[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)]
[Notices]
[Pages 36330-36331]
[FR Doc No: 2015-15487]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice Of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:
    Docket Numbers: EG15-97-000.
    Applicants: Route 66 Wind Power, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Route 66 Wind Power, LLC.
    Filed Date: 6/17/15.
    Accession Number: 20150617-5235.
    Comments Due: 5 p.m. ET 7/8/15.

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER15-1937-000.
    Applicants: PJM Interconnection, L.L.C., Old Dominion Electric
Cooperative.
    Description: Sec.  205(d) Rate Filing: Second Revised Service
Agreement No. 3746--NITSA between PJM and ODEC to be effective 6/1/
2015.
    Filed Date: 6/17/15.
    Accession Number: 20150617-5248.
    Comments Due: 5 p.m. ET 7/8/15.

    Docket Numbers: ER15-1938-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original WMPA Service
Agreement No. 4183; Queue No. Z2-105 to be effective 10/31/2014.
    Filed Date: 6/17/15.
    Accession Number: 20150617-5266.
    Comments Due: 5 p.m. ET 7/8/15.

    Docket Numbers: ER15-1939-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3050 Sunwind Energy Group
GIA to be effective 6/3/2015.
    Filed Date: 6/17/15.
    Accession Number: 20150617-5267.
    Comments Due: 5 p.m. ET 7/8/15.

    Docket Numbers: ER15-1940-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Service Agreement No. 4184;
Queue No. Z2-106 to be effective 10/31/2014.
    Filed Date: 6/17/15.
    Accession Number: 20150617-5268.
    Comments Due: 5 p.m. ET 7/8/15.

    Docket Numbers: ER15-1941-000.
    Applicants: Barclays Bank PLC.
    Description: Notice of Cancellation of Market Based Rate Tariff of
Barclays Bank PLC.
    Filed Date: 6/17/15.

    Accession Number: 20150617-5294.
    Comments Due: 5 p.m. ET 7/8/15.

    Docket Numbers: ER15-1942-000.
    Applicants: Barclays Capital Energy Inc.
    Description: Notice of Cancellation of Market Based Rate Tariff of
Barclays Capital Energy Inc.
    Filed Date: 6/17/15.
    Accession Number: 20150617-5295.
    Comments Due: 5 p.m. ET 7/8/15.

    Take notice that the Commission received the following electric
securities filings:
    Docket Numbers: ES15-33-000.
    Applicants: Northern Indiana Public Service Company.
    Description: Supplement to June 10, 2015 Application for
Authorization to Issue Short-Term Debt of Northern Indiana Public
Service Company.
    Filed Date: 6/17/15.
    Accession Number: 20150617-5272.
    Comments Due: 5 p.m. ET 7/1/15.

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

    Dated: June 18, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-15487 Filed 6-23-15; 8:45 am]
 BILLING CODE 6717-01-P


a) By adding definitions in alphabetical order for the terms, " Approved critical use,"

" Approved critical user," " Consortium," " Critical stock allowance," " Critical stock allowance holder," " Critical use," " Critical use allowance for pre plant use," " Critical use allowance for post harvest use," " Critical use allowance holder," " Critical use methyl bromide," " Limiting critical condition," " Location of use," " Third party applicator," " Unexpended critical stock allowance," and " Unexpended critical use allowance;"

b) By revising definition of " Confer."

§ 82.3 Definitions for class I and class II controlled substances.

* * * * *

Approved critical use( s) means those uses of methyl bromide listed in Column A of Appendix L to this subpart as further clarified in Columns B and C of that Appendix.

* * * * *  80 Approved critical user( s) means a person who:

( 1) for the applicable control period, applied to EPA for a critical use exemption or is a member of a consortium that applied to EPA for a critical use exemption for a use and location of use that was included in the U. S. nomination, authorized by a Decision of the Parties to the Montreal Protocol, and then finally determined by EPA in a notice and comment rulemaking to be an approved critical use; and ( 2) has an area in the applicable location of use that requires methyl bromide fumigation because the person reasonably expects that the area will be subject to a limiting critical condition during the applicable control period.

* * * * *

Confer means to shift the essential use allowances obtained under § 82.8 from the holder of the unexpended essential use allowances to a person for the production of a specified controlled substance, or to shift the HCFC 141b exemption allowances granted under § 82.16( h) from the holder of the unexpended HCFC 141b exemption allowances to a person for the production or import of the controlled substance.

* * * * *

Consortium means an organization representing a group of methyl bromide users that has collectively submitted an application for a critical use exemption on behalf of all members of the group. The members of a consortium shall be determined on the basis of the rules established by the organization. Members may either be required to formally join the consortium ( e. g., by submitting an application or paying dues) or may automatically become members upon meeting particular criteria ( e. g., a grower of a specific crop in a particular region).  81 * * * * *

Critical stock allowance ( CSA) means the right granted by this subpart to sell one ( 1) kilogram of class I, Group VI controlled substances from inventory produced or imported prior to the January 1, 2005 phaseout date for an approved critical use during the specified control period to the extent permitted by federal and state pesticide statutes and regulations other than the Clean Air Act and regulations in this part. A person's critical stock allowances are the total of the allowances obtained under § 82.8( c) as may be modified under § 82.12 ( transfer of allowances).

Critical stock allowance ( CSA) holder means an entity to which EPA allocates a quantity of critical stock allowances as reflected under § 82.8( c), or who receives a quantity of critical stock allowances through a transfer under § 82.12.

Critical use means a circumstance in which the following two conditions are satisfied:

( 1) there are no technically and economically feasible alternatives or substitutes for methyl bromide available that are acceptable from the standpoint of environment and health and are suitable to the crops and circumstances involved, and ( 2) the lack of availability of methyl bromide for a particular use would result in significant market disruption.

Critical use allowance ( CUA) means the privilege granted by this subpart to produce or import one ( 1) kilogram of methyl bromide for an approved critical use during the specified control period. A person's critical use allowances are the total of the allowances obtained under § 82.8( c)  82 as may be modified under § 82.12 ( transfer of allowances).

Critical use allowance for pre plant uses means the privilege granted by this subpart to produce or import one ( 1) kilogram of methyl bromide solely for an approved critical use in pre plant categories specified in Appendix L to this subpart during the specified control period. A person's critical use allowances for pre plant uses are the total of the allowances obtained under § 82.8( c)

as may be modified under § 82.12 ( transfer of allowances).

Critical use allowance for post harvest uses means the privilege granted by this subpart to produce or import one ( 1) kilogram of methyl bromide solely for an approved critical use in postharvest categories specified in Appendix L to this subpart during the specified control period. A person's critical use allowances for post harvest uses are the total of the allowances obtained under § 82.8( c) as may be modified under § 82.12 ( transfer of allowances).

Critical use allowance ( CUA) holder means an entity to which EPA allocates a quantity of critical use allowances as reflected in § 82.8( c) or who receives a quantity of critical use allowances through a transfer under § 82.12.

Critical use methyl bromide means the class I, Group VI controlled substance produced or imported through expending a critical use allowance or that portion of inventory produced or imported prior to the January 1, 2005 phaseout date that is sold only for approved critical uses through expending a critical stock allowance.  83 * * * * *

Limiting critical condition means the regulatory, technical, and economic circumstances listed in Column C of Appendix L to this subpart that establish conditions of critical use for methyl bromide in a fumigation area.

* * * * *

Location of use means the geographic area ( such as a state, region, or the entire United States)

covered by an application for a critical use exemption in which the limiting critical condition may occur.

* * * * *

Third party applicator means an applicator of critical use methyl bromide who fumigates or treats commodities, structures, crops, or land on behalf of an approved critical user.

* * * * *

Unexpended critical stock allowances ( CSA) means critical stock allowances against which methyl bromide has not yet been sold for an approved critical use.

* * * * *

Unexpended critical use allowances ( CUA) means critical use allowances against which methyl bromide has not yet been produced or imported. At any time in any control period a person's unexpended critical use allowances are the total of the level of critical use allowances the person holds at that time for that control period, minus the level of class I, Group VI controlled substances that the person has produced or has imported solely for approved critical uses in that control period.

* * * * *  84 3. Section 82.4 is amended by revising paragraphs ( b), ( d) and ( n), and by adding paragraph ( p) as follows:

§ 82.4 Prohibitions for class I controlled substances.

* * * * *

( b) ( 1) Effective January 1, 1996, for any class I, Group I, Group II, Group III, Group IV,

Group V, or Group VII controlled substances, and effective January 1, 2005, for any class I,

Group VI controlled substance, and effective August 18, 2003, for any class I, Group VIII controlled substance, no person may produce, at any time in any control period, ( except that are transformed or destroyed domestically or by a person of another Party) in excess of the amount of conferred unexpended essential use allowances or exemptions, or in excess of the amount of unexpended critical use allowances, or in excess of the amount of unexpended Article 5 allowances as allocated under § 82.9 as may be modified under § 82.12 ( transfer of allowances),

for that substance held by that person under the authority of this subpart at that time for that control period. Every kilogram of excess production constitutes a separate violation of this subpart.

( 2) Effective January 1, 2005, production of class I, Group VI controlled substances is not subject to the prohibitions in paragraph ( b)( 1) of this section if it is solely for quarantine or preshipment applications as defined in this subpart, or it is solely for export to satisfy critical uses authorized by the Parties for that control period.

* * * * *

( d) Effective January 1, 1996, for any class I, Group I, Group II, Group III, Group IV,  85 Group V, or Group VII controlled substances, and effective January 1, 2005, for any class I,

Group VI controlled substance, and effective August 18, 2003, for any class I, Group VIII controlled substance, no person may import ( except for transhipments or heels), at any time in any control period, ( except for controlled substances that are transformed or destroyed) in excess of the amount of unexpended essential use allowances or exemptions, or in excess of unexpended critical use allowances, for that substance held by that person under the authority of this subpart at that time for that control period. Every kilogram of excess importation ( other than transhipments or heels) constitutes a separate violation of this subpart. It is a violation of this subpart to obtain unused class I controlled substances under the general laboratory exemption in excess of actual need and to recycle that material for sale into other markets.

* * * * *

( n) No person may use class I controlled substances produced or imported under the essential use exemption for any purpose other than those set forth in this paragraph. Effective January 1, 1996, essential use allowances are apportioned to a person under § 82.8( a) and ( b) for the exempted production or importation of specified class I controlled substances solely for the purposes listed in paragraphs ( n)( 1)( i) through ( iii) of this section.

( 1) Essential uses for the production or importation of controlled substances as agreed to by the Parties to the Protocol and subject to the periodic revision of the Parties are:

( i) Metered dose inhalers ( MDIs) for the treatment of asthma and chronic obstructive pulmonary disease that were approved by the Food and Drug Administration before December 31, 2000.

( ii) Space Shuttle  solvents.  86 ( iii) Essential laboratory and analytical uses ( defined in Appendix G of this subpart).

( 2) Any person acquiring unused class I controlled substances produced or imported under the authority of essential use allowances or the essential use exemption granted in § 82.8 to this subpart for use in anything other than an essential use ( i. e., for uses other than those specifically listed in paragraph ( n)( 1) of this section) is in violation of this subpart. Each kilogram of unused class I controlled substance produced or imported under the authority of essential use allowances or the essential use exemption and used for a non essential uses is a separate violation of this subpart. Any person selling unused class I controlled substances produced or imported under authority of essential use allowances or the essential use exemption for uses other than an essential use is in violation of this subpart. Each kilogram of unused class I controlled substances produced or imported under authority of essential use allowances or the essential use exemption and sold for a use other than an essential use is a separate violation of this subpart. It is a violation of this subpart to obtain unused class I controlled substances under the exemption for laboratory and analytical uses in excess of actual need and to recycle that material for sale into other markets.

* * * * *

( p) Critical Use Exemption: With respect to class I, Group VI substances ( methyl bromide):

( 1) For critical use allowance holders and critical stock allowance holders:

(...) No person shall sell critical use methyl bromide without first receiving a certification from the purchaser that the quantity purchased will be sold or used solely for an approved critical use. Every kilogram of critical use methyl bromide sold without first obtaining such certification  87 constitutes a separate violation of this subpart.

(...) No person shall sell a portion of inventory produced or imported prior to the January 1, 2005 phaseout date as critical use methyl bromide in excess of the number of unexpended critical stock allowances held by that person.

(...) A person who sells methyl bromide produced or imported before the phaseout date of January 1, 2005 for a use identified by the user as a critical use must hold sufficient critical stock allowances ( CSA) for the transaction and shall expend one allowance for each kilogram of methyl bromide sold. Every kilogram of critical use methyl bromide produced or imported before the phaseout date of January 1, 2005 that is sold without expending an allowance constitutes a separate violation of this subpart.

( 2) For approved critical users, each action associated with each 200 kilograms of critical use methyl bromide for the following subparagraphs constitutes a separate violation of this subpart.

(...) No person shall take possession of quantities of critical use methyl bromide or acquire fumigation services using quantities of critical use methyl bromide without first completing the appropriate certification in accordance with the requirements in § 82.13.

(...) No person who purchases critical use methyl bromide may use such quantities for a use other than the specified critical use listed in Column A and the specified location of use in Column B of Appendix L to this subpart.

(...) No person who purchases critical use methyl bromide produced or imported with expended critical use allowances for pre plant uses, may use such quantities for other than the pre plant uses as specified in Column A and Column B of Appendix L to this subpart.  88 (...) No person who purchases critical use methyl bromide produced or imported with expended critical use allowances for post harvest uses, may use such quantities for other than the post harvest uses as specified in Column A and Column B of Appendix L to this subpart.

(...) No person who uses critical use methyl bromide on a specific field or structure may concurrently or subsequently use non critical use methyl bromide on the same field or structure for the same use ( as defined in Column A and Column B of Appendix L) in the same control period, excepting methyl bromide used under the quarantine and pre shipment exemption.

(...) No person who purchases critical use methyl bromide during the control period shall use that methyl bromide on a field or structure for which that person has used non critical use methyl bromide for the same use ( as defined in Columns A and B of Appendix L) in the same control period, excepting methyl bromide used under the quarantine and pre shipment exemption,

unless, subsequent to that person's use of the non critical use methyl bromide, that person becomes subject to a prohibition on the use of methyl bromide alternatives due to the reaching of a local township limit described in Appendix L.

* * * * *

4. Section 82.8 is revised ( including section heading) to read as follows:

§ 82.8 Grant of essential use allowances and critical use allowances.

( a) Effective January 1, 1996, persons in the following list are allocated essential use allowances or exemptions for quantities of a specific class I controlled substance for a specific essential use ( the Administrator reserves the right to revise the allocations based on future  89 decisions of the Parties).

TABLE I  Essential Use Allowances for Calendar Year 2004 Company Chemical Quantity ( metric tons)

( I) Metered Dose Inhalers ( for oral inhalation) for Treatment of Asthma and Chronic Obstructive Pulmonary Disease Armstrong Pharmaceuticals CFC 11 or CFC 12 or CFC 114 390.60 Aventis Pharmaceutical Products CFC 11 or CFC 12 or CFC 114 48.40 Boehringer Ingelheim Pharmaceuticals CFC 11 or CFC 12 or CFC 114 500.20 PLIVA Inc. CFC 11 or CFC 12 or CFC 114 136.00 Schering Plough Corporation CFC 11 or CFC 12 or CFC 114 918.00 3M Pharmaceuticals CFC 11 or CFC 12 or CFC 114 84.71 ( ii) Cleaning, Bonding and Surface Activation Applications for the Space Shuttle Rockets and Titan Rockets National Aeronautics and Space Administration ( NASA)/ Thiokol Rocket Methyl Chloroform 141.877 ( b) A global exemption for class I controlled substances for essential laboratory and analytical uses shall be in effect through December 31, 2005 subject to the restrictions in Appendix G of this subpart, and subject to the record keeping and reporting requirements at § 82.13( u) through ( x). There is no amount specified for this exemption.  90 ( c) Effective January 1, 2005, critical use allowances are apportioned as set forth in paragraph ( c)( 1) of this section for the exempted production and import of class I, Group VI controlled substances specifically for those approved critical uses listed in Appendix L to this subpart for the applicable control period. Every kilogram of production and import in excess of the total number and type of unexpended critical use allowances held for a particular type of use constitutes a separate violation of this subpart. Effective January 1, 2005, critical stock allowances are issued as set forth in paragraph( c)( 2) of this section for the sale of class I, Group VI controlled substances from inventory produced or imported before the January 1, 2005 phaseout date specifically for those approved critical uses listed in Appendix L to this subpart for the applicable control period.

( 1) Allocated critical use allowances granted for specified control period.

Company 2005 Critical Use Allowances for Pre Plant Uses* ( kilograms) 2005 Critical Use Allowances for Post Harvest Uses* ( kilograms)

Great Lakes Chemical Corp. 5,087,792 346,817 Albemarle Corp. 2,092,180 142,617 Ameribrom, Inc. 1,155,764 78,784 TriCal, Inc. 35,818 2,442 * for production or import of class I, Group VI controlled substance exclusively for the Pre Plant or Post Harvest uses specified in Appendix L to this subpart.  91 ( 2) Allocated critical stock allowances granted for specified control period. The following companies are allocated critical stock allowances for 2005 on pro rata basis in relation to the stocks held by each.

Company Company Ameribrom, Inc. Pest Fog Blair Soil Fumigation Reddick Fumigants Cardinal Professional Products Royster Clark Ehrlich Southern State Cooperative Great Lakes Chemical Corp Trical Inc.

Hendrix & Dail Trident Agricultural Products Helena Chemical Co. UAP Southeast Hy Yield Bromine Univar Industrial Fumigation Company Western Fumigation TOTAL 1,283,214 kilograms 5. Section 82.12 is amended by: revising paragraph ( a)( 1) introductory text, ( a)( 1)( i)( H), ( a)( 1)( ii)

introductory text, and ( a)( 1)( iii) and by adding paragraph ( e) to read as follows:

§ 82.12 Transfers of allowances for class I controlled substances.

( a) Inter company transfers.  92 ( 1) Until January 1, 1996, for all class I controlled substances, except for Group VI, and until January 1, 2005, for Group VI, any person (" transferor") may transfer to any other person (" transferee") any amount of the transferor's consumption allowances or production allowances,

and effective January 1, 1995, for all class I controlled substances any person (" transferor") may transfer to any other person (" transferee") any amount of the transferor's Article 5 allowances.

After January 1, 2002, any essential use allowance holder ( including those persons that hold essential use allowances issued by a Party other than the United States) (" transferor") may transfer essential use allowances for CFCs to a metered dose inhaler company solely for the manufacture of essential MDIs. After January 1, 2005, any critical use allowance holder (" transferor") may transfer critical use allowances to any other person (" transferee"). [ After January 1, 2005, any critical stock allowance holder (" transferor") may transfer critical stock allowances to any critical stock allowance holder or any methyl bromide producer, importer,

distributer or third party applicator (" transferee").]

( i) * * *

( H) The one percent offset applied to the unweighted amount traded will be deducted from the transferor's production or consumption allowance balance ( except for trades from transformers and destroyers to producers or importers for the purpose of allowance reimbursement). In the case of transferring essential use allowances, the amount of one tenth of one percent of the amount traded will be deducted from the transferor's allowance balance. In the  93 case of transferring critical use allowances, the amount of one tenth of one percent of the amount traded will be deducted from the transferor's critical use allowance balance.

* * * * *

( ii) The Administrator will determine whether the records maintained by EPA, taking into account any previous transfers and any production, allowable imports and exports of controlled substances reported by the transferor, indicate that the transferor possesses, as of the date the transfer claim is processed, unexpended allowances sufficient to cover the transfer claim ( i. e., the amount to be transferred plus, in the case of transferors of essential use allowances and critical use allowances, one tenth of one percent of the transferred amount). Within three working days of receiving a complete transfer claim, the Administrator will take action to notify the transferor and transferee as follows:

* * * * *

( iii) In the event that the Administrator does not respond to a transfer claim within the three working days specified in paragraph ( a)( 1)( ii) of this section the transferor and transferee may proceed with the transfer. EPA will reduce the transferor's balance of unexpended allowances by the amount to be transferred plus, in the case of transfers of production or  94 consumption allowances, one percent of that amount, and in the case of essential use allowances and critical use allowances, one tenth of one percent of that amount. However if EPA ultimately finds that the transferor did not have sufficient unexpended allowances to cover the claim, the transferor and transferee will be held liable for any violations of the regulations of this subpart that occur as a result of, or in conjunction with, the improper transfer.

* * * * *

( e) Exchange of Critical Use Allowances for Critical Stock Allowances.

( 1) Critical use allowance holders may petition the Administrator to exchange a quantity of their unexpended critical use allowances for an equivalent amount of critical stock allowances.

A person allocated critical stock allowances may not petition to exchange unexpended critical stock allowances for critical use allowances.

( 2) [ Reserved]

6. Section 82.13 is amended as follows:  95 a) By revising paragraphs ( a), ( f)( 3)( iv) and ( g)( 4)( vii).

b) By adding paragraphs ( f)( 2)( xx) through ( f)( 2)( xxii), ( f)( 3)( xvi), ( f)( 3)( xvi) ( g)( 1)( xx)

through ( g)( 1)( xxi), ( g)( 4)( xviii), and ( bb) through ( dd).

§ 82.13 Recordkeeping and reporting requirements for class I controlled substances.

( a) Unless otherwise specified, the recordkeeping and reporting requirements set forth in this section take effect on January 1, 1995. For class I, Group VIII controlled substances, the recordkeeping and reporting requirements set forth in this section take effect on August 18, 2003.

For class I, Group VI critical use methyl bromide, the recordkeeping and reporting requirements set forth in this section take effect January 1, 2005.

( f) * * *

( 2) * * *

( xx) For class I, Group VI controlled substances, dated records such as invoices and order  96 forms, and a log of the quantity of controlled substances produced for critical use, specifying quantities dedicated for pre plant use and quantities dedicated for post harvest use, and the quantity sold for critical use, specifying quantities dedicated for pre plant use and quantities dedicated for post harvest use;

( xxi) Written certifications that quantities of class I, Group VI controlled substances produced for critical use were purchased by distributors, applicators, or approved critical users to be used or sold only for critical use in accordance with the definitions and prohibitions in this subpart. Certifications must be maintained by the producer for a minimum of three years and;

( xxii) For class I, Group VI controlled substances, dated records such as invoices and order forms, and a log of the quantity of controlled substances produced solely for export to satisfy critical uses authorized by the Parties for that control period, and the quantity sold solely for export to satisfy critical uses authorized by the Parties for that control period.

( 3) * * *

( iv) The producer's total of expended and unexpended production allowances,

consumption allowances, Article 5 allowances, critical use allowances ( pre plant), critical use allowances ( post harvest), critical stock allowances, and amount of essential use allowances and  97 destruction and transformation credits conferred at the end of that quarter;

* * * * *

( xvi) For critical uses of class I, Group VI controlled substances, producers shall report annually the amount of critical use methyl bromide owned by the reporting entity, specifying quantities dedicated for pre plant use and quantities dedicated for post harvest use, as well as quantities held by the reporting entity on behalf of another entity, specifying quantities dedicated for pre plant use and quantities dedicated for post harvest use along with the name of the entity on whose behalf the material is held; and ( xvii) A list of the quantities of class I, Group VI controlled substances produced by the producer and exported by the producer and/ or by other U. S. companies in that control period,

solely to satisfy the critical uses authorized by the Parties for that control period.

( g) * * *

( 1) * * *  98 ( xx) For class I, Group VI controlled substances, dated records such as invoices and order forms, of the quantity of controlled substances imported for critical use, specifying quantities dedicated for pre plant use and quantities dedicated for post harvest use, and the quantity sold for critical use, specifying quantities dedicated for pre plant use and quantities dedicated for postharvest use, and;

( xxi) Written certifications that quantities of class I, Group VI controlled substances imported for critical use were purchased by distributors, applicators, or approved critical users to be used or sold only for critical use in accordance with the definitions and prohibitions in this subpart. Certifications must be maintained by an importer for a minimum of three years.

( 4) * * *

( vii) The importer's total sum of expended and unexpended consumption allowances by chemical as of the end of that quarter and the total sum of expended and unexpended critical use allowances ( pre plant) and unexpended critical use allowances ( post harvest) and critical stock allowances;

* * * * *  99 ( xviii) For critical uses of class I, Group VI controlled substances, importers shall report annually the amount of critical use methyl bromide owned by the reporting entity, specifying quantities dedicated for pre plant use and quantities dedicated for post harvest use, as well as quantities held by the reporting entity on behalf of another entity, specifying quantities dedicated for pre plant use and quantities dedicated for post harvest use along with the name of the entity on whose behalf the material is held.

* * * * *

( bb) Every distributor of methyl bromide ( class I, Group VI controlled substances) who purchases or receives a quantity of critical use methyl bromide must comply with recordkeeping and reporting requirements specified in this paragraph.

( 1) Recordkeeping   Every distributor of critical use methyl bromide must certify to the producer or importer or other entity from which they are acquiring quantities of critical use methyl bromide that such quantities received will be sold or used only for approved critical use( s)

in accordance with the definitions and prohibitions in this subpart.

( i) Every distributor of a quantity of critical use methyl bromide must receive from an applicator, or any other entity to whom they sell critical use methyl bromide, a certification of the  100 quantity of critical use methyl bromide ordered, prior to delivery of the quantity, stating that the quantity will be sold or used only for approved critical uses in accordance with definitions and prohibitions in this subpart.

( ii) Every distributor of methyl bromide who receives a certification from an applicator or any other entity to which they sell critical use methyl bromide must maintain the certifications as records for 3 years.

( iii) Every distributor of a quantity of critical use methyl bromide must maintain invoice and order records related to the sale of such material for 3 years.

( 2) Reporting   Every distributor of critical use methyl bromide must report to the Administrator annually, the following items:

( i) For critical uses of class I, Group VI controlled substances, an annual list of the amount of critical use methyl bromide bought and;

( ii) For critical uses of class I, Group VI controlled substances, an annual list of the amount of critical use methyl bromide sold for each specified critical use in Appendix L of this  101 subpart, and;

( iii) For critical uses of class I, Group VI controlled substances, report the amount of critical use methyl bromide owned by the reporting entity, specifying quantities dedicated for preplant use and quantities dedicated for post harvest use, as well as quantities held by the reporting entity on behalf of another entity, specifying quantities dedicated for pre plant use and quantities dedicated for post harvest use, along with the name of the entity on whose behalf the material is held, and;

( iv) The number of unexpended critical stock allowances.

( cc) Every third party applicator of methyl bromide ( class I, Group VI controlled substances) that purchases or receives critical use methyl bromide must comply with recordkeeping and reporting requirements specified in this paragraph.

( 1) Recordkeeping   Every third party applicator of critical use methyl bromide must certify to the producer or importer or other entity from which they are acquiring quantities of critical use methyl bromide that such quantities received will be sold or used only for approved critical use( s) in accordance with the definitions and prohibitions in this subpart.  102 ( i) Every third party applicator of a quantity of critical use methyl bromide must receive from any entity to whom they sell critical use methyl bromide, a certification of the quantity of critical use methyl bromide ordered, prior to delivery of the quantity, stating that the quantity will be sold or used only for approved critical uses in accordance with definitions and prohibitions in this subpart.

( ii) Every third party applicator of methyl bromide who receives a certification from an entity to which they sell critical use methyl bromide must maintain the certifications as records for 3 years.

( iii) Every third party applicator of a quantity of critical use methyl bromide must maintain invoice and order records related to the sale of such material for 3 years.

( 2) Reporting   Every third party applicator of critical use methyl bromide must report to the Administrator annually, the following items:

( i) For critical uses of class I, Group VI controlled substances, an annual list of the amount of critical use methyl bromide bought and;  103 ( ii) For critical uses of class I, Group VI controlled substances, an annual list of the amount of critical use methyl bromide sold for each specified critical use in Appendix L of this subpart, and;

( iii) For critical uses of class I, Group VI controlled substances, report annually the amount of critical use methyl bromide owned by the reporting entity, specifying quantities dedicated for pre plant use and quantities dedicated for post harvest use, as well as quantities held by the reporting entity on behalf of another entity, specifying quantities dedicated for pre plant use and quantities dedicated for post harvest use, along with the name of the entity on whose behalf the material is held, and;

( iv) The number of unexpended critical stock allowances.

( dd) Every approved critical user purchasing an amount of critical use methyl bromide or purchasing fumigation services with critical use methyl bromide must, for each request, identify the use as a critical use and certify being an approved critical user. The approved critical user certification will state, in part: " I certify, under penalty of law, I am an approved critical user and I will use this quantity of methyl bromide for an approved critical use. My action conforms to the requirements associated with the critical use exemption published in 40 CFR part 82. I am aware that any agricultural commodity within a treatment chamber, facility, or field I fumigate with  104 critical use methyl bromide can not subsequently or concurrently be fumigated with non critical use methyl bromide during the same control period, excepting a QPS treatment or a treatment for a different use ( e. g., a different crop or commodity). I will not use this quantity of methyl bromide for a treatment chamber, facility, or field that I previously fumigated with non critical use methyl bromide purchased during the same control period, excepting a QPS treatment or a treatment for a different use ( e. g., a different crop or commodity), unless a local township limit now prevents me from using methyl bromide alternatives." The certification will also indicate the type of critical use methyl bromide purchased, the location of the treatment, the crop or commodity treated, the quantity of critical use methyl bromide purchased, the acreage/ square footage treated and will be signed and dated by the approved critical user.

7. Add to this subpart Appendix L that reads as follows:

APPENDIX L TO PART 82 SUBPART A   APPROVED CRITICAL USES, AND LIMITING CRITICAL CONDITIONS FOR THOSE USES FOR THE 2005 CONTROL PERIOD  105 Column A Column B Column C Approved Critical Uses Approved Critical User and Location of Use Limiting Critical Conditions PRE PLANT USES Cucurbits ( a) Michigan growers with a reasonable expectation that moderate to severe fungal pathogen infestation already either exists or could occur without methyl bromide fumigation ( b) Alabama, Arkansas, Georgia,

North Carolina, South Carolina,

Tennessee, and Virginia growers with a reasonable expectation that moderate to severe yellow or purple nutsedge infestation already either exists or could occur without methyl bromide fumigation Eggplant ( a) Georgia growers with a reasonable expectation that moderate to severe yellow or purple nutsedge infestation either already exist or could occur without methyl bromide fumigation:

( b) Florida growers with a reasonable expectation that one or more of the following limiting critical conditions either already exist or could occur without methyl bromide fumigation: moderate to severe yellow or purple nutsedge infestation, or karst topography  106 Forest Seedlings ( a) Members of the Southern Forest Nursery Management Cooperative limited to growing locations in Alabama, Arkansas, Florida,

Georgia, Louisiana, Mississippi,

North Carolina, Oklahoma, South Carolina, Tennessee, Texas, and Virginia with a reasonable expectation that one or more of the following limiting critical conditions already either exist or could occur without methyl bromide fumigation: moderate to severe yellow or purple nutsedge infestation, or moderate to severe disease infestation.

( b) International Paper and its subsidiaries limited to growing locations in Arkansas, Alabama,

Georgia, South Carolina and, Texas with a reasonable expectation that one or more of the following limiting critical conditions already either exist or could occur without methyl bromide fumigation: moderate to severe yellow or purple nutsedge infestation, or moderate to severe disease infestation.

( c) Weyerhaeuser Company and its subsidiaries limited to growing locations in Alabama, Arkansas,

North Carolina, South Carolina,

Oregon, and Washington with a reasonable expectation that one or more of the following limiting critical conditions already either exist or could occur without methyl bromide fumigation: moderate to severe yellow or purple nutsedge infestation, or moderate to severe disease infestation.  107 ( d) Public ( government owned)

seedling nurseries in the states of California, Idaho, Illinois, Indiana,

Kansas, Kentucky, Maryland,

Missouri, Nebraska, New Jersey,

Ohio, Oregon, Pennsylvania, Utah,

Washington, West Virginia and,

Wisconsin with a reasonable expectation that one or more of the following limiting critical conditions already either exist or could occur without methyl bromide fumigation: moderate to severe yellow or purple nutsedge infestation, or moderate to severe disease infestation.

( e) Members of the Nursery Technology Cooperative limited to growing locations in Oregon and Washington with a reasonable expectation that one or more of the following limiting critical conditions already either exist or could occur without methyl bromide fumigation: moderate to severe yellow or purple nutsedge infestation, or moderate to severe disease infestation.

( f) Michigan seedling nurseries with a reasonable expectation that one or more of the following limiting critical conditions already exist or could occur without methyl bromide fumigation: moderate to severe yellow or purple nutsedge infestation, or moderate to severe disease infestation.

Ginger Hawaii growers with a reasonable expectation that the limiting critical condition already either exists or could occur without methyl bromide fumigation, or moderate to severe bacterial wilt infestation  108 Orchard Nursery Seedlings ( a) Members of the Western Raspberry Nursery Consortium limited to growing locations in California and Washington ( Driscoll's raspberries and their contract growers in California and Washington) with a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumigation: moderate to severe nematode infestation, medium to heavy clay soils, or a prohibition of on the use of 1,3

dichloropropene products due to reaching local township limits on the use of this alternative ( b) Members of the California Association of Nurserymen

Deciduous Fruit and Nut Tree Growers with a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumigation: moderate to severe nematode infestation, medium to heavy clay soils, or a prohibition of on the use of 1,3

dichloropropene products due to reaching local township limits on the use of this alternative ( c) Members of the California Association of Nurserymen Citrus and Avocado Growers with a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumigation: moderate to severe nematode infestation, medium to heavy clay soils, or a prohibition of on the use of 1,3

dichloropropene products due to reaching local township limits on the use of this alternative  109 Orchard Replant ( a) California stone fruit growers with a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumigation: replanted (

nonvirgin orchard soils to prevent orchard replant disease, or medium to heavy soils, or a prohibition on the use of 1,3 dichloropropene products because local township limits for this alternative have been reached.

( b) California table and raisin grape growers with a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumigation: replanted (

nonvirgin orchard soils to prevent orchard replant disease, or medium to heavy soils, or a prohibition on the use of 1,3 dichloropropene products because local township limits for this alternative have been reached.  110 ( c) California walnut growers with a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumigation: replanted (

nonvirgin orchard soils to prevent orchard replant disease, or medium to heavy soils, or a prohibition on the use of 1,3 dichloropropene products because local township limits for this alternative have been reached.

( d) California almond growers with a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumigation: replanted (

nonvirgin orchard soils to prevent orchard replant disease, or medium to heavy soils, or a prohibition on the use of 1,3 dichloropropene products because local township limits for this alternative have been reached.

Ornamentals ( a) Yoder Brothers Inc. in Florida for use in all chrysanthemum production ( b) California rose nurseries with a reasonable expectation that the user may be prohibited from using 1,3

dichloropropene products because local township limits for this alternative have been reached  111 Peppers ( a) California growers with a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumigation: moderate to severe disease infestation, or moderate to severe yellow or purple nutsedge infestation, or a prohibition on the use of 1,3 dichloropropene products because local township limits for this alternative have been reached ( b) Alabama, Arkansas, Georgia,

North Carolina, South Carolina,

Tennessee and Virginia growers with a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumigation: moderate to severe yellow or purple nutsedge infestation, or the presence of an occupied structure within 100 feet of a grower's field the size of 100 acres or less ( c) Florida growers with a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumigation: moderate to severe yellow or purple nutsedge infestation, or karst topography  112 Strawberry Nurseries ( a) California growers with a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumigation: moderate to severe black root rot or crown rot, or moderate to severe yellow or purple nutsedge infestation ( b) North Carolina and Tennessee growers with a reasonable expectation that the use will occur in the presence of an occupied structure within 100 feet of a grower's field the size of 100 acres or less Strawberry Fruit ( a) California growers with a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumigation: moderate to severe black root rot or crown rot, moderate to severe yellow or purple nutsedge infestation, a prohibition of the use of 1,3 dichloropropene products because local township limits for this alternative have been reached, time to transition to an alternative ( b) Florida growers with a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumigation: moderate to severe yellow or purple nutsedge, or karst topography  113 ( c) Alabama, Arkansas, Georgia,

North Carolina, South Carolina,

Tennessee, Virginia, Ohio and, New Jersey growers with a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumigation: moderate to severe yellow or purple nutsedge, or the presence of an occupied structure within 100 feet of a grower's field the size of 100 acres or less Sweet Potatoes California growers with a reasonable expectation that the user may be prohibited from using 1,3

dichloropropene products because local township limits for this alternative have been reached Tomatoes ( a) Michigan growers with a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumigation: moderate to severe disease infestation, fungal pathogens infestation ( b) Alabama, Arkansas, Georgia,

North Carolina, South Carolina,

Tennessee and Virginia growers with a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumigation: moderate to severe yellow or purple nutsedge infestation, or the presence of an occupied structure within 100 feet of a grower's field the size of 100 acres or less  114 ( c) Florida growers with a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumigation: moderate to severe yellow or purple nutsedge infestation, or karst topography Turfgrass ( a) U. S. turfgrass sod nursery producers who are members of Turfgrass Producers International ( TPI). for the production of industry certified pure sod ( b) U. S. golf courses for establishing sod in the construction of new golf courses or the renovation of putting greens, tees, and fairways POST HARVEST USES Food Processing ( a) Rice millers in all locations in the U. S. who are members of the USA Rice Millers Association. with a reasonable expectation that one or more of the following limiting critical conditions exists: older structures that can not be properly sealed to use an alternative to methyl bromide,

or the presence of sensitive electronic equipment subject to corrosivity, time to transition to an alternative  115 ( b) Pet food manufacturing facilities in the U. S. who are active members of the Pet Food Institute. ( For today's rule, " pet food" refers to domestic dog and cat food). with a reasonable expectation that one or more of the following limiting critical conditions exists: older structures that can not be properly sealed to use an alternative to methyl bromide,

or the presence of sensitive electronic equipment subject to corrosivity, time to transition to an alternative ( c) Kraft Foods in the U. S. with a reasonable expectation that one or more of the following limiting critical conditions exists: older structures that can not be properly sealed to use an alternative to methyl bromide,

or the presence of sensitive electronic equipment subject to corrosivity, time to transition to an alternative ( d) Members of the North American Millers' Association in the U. S. with a reasonable expectation that one or more of the following limiting critical conditions already exists or could occur without methyl bromide fumigation: older structures that can not be properly sealed to use an alternative to methyl bromide, or the presence of sensitive electronic equipment subject to corrosivity,

time to transition to an alternative Commodity Storage ( a) Gwaltney of Smithfield in the U. S. for smokehouse ham curing facilities owned by the company  116 ( b) California entities storing walnuts, beans, dried plums, figs,

raisins, and pistachios in California with a reasonable expectation that one or more of the following limiting critical conditions exists: rapid fumigation is required to meet a critical market window, such as during the holiday season, rapid fumigation is required when a buyer provides short ( 2 days or less)

notification for a purchase, or there is a short period after harvest in which to fumigate and there is limited silo availability for using alternatives


[Federal Register Volume 83, Number 89 (Tuesday, May 8, 2018)]
[Notices]
[Pages 20891-20892]
[FR Doc No: 2018-09691]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

Extension:
    Regulation AC; SEC File No. 270-517, OMB Control No. 3235-0575

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in Regulation Analyst
Certification (``Regulation AC'') (17 CFR 242.500-505, under the
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.). The Commission
plans to submit this existing collection of information to the Office
of Management and Budget (``OMB'') for extension and approval.
    Regulation AC requires that research reports published, circulated,
or provided by a broker or dealer or covered person contain a statement
attesting that the views expressed in each research report accurately
reflect

the analyst's personal views and whether or not the research analyst
received or will receive any compensation in connection with the views
or recommendations expressed in the research report. Regulation AC also
requires broker-dealers to, on a quarterly basis, make, keep, and
maintain records of research analyst statements regarding whether the
views expressed in public appearances accurately reflected the
analyst's personal views, and whether any part of the analyst's
compensation is related to the specific recommendations or views
expressed in the public appearance. Regulation AC also requires that
research prepared by foreign persons be presented to U.S. persons
pursuant to Securities Exchange Act Rule 15a-6 and that broker-dealers
notify associated persons if they would be covered by the regulation.
Regulation AC excludes the news media from its coverage.
    The Commission estimates that Regulation AC imposes an aggregate
annual time burden of approximately 25,844 hours on 5,186 respondents,
or approximately 5 hours per respondent. The Commission estimates that
the total annual internal cost of compliance for the 25,844 hours is
approximately $12,452,349, or approximately $2,401 per respondent,
annually.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimates of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    Please direct your written comments to: Pamela Dyson, Director/
Chief Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE, Washington, DC 20549, or send an email
to: [email protected].

    Dated: May 1, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-09691 Filed 5-7-18; 8:45 am]
BILLING CODE 8011-01-P