[Federal Register: March 3, 2010 (Volume 75, Number 41)]
[Notices]
[Page 9593-9596]
[DOCID:fr03mr10-43]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8812-7]

Agency Information Collection Activities; Proposed Renewal of
Several Currently Approved Collections; Comment Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit requests to renew several currently approved Information
Collection Request (ICR) to the Office of Management and Budget (OMB).
The ICRs are specifically identified in this document by their
corresponding titles, EPA ICR numbers, OMB Control numbers, and related
docket identification (ID) numbers. Before submitting these ICRs to OMB
for review and approval, EPA is soliciting comments on specific aspects
of the information collection activities.

DATES: Comments must be received on or before May 3, 2010.

ADDRESSES: Submit your comments, identified by the docket ID number for
the corresponding ICR as identified in this document, by one of the
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to the docket ID number for the
corresponding ICR as identified in this document. EPA's policy is that
all comments received will be included in the docket without change and
may be made available on-line at http://www.regulations.gov, including
any personal information provided, unless the comment includes
information claimed to be Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute. Do not
submit information that you consider to be CBI or otherwise protected
through regulations.gov or e-mail. The regulations.gov website is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the docket and made available on the Internet. If you submit
an electronic comment, EPA recommends that you include your name and
other contact information in the body of your comment and with any disk
or CD-ROM you submit. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
    Docket: All documents in the docket are listed in the docket index
available in http://www.regulations.gov. 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 in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Lily Negash, Field and External
Affairs Division (7506P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; fax number:

(703) 305-5884; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What Information is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of PRA, EPA specifically solicits
comments and information to enable it to:
    1. Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility.
    2. Evaluate the accuracy of the Agency's estimates of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to
be collected.
    4. Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

II. What Should I Consider when I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the collection activity.
     7. Make sure to submit your comments by the deadline identified
under DATES.
    8. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

III. What Do I Need to Know About PRA?

    An Agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information subject to PRA approval
unless it displays a currently valid OMB control number. The OMB
control numbers for EPA's regulations in title 40 of the Code of
Federal Regulations (CFR), after appearing in the preamble of the final
rule, are further displayed either by publication in the Federal
Register or by other appropriate means, such as on the related
collection instruments or form, if applicable. The display of OMB
control numbers for certain EPA regulations is consolidated in a list
at 40 CFR 9.1.
    Under PRA, burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.

IV. Which ICRs Are Being Renewed?

    EPA is planning to submit a number of currently approved ICRs to
OMB for review and approval under PRA. In addition to specifically
identifying the ICRs by title and corresponding ICR, OMB and docket ID
numbers, this unit provides a brief summary of the information
collection activity and the Agency's estimated burden. The Supporting
Statement for each ICR, a copy of which is available in the
corresponding docket, provides a more detailed explanation.

A. Docket ID Number EPA-HQ-OPP-2009-0883

    Title: Application for Experimental Use Permit (EUP) to Ship and
Use a Pesticide for Experimental Purposes Only.
    ICR numbers: EPA ICR No. 0276.14, OMB Control No. 2070-0040.
    ICR status: The approval for this ICR is scheduled to expire on
November 30, 2010.
    Affected entities: Entities potentially affected by this ICR
include individuals or entities engaged in pesticide, fertilizer, and
other agricultural chemical manufacturing (North American Industrial
Classification System (NAICS) code 325300).
    Abstract: This information collection provides EPA with the data
necessary to determine whether to issue an EUP under section 5 of the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as
amended. FIFRA requires that before a pesticide product may be
distributed or sold in the United States it must be registered by EPA.
However, section 5 authorizes EPA to issue EUPs which allow pesticide
companies to temporarily ship pesticide products for experimental use
for the purpose of gathering data necessary to support the application
for registration of a pesticide product. In general, EUPs are issued
either for a pesticide not registered with the Agency or for a
registered pesticide for a use not registered with the Agency.
    Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 10.1
hours per response. The ICR, a copy of which is available in the
docket, provides a detailed explanation of this estimate, which is only
briefly summarized here:
    Estimated total number of potential respondents: 21.
    Frequency of response: As needed.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 212.1 hours.
    Estimated total annual costs: $12,917. This ICR does not involve
any capital investment or maintenance and operational costs.
    Changes in the estimates from the last approval: The renewal of
this ICR will result in an overall decrease of 545.4 hours in the total
estimated respondent burden identified in the currently approved ICR.
This decrease reflects the fewer number of EUPs being submitted to the
Agency. This change is an adjustment.

B. Docket ID Number EPA-HQ-OPP-2009-0884

    Title: Recordkeeping Requirements for Certified Applicators Using
1080 Collars for Livestock Protection.
    ICR numbers: EPA ICR No. 1249.09, OMB Control No. 2070-0074.
    ICR status: The approval for this ICR is scheduled to expire on
November 30, 2010.
    Affected entities: Entities potentially affected by this action are
businesses and other institutions participating in pesticide,
fertilizer, and other agricultural chemical manufacturing

(NAICS code 325300), e.g., pesticide registrants whose products include
1080 collars, government establishments primarily engaged in the
regulation of agricultural marketing and commodities (NAICS code
926140), and states implementing a 1080 collar monitoring program
(NAICS code 99920).
    Abstract: This ICR affects four states (Montana, New Mexico, South
Dakota, and Wyoming) that monitor the program plus one additional
registrant. Applicators who are certified to apply livestock protection
collars are required to keep records of: a) The number of collars
attached on livestock; b) pasture(s) where collared livestock were
placed; c) the dates of each attachment, inspection, and removal; d)
the number and locations of livestock found with ruptured or punctured
collars and the apparent cause of the damage; e) the number, dates, and
approximate location of all collars lost; and f) the species,
locations, and dates of all suspected poisonings of humans, domestic
animals or non-target wild animals resulting from collar use.
    Applicators maintain records, and the registrants/lead agencies do
monitoring studies and submit the reports. These records are monitored
by either the: a) State lead agencies, b) EPA regional offices, or c)
the registrants. EPA receives annual monitoring reports from
registrants or state lead agencies.
    Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated as follows:
Average of 9 hours per response for registrant respondents, 40 hours
per response for certified applicator respondents, and 77 hours per
response for state agency respondents. The ICR, a copy of which is
available in the docket, provides a detailed explanation of this
estimate, which is only briefly summarized here:
    Estimated total number of potential respondents: 48.
    Frequency of response: Annual.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 1,944 hours.
    Estimated total annual costs: $77,044.
    Changes in the estimates from the last approval: The renewal of
this ICR will result in an overall decrease of 9 hours in the total
estimated respondent burden identified in the currently approved ICR.
This change is due to a correction in the calculation of the total
annual respondent burden hours.

C. Docket ID Number EPA-HQ-OPP-2009-0887

    Title: Compliance Requirement for Child-Resistant Packaging.
    ICR numbers: EPA ICR No. 0616.10, OMB Control No. 2070-0052.
    ICR status: The approval for this ICR is scheduled to expire on
November 30, 2010.
    Affected entities: Entities potentially affected by this ICR
include large and small entities engaged in manufacturing pesticide
chemicals, wholesale merchandising of pesticide products, or pest
management activities. The NAICS codes for respondents under this ICR
include: Pesticide and other agricultural chemical manufacturing (NAICS
code 325320), other chemical and allied products merchant wholesalers
(NAICS code 424690), and exterminating and pest control services (NAICS
code 561710).
    Abstract: This information collection program is designed to
provide EPA with assurances that the packaging of pesticide products
sold and distributed to the general public in the United States meets
standards set forth by the Agency pursuant to FIFRA. Registrants must
certify to the Agency that the packaging or device meets these
standards. Section 25(c)(3) of FIFRA authorizes EPA to establish
standards for packaging of pesticide products and pesticidal devices to
protect children and adults from serious illness or injury resulting
from accidental ingestion or contact. The law requires that these
standards are designed to be consistent with those under the Poison
Prevention Packaging Act, administered by the Consumer Product Safety
Commission (CPSC). Unless a pesticide product qualifies for an
exemption, if the product meets certain criteria regarding toxicity and
use, it must be sold and distributed in child-resistant packaging.
Compliance regulations are contained in 40 CFR part 157. There are no
forms associated with this information collection activity, and
submission of confidential information is not required as a part of
this information collection.
    Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 4.04
hours per response. The ICR, a copy of which is available in the
docket, provides a detailed explanation of this estimate, which is only
briefly summarized here:
    Estimated total number of potential respondents: 1,733.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent:
One per certification of compliance.
    Estimated total annual burden hours: 4,524 hours.
    Estimated total annual costs: $240,660.
    Changes in the estimates from the last approval: The renewal of
this ICR will result in an overall increase of 1,051 hours in the total
estimated respondent burden identified in the currently approved ICR.
This increase reflects EPA's expectation of an increase in the number
of responses driven by an influx of child-resistant packaging (CRP)
submissions associated with the full implementation of the registration
review program. In addition, the exclusive use period for certain
pesticide chemicals is expiring. Registrants with products using these
chemicals will now be required to provide their own CRP test data,
which will have to be reviewed for human safety/health risk concerns.
The total burden hours per response for compliance with the CRP
requirements decreased from 4.94 hours to 4.04 hours. The average
burden estimate for each response type has not changed. However, the
distribution of responses has changed, resulting in a net shift from
more burdensome to less burdensome type responses. This change is an
adjustment.

D. Docket ID Number EPA-HQ-OPP-2010-0049

    Title: Pesticide Product Registration Maintenance Fee.
    ICR numbers: EPA ICR No. 1214.08, OMB Control No. 2070-0100.
    ICR status: The approval for this ICR is scheduled to expire on
November 30, 2010.
    Affected entities: Entities potentially affected by this ICR
include pesticide companies and state governments. The NAICS codes for
respondents under this ICR include: Pesticide and other agricultural
chemical manufacturing (NAICS code 325320) and regulation of
agricultural marketing and commodities (NAICS code 9641).
    Abstract: This information collection provides a practical means of
communication between the registrants and EPA's Office of Pesticide
Programs (OPP) to collect registration maintenance fees from pesticide
registrants as required by law. Respondents complete and submit EPA
Form 8570-30 indicating the respondent's liability for the registration
maintenance fee.
    The first registration maintenance fee filing form was sent to
approximately 5,000 pesticide registrant firms in 1989. Since then, the
number of respondents has slowly declined from approximately 2,800
firms in 1990 to 2,500 in 1991, 2,350 in 1992, 2,250 in 1993, and 2,200
in 1994. Since 1994, the number of registrants to which these forms are
sent has declined steadily to a total of 1,720

in January 2009. Each affected firm is required to complete the filing
for and submit their fee payment by January 15 of each year.
    Annually, the Agency provides registrants a list of the registered
products currently registered with the Agency. Registrants are provided
the opportunity to review the list, determine its accuracy, and remit
payment of the maintenance fee. The list of products has space
identified for marking those products to be supported and those
products that are to be canceled. The registrants are also instructed
to identify any products on the list which they believe to be
transferred to another company, and to add to the list any products
which the company believes to be registered that are not on the Agency-
provided list. The failure to pay the required fee for a product will
result in cancellation of that product's registration.
    Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 0.96
hours per response. The ICR, a copy of which is available in the
docket, provides a detailed explanation of this estimate, which is only
briefly summarized here:
    Estimated total number of potential respondents: 1,720.
    Frequency of response: Annual.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 1,645 hours.
    Estimated total annual costs: $129,088.
    Changes in the estimates from the last approval: The renewal of
this ICR will result in an overall increase of $3,288 in the total
estimated respondent cost identified in the currently approved ICR.
This change of increase in cost is merely because of the labor cost
increase since the last renewal.

V. What is the Next Step in the Process for these ICRs?

    EPA will consider the comments received and amend the individual
ICRs as appropriate. The final ICR packages will then be submitted to
OMB for review and approval pursuant to 5 CFR 1320.12. EPA will issue
another Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to
announce the submission of these ICRs to OMB and the opportunity for
the public to submit additional comments for OMB consideration. If you
have any questions about any of these ICRs or the approval process in
general, please contact the person listed under FOR FURTHER INFORMATION
CONTACT.

List of Subjects

    Environmental protection, Reporting and recordkeeping requirements.

    Dated: February 23, 2010.
Stephen A. Owens,
Assistant Administrator, Office of Prevention, Pesticides and Toxic
Substances.

[FR Doc. 2010-4321 Filed 3-2-10; 8:45 am]
BILLING CODE 6560-50-S


EPA REGISTRATION DIVISION COMPANY NOTICE OF FILING FOR PESTICIDE PETITIONS PUBLISHED IN THE FEDERAL REGISTER
EPA Registration Division contact: Sidney Jackson<PHONE_NUMBER>
Syngenta Crop Protection, Inc. on behalf of IR-4
PP# 0E7818
EPA has received a pesticide petition (PP# 0E7818) from the Interregional Research Project No. 4 (IR-4), 500 College Road East, Suite 201W, Princeton, NJ 08540 proposing, pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180 by amending the tolerances in 40 CFR part 180.561 by combining the tables for sections (a)(1) and (a)(2) into one table under section (a)(1), and by removing section (a)(2). The petition further proposes to revise the tolerance expression under section (a)(1) to read as follows:  "Tolerances are established for residues of acibenzolar-S-methyl, benzo(1,2,3)thiadiazole-7-carbothioic acid-S-methyl ester, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels specified below is to be determined by measuring only those acibenzolar-S-methyl residues convertible to benzo(1,2,3)thiadiazole-7-carboxylic acid (CGA-210007), expressed as the stoichiometric equivalent of acibenzolar-S-methyl, in or on the commodity."  Finally, the petition proposes to establish a tolerance for residues of acibenzolar S-methyl in or on the raw agricultural commodity Low growing Berry Subgroup 13-07G at 0.15 parts per million (ppm). EPA has determined that the petition contains data or information regarding the elements set forth in section 180.561 of FDDCA; however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data support granting of the petition. Additional data may be needed before EPA rules on the petition.
A. Residue Chemistry
1. Plant metabolism. Syngenta believes the metabolism of acibenzolar S-methyl has been well characterized.  Only 4.6% and 14.9% of the total radioactive residue (TRR) was non-extractable in lettuce at the recommended application rate and three times the recommended application rate, respectively.  Non-extractables were also low in a tomato metabolism study, 3.4% and 7.4% in tomatoes and foliage, respectively.  The metabolism in these crops proceeded via hydrolysis of benzo [1,2,3] thiadiazole-7-carbothioic acid S-methyl ester to benzo [1,2,3] thiadiazole-7-carboxylic acid (BTCA), followed by conjugation as ester, glycoside and/or other plant constituents.  The metabolism profile supports the use of an analytical enforcement method that accounts for acibenzolar S-methyl and metabolites containing the benzo [1,2,3] thiadiazole-7-carboxylic acid (BTCA) moiety.

 Analytical method.
Syngenta Analytical Method AG-671A is a practical and valid method for the determination and confirmation of acibenzolar S-methyl (CGA245704) in raw agricultural commodities (RAC) and processing substrates from the tobacco, leafy (including brassica) and fruiting vegetable crop groups at a limit of quantitation (LOQ) of 0.02 ppm.  Based on recoveries of dry bulb onion samples fortified at the lower limit of method validation, the limit of detection (LOD) and limit of quantitation (LOQ) were calculated as 0.013 and 0.040 ppm, respectively.  The method involves extraction, solid phase cleanup of samples with analysis by high performance liquid chromatography (HPLC) with ultraviolet (UV) detection or confirmatory LC/MS.  The validity is demonstrated by the acceptable accuracy and precision obtained on numerous procedural recovery samples (radiovalidation and field trial sample sets), and by the extractability and accountability obtained by the analysis of weathered radioactive substrates using Analytical Method AG-671A.
 Magnitude of residues.

Strawberries:
Ten residue field trials were conducted in States of NY, WI, NC, FL, CA, and OR, as well as the Province of Quebec and Ontario, Canada.  A total of approximately 0.187 lb ai/A was applied in eight foliar applications of Actigard 50WG at a rate of approximately 0.0234 lb ai/A each.  An additional application was made in one trial, for a total of approximately 0.214 lb ai/A.  Mature strawberries were collected following the final application, after the test substance dried on the fruit and foliage.  Additional decline samples were collected at 3, 7, 10 and 14 days in one trial.

The maximum residues were 0.087 ppm at a 0-day PHI. Residues declined over time from a maximum of 0.064 ppm at 0 days to < 0.020 ppm by 10 days. Data from this study may be used to support a tolerance proposal for acibenzolar on strawberry (low growing berry subgroup 13-07G).  The establishment of a tolerance would provide growers with a safe and effective fungicide, yet would not expose humans or the environment to unreasonable adverse effects.
B. Toxicological Profile

 Acute toxicity. Acibenzolar S-methyl (CGA245704) has favorable acute toxicity characteristics, resulting in toxicity categories III or IV for oral, dermal and inhalation exposure routes. The acute oral LD50 is greater than 5000 mg/kg and the acute dermal LD50 is greater than 2000 mg/kg.  The acute inhalation LC50 is greater than 5.022 mg/L.  Acibenzolar S-methyl is categorized as slightly irritating to skin and eyes and a potential skin sensitizer.

 Genotoxicty. With the exception of the chromosome aberration study in CHO cells in culture (MRID 44014245), CGA245704 was negative for genotoxicity.  In the chromosome aberration study, there was evidence of a clastogenic response in CHO cells in the absence of S9 activation at 30 and 60 μg/mL at the 18-hour cell harvest time.  Compound precipitation was seen at 60 μg/mL.  Following the prolonged 42-hour cell harvest time, the number of polyploidy cells was increased at 30 and 60 μg/mL (1.8 to 4.3 fold increases, respectively) both with and without S9 activation.  There is also evidence of cell arrest at G2 both with and without S9 activation.  These findings, however, can only be considered to be suggestive evidence of a possible aneuploidy effect since the mouse micronucleus assay up to 4000 mg/kg (MRID 44014244) was negative (US EPA, 1999).  Regarding the mouse micronucleus assay, it is noted that data from the metabolism and pharmacokinetic study (MRID 44014250) indicated that the radioactive parent was found in the blood at 15-30 minutes.  Thus, there is evidence that the test material reached the bone marrow tissue in the mouse micronucleus assay.  Thus, the overall weight of evidence indicates that CGA245704 technical is not mutagenic or clastogenic and does not provoke unscheduled DNA synthesis when tested thoroughly in a battery of standard in vivo and in vitro independent assays, using both eukaryotes and prokaryotes, and with or without metabolic activation.
      3. Reproductive and developmental toxicity. The developmental toxicity characteristics of CGA245704 have been investigated in one guideline rabbit and two rat developmental toxicity studies.  There were no developmental toxicity findings in the rabbit study, and the maternal NOAEL was 50 mg/kg.  In the rat developmental toxicity study (MRID 44014236), EPA determined the maternal toxicity NOAEL to be 200 mg/kg/day and the developmental LOAEL to be 10 mg/kg/day based on umbilical hernias, which was the lowest LOAEL in the developmental toxicity studies.  Therefore, the current acute and chronic Population Adjusted Dose for females 13-50 years of age was determined to be 0.0033 mg/kg/day, which takes into account the FQPA 10x (sensitivity to pups) and the 3x (use of LOAEL instead of NOAEL) factors (HIARC; 12/9/1999). However, Syngenta has submitted additional information as part of a previous tolerance petition, which supports the conclusion that the umbilical hernia found at 10 mg/kg is not treatment related and that the additional uncertainty factors may be unwarranted.  Additional evidence was previously provided from additional rat developmental toxicity study (MRID 45089701), mechanistic developmental toxicity tests (MRID Nos. 440014238 and 44014239) and a rat developmental neurotoxicity study (MRID 45713601).  EPA later reviewed the additional support and agreed that the data support the removal of some of the FQPA uncertainty factors.
In a subsequent rat developmental study, the maternal NOAEL was 350 mg/kg, and the developmental NOAEL was considered to be 150 mg/kg based on increased incidence of lumbar rib.  The umbilical hernia finding was not reproduced (MRID 45089701).  Based on the weight of evidence, the maternal NOAEL should be considered to be 50 mg/kg/day based on reduced body weight development and hemorrhagic perineal discharge at 200 mg/kg/day.  With regards to the developmental findings, the umbilical hernia that was observed at 10 mg/kg in the rat developmental toxicity study (MRID 44014236) was not reproduced in the subsequent rat teratogenicity investigations.  Furthermore, this finding did not follow a dose-response correlation in the original study. Therefore, the developmental NOAEL of this study should be considered to be 50mg/kg based on skeletal variations found at 200 mg/kg. Syngenta has reviewed all of the related developmental, reproductive, and pharmacokinetic studies for acibenzolar-S-methyl, and is still of the opinion that, absent the consequences of severe maternal toxicity, acibenzolar-S-methyl is not teratogenic in rat.
 In the rat multigeneration study, acibenzolar S-methyl technical had no effect on rat reproductive parameters including gonadal function, estrus cycles, mating behavior, conception, parturition, lactation, weaning, and sex organ histopathology.  This is demonstrated by the results of the following reproductive and developmental studies:
      i. Prenatal developmental toxicity rats- Maternal NOAEL = 50 mg/kg/day.  LOAEL = 200 mg/kg/day based on reduced body weight development and hemorrhagic perineal discharge.  Developmental NOAEL = 50 mg/kg/day. LOAEL = 200 mg/kg/day based on increased incidence of skeletal variations.  Endpoints different from US EPA assessment, refer to weight of evidence assessment for further discussion of this endpoint
      ii. Prenatal developmental toxicity rabbits - Maternal NOAEL = 50 mg/kg/day. LOAEL = 300 mg/kg/day based on mortality, clinical signs of toxicity, decreased maternal body weight and food consumption.  Developmental NOAEL = 300 mg/kg/day. LOAEL = 600 mg/kg/day based on marginal increase in vertebral anomalies.
      iii. Prenatal developmental toxicity rats - Maternal NOAEL = 350 mg/kg/day. LOAEL >350 mg/kg/day based on no effects.  Developmental NOAEL = 150 mg/kg/day. LOAEL = 350 mg/kg/day based on increased incidence of lumbar rib.
      iv. Reproduction and fertility effects rats - Parental/Systemic NOAEL = 200 ppm (11-31 mg/kg/day). LOAEL = 2000 ppm (105-288 mg/kg/day) based on increased weights and hemosiderosis of the spleen.  Reproductive NOAEL = 4000 ppm (223-604 mg/kg/day). LOAEL is greater than 4000 ppm (223-604 mg/kg/day) based on no effects.
Offspring NOAEL = 200 ppm (11-31 mg/kg/day).  LOAEL = 2000 ppm (105-288 mg/kg/day) based on reduced pup body weight gains and lower pup body weights during lactation.
      v. Developmental Neurotoxicity - Maternal NOAEL = 4000 ppm (326.2  -  607.8 mg/kg/day) based on no adverse effects.  LOAEL = not determined.
Offspring NOAEL = 4000 ppm (326.2  -  607.8 mg/kg/day) based on no adverse effects on developmental neurotoxicity.  LOAEL = not determined.
      vi.	Special Developmental toxicity rats - Maternal and developmental NOAELs and LOAELs could not be identified by this protocol testing at 300 mg/kg/day. The most pronounced maternal and developmental toxicity occurred when dams were treated on GD6-15.
      vii.	Special Developmental toxicity rats - Maternal and developmental NOAELs and LOAELs could not be identified by this protocol testing at 400 mg/kg/day. The most pronounced maternal and developmental toxicity occurred when dams were treated on GD6-7 or GD8-9.
      viii.	Dermal developmental toxicity rats - Maternal and developmental NOAEL > 500 mg/kg/day. LOAEL >500 mg/kg/day based on no effects.
      ix. Range finding 1-generation reproduction rats- Parental/Systemic NOAEL = 209 mg/kg/day.  LOAEL = 410 mg/kg/day based on decreased body weight gain and food consumption in females.   Reproductive NOAEL = 410 mg/kg/day.  LOAEL = 728 mg/kg/day based on total resorptions in all dams.  Offspring NOAEL = 209 mg/kg/day. LOAEL = 410 mg/kg/day based on reduced pup body weight gains and lower pup body weights during lactation.
      4. Subchronic toxicity. No signs of neurotoxicity were noted with CGA245704 in both acute and subchronic studies even at the highest dose levels of 800 mg/kg and 8,000 ppm, respectively. The evaluated parameters included functional observation battery, motor activity measurement and neurohistopathologic assessment.  This is demonstrated by the results of the following studies:
      i. 90-Day oral toxicity rats- NOAEL: Males = 126 mg/kg/day; Females = 131 mg/kg/day. LOAEL: Males = 516 mg/kg/day; Females = 554 mg/kg/day based on decreased mean body weights, decreased food consumption and efficiency, and increased liver and spleen weights with correlates of glycogen and hemosiderosis for the liver and spleen, respectively.
      ii. 90-Day feeding study dogs- NOAEL = 50 mg/kg/day. LOAEL = 250 mg/kg/day based on decreased body weight, decreased haemoglobin-related parameters, hepatic and splenic hemosiderosis.
      iii. 28-Day dermal toxicity rats- NOAEL = 1,000 mg/kg/day; LOAEL = not identified.
      iv. Subchronic Neurotox- Systemic NOAEL = 400 ppm (Males: 24.4 mg/kg/day; Females: 26.0 mg/kg/day). LOAEL = 2000 ppm (Males: 126 mg/kg/day; Females: 143 mg/kg/day) based on decreased body weight gain and food consumption.
      Neurotoxicity NOAEL = 8000 ppm (Males: 575 mg/kg/day; Females: 628 mg/kg/day) based on no effects. LOAEL = not determined.
      v.  28-Day dietary rats, special study- NOAEL = 4000 ppm (Males: 403 mg/kg/day; Females: 376 mg/kg/day). LOAEL = 12,000 ppm (Males: 1070 mg/kg/day; Females: 1000 mg/kg/day) based on decreased mean body weights, decreased liver weights, altered hematology parameters accompanied by increased spleen weights.
      vi.	 28-Day oral gavage rats, special study- NOAEL = 100 mg/kg/day. LOAEL = 800 mg/kg/day based on decreased body weights, and decreased hemoglobin-related parameters accompanied by hemosiderosis of the spleen, increased liver and spleen weights, and decreased thymus weights.
      vii.	 28-Day oral capsule dogs, special study- NOAEL = 50 mg/kg/day. LOAEL = 250 mg/kg/day based on decreased body weight, decreased hemoglobin-related parameters, hepatic and splenic hemosiderosis.
      viii.	 90-Day dietary mice, special study- NOAEL = 200 ppm (Males: 30.6 mg/kg/day; Females: 47.4 mg/kg/day). LOAEL = 1000 ppm (Males: 152 mg/kg/day; Females: 220 mg/kg/day) based on decreased mean body weights and body weight gain in males, increased spleen weights and splenic histopathology in both sexes.
      5. Chronic toxicity. Based on the available toxicity data, Syngenta believes the Reference Dose (RfD) for acibenzolar-S-methyl is 0.11 mg/kg/day. Currently, the chronic cPAD for Females (13-50 years) is 0.0033 mg/kg/day (US EPA, 1999, 2005). No carcinogenic activity was detected in mice and rats at the Maximum Tolerated Dose (MTD). There was no evidence of carcinogenicity in an 18-month feeding study in mice and a 24-month feeding study in rats. Dosage levels in both the mouse and the rat studies were adequate for identifying a cancer risk. Acibenzolar-S-methyl has been classified as a "Not Likely" human carcinogen based on the lack of carcinogenicity in rats and mice (US EPA, 1999, 2005).  This is based on the following studies:
      i.	 Combined Chronic/Carcinogenicity rats- NOAEL = 2500 ppm (Males: 96.9 mg/kg/day; Females: 111 mg/kg/day). LOAEL = 7500 ppm (Males: 312 mg/kg/day; Females: 388 mg/kg/day) based on decreased body weight, body weight gain and food efficiency, mild hemolytic anemia, and increased incidence of alveolar foam cells (females only).
      ii.	Chronic toxicity dogs- NOAEL = 25 mg/kg/day. LOAEL = 200 mg/kg/day based on effects consistent with hemolytic anemia, including hematological effects, hemosiderosis of the liver and spleen, extramedullary hematopoiesis of the spleen, and increased liver weights.
      iii.	Carcinogenicity mice- NOAEL = 100 ppm (Males: 11.1 mg/kg/day; Females: 10.8 mg/kg/day). LOAEL = 2000 ppm (Males: 237 mg/kg/day; Females: 234 mg/kg/day) based on mild hemolytic anemia and hemosiderosis of the liver, spleen, and bone marrow, and extramedullary hematopoiesis of the spleen. No evidence of carcinogenicity.

      6. Animal metabolism. Metabolism proceeded primarily via hydrolysis to form the corresponding carboxylic acid BTCA (CGA210007) which was subsequently conjugated with several amino acids including glycine, lysine and ornithine. Elimination was rapid in all cases. Oxidation of the aromatic ring of the acid was a very minor pathway observed in goats. The metabolic fate of CGA245704 in plants paralleled that observed in animals. The major metabolite in all test systems was the same hydrolysis product BTCA (CGA210007). Thus, the metabolism profile supports the use of an analytical enforcement method that accounts principally for parent and BTCA.
      7. Metabolite toxicology. In short-term toxicity studies in rats, benzo [1,2,3] thiadiazole-7-carboxylic acid (CGA210007) was found to be of , at most, equal or less toxicity than the parent compound.  As with parent CGA245704, the subchronic NOAEL for CGA210007 was 100 mg/kg bwt.
      8. Endocrine disruption. Acibenzolar S-methyl does not belong to a class of chemicals known or suspected of having adverse effects on the endocrine system.  Developmental toxicity studies in rats and rabbits and a reproduction study in rats gave no indication that acibenzolar S-methyl might have any effects on endocrine function related to development and reproduction.  Acibenzolar S-methyl is not a teratogenic hazard except at, or close to, the maximum tolerated dose.  The chronic studies also showed no evidence of a term effect related to the endocrine system.
  C. Aggregate Exposure
      1. Dietary exposure. Tier III acute and Tier I chronic dietary exposure evaluations were performed for acibenzolar-S-methyl using the Dietary Exposure Evaluation Model (DEEM-FCIDTM, version 2.16) from Exponent.  Empirically derived processing factors for tomato paste (5.84X), tomato puree (2.61X), and tomato juice (0.88X) were used in these assessments.  All other processing factors used the DEEMTM version 7.87 defaults.  All consumption data for these assessments were taken from the USDA's Continuing Survey of Food Intake by individuals (CSFII) with the 1994-96 consumption database and the Supplemental CSFII children's survey (1998) consumption database.  These exposure assessments included all current, pending and proposed uses on non-bearing citrus trees (Crop Group 10) and strawberries.  Although the use on non-bearing citrus trees is a non-food use, citrus residues were included in the assessments.  The Tier III acute assessments utilized residue data from field trials where acibenzolar-S-methyl was applied at the maximum intended use rate and samples were harvested at a minimum pre-harvest interval (PHI) to obtain maximum anticipated residues; the Tier II chronic assessments utilized current and proposed tolerance values.  Percent of crop treated values were estimated based upon economic, pest and competitive pressures.
       Food. Acute exposure:  The acute dietary (food only) risk assessment for females 13 to 49 years old (the only population subgroup for which an acute toxicological endpoint has been established) was performed using an acute reference dose (aRfD) of 0.082 mg/kg-bw/day, based upon a developmental toxicity study in the rat with a no observed adverse effect level (NOAEL) of 8.2 mg/kg-bw/day, an uncertainty factor (UF) of 10X for intra-species variations, a 10X UF for inter-species variations, and a 1X FQPA safety factor for adult females 13-49 years.  For the purpose of aggregate risk assessment, the exposure value was expressed in terms of margin of exposure (MOE), which was calculated by dividing the NOAEL by the exposure.  In addition, exposure was expressed as percent acute reference dose (%aRfD).  Acute exposure to the females 13-49 years subpopulation resulted in a MOE of 5,915 or 1.7% of the aRfD (Benchmark MOE = 100; aRfD =0.082 mg/kg-bw/day).  Since the Benchmark MOE for this assessment was 100 and since EPA generally has no concern for exposures below 100% of the aRfD, Syngenta believes that there is a reasonable certainty that no harm will result from acute food exposure to residues arising from all current, pending and proposed uses for acibenzolar-S-methyl.
      Chronic exposure:  The chronic food risk assessment for the general U.S. population (except females 13 to 49 years old) was performed using a chronic reference dose (cRfD) of 0.25 mg/kg-bw/day, based upon a carcinogenicity study in mice with a no observed adverse effect level (NOAEL) of 25 mg/kg/day, an uncertainty factor (UF) of 10X for intra-species variations, a 10X UF for inter-species variations and a 1X FQPA safety factor.  The chronic dietary (food only) risk assessment for females 13 to 49 years old was performed using a cRfD of 0.082 mg/kg-bw/day, based upon a developmental toxicity study in the rat with a no observed adverse effect level (NOAEL) of 8.2 mg/kg-bw/day, an uncertainty factor (UF) of 10X for intra-species variations, a 10X UF for inter-species variations, and a 1X FQPA safety factor for adult females 13-49 years.  For the purpose of aggregate risk assessment, the exposure values were expressed in terms of margin of exposure (MOE), which was calculated by dividing the no observed adverse effect level (NOAEL) by the exposure for each population subgroup.  In addition, exposure was expressed as a percent of the chronic reference dose (% cRfD).  Chronic exposure to the most exposed sub-population (females 13-49 years old) resulted in a MOE of 2,744 or 3.6% of the cRfD (Benchmark MOE = 100; cRfD = 0.082 mg/kg-bw/day).  Since the Benchmark MOE for this assessment was 100 and since EPA generally has no concern for exposures below 100% of the cRfD, Syngenta believes that there is a reasonable certainty that no harm will result from chronic dietary (food) exposure to residues arising from all current, pending and proposed uses for acibenzolar-S-methyl.
       Drinking water. The Estimated Drinking Water Concentrations (EDWCs) of acibenzolar-S-methyl and its degradate, CGA210007, reported as combined total residues (acibenzolar-S-methyl plus CGA210007), were determined for the currently registered uses and the proposed use pattern on non-bearing citrus using Tier l SCI-GROW (version 2.3), which estimates pesticide concentrations in ground water and Tier II PRZM/EXAMS (PE version 5.0) which estimates pesticide concentrations in surface water.  For ground water, the currently registered use on cucurbits provided the highest combined EDWC of 0.0811 ppb (acute and chronic).   For surface water, the currently registered cucurbit use provided the highest combined EDWCs of 16.8114 ppb for acute and 3.1739 ppb for chronic.  The surface water EDWCs have been corrected for a 0.87 PCA factor.   Since the surface water EDWCs exceed the ground water EDWC, the surface water values will be used for risk assessment purposes and considered protective for any ground water concentration concerns.

      Acute Exposure from Drinking Water:  The acute EDWC of 16.8114ppb was incorporated with food residues as "water, direct and indirect, all sources" directly into the DEEM-FCID(TM) software to model the aggregate (food and water) exposures.  The acute drinking water exposure contributions at the 99.9th percentile of exposures were determined by taking the difference between the aggregate (food + drinking water) exposures and the food (only) exposures for females 13-49 years (the only population subgroup for which an acute toxicological endpoint has been established) resulted in a MOE of 6,061 or 1.7% aRfD (Benchmark MOE = 100; aRfD = 0.082 mg/kg-bw/day).  Since the Benchmark MOE for this assessment was 100, and since the EPA generally has no concern for exposures below 100% of the aRfD, Syngenta believes that there is a reasonable certainty that no harm will result from acute drinking water exposure to residues arising from all current, pending and proposed uses of acibenzolar-S-methyl.
      Chronic Exposure from Drinking Water:  The chronic EDWC of 3.1739 ppb was incorporated with food residues as "water, direct and indirect, all sources" directly into the DEEM-FCID(TM) software to obtain chronic dietary exposures from water.  Chronic drinking water exposure to the most sensitive subpopulation was infants (< 1 year old), with a MOE of 113,056 or 0.1% cRfD (Benchmark MOE = 100; cRfD = 0.25 mg/kg-bw/day).  Since the Benchmark MOE for this assessment was 100 and since the EPA generally has no concern for exposures below 100% of the cRfD, Syngenta believes that there is a reasonable certainty that no harm will result from chronic drinking water exposure to residues arising from all current, pending and proposed uses of acibenzolar-S-methyl.
      Cancer.  A chronic cancer exposure analysis was not performed, since acibenzolar-S-methyl has been classified as a "not likely" human carcinogen.
      2. Non-dietary exposure. There are currently no registered residential uses of acibenzolar-S-methyl, so residential exposure assessments were not performed.

 Cumulative Effects
Cumulative Exposure to Substances with a Common Mechanism of Toxicity.  Section 408(b)(2)(D)(v) of FFDCA requires that, when considering whether to establish, modify, or revoke a tolerance, the Agency consider "available information" concerning the cumulative effects of a particular pesticide's residues and "other substances that have a common mechanism of toxicity."  Unlike other pesticides for which EPA has followed a cumulative risk approach based on a common mechanism of toxicity, EPA has not made a common mechanism of toxicity finding as to acibenzolar-S-methyl and any other substances, and acibenzolar-S-methyl does not appear to produce a toxic metabolite produced by other substances.  For the purposes of this tolerance action, the EPA has not assumed that acibenzolar-S-methyl has a common mechanism of toxicity with other substances.

Safety Determination
 US. population. An acute toxicological endpoint has not been established for the U.S. population, so an acute exposure assessment for the general population was not performed.  The chronic aggregate exposure analysis showed that exposure from all current uses and the proposed uses on strawberries and non-bearing citrus (Crop Group 10) resulted in a MOE of 6,768 or 1.5% of the cRfD (Benchmark = 100; cRfD = 0.25 mg/kg-bw/day) for the U.S. population, which exceeds the Benchmark MOE of 100.  A cancer exposure analysis was not performed, since there is no evidence of human carcinogenic potential for acibenzolar-S-methyl.  Short- and intermediate term aggregate assessments were not performed since there are no residential uses for acibenzolar-S-methyl at this time.  Based on the completeness and reliability of the toxicity data supporting these petitions, Syngenta believes that there is a reasonable certainty that no harm to the general US population will result from aggregate exposures from all current, pending and proposed uses of acibenzolar-S-methyl.
 Infants and children. An acute toxicological endpoint has not been established for infants and children, so an acute exposure assessment was not performed for that population subgroup.  The chronic aggregate exposure analysis showed that exposure from all current uses plus the proposed and pending uses on strawberries and non-bearing citrus (Crop Group 10) resulted in a MOE of 3,069 or 3.3% cRfD (Benchmark MOE = 100; cRfD = 0.25 mg/kg-bw/day) for children 1-2 years old, which exceeds the Benchmark MOE of 100.  Short- and intermediate-term aggregate assessments were not performed since there are no residential uses for acibenzolar-S-methyl at this time.  Based on the completeness and reliability of the toxicity data supporting these petitions, Syngenta believes that there is a reasonable certainty that no harm will result to infants and children from aggregate exposures from all current, pending and proposed uses of acibenzolar-S-methyl.
 Females 13-49 years of age.  The acute aggregate exposure analysis showed that exposure from all current uses plus the proposed and pending uses on strawberries and non-bearing citrus (Crop Group 10) resulted in a MOE of 2,993 or 3.3% aRfD (Benchmark MOE =100; aRfD = 0.082 mg/kg-bw/day) for females 13-49 years old, which exceeds the Benchmark MOE of 100.  The chronic aggregate exposure analysis showed that exposure from all current uses plus the proposed and pending uses on strawberries and non-bearing citrus (Crop Group 10) resulted in a MOE of 2,688 or 3.7% cRfD (Benchmark MOE = 100; cRfD = 0.082 mg/kg-bw/day) for females 13-49 years old, which exceeds the Benchmark MOE of 100.  Short- and intermediate term aggregate assessments were not performed since there are no residential uses for acibenzolar-S-methyl at this time.  Based on the completeness and reliability of the toxicity data supporting these petitions, Syngenta believes that there is a reasonable certainty that no harm to adult females will result from aggregate exposure from all current, pending and proposed uses of acibenzolar-S-methyl.
F. International Tolerances
There are no Codex maximum residue levels established for acibenzolar-S-methyl.  Permanent, time-limited, or provisional MRLs for a variety of commodities have been established in countries including Canada, Japan, Poland, Italy, South Korea and France.


[Federal Register: May 5, 2008 (Volume 73, Number 87)]
[Notices]
[Page 24599-24600]
[DOCID:fr05my08-485]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

The 11th Annual Food and Drug Administration-Orange County
Regulatory Affairs Educational Conference

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of meeting.

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

    The Food and Drug Administration (FDA) is announcing the following
conference: 11th Annual Educational Conference co-sponsored with the
Orange County Regulatory Affairs Discussion Group (OCRA). The
conference is intended to provide the Drug, Device, and Biologics
industries with an opportunity to interact with FDA reviewers and
compliance officers from the Centers and District Offices, as well as
other industry experts. The main focus of this interactive conference
will be product approval, compliance, and risk management in the three
medical product areas. Industry speakers, interactive questions and
answers, and workshop sessions will also be included to assure open
exchange and dialogue on the relevant regulatory issues.
    Date and Time: The conference will be held on June 11 and 12, 2008,
from 7:30 a.m. to 5 p.m.
    Location: The conference will be held at the Irvine Marriott Hotel,
18000 Von Karman Ave., Irvine, CA 92612.

    Contact: Linda Hartley, Food and Drug Administration, 19701
Fairchild, Irvine, CA 92612,<PHONE_NUMBER>, FAX:<PHONE_NUMBER>, or OCRA,
Attention to Detail (ATD), 5319 University Dr., suite 641, Irvine, CA
92612,<PHONE_NUMBER>, FAX:<PHONE_NUMBER>, Web site: www.ocra-dg.org.
    Registration and Meeting Information: See OCRA Web site, www.ocra-
dg.org. Contact ATD at<PHONE_NUMBER>.
    Before May 9, 2008, registration fees are as follows: $675.00 for
members, $725.00 for non-members and $475.00 for FDA/Govt/Students.\1\
After May 9, 2008, $725.00 for members, $775.00 for non-members, and
$475.00 for FDA/Govt/Students.
---------------------------------------------------------------------------

    \1\Applied to full-time students with the proper identification.
---------------------------------------------------------------------------

    The registration fee will cover actual expenses including
refreshments, lunch, materials, and speaker expenses.If you need
special accommodations due to a disability, please contact Linda
Hartley at least 10 days in advance.

    Dated: April 29, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E8-9728 Filed 5-2-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 87, Number 57 (Thursday, March 24, 2022)]
[Notices]
[Pages 16721-16722]
[FR Doc No: 2022-06241]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER22-1370-000]

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

    This is a supplemental notice in the above-referenced proceeding of
Sunlight Storage, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888

First Street NE, Washington, DC 20426, in accordance with Rules 211 and
214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211
and 385.214). Anyone filing a motion to intervene or protest must serve
a copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is April 7, 2022.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: March 18, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-06241 Filed 3-23-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 209 (Friday, October 28, 2016)]
[Notices]
[Page 75185]
[FR Doc No: 2016-26087]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Public Notice for Waiver of Aeronautical Land-Use Assurance

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of intent of waiver with respect to land; Cherry Capital
Airport, Traverse City, Michigan.

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

SUMMARY: The FAA is considering a proposal to change 1.25 acres of
airport land from aeronautical use to non-aeronautical use and to
authorize the sale of airport property located at Cherry Capital
Airport, Traverse City, Michigan. The aforementioned land is not needed
for aeronautical use.
    The proposed property is located east of the airport terminal area
adjacent to the current South Airport Road right-of-way at the Cherry
Capital Airport. The property is currently a wooded area maintained for
compatible land use surrounding the airfield. The proposed non-
aeronautical land use would be for roadway improvements to support the
new commercial/industrial development.

DATES: Comments must be received on or before November 28, 2016.

ADDRESSES: Documents are available for review by appointment at the FAA
Detroit Airports District Office, Irene R. Porter, Program Manager,
11677 South Wayne Road, Suite 107, Romulus, Michigan 48174. Telephone:
(734) 229-2915/Fax:<PHONE_NUMBER> and Cherry Capital Administrative
Offices, 727 Fly Don't Drive, Traverse City, Michigan. Telephone: (231)
947-2250.
    Written comments on the Sponsor's request must be delivered or
mailed to: Irene R. Porter, Program Manager, Federal Aviation
Administration, Airports Detroit District Office, 11677 South Wayne
Road, Suite 107, Romulus, Michigan 48174, Telephone Number: (734) 229-
2915/FAX Number:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Irene R. Porter, Program Manager,
Federal Aviation Administration, Airports Detroit District Office,
11677 South Wayne Road, Suite 107, Romulus, Michigan 48174, Telephone
Number:<PHONE_NUMBER>/FAX Number:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In accordance with section 47107(h) of Title
49, United States Code, this notice is required to be published in the
Federal Register 30 days before modifying the land-use assurance that
requires the property to be used for an aeronautical purpose.
    The property is currently a wooded area maintained for compatible
land use surrounding the airfield. The proposed non-aeronautical land
use would be for roadway improvements to support the new commercial/
industrial development. The property was originally owned by the City
of Traverse City, Michigan and was subject to an AP-4 Instrument of
conveyance from the City to the United States Government dated May 17,
1943. At the end of the war the U.S. Government transferred the
property back to the City of Traverse City, Michigan. In 1966 the
National Emergency Use Provision was released from this property. The
airport will receive Fair Market Value for the land to be transferred
to the County to support the road improvements. The disposition of
proceeds from the sale of the airport property will be in accordance
with FAA's Policy and Procedures Concerning the Use of Airport Revenue,
published in the Federal Register on February 16, 1999 (64 FR 7696).
    This notice announces that the FAA is considering the release of
the subject airport property at the Cherry Capital Airport, Traverse
City, Michigan, from federal land covenants, subject to a reservation
for continuing right of flight as well as restrictions on the released
property as required in FAA Order 5190.6B section 22.16. Approval does
not constitute a commitment by the FAA to financially assist in the
disposal of the subject airport property nor a determination of
eligibility for grant-in-aid funding from the FAA.

Property Description

    Part of Section 18, T27N, R10W, City of Traverse City, Grand
Traverse County, Michigan, described as: Commencing at the West \1/4\
corner of said Section; Thence S00[deg]45'58'' W. 1244.58 feet along
the West line of said Section to the Point of Beginning of this
description: Thence N87[deg]42'41'' E. 2098.16 feet along a line that
is 75 feet north of and parallel with the South line of the North \1/2\
of the Southwest \1/4\ of said Section; Thence Northeasterly 127.77
feet along a 1834.86 foot radius curve to the left, the long chord of
which bears N85[deg]43'00'' E. 127.74 feet to the North and South \1/4\
line of said Section as monumented; Thence S00[deg]18'36'' E. 22.12
feet along said North and South \1/4\ line to the Northerly line of the
Right of Way as described in Document number 2007R-1 0240, Grand
Traverse County Register of Deeds; Thence Southwesterly 127.00 feet
along a 1856.86 foot radius curve to the right, the long chord of which
bears S85[deg]45'07'' W. 126.97 feet; Thence S87[deg]42'41'' W. 2099.33
feet (previously recorded as 2101.33 feet) along a line which is 53
feet north of, and parallel with the South line of the North \1/2\ of
the Southwest \1/4\ of said Section to the West line of said Section;
Thence N00[deg]45'58'' E. 22.03 feet to the point of Beginning of this
description. Containing 1.25 Acres.

    Issued in Romulus, Michigan, on October 12, 2016.
John L. Mayfield, Jr.,
Manager, Detroit Airports District Office, FAA, Great Lakes Region.
[FR Doc. 2016-26087 Filed 10-27-16; 8:45 am]
 BILLING CODE 4910-13-P