mohave, LLC; Dynegy Morro Bay, LLC; Dynegy
Moss Landing, LLC; Dynegy Oakland, LLC; Dynegy Power Marketing, Inc.;
Dynegy Roseton, L.L.C.; Dynegy South Bay, LLC; Griffith Energy LLC;
Heard County Power, LLC; Ontelaunee Power Operating Co, LLC; Plum Point
Energy Associates, LLC; Renaissance Power, L.L.C; Riverside Generating
Company, LLC; Rocky Road Power, LLC; Rolling Hills Generating, LLC;
Sithe/Independence Power Partners, L.P.
    Description: Supplemental Information--Joint Notification of Change
in Status of Bluegrass Generation Company, LLC, et al.
    Filed Date: 04/18/2008.
    Accession Number: 20080421-5082.
    Comment Date: 5 p.m. Eastern Time on Friday, May 09, 2008.

    Docket Numbers: ER01-316-028.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc. submits their Index of Customers
for the first quarter of 2008 under the ISO's FERC Tariff for
Transmission Dispatch and Power Administration Services.
    Filed Date: 04/21/2008.
    Accession Number: 20080423-0023.
    Comment Date: 5 p.m. Eastern Time on Monday, May 12, 2008.

    Docket Numbers: ER01-989-005.
    Applicants: Green Mountain Power Corporation.
    Description: Green Mountain Power Corp. submits an updated market
power analysis and revisions to its market-based rate power sales
tariff.
    Filed Date: 04/24/2008.
    Accession Number: 20080428-0111.
    Comment Date: 5 p.m. Eastern Time on Thursday, May 15, 2008.

    Docket Numbers: ER05-320-005; ER02-999-007; ER97-2460-010; ER97-
2463-007.
    Applicants: Unitil Energy Systems, Inc.; Unitil Power Corporation;
Fitchburg Gas and Electric Light Company.
    Description: Unitil Energy Systems, Inc et al. submit their
substitute tariff sheets in compliance with Order 697.
    Filed Date: 04/23/2008.
    Accession Number: 20080425-0064.
    Comment Date: 5 p.m. Eastern Time on Wednesday, May 14, 2008.

    Docket Numbers: ER05-905-001.
    Applicants: Celerity Energy Partners San Diego, LLC.
    Description: Celerity Energy Partners San Diego, LLC submits notice
of change in status, in compliance with Order 652.
    Filed Date: 04/25/2008.
    Accession Number: 20080428-0118.
    Comment Date: 5 p.m. Eastern Time on Friday, May 16, 2008.

    Docket Numbers: ER07-1332-003.
    Applicants: Smoky Hills Wind Farm, LLC.
    Description: Smoky Hills Wind Farm, LLC submits notice of non-
material change in status.
    Filed Date: 04/25/2008.
    Accession Number: 20080428-0119.
    Comment Date: 5 p.m. Eastern Time on Friday, May 16, 2008.

    Docket Numbers: ER08-28-002.
    Applicants: Puget Sound Energy, Inc.
    Description: Puget Sound Energy Inc. submits revisions to PSE's
Open Access Transmission Tariff to comply with the directives of the
December 4 Order and the April 9 Order, PSE enclosed revisions as FERC
Electric Tariff Eighth Revised Volume 7 et al.
    Filed Date: 04/24/2008.
    Accession Number: 20080428-0018.
    Comment Date: 5 p.m. Eastern Time on Thursday, May 15, 2008.

    Docket Numbers: ER08-397-002.
    Applicants: ALLETE, Inc.
    Description: ALLETE, Inc. dba Minnesota Power submits an errata to
correct the base fuel cost included in the wholesale energy and
capacity full requirements contracts, etc.
    Filed Date: 04/24/2008.
    Accession Number: 20080428-0017.
    Comment Date: 5 p.m. Eastern Time on Thursday, May 15, 2008.

    Docket Numbers: ER08-782-000.
    Applicants: Union Electric Company.
    Description: Union Electric Company submits notice of withdrawal of
its application under Section 205 of the Federal Power Act.
    Filed Date: 04/24/2008.
    Accession Number: 20080428-0109.
    Comment Date: 5 p.m. Eastern Time on Thursday, May 15, 2008.

    Docket Numbers: ER08-783-000.

    Applicants: Ameren Energy Marketing Company.
    Description: Ameren Energy Marketing Co submits notice of
withdrawal of its application under section 205 of the Federal Power
Act submitted on 4/2/08.
    Filed Date: 04/24/2008.
    Accession Number: 20080428-0110.
    Comment Date: 5 p.m. Eastern Time on Thursday, May 15, 2008.

    Docket Numbers: ER08-860-000.
    Applicants: CER Generation II, LLC.
    Description: CER Generation II, LLC submits an Application for
Order Authorizing Market-Based rates, Certain Waivers, and Blanket
Authorizations of CER Generation II, LLC.
    Filed Date: 04/22/2008.
    Accession Number: 20080425-0095.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 13, 2008.

    Docket Numbers: ER08-867-000.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc submits an
Agreement to Amend Joint Operating Agreement Among with PJM
Interconnection, LLC etc.
    Filed Date: 04/23/2008.
    Accession Number: 20080428-0114.
    Comment Date: 5 p.m. Eastern Time on Wednesday, May 14, 2008.

    Docket Numbers: ER08-866-000.
    Applicants: Tampa Electric Company.
    Description: Tampa Electric Company submits Seventh Revised Sheet
70 and 71 to their First Revised Rate Schedule 62, comprising its
Interchange Service Contract etc.
    Filed Date: 04/25/2008.
    Accession Number: 20080428-0113.
    Comment Date: 5 p.m. Eastern Time on Friday, May 16, 2008.

    Docket Numbers: ER08-868-000.
    Applicants: Commonwealth Edison Company.
    Description: Commonwealth Edison Company and Commonwealth Edison
Company of Indiana, Inc's CD containing its revision of Attachment H-13
of the PJM Open Access Transmission Tariff.
    Filed Date: 04/24/2008.
    Accession Number: 20080424-4001.
    Comment Date: 5 p.m. Eastern Time on Thursday, May 15, 2008.

    Docket Numbers: ER08-869-000.
    Applicants: Montana-Dakota Utilities Co.
    Description: Montana-Dakota Utilities Co's CD containing notice of
cancellation of its Open Access Transmission Tariff for the Wyoming
System.
    Filed Date: 04/24/2008.
    Accession Number: 20080424-4002.
    Comment Date: 5 p.m. Eastern Time on Thursday, May 15, 2008.

    Docket Numbers: ER08-870-000.
    Applicants: Ameren Services Company.
    Description: Central Illinois Public Service Company submits an
executed service agreement for Wholesale Distribution Service with
Illinois Municipal Electric Agency.
    Filed Date: 04/25/2008.
    Accession Number: 20080428-0115.
    Comment Date: 5 p.m. Eastern Time on Friday, May 16, 2008.

    Docket Numbers: ER08-871-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc submits revisions to its
Membership Agreement, to become effective 8/10/05.
    Filed Date: 04/25/2008.
    Accession Number: 20080428-0116.
    Comment Date: 5 p.m. Eastern Time on Friday, May 16, 2008.

    Docket Numbers: ER08-872-000.
    Applicants: Tampa Electric Company.
    Description: Tampa Electric Co submits its Seventh Revised Sheet
118 for inclusion in Second Revised Rate Schedule 49 etc.
    Filed Date: 04/25/2008.
    Accession Number: 20080428-0117.
    Comment Date: 5 p.m. Eastern Time on Friday, May 16, 2008.

    Docket Numbers: ER08-874-000.
    Applicants: Tampa Electric Company.
    Description: Tampa Electric Company submits revised rate schedule
sheets for inclusion in the rate schedules comprising Tampa Electric
bilateral interchange contracts with 16 other utilities.
    Filed Date: 04/25/2008.
    Accession Number: 20080428-0122.
    Comment Date: 5 p.m. Eastern Time on Friday, May 16, 2008.

    Take notice that the Commission received the following electric
securities filings:
    Docket Numbers: ES08-42-000.
    Applicants: Southern Indiana Gas & Electric Company.
    Description: Revision to Application of Southern Indiana Gas and
Electric Company for Authority to Issue Short-Term Debt.
    Filed Date: 04/25/2008.
    Accession Number: 20080428-5028.
    Comment Date: 5 p.m. Eastern Time on Friday, May 9, 2008.

    Docket Numbers: ES08-46-000.
    Applicants: Consumers Energy Company.
    Description: Application of Consumers Energy Company for Authority
to Issue Long Term Securities Under Section 204 of the Federal Power
Act.
    Filed Date: 04/25/2008.
    Accession Number: 20080425-5096.
    Comment Date: 5 p.m. Eastern Time on Friday, May 16, 2008.

    Docket Numbers: ES08-47-000.
    Applicants: Consumers Energy Company.
    Description: Application for Authority to Issue Short Term
Securities of Consumers Energy Company.
    Filed Date: 04/25/2008.
    Accession Number: 20080428-5050.
    Comment Date: 5 p.m. Eastern Time on Friday, May 16, 2008.

    Take notice that the Commission received the following open access
transmission tariff filings:
    Docket Numbers: OA07-105-001.
    Applicants: Puget Sound Energy, Inc.
    Description: Order No. 890 OATT Filing of Puget Sound Energy, Inc.
    Filed Date: 04/25/2008.
    Accession Number: 20080425-5091.
    Comment Date: 5 p.m. Eastern Time on Friday, May 16, 2008.

    Docket Numbers: OA07-114-001.
    Applicants: PacifiCorp.
    Description: PacifiCorp submits revised Open Access Transmission
Tariff sheets for Attachment C, request that the Revised Attachment C
be accepted for filing, effective 9/11/07, in compliance with the
Commission's 3/25/08 letter order.
    Filed Date: 04/24/2008.
    Accession Number: 20080428-0021.
    Comment Date: 5 p.m. Eastern Time on Thursday, May 15, 2008.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and .214)
on or before 5 p.m. Eastern time on the specified comment date. It is
not necessary to separately intervene again in a subdocket related to a
compliance filing if you have previously intervened in the same docket.
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. Anyone filing a motion to intervene or
protest must serve a copy of that document on the Applicant. In
reference to filings initiating a new proceeding, interventions or
protests submitted on or before the comment deadline need not be served
on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be

listed as a contact for an intervenor must create and validate an
eRegistration account using the eRegistration link. Select the eFiling
link to log on and submit the intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also 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>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
 [FR Doc. E8-10160 Filed 5-7-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: January 26, 2009 (Volume 74, Number 15)]
[Proposed Rules]
[Page 4363-4365]
[DOCID:fr26ja09-12]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1926

[Docket No. OSHA-2007-0066]
RIN 1218-AC01

Cranes and Derricks in Construction

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

ACTION: Proposed rule; notice of hearing.

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SUMMARY: OSHA is convening an informal public hearing to receive

testimony and documentary evidence on the proposed rule for Cranes and
Derricks in Construction (29 CFR part 1926, subpart CC) which published
on October 9, 2008 (73 FR 59714).

DATES: Informal public hearing. The Agency will hold the informal
public hearing in Washington, DC, beginning March 17, 2009. The hearing
will commence at 10 a.m. on the first day. If necessary, the hearing
will continue for additional days. If the hearing is continued for
additional days, it will begin at 9 a.m. on each of these days.
    Notice of intention to appear to provide testimony at the informal
public hearing. Parties who intend to present testimony at the informal
public hearing must notify OSHA in writing of their intention to do so
no later than February 13, 2009.
    Hearing testimony and documentary evidence. Parties who are
requesting more than 10 minutes to present their testimony, or who will
be submitting documentary evidence at the hearing, must provide the
Agency with copies of their full testimony and all documentary evidence
they plan to present by March 3, 2009.

ADDRESSES: Informal public hearing. The informal public hearing will be
held in Washington, DC, in the auditorium on the plaza level of the
Frances Perkins Building, U.S. Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210.
    Notices of intention to appear at the hearing, hearing testimony,
and documentary evidence. Submit notices of intention to appear at the
informal public hearing, hearing testimony, and documentary evidence,
identified by the docket number (OSHA-2007-0066) or the regulation
identifier number (RIN 1218-AC01), using any one of the following
methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting the material.
    Facsimile: Send submissions consisting of 10 or fewer pages to the
OSHA Docket Office at<PHONE_NUMBER>. Hard copies of these documents
are not required. Instead of transmitting facsimile copies of
attachments that supplement these documents (e.g., studies, journal
articles), submit these attachments, in triplicate hard copy, to the
OSHA Docket Office, Technical Data Center, Room N-2625, OSHA, U.S.
Department of Labor, 200 Constitution Ave., NW., Washington, DC 20210.
These attachments must clearly identify the sender's name, date,
subject, and docket number (i.e., OSHA-2007-0066) so that the Agency
can attach them to the appropriate document.
    Regular mail, express delivery, hand delivery, and courier service:
Send submissions in triplicate (three copies) to the OSHA Docket
Office, Docket No. OSHA-2007-0066, Technical Data Center, Room N-2625,
OSHA, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone<PHONE_NUMBER> (OSHA's TTY number is
(877) 889-5627). Note that security-related problems may result in
significant delays in receiving submissions by regular mail. Please
contact the OSHA Docket Office for information about security
procedures concerning delivery of materials by express delivery, hand
delivery, or courier service. The OSHA Docket Office and Department of
Labor hours of operation are 8:15 a.m. to 4:45 p.m., e.t.
    Instructions. All submissions must include the Agency name and the
OSHA docket number (i.e., OSHA-2007-0066). All submissions, including
any personal information, are placed in the public docket without
revision, and will be available online at http://www.regulations.gov.
Therefore, OSHA cautions members of the public against submitting
information and statements that should remain private, including
comments that contain personal information (either about themselves or
others) such as Social Security numbers, birth dates, and medical data.
For additional information on submitting notices of intention to
appear, the text of testimony, and documentary evidence, see the PUBLIC
PARTICIPATION--COMMENTS AND HEARINGS section below.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or to the OSHA Docket Office
at the address above. Documents in the docket are listed in the http://
www.regulations.gov index. However, some information (e.g., copyrighted
material) is not publicly available to read or download through this
Web site. All submissions, including copyrighted material, are
available for inspection and copying at the OSHA Docket Office. Contact
the OSHA Docket Office for assistance in locating docket submissions,
including notices of intention to appear, the text of testimony, and
documentary evidence.

FOR FURTHER INFORMATION CONTACT: General information and press
inquiries: Contact Ms. Jennifer Ashley, Office of Communications, Room
N-3647, OSHA, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone<PHONE_NUMBER>.
    Technical inquiries: Contact Ms. Cathy Legan, Directorate of
Construction, Room N-3468, OSHA, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
2020 or fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Background. OSHA published the proposed Cranes and Derricks in
Construction Standard on October 9, 2008 (73 FR 59713). The period for
submitting written comments was to expire on December 8, 2008, but was
extended to January 22, 2009. During this period, a number of
commenters submitted requests for an informal public hearing (see,
e.g., Ex. OSHA-2007-0066-0117.1). With this notice, OSHA is announcing
a hearing date in response to these requests.
    Public participation--comments and hearings. OSHA encourages
members of the public to participate in this rulemaking by providing
oral testimony and documentary evidence at the informal public hearing.
Accordingly, the Agency invites interested parties having knowledge of,
or experience with, the issues raised in the Notice of Proposed
Rulemaking (NPRM) to participate in this process, and welcomes any
pertinent data that will provide the Agency with the best available
evidence to use in developing the final rule. This remainder of this
section describes the procedures the public must use to schedule an
opportunity to deliver oral testimony and to provide documentary
evidence at the informal public hearing.
    Hearing arrangements. Pursuant to section 6(b)(3) of the
Occupational Safety and Health Act (the Act; 29 U.S.C. 655), members of
the public have an opportunity at the informal public hearing to
provide oral testimony concerning the issues raised in the NPRM. An
administrative law judge (ALJ) will preside over the hearing and will
resolve any procedural matters relating to the hearing on the first
day.
    Purpose of the hearing. The legislative history of Section 6 of the
Act, as well as the Agency's regulation governing public hearings (29
CFR 1911.15), establish the purpose and procedures of informal public
hearings. Although the presiding officer of the hearing is an ALJ, and
questions by interested parties are allowed on pertinent issues, the
hearing is informal and legislative in purpose. Therefore, the hearing
provides interested parties with an opportunity to make effective and
expeditious oral presentations in the absence of procedural restraints
that could impede or protract the rulemaking process. The hearing is
not an adjudicative proceeding subject to the

technical rules of evidence. Instead, it is an informal administrative
proceeding convened for the purpose of gathering and clarifying
information. The regulations that govern the hearing, and the pre-
hearing guidelines issued for the hearing, will ensure that
participants are treated fairly and have due process. This approach
will facilitate the development of a clear, accurate, and complete
record. Accordingly, application of these rules and guidelines will be
such that questions of relevance, procedures, and participation will be
decided in favor of developing a complete record.
    Conduct of the hearing. Conduct of the hearing will conform to the
provisions of 29 CFR 1911.5. Although the ALJ presiding over the
hearing makes no decision or recommendation on the merits of the NPRM
or the final rule, the ALJ has the responsibility and authority to
ensure that the hearing progresses at a reasonable pace and in an
orderly manner. To ensure that interested parties receive a full and
fair informal hearing, the ALJ has the authority and power to: Regulate
the course of the proceedings; dispose of procedural requests,
objections, and similar matters; confine the presentations to matters
pertinent to the issues raised; use appropriate means to regulate the
conduct of the parties who are present at the hearing; question
witnesses, and permit others to question witnesses; and limit the time
for such questions. At the close of the hearing, the ALJ will establish
a post-hearing comment period for parties who participated in the
hearing. During the first part of this period, the participants may
submit additional data and information to OSHA, and during the second
part of this period, they may submit briefs, arguments, and summations.
    Notice of intention to appear to provide testimony at the informal
public hearings. Hearing participants must file a notice of intention
to appear that provides the following information: The name, address,
and telephone number of each individual who will provide testimony; the
capacity in which the individual will testify (e.g., name of the
establishment/organization the individual is representing; the
individual's occupational title and position); approximate amount of
time requested for the individual's testimony; specific issues the
individual will address, including a brief description of the position
that the individual will take with respect to each of these issues; and
any documentary evidence the individual will present, including a brief
summary of the evidence.
    OSHA emphasizes that, while the hearing is open to the public and
interested parties are welcome to attend, only a party who files a
proper notice of intention to appear may ask questions and participate
fully in the hearing. A party who did not file a notice of intention to
appear may be allowed to testify at the hearing if time permits, but
this determination is at the discretion of the presiding ALJ.
    Hearing testimony and documentary evidence. OSHA will review each
submission and determine if the information it contains warrants the
amount of time requested. OSHA then will allocate an appropriate amount
of time to each presentation, and will notify the participants of the
time allotted to their presentations. Prior to the hearing, the Agency
will notify participants if the allotted time is less than the
requested time, and will provide the reasons for this action. OSHA may
limit to 10 minutes the presentation of any participant who fails to
comply substantially with these procedural requirements. The Agency
also may request a participant to return for questions at a later time.
    Certification of the record and final determination after the
informal public hearing. Following the close of the hearing and post-
hearing comment period, the ALJ will certify the record to the
Assistant Secretary of Labor for Occupational Safety and Health. This
record will consist of all of the written comments, oral testimony,
documentary evidence, and other material received during the hearing.
Following certification of the record, OSHA will review the proposed
provisions in light of all the evidence received as part of the record,
and then will issue the final determinations based on the entire
record.

Authority and Signature

    This document was prepared under the authority of Thomas M.
Stohler, Acting Assistant Secretary of Labor for Occupational Safety
and Health, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210, pursuant to Sections 6(b) of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 655), Secretary of Labor's
Order 5-2007 (72 FR 31160), and 29 CFR part 1911.

    Signed at Washington, DC, on January 14, 2009.
Thomas M. Stohler,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E9-1128 Filed 1-23-09; 8:45 am]

BILLING CODE 4510-26-P


[Federal Register Volume 77, Number 74 (Tuesday, April 17, 2012)]
[Notices]
[Pages 22841-22842]
[FR Doc No: 2012-9129]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2011-0033]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 of the Code of Federal
Regulations (CFR), this document provides the public notice that by a
document dated April 22, 2011, Columbia Star Dinner Train (CSDT) of
Columbia, MO, has petitioned the Federal Railroad Administration (FRA)
for a waiver of compliance from certain provisions of the Federal
railroad safety regulations contained at 49 CFR part 223. FRA assigned
the petition Docket Number FRA-2011-0033.
    CSDT has petitioned FRA for a permanent waiver of compliance for
two locomotives, CESX 1950 and CESX 1951, from a portion of the
railroad safety glazing standards, 49 CFR Section 223.11(b), which
require FRA Type II material in all side-facing windows of the
locomotive cab. CSDT states that both locomotives are currently
equipped with fully compliant FRA Type I front-facing glazing per 49
CFR 223.11(a), and that the locomotives do not have rear-facing
glazing. CSDT further states that these Electro-Motive Division F-7
locomotives, manufactured in 1950 (CESX 1950) and 1953 (CESX 1951), are
of such design that impedes installation of thicker FRA Type II glass
without significant modifications in the side and wing windows. As an
alternative, the side-facing windows currently consist of safety type
glass that is in good condition, clear and unscratched. Additionally,
CSDT operates on approximately 18 miles of the Columbia Terminal
Railroad (COLT) trackage, through generally rural countryside, at
speeds between 10 and 15 mph despite the fact that the maximum
authorized speed on this COLT trackage is 25 mph for freight. CSDT
states that there has been no known incident of broken windows as a
result of vandalism on the COLT and, therefore, no worker has been
injured in the past. CSDT is requesting this relief because of the
prohibitive cost involved in retrofitting the two locomotives with
certified glazing. CSDT believes that the retained funds can best be
used for other maintenance projects on their railroad.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at http://www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by June 1, 2012 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the

comment (or signing the comment, if submitted on behalf of an
association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78), or online at
http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on April 11, 2012.
Ron Hynes,
Acting Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2012-9129 Filed 4-16-12; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: May 12, 2010 (Volume 75, Number 91)]
[Rules and Regulations]
[Page 26647-26648]
[DOCID:fr12my10-5]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 524

[Docket No. FDA-2010-N-0002]

Ophthalmic and Topical Dosage Form New Animal Drugs; Ivermectin
Topical Solution

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Final rule, technical amendment.

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

SUMMARY:  The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect approval of an abbreviated new animal drug
application (ANADA) filed by First Priority, Inc. The supplemental
ANADA adds claims for persistent effectiveness against various species
of external and internal parasites when cattle are treated with a
topical solution of ivermectin.

DATES:  This rule is effective May 12, 2010.

FOR FURTHER INFORMATION CONTACT:  John K. Harshman, Center for
Veterinary Medicine (HFV-170), Food and Drug Administration, 7500
Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: First Priority, Inc., 1590 Todd Farm Dr.,
Elgin, IL 60123, filed a supplement to ANADA 200-340 for PRIVERMECTIN
(ivermectin), a topical solution used on cattle to control infestations
of certain species of external and internal parasites. The supplemental
ANADA

adds claims for persistent effectiveness against various species of
external and internal parasites that were approved for the pioneer
product with 3 years of marketing exclusivity (69 FR 501, January 6,
2004). The supplemental ANADA is approved as of March 26, 2010, and 21
CFR 524.1193 is amended to reflect the approval.
    In addition, FDA has noticed the regulations do not accurately
reflect approved indications for generic products. At this time, the
regulations are being revised to reflect which generic products have
approved labeling for the durations of persistent effectiveness
approved for the pioneer product. FDA is also adding a parasite species
that was inadvertently omitted in the previously cited January 6, 2004,
final rule. These actions are being taken to improve the accuracy of
the regulations.
    In accordance with the freedom of information provisions of 21 CFR
part 20 and 21 CFR 514.11(e)(2)(ii), a summary of safety and
effectiveness data and information submitted to support approval of
this application may be seen in the Division of Dockets Management
(HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday.
    The agency has determined under 21 CFR 25.33 that this action is of
a type that does not individually or cumulatively have a significant
effect on the human environment. Therefore, neither an environmental
assessment nor an environmental impact statement is required.
    This rule does not meet the definition of ``rule'' in 5 U.S.C.
804(3)(A) because it is a rule of ``particular applicability.''
Therefore, it is not subject to the congressional review requirements
in 5 U.S.C. 801-808.

List of Subjects in 21 CFR Part 524

    Animal drugs.

0
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR part 524 is
amended as follows:

PART 524--OPHTHALMIC AND TOPICAL DOSAGE FORM NEW ANIMAL DRUGS

0
1. The authority citation for 21 CFR part 524 continues to read as
follows:

    Authority: 21 U.S.C. 360b.

0
2. In Sec.  524.1193, revise paragraphs (b) and (e)(2) to read as
follows:

Sec.  524.1193  Ivermectin topical solution.

* * * * *
    (b) Sponsors. See sponsors in Sec.  510.600(c) of this chapter for
use as in paragraph (e) of this section.
    (1) Nos. 050604, 055529, 058829 for use as in paragraphs (e)(1),
(e)(2)(i), (e)(2)(iii), and (e)(3) of this section.
    (2) Nos. 054925, 059130, 061623, and 066916 for use as in
paragraphs (e)(1), (e)(2)(i), (e)(2)(ii), and (e)(3) of this section.
* * * * *
    (e) * * *
    (2) Indications for use--(i) It is used for the treatment and
control of: Gastrointestinal roundworms (adults and fourth-stage
larvae) Ostertagia ostertagi (including inhibited stage), Haemonchus
placei, Trichostrongylus axei, T. colubriformis, Cooperia oncophora, C.
punctata, C. surnabada, Oesophagostomum radiatum; (adults)
Strongyloides papillosus, Trichuris spp.; lungworms (adults and fourth-
stage larvae) Dictyocaulus viviparus; cattle grubs (parasitic stages)
Hypoderma bovis, H. lineatum; mites Sarcoptes scabiei var. bovis; lice
Linognathus vituli, Haematopinus eurysternus, Damalinia bovis,
Solenoptes capillatus; and horn flies Haematobia irritans.
    (ii) It controls infections and prevents reinfection with O.
ostertagi, O. radiatum, H. placei, T. axei, C. punctata, and C.
oncophora for 14 days after treatment.
    (iii) It controls infections and prevents reinfection with O.
radiatum and D. viviparus for 28 days after treatment, C. punctata and
T. axei for 21 days after treatment, O. ostertagi, H. placei, C.
oncophora, and C. surnabada for 14 days after treatment, and D. bovis
for 56 days after treatment.
* * * * *

    Dated: May 6, 2010.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. 2010-11244 Filed 5-11-10; 8:45 am]
BILLING CODE 4160-01-S


[Federal Register: July 27, 2010 (Volume 75, Number 143)]
[Notices]
[Page 43959-43960]
[DOCID:fr27jy10-68]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Project No. 11563-057]

 Northern California Power Agency; Notice of Application for
Amendment of License and Soliciting Comments, Motions To Intervene, and
Protests

July 19, 2010.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Request for temporary license amendment.
    b. Project No.: 11563-057.
    c. Date Filed: May 26, 2010, and supplemented on July 12, 2010.
    d. Applicant: Northern California Power Agency.
    e. Name of Project: Upper Utica Project.
    f. Location of Project: On Silver Creek and the North Fork
Stanislaus River, in Tuolumne and Alpine Counties, California.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. Randy Bowersox, Manager, Hydroelectric
Operations, Northern California Power Agency, 477 Bret Harte Drive,
Murphys, CA 95247;<PHONE_NUMBER>.
    i. FERC Contact: Mr. John Aedo,<PHONE_NUMBER><EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and protest:
August 20, 2010.
    All documents (original and eight copies) should be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site at http://www.ferc.gov
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency. A copy of any motion to
intervene must also be served upon each representative of the Applicant
specified in the particular application.
    k. Description of Request: The Northern California Power Agency
(licensee) is requesting approval for a temporary deviation from
minimum surface elevation and minimum water volume limits at Lake
Alpine. Article 403 of the project license requires that the licensee
maintain Lake Alpine at full pool (elevation 7,302 feet) from June 1 to
November 1st or October 15th if early drawdown occurs, to meet minimum
flow releases to Silver Creek, downstream of the lake. Article 403 also
requires that the licensee maintain a minimum water volume of 2,500
acre feet at Lake Alpine from November 1st or October 15th to June 1st
for the protection of overwintering brook and rainbow trout. The
licensee requests that it be allowed to partially drawdown Lake Alpine
to facilitate repairs to the low level outlet works at the project. The
licensee states that the absolute minimum surface pool elevation could

reach 7272.6 feet, and would remain partially drawn down throughout the
winter, until the reservoir completely refills by June 1, 2011.
    l. Locations of the Application: The filing is available for
inspection and reproduction at the Commission's Public Reference Room,
located at 888 First Street, NE., Room 2A, Washington, DC 20426, or by
calling<PHONE_NUMBER>. This filing may also be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number (P-11563-057) in the docket number field
to access the document. You may also register online at http://
www.ferc.gov/docs-filing/esubscription.asp to be notified via e-mail of
new filings and issuances related to this or other pending projects.
For assistance, call 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', OR
``MOTION TO INTERVENE'', as applicable, and the Project Number of the
particular application to which the filing refers.
    p. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.
    q. Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site at http://www.ferc.gov
under the ``e-Filing'' link.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-18275 Filed 7-26-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Rules and Regulations]
[Pages 9665-9666]
[FR Doc No: 2011-3872]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 302

[EPA-HQ-SFUND-2010-1068; FRL-9268-8]

Designation, Reportable Quantities, and Notification;
Notification Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendment.

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

SUMMARY: EPA is issuing a technical amendment to correct telephone and
facsimile numbers used to immediately notify the National Response
Center. EPA issued a final rule in the Federal Register on April 4,
1985, that provided telephone numbers for any person in charge of a
vessel or an offshore or an onshore facility to use as soon as he or
she has knowledge of any release (other than a federally permitted
release or application of a pesticide) for the immediate notification
to the National Response Center when there is a release of a hazardous
substance from a vessel or facility in a quantity equal to or exceeding
the reportable quantity in any 24-hour period. On July 9, 2002, EPA
issued another final rule in the Federal Register that provided an
additional telephone number, a facsimile number, and a telex number for
the National Response Center. Recently, changes were made to these
numbers by the National Response Center that is operated by the U.S.
Coast Guard. This document is being issued to delete one of the
telephone numbers, the facsimile number, and the telex number, and to
provide a new facsimile number.

DATES: This final rule is effective on February 22, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-SFUND-2010-1068. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through
http://www.regulations.gov or in hard copy at the Superfund Docket,
EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington,
DC. 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 is<PHONE_NUMBER>, and the telephone number for the
Superfund Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Lynn Beasley, Regulation and Policy
Development Division, Office of Emergency Management (5104A),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 564-2625; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

------------------------------------------------------------------------
             Type of entity               Examples of affected entities
------------------------------------------------------------------------
Federal Agencies.......................  National Response Center and
                                          any Federal agency that may
                                          release or respond to releases
                                          of hazardous substances.
State and Local Governments............  State Emergency Response
                                          Commissions, and Local
                                          Emergency Planning Committees.
Responsible Parties....................  Those entities responsible for
                                          the release of a hazardous
                                          substance from a vessel or
                                          facility.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware
could potentially be regulated by this action. Other types of entities
not listed in the table could also be regulated. If you have questions
regarding the applicability of this action to a particular entity,
consult the person listed in the preceding FOR FURTHER INFORMATION
CONTACT section.

B. How can I get copies of this document and other related information?

    The current information is as follows:
     Docket ID No. EPA-HQ-SFUND-2010-1068.
     Federal eRulemaking Portal: http://www.regulations.gov.

II. What does this correction do?

    This technical amendment is a correction that is being issued to
delete one of the telephone numbers, the facsimile number, and the
telex number, and to provide a new facsimile number for the person in
charge of a vessel or an offshore or an onshore facility to use to
contact the National Response Center (NRC). The NRC is operated by the
U.S. Coast Guard.
    On April 4, 1985, (50 FR 13456) EPA issued a final rule in the
Federal Register that provided telephone numbers for any person in
charge of a vessel or an offshore or an onshore facility to use as soon
as he or she has knowledge of any release (other than a federally
permitted release or application of a pesticide) for the immediate
notification to the NRC when there is a release of a hazardous
substance from a vessel or facility in a quantity equal to or exceeding
the reportable quantity in any 24-hour period (see 40 CFR 302.6(a)). On
July 9, 2002, EPA issued another final rule in the Federal Register
that provided an additional telephone number, a facsimile number, and a
telex number for the NRC. Recently, changes were made to these numbers.

III. Why is this correction issued as a final rule?

    Section 553 of the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(B), provides that, when an Agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the agency may issue a final rule without
providing notice and an opportunity for public comment. EPA has
determined that there is good cause for making this technical amendment
final without prior proposal and opportunity for comment, because EPA
is merely correcting information that has become out of date since the
previously published final rule. The contact information for the NRC
listed in 40 CFR 302.6 is no longer correct. Because the NRC receives
notifications of hazardous substance release information, it is
important that the public has the correct information to make such
notifications. EPA finds that this constitutes good cause under 5
U.S.C. 553(b)(B).

IV. Do any of the statutory and Executive Order reviews apply to this
action?

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and is therefore not
subject to OMB review. Because this action is not subject to notice and
comment requirements under the Administrative Procedures Act or any
other statute, it is not subject to the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) or Sections 202 and 205 of the Unfunded Mandates
Reform Act of 1999 (UMRA) (Pub. L. 104-4). In addition, this action
does not significantly or uniquely affect small governments. This
action does not create new binding legal requirements that
substantially and directly affect Tribes under Executive Order 13175
(63 FR 67249, November 9, 2000). This action does not have significant
Federalism implications under Executive Order 13132 (64 FR 43255,
August 10, 1999). Because this final rule has been exempted from review
under Executive Order 12866, this final rule 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 final rule 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). This action does not
involve technical standards; thus, the requirements of Section 12(d) of
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note) do not apply.

A. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. Section 808 allows the issuing agency to make a rule
effective sooner than otherwise provided by the CRA if the agency makes
a good cause finding that notice and public procedure is impracticable,
unnecessary or contrary to the public interest. This determination must
be supported by a brief statement. 5 U.S.C. 808(2). As stated
previously, EPA has made such a good cause finding, including the
reasons therefore, and established an effective date of February 22,
2011. 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 302

    Environmental protection, Air pollution control, Chemicals,
Hazardous substances, Hazardous waste, Intergovernmental relations,
Natural resources, Reporting and recordkeeping requirements, Superfund,
Water pollution control, Water supply.

    Dated: February 11, 2011.
Barry Breen,
Acting Assistant Administrator, Office of Solid Waste and Emergency
Response.

    For the reasons set out above, title 40, chapter I of the Code of
Federal Regulations is amended as follows:

PART 302--DESIGNATION, REPORTABLE QUANTITIES, AND NOTIFICATION

0
1. The authority citation for part 302 continues to read as follows:

    Authority: 42 U.S.C. 9602, 9603, and 9604; 33 U.S.C. 1321 and
1361.

0
2. Section 302.6 is amended by revising paragraph (a) to read as
follows:

Sec.  302.6  Notification requirements.

    (a) Any person in charge of a vessel or an offshore or an onshore
facility shall, as soon as he or she has knowledge of any release
(other than a federally permitted release or application of a
pesticide) of a hazardous substance from such vessel or facility in a
quantity equal to or exceeding the reportable quantity determined by
this part in any 24-hour period, immediately notify the National
Response Center (1-800-424-8802; in Washington, DC<PHONE_NUMBER>; the
facsimile number is<PHONE_NUMBER>).
* * * * *
[FR Doc. 2011-3872 Filed 2-18-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 34 (Friday, February 20, 2015)]
[Notices]
[Pages 9310-9311]
[FR Doc No: 2015-02983]

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DEPARTMENT OF TRANSPORTATION

 Pipeline and Hazardous Materials Safety Administration

Notice of Application for Modification of Special Permit

AGENCY: Office of Hazardous Materials Safety, Pipeline and Hazardous
Materials Safety Administration, PHMSA, DOT.

ACTION: List of application for modification of special permits.

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

SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations (49 CFR part 107,
Subpart B), notice is hereby given that the Office of Hazardous
Materials Safety has received the applications described herein. This
notice is abbreviated to expedite docketing and public notice. Because
the sections affected, modes of transportation, and the nature of
application have been shown in earlier Federal Register publications,
they are not repeated here. Requests for modification of special
permits (e.g. to provide for additional hazardous materials, packaging
design changes, additional mode of transportation, etc.) are described
in footnotes to the application number. Application numbers with the
suffix ``M'' denote a modification request. These applications have
been separated from the new application for special permits to
facilitate processing.

DATES: Comments must be received on or before March 9, 2015.

ADDRESSES: Send comments to: Record Center, Pipeline and Hazardous
Materials Safety Administration, U.S. Department of Transportation,
Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Copies of the applications are
available for inspection in the Records Center, East Building, PHH-30,
1200 New Jersey Avenue SE., Washington, DC or at http://regulations.gov.
    This notice of receipt of applications for modification of special
permit is published in accordance with Part 107 of the Federal
Hazardous Materials Transportation Law (49 U.S.C. 5117(b); 49 CFR
1.53(b)).

    Issued in Washington, DC, on February 4, 2015.
Donald Burger,
Chief, General Approvals and Permits.

----------------------------------------------------------------------------------------------------------------
                            Docket                                                    Nature of special permits
     Application No.         No.            Applicant        Regulation(s) affected            thereof
----------------------------------------------------------------------------------------------------------------
                                          MODIFICATION SPECIAL PERMITS
----------------------------------------------------------------------------------------------------------------
10180-M.................  .........  Fireboy-Xintex, Inc.,   49 CFR 173.304(a)(2);   To modify the special
                                      Grand Rapids, MI.       173.34(d).              permit to authorize fire
                                                                                extinguisher designs.
14146-M.................  .........  Brunswick Corporation,  49 CFR 173.220(e).....  To modify the special
                                      Lake Forest, IL.                                permit to allow a maximum
                                                                                of 120ml flammable liquid
                                                                                fuel in the engine and;
                                                                                exemption from the IMDG
                                                                                Code, Special Provision
                                                                                961.

14152-M.................  .........  SAES Pure Gas, Inc.,    49 CFR 173.187........  To modify the special
                                      San Luis Obispo, CA.                            permit to authorize
                                                                                additional outer packaging
                                                                                and shielding gages.
15885-M.................  .........  PHI, Inc., Lafayette,   49 CFR 172.101 Table    To modify the special
                                      LA.                     Column (9A).            permit to authorize
                                                                                additional hazardous
                                                                                materials.
16279-M.................  .........  Veolia ES Technical     49 CFR 173.196(a) and   To modify the and (b)
                                      Solutions, L.L.C.,      (b)..                   special permit originally
                                      Flanders, NJ.                                   issued on an emergency
                                                                                basis to authorize an
                                                                                additional two years.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-02983 Filed 2-19-15; 8:45 am]
BILLING CODE 4909-60-P


The alternate approach analyzed was the fixed ratio method. In this
approach, the Regional administrative costs for each type of
accreditation or certification (e.g., supervisor training program
accreditation, firm certification) would be multiplied by a fixed ratio
to determine the portion of other costs each applicant would pay.

 See Economic Analysis of the Final TSCA Section 402(a)(3) Lead-Based
Paint Accreditation and Certification Fee Rule, February, 26, 1999, page
ES-7.

 See Economic Analysis of the Final TSCA Section 402(a)(3) Lead-Based
Paint Accreditation and Certification Fee Rule, February, 26, 1999, page
ES-7.

 Note that given the minimal percentage of tribal entities that will
likely seek accreditation and certification, EPA has not estimated the
shortfall of revenues from tribes that would need to be captured by
other applicants to cover the costs of the Abatement rule.

 Total costs for each applicant type reflect the contract costs plus the
maintenance cost ($180,000) weighted by the number of applications.

 Note that given the minimal percentage of tribal entities that will
likely seek accreditation and certification, EPA has not estimated the
shortfall of revenues from tribes that would need to be captured by
other applicants to cover the costs of the LRRP rule.

 Economic Analysis of the Final TSCA Section 402(a)(3) Lead-Based Paint
Accreditation and Certification Fee Rule. U.S. EPA, 1999.

 The tribes are charged a nominal fee of $20 per firm and $10 per
individual certification, therefore tribes will incur even greater
savings.

 Economic Analysis of the Lead, Renovation, Repair and Painting Rule,
U.S EPA, 2008.

 For private schools, where adequate revenue data were not available,
costs are compared to annual expenditures.

 In the case of Training Providers, accreditation is for 4 years, not 5.
 This adjustment will be made in the next version.  It will increase the
impact ratio for those Training Providers who are in business for more
than three years, but it will not change the high end of the impact
ratio – those training providers that need to pay the full cost out of
one-years’ revenues.

 Chapter 8, Economic Analysis of the Lead, Renovation, Repair and
Painting Rule, U.S EPA, 2008.

 Chapter 8, Economic Analysis of the Lead, Renovation, Repair and
Painting Rule, U.S EPA, 2008.

 Third year estimates were appropriate because although the LRRP rule
does not become effective until 2010, the LRRP rule analysis period
began in 2008.

 Of the estimated 179,820 small general and specialty contractors,
property owners and managers and training providers, approximately
52,000 have annual revenues of less than $25,000.  See Appendix E for
details.

 The tribes are charged a nominal fee of $20 per firm and $10 per
individual certification, therefore the cost-revenue impact for tribes
will incur even greater savings.

 Foundations for Future Growth in the Remodeling Industry, 2007, Joint
Center for Housing Studies of Harvard University, Appendix A-8, page 34.

20 June 2008 Lead Fees Economic Analysis

20 June 2008 Lead Fees Economic Analysis

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20 June 2008 Lead Fees Economic Analysis

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  [(A1*(1-rn))/(1-r)]

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