[Federal Register Volume 83, Number 125 (Thursday, June 28, 2018)]
[Rules and Regulations]
[Pages 30345-30348]
[FR Doc No: 2018-13899]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0105]
RIN 1625-AA87

Security Zone; Seattle's Seafair Fleet Week Moving Vessels, Puget
Sound, WA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending its Seattle Seafair Fleet Week
Moving Vessel Security Zone regulation. In response to public comment,
we are not finalizing our proposal to remove existing language about a
published notice identifying the designated participating vessels.
However, last minute changes to the participating vessels in the Parade
of Ships during Fleet Week may cause the published notice to become
outdated after publication. In that case the Coast Guard will use
actual notice to enforce a security zone around participating vessels,
as well as other methods of informing the public about changes, and we
have amended the regulation to reflect the possibility of changes.

DATES: This rule is effective July 30, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0105 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Zachary Spence, Sector Puget Sound
Waterways Management Branch, U.S. Coast Guard; telephone<PHONE_NUMBER>,
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On July 10, 2012 (77 FR 40521), the Coast Guard Captain of the
Port, Sector Puget Sound, published a final rule that became effective
Aug. 1, 2012; the Seattle's Seafair Fleet Week Moving Vessels security
zone. On April 6, 2018, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled Security Zone; Seattle's Seafair Fleet Week
Moving Vessels, Puget Sound, WA (83 FR 14801) in which we proposed to
amend the current final rule. There we stated why we issued the NPRM,
and invited comments on our proposed regulatory action. During the
comment period that ended May 21, 2018, we received three written
submissions.

III. Legal Authority and Need for Rule

    The Coast Guard is amending its Seattle Seafair Fleet Week Moving
Vessel Security Zone regulation, 33 CFR 165.1333, under authority in 33
U.S.C. 1231. In past years, some of the designated participating
vessels which required the security zone have been rescheduled at the
last moment due to operational needs, and as a result, the changes
precluded the Coast Guard from providing sufficient notice of which
vessels are participating in the parade of ships in the Federal
Register. The amended regulation will allow the Coast Guard to publish
dates and times of the Parade of Ships in the Federal Register and
Local Notice to Mariners, and of the designated participating vessels
it is aware of at the time it issues the notice, and provide that
actual notice will be used to enforce the security zone around any
vessels designated after the notice has been issued. Further, for the
reasons discussed above, the amended regulation will require that the
Coast Guard publish the above information before the beginning of the
Parade of Ships instead of the three days currently provided for in the
regulation. The names of the designated vessels will also be published
in a Broadcast Notice to Mariners.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received three written submissions on our NPRM
published April 6, 2018. The first commenter requested to stop the
Russian and Chinese fishing ships from fishing within the U.S.
Exclusive Economic Zone. As this comment does not relate to this
rulemaking, no response is required. The second commenter requested the
Agency stop

wasting water from several of the Snake River hydroelectric dams that
provide power and water for the navigation of vessel traffic for the
region. This comment also does not relate the subject matter of this
rulemaking and no response is required.
    The third commenter provided a number of different concerns, each
of which we address in turn as follows.
    First, the commenter provided that the Thirteenth Coast Guard
District failed to contact ``interested community groups'' as
recommended by the Office for Civil Rights and Civil Liberties, U.S.
Department of Homeland Security, prior to implementation of exclusion
zones. As noted by the commenter, the Coast Guard published a notice of
proposed rulemaking in the Federal Register, providing notice of a
proposed change of the notice of an annual security zone.
    Second, the commenter provided that the Parade of Ships fails to
comply with 33 CFR 100.15, which details the procedures for submission
of a marine event permit, and that the event had never been conducted
in a lawful manner. The Coast Guard has determined that in light of the
existing regulations in place, such as the Naval Vessel Protection Zone
in 33 CFR 165.2030, and the subject regulation, 33 CFR 165.1333, the
Parade of Ships will not introduce extra or unusual hazards to the
safety of life on the navigable waters of the United States such that a
marine event permit would be required under 33 CFR 100.15. The
commenter provided a discussion on the information required in a marine
event permit application. As the discussion on what is required in a
marine event permit does not relate to the proposed amendments to 33
CFR 165.1333, no further response is required.
    Third, the commenter provided that proposed revisions to 33 CFR
165.1333 are actually due to previous Coast Guard errors instead of
changing schedules, because it appears from prior correspondence with
the Coast Guard that the Coast Guard may have mistakenly left out U.S.
Navy vessels from the applicability of this zone. Naval Vessel
Protection Zones under 33 CFR 165.2030 apply to large U.S. Navy
vessels, which have historically participated in the Parade of Ships.
As stated in the NPRM for the regulatory change we proposed, the reason
why this rule is being amended is due to last minute changes in the
vessels participating in the Parade of Ships due to operational needs.
Based on this comment, however, we have decided to make a change from
our proposed amendment to Sec.  165.1333. We are amending Sec.
165.1333(a) to explain that the Coast Guard may use actual notice to
enforce security zones around participating vessels not included in the
notice, in situations when due to operational needs there is a change
after the notice has been issued and the COTP needs to add a vessel to
the list of designated participating vessels. In those situations the
Coast Guard will also announce any such changes in the Local Notice to
Mariners. The reference to actual notice reflects existing authorities
and enforcement practices, but we hope that stating it in the Code of
Federal Regulations will be helpful. The change is within the scope of
the proposed rule, which envisioned using actual notice for security
zones around all participating vessels.
    The COTP does not designate large U.S. Navy vessels--those more
than 100 feet in length overall--that participate in the parade as
designated participating vessels because persons who violate the naval
vessel protection zone around those vessels, which are issued under 14
U.S.C. 91 authority, are already subject to penalties under 33 U.S.C.
1232. Whether a large U.S. Navy vessels is in Parade of Ships or not,
it will be surrounded by a naval vessel protection zone and persons
should comply with the provisions of that regulation.
    Fourth, the commenter provided that Broadcast Notice to Mariners
before and during the event is insufficient notice. The proposed
regulatory change provides that the security zones will be enforced
with actual notice which meets the standard set in 5 U.S.C. 552(a)(1).
The Coast Guard considered the commenter's concerns about receiving
Broadcast Notice to Mariners and, in response we revised the regulatory
text to include an email and a phone number which members of the public
can contact the Captain of the Port to receive an updated list of
participating vessels. Furthermore, the Coast Guard actively conducts
outreach to those participating in planned First Amendment activities
related to the Parade of Ships so as to ensure the safety of all
participants, and that participants of such activities are aware of all
means to obtain the names of the vessels to which regulations apply.
    Fifth, the commenter provided that an accurate list of vessels in
the Parade of Ships is essential for vessel operators engaged in First
Amendment activities. The Coast Guard concurs with this comment, but
has pointed to the problem of last-minute changes making this objective
difficult to achieve. Instead of eliminating the notice identifying
participating vessels, as proposed, we will use actual notice to
enforce security zones around vessels designated after the notice has
been issued. In addition to actual notice, the Coast Guard will
broadcast the names of the vessels to which the security zone applies
using a Broadcast Notice to Mariners.
    Sixth, the commenter provided that the Coast Guard's fear of free
speech activities is irrational. The Coast Guard's rule amends the
manner in which notice will be provided as to which vessels will have a
security zone during the annual Parade of Ships during Fleet Week. The
Coast Guard strives to ensure that free speech activities are respected
and accommodated.
    Seventh, the commenter provided that the Coast Guard should require
an application for the maritime event, pursuant to 33 CFR 100.15, as it
might allow for citizens to comment on the entire event in a meaningful
way. The Coast Guard's position with respect to marine event permits
can be found in the response to this commenter's second comment.
Citizens may comment on the event in any way that is provided for under
the protections of the First Amendment.
    Eighth, the commenter provided that proposed revisions to 33 CFR
165.1333 expand restricted zones in Elliot Bay. The proposed amendment
to 33 CFR 165.1333 did not expand the geographic size nor timeframe of
the security zone.
    After considering all the foregoing comments, the Coast Guard
amended paragraph (a) of the regulatory text to maintain the notice
while adding a provision providing for the Coast Guard to use actual
notice for any vessels designated as participating vessels after the
notice is issued. This maintains the notice but clarifies that we can
address last minute changes to participating vessels because of
operational needs. We also amended paragraph (e) to reflect additional
methods of obtaining an up to date list of participating vessels, and
we included both the date and times of the period that the regulation
will be enforced, as opposed to just the date.
    This rule amends the way in which the Coast Guard informs the
public of the Seattle Seafair Fleet Week Parade. In order to provide
notice to the public regarding the vessels requiring the security
zones, the Coast Guard will continue to publish a notice in the Federal
Register identifying designated participating vessels. We will also
list in those notices the times, in addition to the dates, that the
security zones will be enforced. We will use actual notice to make
persons aware of changes to the notice identifying designated
participating vessels and we will

identify all designated participating vessels, included those added
late, in both Local Notice to Mariners and Broadcast Notice to
Mariners.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the fact that this
rule only changes the means by which the public will be notified about
the security zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive
Order13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
amending the way in which the Coast Guard will notify the public which
vessels are designated participants in Seattle's Seafair Fleet Week. It
is categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A
Record of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Amend Sec.  165.1333 by revising paragraphs (a) and (e) to read as
follows:

Sec.  165.1333   Security Zones, Seattle's Seafair Fleet Week moving
vessels, Puget Sound, WA.

    (a) Location. The following areas are security zones: All navigable
waters within 500 yards of each designated participating vessel in the
Parade of Ships while each such vessel is in the Sector Puget Sound
Captain of the Port (COTP) zone, as defined in 33 CFR 3.65-10, during a
time specified in paragraph (e) of this section. The Coast Guard will
publish a notice in the Federal Register each year before the start of
the Seattle Seafair Fleet Week to identify the designated participating
vessels for that year. Should information in the notice change after
publication, as it may for operational reasons, the Coast Guard will
use actual notice to enforce security zones around participating
vessels not in the published notice. The Coast Guard will also provide
this information in the Local Notice to Mariners.
* * * * *
    (e) Annual enforcement period. The security zones described in
paragraph (a) of this section will be enforced during Seattle Seafair
Fleet Week each year for a period of up to 1 week. The Seattle Seafair
Fleet Week will occur annually sometime between July 25 and August 14.
The annual notice published in the Federal Register identifying the
designated participating vessels will contain the dates and times that
this section will be enforced. The Coast Guard will issue a Broadcast
Notice to Mariners before the start of the Seattle Seafair Fleet Week
to identify the designated participating vessels for that year. In
addition, members of the public may contact the Sector Puget Sound COTP
at<PHONE_NUMBER> for a list of participating vessels.

    Dated: June 22, 2018.
M.M. Balding,
Captain, U.S. Coast Guard, Acting Captain of the Port Puget Sound.
[FR Doc. 2018-13899 Filed 6-27-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 230 (Friday, December 1, 2017)]
[Notices]
[Pages 56984-56985]
[FR Doc No: 2017-25933]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2017-0035 ]

Notice of Utilization of Streamlined Procedures for Environmental
Assessments Associated With Hurricanes Harvey, Irma, Maria, and Nate

AGENCY: Federal Emergency Management Agency; Department of Homeland
Security.

ACTION: Notice.

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SUMMARY: As a result of recent unprecedented hurricanes, disasters have
been declared for areas affected by Hurricanes Harvey, Irma, Maria, and
Nate. Due to the catastrophic damages caused by these hurricanes, FEMA
must have a more efficient and streamlined procedure for achieving
compliance under the National Environmental Policy Act (NEPA) during
multiple, simultaneous, recovery missions for the provision of disaster
assistance under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, including Individual Assistance, Public Assistance, and
Hazard Mitigation Assistance. After assessing the scale of current
recovery operations, and identifying the critical need for timely
rebuilding of the affected communities, FEMA, in consultation with the
Department of Homeland Security, determined that exigent circumstances
exist. As a result of these exigent circumstances, FEMA may utilize the
streamlined procedures outlined in this notice for those activities
that require an Environmental Assessment.

ADDRESSES: For access to the docket to read background documents, go to
the Federal eRulemaking Portal at http://www.regulations.gov and search
for the docket ID. Documents may also be inspected at FEMA, Office of
Chief Counsel, Room 8NE, 500 C Street SW., Washington, DC 20472.

FOR FURTHER INFORMATION CONTACT: Ms. Katherine Zeringue,
[email protected].

SUPPLEMENTARY INFORMATION: As a result of unprecedented damages from
2017 Hurricane Season, federal disasters were declared for multiple
areas affected by Hurricanes Harvey, Irma, Maria and Nate. Due to the
catastrophic damages caused by these hurricanes, it is critical that
FEMA create a more efficient and streamlined procedure for NEPA
compliance for multiple, simultaneous, recovery missions and the
provision of disaster assistance under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 4121 et seq., including
Individual Assistance, Public Assistance, and Hazard Mitigation
Assistance. After assessing the scale of the recovery operations, and
the need for the timely rebuilding of all of the affected communities,
FEMA, in consultation with the Department of Homeland Security (DHS),
determined that exigent circumstances exist. As a result of these
exigent circumstances, FEMA may utilize streamlined procedures for
those activities that require an Environmental Assessment (EA) under
NEPA. The streamlined NEPA procedures may include any or all of the
following:
    (1) The public involvement process for EAs associated with
Hurricanes Harvey, Irma, Maria, and Nate may be condensed to more
efficiently complete NEPA review [DHS Instruction Manual 023-01-001-01,
Rev 1 Section V.C (7)]. Public review and comment periods may vary
depending upon the urgency of the action. FEMA may provide for a 3-day
comment period for the following actions:
     Group Housing Sites
     Interim and/or temporary facilities for:
    [cir] Hospitals and health care facilities;
    [cir] schools and day care centers;
    [cir] utilities and wastewater treatment plants;
    [cir] police and fire stations;
    [cir] government and court facilities;
    [cir] detention centers and jailhouses; and
    [cir] transportation facilities.

FEMA may provide for a 14-day comment period for all other actions
associated with Hurricanes Harvey, Irma, Maria and Nate. Public
comments to the EAs can be submitted via phone or email. Specific
contact information will be provided in each individual EA.
    (2) FEMA may favor electronic media rather than other forms of
media for notifications to the public because traditional media may no
longer be available to affected communities, take longer to prepare, or
add additional cost. Electronic notifications may reach a broader
audience, since affected communities may be displaced or away from
their traditional access points for local information (such as the U.S.
Postal Service or local libraries that may be affected by the
disaster). FEMA will continue use of the Unified Federal Review for
notification to Other Federal Agencies that may have an interest in a
relevant project.
    (3) Unless other action alternatives are readily available, FEMA
may focus EA level analysis and documentation on the ``No Action'' and
``Proposed Action'' alternatives (40 CFR 1508.9, Sec. 102; 42 U.S.C.
4332). FEMA's action is often to approve or deny requests for federal
disaster assistance, from affected communities. This means that FEMA's
``Proposal'' or proposed action occurs when FEMA is considering a grant
application or application for assistance.
    (4) FEMA may discuss resource areas in detail only if it determines
that there is a potential impact to the resources, rather than
following the procedure outlined in FEMA Instruction 108-1 Section
3.4(C)(4) that requires FEMA to address in detail the Endangered
Species Act (ESA), the National Historic Preservation Act (NHPA),
Executive Order 11988, Executive Order 11990, and Executive Order 12898
in its EAs regardless of the potential for impact to these resources.
These streamlined procedures will supersede the requirement in FEMA's
Instruction and allow FEMA to identify, and eliminate from detailed
study, the issues that are not significant (40 CFR 1501.7).
    The above changes, along with other internal efficiencies that FEMA
may employ to comply with NEPA, such as document templates and analysis
and reference tools, will allow FEMA to balance concise environmental
reviews with open communication and the opportunity for meaningful
public input in the decision making process. It also allows the public
the opportunity to participate in FEMA's NEPA process and receive
timely assistance and grants. FEMA acknowledges that the

2017 Atlantic Hurricane Season is still underway, and it may be
necessary to re-issue this notification in the future.
    The changes FEMA may employ for the recovery efforts for Hurricanes
Harvey, Irma, Maria and Nate do not affect the requirements of any
other environmental or historic preservation laws, regulations, or
executive orders. This notice addresses FEMA's requirements under DHS
Instruction Manual 023-01-001-01 Rev 1 Sections V. C (7) and VII M (1-
3) and provides the public with sufficient notice of FEMA's intent to
expedite federal assistance by reducing typical, but not required,
public input timeframes. The Streamlined Procedures for Environmental
Assessments under NEPA is available for reviewing at
www.regulations.gov under FEMA-2017-0035. FEMA and DHS will post this
notice and will provide any updates to the public on its Web sites at:
https://www.fema.gov/fema-national-environmental-policy-act-streamlined-procedures and https://www.dhs.gov/national-environmental-policy-act.
    Authority: The authority for the streamlined procedures for
Environmental Assessments under the NEPA is derived from DHS
Instruction Manual 023-01-001-01 Rev 1 Section V. C (7).

    Dated: November 22, 2017.
Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2017-25933 Filed 11-30-17; 8:45 am]
 BILLING CODE 9111-46-P


[Federal Register: April 23, 2009 (Volume 74, Number 77)]
[Notices]
[Page 18597]
[DOCID:fr23ap09-69]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

Act Manufacturing, Inc., Aerovox, Inc. (n/k/a New Bedford
Capacitor, Inc.), Agility Capital, Inc., Air Water International Corp.
(f/k/a Universal Communications Systems, Inc.), Allegiant Physician
Services, Inc., and Alpha Microsystems, Inc. (n/k/a NQL, Inc.); Order
of Suspension of Trading

April 21, 2009.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Act Manufacturing, Inc. because it has not filed any periodic reports
since the period ended September 30, 2001.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Aerovox, Inc. (n/k/a New Bedford Capacitor, Inc.) because it has not
filed any periodic reports since the period ended March 31, 2001.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Agility Capital, Inc. because it has not filed any periodic reports
since the period ended June 30, 2002.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Air Water International Corp. (f/k/a Universal Communications Systems,
Inc.) because it has not filed any periodic reports since the period
ended June 30, 2006.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Allegiant Physician Services, Inc. because it has not filed any
periodic reports since the period ended June 30, 1996.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Alpha Microsystems, Inc. (n/k/a NQL, Inc.) because it has not filed any
periodic reports since the period ended September 30, 2001.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed companies is suspended for the period from 9:30 a.m. EDT
on April 21, 2009, through 11:59 p.m. EDT on May 4, 2009.

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-9418 Filed 4-21-09; 4:15 pm]

BILLING CODE 8010-01-P


[Federal Register Volume 86, Number 41 (Thursday, March 4, 2021)]
[Notices]
[Pages 12682-12683]
[FR Doc No: 2021-04497]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10020-31-ORD]

Ambient Air Monitoring Reference and Equivalent Methods;
Designation of One New Reference Method and One New Equivalent Method

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of the designation of one new reference method and one
new equivalent method for monitoring ambient air quality.

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SUMMARY: Notice is hereby given that the Environmental Protection
Agency (EPA) has designated one new reference method for measuring
concentrations of sulfur dioxide (SO2), and one new
equivalent method for measuring concentrations of particulate matter
(PM10) in ambient air.

FOR FURTHER INFORMATION CONTACT: Robert Vanderpool, Air Methods and
Characterization Division (MD-D205-03), Center for Environmental
Measurements and Modeling, U.S. EPA, Research Triangle Park, North
Carolina 27711. Phone:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In accordance with regulations at 40 CFR
part 53, the EPA evaluates various methods for monitoring the
concentrations of those ambient air pollutants for which EPA has
established National Ambient Air Quality Standards (NAAQS) as set forth
in 40 CFR part 50. Monitoring methods that are determined to meet
specific requirements for adequacy are designated by the EPA as either
reference or equivalent methods (as applicable), thereby permitting
their use under 40 CFR part 58 by States and other agencies for
determining compliance with the NAAQS. A list of all reference or
equivalent methods that have been previously designated by EPA may be
found at http://www.epa.gov/ttn/amtic/criteria.html.
    The EPA hereby announces the designation of one new reference
method for measuring concentrations of SO2 in ambient air
and one new equivalent method for measuring concentrations of
PM10 in ambient air. These designations are made under the
provisions of 40 CFR part 53, as amended on October 26, 2015 (80 FR
65291-65468).
    The new reference method for SO2 is an automated method
(analyzer) utilizing the measurement principle based on UV
fluorescence. This newly designated reference method is identified as
follows:
    RFSA-1120-257, ``KENTEK Inc. Model MEZUS 110 SO2
Analyzer,'' UV fluorescence analyzer operated in a range of 0-0.5 ppm,
with 0.5 [micro]m, 47 mm diameter Teflon[supreg] filter installed,
operated at temperatures between 20[deg] C and 30[deg] C, at a nominal
sampling flow rate of 800 cc/min, using a 5 minute averaging time, with
either 105VAC-125VAC or 200VAC-240VAC input power options installed,
280-watt power consumption, equipped with 7 inch LCD touch screen
display, and operated according to the KENTEK Inc. Model Mezus 110
Sulfur Dioxide Analyzer User's Instruction Manual.
    This application for a reference method determination for this
SO2 method was received by the Office of Research and
Development on July 21, 2020. This analyzer is commercially available
from the applicant, KENTEK Inc., Hanshin S. Meca Room #526, 65 Techno
3-ro, Yuseong-gu, Daejeon, Republic of Korea, 34016.
    The new equivalent method for PM10 is an automated
method (monitor) utilizing the measurement principle based on Beta
Attenuation or [beta]-ray monitoring. This newly designated equivalent
method is identified as follows:
    EQPM-0121-258, ``Focused Photonics Inc. BPM-200 PM10
Monitor,'' [beta]-ray monitor operated in the following concentration
ranges: 0-1 mg/m\3\, 0-2 mg/m\3\, 0-5 mg/m\3\, or 0-10 mg/m\3\,
analyzing ambient conditions temperatures between -30[deg] C to 50[deg]
C, while the monitor can operate in a conditioned space between 0[deg]
C to 50[deg] C. The unit is operated for 24-hour average measurements,
with the FPI P/N<PHONE_NUMBER>X EPA PM10 inlet, glass fiber
filter tape with axial inner diameter of 40mm (GCY00003900), the 220VAC
50Hz power supply, the FPI P/N<PHONE_NUMBER>X Atmospheric Temperature
Unit, the<PHONE_NUMBER>X Air heating unit for maintaining moisture at
about 35% and no [Delta]T control, the FPI P/N GCX00013700 filter, the
FPI P/N<PHONE_NUMBER>X internal calibration device, 290508D00A Main Board,
and 2910510B00X Interface board display. Instrument must be operated in
accordance with the appropriate instrument manual and with software
(firmware) version AQMSPlus.P005.V01A.US001.
    This application for an equivalent method determination for this
PM10 method was received by the Office of Research and
Development on October 13, 2020. This monitor is commercially available
from the applicant, Focused Photonics Inc. (FPI), 760 Bin`an Road,
Binjiang District, Hangzhou, Zhejiang, China.

    Representative test analyzers have been tested in accordance with
the applicable test procedures specified in 40 CFR part 53, as amended
on October 26, 2015. After reviewing the results of those tests and
other information submitted by the applicants, EPA has determined, in
accordance with 40 CFR part 53, that these methods should be designated
as a reference or equivalent method.
    As a designated reference or equivalent method, these methods are
acceptable for use by states and other air monitoring agencies under
the requirements of 40 CFR part 58, Ambient Air Quality Surveillance.
For such purposes, each method must be used in strict accordance with
the operation or instruction manual associated with the method and
subject to any specifications and limitations (e.g., configuration or
operational settings) specified in the designated method description
(see the identification of the method above).
    Use of the method also should be in general accordance with the
guidance and recommendations of applicable sections of the ``Quality
Assurance Handbook for Air Pollution Measurement Systems, Volume I,''
EPA/600/R-94/038a and ``Quality Assurance Handbook for Air Pollution
Measurement Systems, Volume II, Ambient Air Quality Monitoring
Program,'' EPA-454/B-13-003, (both available at http://www.epa.gov/ttn/amtic/qalist.html). Provisions concerning modification of such methods
by users are specified under Section 2.8 (Modifications of Methods by
Users) of Appendix C to 40 CFR part 58.
    Consistent or repeated noncompliance with any of these conditions
should be reported to: Director, Air Methods and Characterization
Division (MD-D205-03), Center for Environmental Measurements and
Modeling, U.S. Environmental Protection Agency, Research Triangle Park,
North Carolina 27711.
    Designation of these reference and equivalent methods is intended
to assist the States in establishing and operating their air quality
surveillance systems under 40 CFR part 58. Questions concerning the
commercial availability or technical aspects of the methods should be
directed to the applicants.

Timothy Watkins,
Director, Center for Environmental Measurements and Modeling.
[FR Doc. 2021-04497 Filed 3-3-21; 8:45 am]
BILLING CODE P


[Federal Register Volume 85, Number 41 (Monday, March 2, 2020)]
[Notices]
[Page 12288]
[FR Doc No: 2020-04228]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R07-OW-2020-0061; FRL-10005-74-Region 7]

Notice of Approval of the Primacy Revision Application for the
Public Water Supply Supervision Program From the State of Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of approval and solicitation of requests for a public
hearing.

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SUMMARY: The Environmental Protection Agency (EPA) is hereby giving
notice that the state of Missouri is revising its approved Public Water
Supply Supervision Program delegated to the Missouri Department of
Natural Resources (MDNR). EPA has reviewed the application and intends
to approve these program revisions.

DATES: This determination to approve the Missouri program revision is
made pursuant to 40 CFR 142.12(d)(3). This determination shall become
final on April 1, 2020, unless (1) a timely and appropriate request for
a public hearing is received or (2) the Regional Administrator elects
to hold a public hearing on his own motion. Any interested person,
other than Federal Agencies, may request a public hearing.
    A request for a public hearing must be submitted to the Regional
Administrator at the address shown below by April 1, 2020. If a request
for a public hearing is made within the requested thirty-day time
frame, a public hearing will be held and a notice will be given in the
Federal Register and a newspaper of general circulation. Frivolous or
insubstantial requests for a hearing may be denied by the Regional
Administrator. If no timely and appropriate request for a hearing is
received, and the Regional Administrator does not elect to hold a
hearing on his own motion, this determination will become final on
April 1, 2020.
    All interested parties may request a public hearing on the approval
to the Regional Administrator at the EPA Region 7 address shown below.

ADDRESSES: Requests for public hearing shall be addressed to: Regional
Administrator, Environmental Protection Agency, Region 7, 11201 Renner
Boulevard, Lenexa, Kansas 66219.

FOR FURTHER INFORMATION CONTACT: Samantha Harden, Environmental
Protection Agency, Region 7, Groundwater and Drinking Water Branch,
(913) 551-7723, or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The EPA is hereby giving notice that the
state of Missouri is revising its approved Public Water Supply
Supervision Program. MDNR revised their program by incorporating the
following EPA National Primary Drinking Water Regulations: Lead and
Copper: Short-Term Regulatory Revisions and Clarifications (72 FR
57781, October 10, 2007) and Revised Total Coliform Rule (78 FR 10269,
February 13, 2013). The EPA has determined that MDNR's program
revisions are consistent with and no less stringent than Federal
regulations. Therefore, EPA intends to approve these program revisions.

Public Hearing Requests

    Any request for a public hearing shall include the following
information: (1) Name, address and telephone number of the individual,
organization or other entity requesting a hearing; (2) a brief
statement of the requesting person's interest in the Regional
Administrator's determination and a brief statement on information that
the requesting person intends to submit at such hearing; (3) the
signature of the individual making the request or, if the request is
made on behalf of an organization or other entity, the signature of a
responsible official of the organization or other entity. Requests for
public hearing shall be addressed to: Regional Administrator,
Environmental Protection Agency, Region 7, 11201 Renner Boulevard,
Lenexa, Kansas 66219.
    All documents relating to this determination are available for
inspection between the hours of 9:00 a.m. and 3:00 p.m., Monday through
Friday at the following offices: (1) Environmental Protection Agency,
Region 7, Groundwater and Drinking Water Branch, Water Division, 11201
Renner Boulevard, Lenexa, Kansas 66219 and (2) the Missouri Department
of Natural Resources, P.O. Box 176, Jefferson City, MO 65102.

    Authority: Section 1413 of the Safe Drinking Water Act, as
amended, and 40 CFR 142.10, 142.12(d) and 142.13.

    Dated: February 25, 2020.
James Gulliford,
Regional Administrator, Region 7.
[FR Doc. 2020-04228 Filed 2-28-20; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 193 (Friday, October 6, 2023)]
[Notices]
[Page 69632]
[FR Doc No: 2023-22304]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL OP-OFA-089]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or https://www.epa.gov/nepa.

Weekly receipt of Environmental Impact Statements (EIS)
Filed September 25, 2023 10 a.m. EST Through October 2, 2023 10 a.m.
EST Pursuant to 40 CFR 1506.9.

    Notice: Section 309(a) of the Clean Air Act requires that EPA make
public its comments on EISs issued by other Federal agencies. EPA's
comment letters on EISs are available at: https://cdxapps.epa.gov/cdx-enepa-II/public/action/eis/search.

EIS No. 20230131, Draft, USAF, MS, T-7A Recapitalization at Columbus
Air Force Base, Mississippi, Comment Period Ends: 11/20/2023, Contact:
Chinling Chen<PHONE_NUMBER>.
EIS No. 20230132, Draft, BOEM, MD, Maryland Offshore Wind, Comment
Period Ends: 11/20/2023, Contact: Lorena Edenfield<PHONE_NUMBER>.
EIS No. 20230133, Final, BOEM, PRO, 2024-2029 National Outer
Continental Shelf Oil and Gas Leasing Program, Review Period Ends: 11/
06/2023, Contact: Dr. Jill Lewandowski<PHONE_NUMBER>.

    Dated: October 2, 2023.
Cindy S. Barger,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2023-22304 Filed 10-5-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 117 (Tuesday, June 20, 2023)]
[Rules and Regulations]
[Pages 39770-39776]
[FR Doc No: 2023-13023]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2021-0448; FRL-10570-01-OCSPP]

Trifloxystrobin; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of
trifloxystrobin in or on multiple crops that are discussed later in
this document. Interregional Research Project Number 4 (IR-4) requested
these tolerances under the Federal Food, Drug, and Cosmetic Act
(FFDCA).

DATES: This regulation is effective June 20, 2023. Objections and
requests for hearings must be received on or before August 21, 2023,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2021-0448, is available at
https://www.regulations.gov or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket) in the Environmental Protection
Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg.,
Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460-0001. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room and the OPP Docket is<PHONE_NUMBER>. For the latest
status information on EPA/DC services, docket access, visit https://www.epa.gov/dockets.

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

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

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

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

    You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Office of the
Federal Register's e-CFR site at https://www.ecfr.gov/current/title.

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

    Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file
an objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2021-0448 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing and must be received by the Hearing Clerk on or before
August 21, 2023. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b), although the Office
of the Administrative Law Judges, which houses the Hearing Clerk,
encourages parties to file objections and hearing requests
electronically. See https://www.epa.gov////-05//2020-04-10_-_order_urging_electronic_service_and_filing.pdf.
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information

(CBI)) for inclusion in the public docket. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit the non-CBI copy of your objection or
hearing request, identified by docket ID number EPA-HQ-OPP-2021-0448,
by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov//where-send-comments-epa-dockets.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of October 21, 2021 (86 FR 58239) (FRL-
8792-04-OCSPP), EPA issued a document pursuant to FFDCA section
408(d)(3), 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide
petition (PP 1E8931) by IR-4, North Carolina State University, 1730
Varsity Drive, Venture IV, Suite 210, Raleigh, NC 27606. The petition
requested that 40 CFR 180.555 be amended by establishing tolerances for
residues of trifloxystrobin, methyl ([alpha]E)-[alpha]-(methoxyimino)-
2-[[[[(1E)-1-[3-(trifluoromethyl)phenyl]
ethylidene]amino]oxy]methyl]benzeneace, in or on the raw agricultural
commodities Brassica, leafy greens, subgroup 4-16B at 30 parts per
million (ppm); Celtuce at 9 ppm; Fennel, Florence, fresh leaves and
stalk at 9 ppm; Fruit, citrus, group 10-10 at 0.6 ppm; Fruit, pome,
group 11-10 at 0.7 ppm; Fruit, stone, group 12-12 at 3 ppm; Kohlrabi at
2 ppm; Leafy greens subgroup 4-16A at 30 ppm; Leaf petiole vegetable
subgroup 22B at 9 ppm; Nut, tree, group 14-12 at 0.04 ppm; Onion, bulb,
subgroup 3-07A at 0.04 ppm; Onion, green, subgroup 3-07B at 1.5 ppm;
Spice group 26 at 30 ppm; Vegetable, Brassica, head and stem, group 5-
16 at 2 ppm; Vegetable, fruiting, group 8-10 at 0.5 ppm; Individual
crops of Proposed Subgroup 6-XXA: Edible podded bean legume vegetable
subgroup at 1.5 ppm; Individual crops of Proposed Subgroup 6-XXE: Dried
shelled bean, except soybean, subgroup at 0.06 ppm; and Individual
commodities of Proposed Crop Subgroup 6-XXF: Dried shelled pea subgroup
at 0.2 ppm. Due to the length of the list of commodities, please refer
to the document EPA issued in the Federal Register on October 21, 2021,
for a complete list of the tolerances requested.
    The petition also proposed to remove established tolerances for
residues of trifloxystrobin in or on the following: Brassica, head and
stem, subgroup 5A at 2.0 ppm; Brassica, leafy greens, subgroup 5B at 30
ppm; Fruit, citrus, group 10 at 0.6 ppm; Fruit, pome at 0.5 ppm; Fruit,
stone, group 12 at 2 ppm; Leaf petioles subgroup 4B at 9.0 ppm; Leafy
greens, subgroup 4A at 30 ppm; Nut, tree, group 14 at 0.04 ppm; Pea and
bean, dried shelled, except soybean, subgroup 6C at 0.06 ppm; Pistachio
at 0.04 ppm; Vegetable, fruiting at 0.5 ppm.
    That document referenced a summary of the petition, which is
available in the docket, https://www.regulations.gov. No substantive
comments were submitted in response to this petition.
    Based upon review of the data supporting the petition and in
accordance with its authority under FFDCA section 408(d)(4)(A)(i), EPA
is establishing tolerances for three subgroups in the recently revised
Legume vegetable crop group 6-22 instead of the specific commodities in
those subgroups as requested by the petitioner. See the Federal
Register of September 21, 2022 (87 FR 57627) (FRL-5031-13-OCSPP).

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
    Consistent with FFDCA section 408(b)(2)(D), and the factors
specified therein, EPA has reviewed the available scientific data and
other relevant information in support of this action. EPA has
sufficient data to assess the hazards of and to make a determination on
aggregate exposure for trifloxystrobin including exposure resulting
from the tolerances established by this action. EPA's assessment of
exposures and risks associated with trifloxystrobin follows.
    In an effort to streamline its publications in the Federal
Register, EPA is not reprinting sections that repeat what has been
previously published for tolerance rulemaking of the same pesticide
chemical. Where scientific information concerning a particular chemical
remains unchanged, the content of those sections would not vary between
tolerance rulemaking, and EPA considers referral back to those sections
as sufficient to provide an explanation of the information EPA
considered in making its safety determination for the new rulemaking.
    EPA has previously published a number of tolerance rulemakings for
trifloxystrobin, in which EPA concluded, based on the available
information, that there is a reasonable certainty that no harm would
result from aggregate exposure to trifloxystrobin and established
tolerances for residues of that chemical. EPA is incorporating
previously published sections of those rulemakings that remain
unchanged, as described further in this rulemaking. Specific
information on the risk assessment conducted in support of this action,
including on the studies received and the nature of the adverse effects
caused by trifloxystrobin, can be found in the document titled
``Trifloxystrobin. Human Health Risk Assessment for Proposed New Uses
on Bulb Onion (Subgroup 3-07A), Green Onion (Subgroup 3-07B), and
Individual Commodities of Proposed Subgroup 6-XXA, E, and F, and for
Crop Group Conversions and Expansions'' which is available in the
docket for this action at https://www.regulations.gov.
    Toxicological profile. For a discussion of the Toxicological
Profile of trifloxystrobin, see Unit III.A. of the trifloxystrobin
tolerance rulemaking published in the Federal Register of February 15,
2019 (84 FR 4340) (FRL-9985-23).
    Toxicological points of departure/Levels of concern. For a summary
of the Toxicological Points of Departure/Levels of Concern used for the
safety

assessment, see Unit III.B. of the February 15, 2019, rulemaking.
    Exposure assessment. Much of the exposure assessment remains the
same since the February 15, 2019, and January 11, 2022 (87 FR 1363)
(FRL-9086-01-OCSPP) rulemakings, although the new exposure assessment
incorporates additional dietary exposures from the petitioned-for
tolerances. These updates are discussed in this section; for a
description of the rest of EPA's approach to and assumptions for the
exposure assessment, see Unit III.C in the February 15, 2019, and Unit
III in the January 11, 2022, rulemaking.
    EPA's acute and chronic dietary (food and drinking water) exposure
assessments have been updated to include the exposure from residues of
trifloxystrobin on the commodities identified in this action as well as
exposure from existing tolerances. The dietary exposure and risk
assessment was conducted using the Dietary Exposure Evaluation Model
software with the Food Commodity Intake Database (DEEM-FCID) Version
4.02. This software uses 2005-2010 food consumption data from the U.S.
Department of Agriculture's (USDA's) National Health and Nutrition
Examination Survey, What We Eat in America (NHANES/WWEIA). The acute
dietary assessment used tolerance-level residues, 100 percent crop
treated (PCT) and default processing factors. A partially refined
chronic dietary exposure and risk assessment was conducted. Chronic
dietary assumptions included average field trial residues for selected
crops (subgroups 4A and 4B, subgroups 5A and 5B, crop group 26, apples,
and rice); tolerance-level residues for all other crop commodities;
empirical and default processing factors; and some PCT data.
    Anticipated residue and PCT information. Section 408(b)(2)(E) of
FFDCA authorizes EPA to use available data and information on the
anticipated residue levels of pesticide residues in food and the actual
levels of pesticide residues that have been measured in food. If EPA
relies on such information, EPA must require pursuant to FFDCA section
408(f)(1) that data be provided 5 years after the tolerance is
established, modified, or left in effect, demonstrating that the levels
in food are not above the levels anticipated. For the present action,
EPA will issue such data call-ins as are required by FFDCA section
408(b)(2)(E) and authorized under FFDCA section 408(f)(1). Data will be
required to be submitted no later than 5 years from the date of
issuance of these tolerances.
    Section 408(b)(2)(F) of FFDCA states that the Agency may use data
on the actual percent of food treated for assessing chronic dietary
risk only if:
     Condition a: The data used are reliable and provide a
valid basis to show what percentage of the food derived from such crop
is likely to contain the pesticide residue.
     Condition b: The exposure estimate does not underestimate
exposure for any significant subpopulation group.
     Condition c: Data are available on pesticide use and food
consumption in a particular area, and the exposure estimate does not
understate exposure for the population in such area.
    In addition, the Agency must provide for periodic evaluation of any
estimates used. To provide for the periodic evaluation of the estimate
of PCT as required by FFDCA section 408(b)(2)(F), EPA may require
registrants to submit data on PCT.
    The following average percent crop treated estimates were used in
the chronic dietary risk assessment for the following crops that are
currently registered for trifloxystrobin: almonds: 20%, apples: 35%,
apricots: 15%, cabbage: <2.5%, cantaloupes: 2.5%, carrots: 2.5%,
cauliflower: <1%, celery: 25%, cherries: 45%, corn: <2.5%, cotton: <1%,
cucumbers: <2.5%, dry beans/peas: <1%, grapefruit: 35%, grapes, table:
50%; grapes, raisin: 25%, grapes, wine: 25%, hazelnuts: 70%, lemons:
<1%, lettuce: <1%, nectarines: 15%, oranges: 10%, peaches: 10%,
peanuts: 5%, pears: 15%, pecans: 15%, peppers: <2.5%, pistachios: 10%,
plums: 5%, potatoes: <1%, prunes: <1%, pumpkins: 5%, rice: 15%,
soybeans: <2.5%, squash: <2.5%, strawberries: 15%, sugar beets: 5%,
sweet corn: <1%, tangerines: 5%, tomatoes: <1%, watermelons: 5%, wheat:
<2.5%. One hundred PCT was assumed for the remaining commodities.
    In most cases, EPA uses available data from United States
Department of Agriculture/National Agricultural Statistics Service
(USDA/NASS), proprietary market surveys, and California Department of
Pesticide Regulation (CalDPR) Pesticide Use Reporting (PUR) for the
chemical/crop combination for the most recent 10 years. EPA uses an
average PCT for chronic dietary risk analysis and a maximum PCT for
acute dietary risk analysis. The average PCT figure for each existing
use is derived by combining available public and private market survey
data for that use, averaging across all observations, and rounding to
the nearest 5%, except for those situations in which the average PCT is
less than 1% or less than 2.5% as the average PCT value, respectively.
In those cases, the Agency would use 1% or 2.5% as the average PCT
value, respectively. The maximum PCT figure is the highest observed
maximum value reported within the most recent 10 years of available
public and private market survey data for the existing use and rounded
up to the nearest multiple of 5%, except where the maximum PCT is less
than 2.5%, in which case, the Agency uses 2.5% as the maximum PCT.
    The Agency believes that Conditions a, b, and c discussed above
have been met. With respect to Condition a, PCT estimates are derived
from Federal and private market survey data, which are reliable and
have a valid basis. The Agency is reasonably certain that the
percentage of the food treated is not likely to be an underestimation.
As to Conditions b and c, regional consumption information and
consumption information for significant subpopulations is taken into
account through EPA's computer-based model for evaluating the exposure
of significant subpopulations including several regional groups. Use of
this consumption information in EPA's risk assessment process ensures
that EPA's exposure estimate does not understate exposure for any
significant subpopulation group and allows the Agency to be reasonably
certain that no regional population is exposed to residue levels higher
than those estimated by the Agency. Other than the data available
through national food consumption surveys, EPA does not have available
reliable information on the regional consumption of food to which
trifloxystrobin may be applied in a particular area.
    Drinking water and non-occupational exposures. The estimated
drinking water concentrations (EDWCs) have been updated since the 2019
and 2022 rulemakings. The highest daily value of 436 ppb and a post-
breakthrough average of 356 ppb for trifloxystrobin total toxic
residues (TTR) in groundwater were used as residues in drinking water
for acute and chronic dietary risk analyses, respectively.
    The residential exposure assessment has not changed since the 2022
rulemaking. For a summary of the residential exposure analysis for
trifloxystrobin used for the human risk assessment, please reference
Unit III of the January 11, 2022, rulemaking.
    Cumulative exposure. Section 408(b)(2)(D)(v) of FFDCA requires
that, when considering whether to establish, modify, or revoke a
tolerance, the Agency consider ``available

information'' concerning the cumulative effects of a particular
pesticide's residues and ``other substances that have a common
mechanism of toxicity.'' Unlike other pesticides for which EPA has
followed a cumulative risk approach based on a common mechanism of
toxicity, EPA has not made a common mechanism of toxicity finding as to
trifloxystrobin and any other substances and trifloxystrobin does not
appear to produce a toxic metabolite produced by other substances. For
the purposes of this action, therefore, EPA has not assumed that
trifloxystrobin has a common mechanism of toxicity with other
substances.
    Safety factor for infants and children. EPA continues to conclude
that there are reliable data to support the reduction of the Food
Quality Protection Act (FQPA) safety factor from 10X to 1X for all
routes of exposure other than inhalation. The FQPA safety factor of 10X
has been retained for inhalation endpoints only to account for the lack
of the subchronic inhalation toxicity study for trifloxystrobin at this
time. See Unit III.D. of the February 15, 2019, rulemaking for a
discussion of the Agency's rationale for that determination.
    Aggregate risks and determination of safety. EPA determines whether
acute and chronic dietary pesticide exposures are safe by comparing
dietary exposure estimates to the acute population-adjusted dose (aPAD)
and chronic population-adjusted dose (cPAD). Short-, intermediate-, and
chronic-term aggregate risks are evaluated by comparing the estimated
total food, water, and residential exposure to the appropriate points
of departure to ensure that an adequate margin of exposure (MOE)
exists.
    Acute dietary (food and drinking water) risks are below the
Agency's level of concern of 100% of the aPAD: they are 3% of the aPAD
for females 13 to 49 years old, which is the only population subgroup
of concern. Chronic dietary (food and drinking water) risks are below
the Agency's level of concern of 100% of the cPAD: they are 79% of the
cPAD for infants less than 1 year old, which is the population subgroup
with the highest exposure estimate. The short-term aggregate risk for
the population subgroup with the highest total exposure (children 1 to
less than 2 years old) is an aggregate MOE of 124, which is above the
level of concern of 100 and not of concern. Short-term aggregate risk
calculations are protective of the intermediate-term duration of
exposure. Because trifloxystrobin is classified as ``not likely to be
carcinogenic to humans'', EPA has concluded that aggregate exposure to
trifloxystrobin is not likely to pose a cancer risk.
    Therefore, based on the risk assessments and information described
above, EPA concludes there is a reasonable certainty that no harm will
result to the general population, or to infants and children, from
aggregate exposure to trifloxystrobin residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    For a discussion of the available analytical enforcement method,
see Unit IV.A. of the February 15, 2019, rulemaking.

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4).
    The U.S. tolerances are harmonized with Codex MRLs for residues of
trifloxystrobin on pome fruits, and stone fruits. There are no Codex
MRLs for Brassica, leafy greens, subgroup 4-16B; celtuce; fruit,
citrus, group 10-10; Florence fennel; kohlrabi; onion, bulb, subgroup
3-07A; or spice group 26. For many of the rest of the crops covered by
this action, the majority of Codex MRLs are lower than the U.S.
tolerances (lettuce, spinach, celery, nuts, leek (which is in green
onion subgroup 3-07B), broccoli, broccoli Chinese, cauliflower,
Brussels sprouts, cabbage, cabbage savoy, edible podded beans). No
harmonization is possible for these commodities because decreasing the
tolerance to harmonize with the Codex MRL could put U.S. growers at
risk of violative residues despite legal use of trifloxystrobin. The
U.S. tolerance for the fruiting vegetables group is being established
at 0.5 ppm and is not being harmonized with the Codex MRLs for eggplant
and tomato (0.7 ppm) or bell pepper (0.3 ppm). Harmonization with the
bell pepper tolerance could lead to violative residues despite
compliance with approved label language. Moreover, EPA prefers to leave
tolerances for these commodities at 0.5 ppm, as that level harmonizes
with Canadian MRLs. The U.S. tolerances for dried beans and peas (0.06
ppm and 0.2 ppm, respectively) are not being harmonized with the Codex
MRLs for those same commodities (0.5 ppm and 1.5 ppm, respectively)
since the Codex MRLs are more than five times higher than the U.S.
tolerances. Harmonizing with the Codex MRLs would complicate the
ability to detect pesticide misuse. Moreover, the available residue
data support the lower tolerances for dried beans and peas.

V. Conclusion

    Therefore, tolerances are established for residues of
trifloxystrobin in or on Brassica, leafy greens, subgroup 4-16B at 30
ppm; Celtuce at 9 ppm; Fennel, Florence, fresh leaves and stalk at 9
ppm; Fruit, citrus, group 10-10 at 0.6 ppm; Fruit, pome, group 11-10 at
0.7 ppm; Fruit, stone, group 12-12 at 3 ppm; Kohlrabi at 2 ppm; Leaf
petiole vegetable subgroup 22B at 9 ppm; Leafy greens subgroup 4-16A at
30 ppm; Nut, tree, group 14-12 at 0.04 ppm; Onion, bulb, subgroup 3-07A
at 0.04 ppm; Onion, green, subgroup 3-07B at 1.5 ppm; Spice group 26 at
30 ppm; Vegetable, Brassica, head and stem, group 5-16 at 2 ppm;
Vegetable, fruiting, group 8-10 at 0.5 ppm; Vegetable, legume, bean,
edible podded, subgroup 6-22A at 1.5 ppm; Vegetable, legume, pulse,
bean, dried shelled, except soybean, subgroup 6-22E at 0.06 ppm; and
Vegetable, legume, pulse, pea, dried shelled, subgroup 6-22F at 0.2
ppm.
    Additionally, the established tolerances on Brassica, head and
stem, subgroup 5A; Brassica, leafy greens, subgroup 5B; Dill, seed;
Fruit, citrus, group 10; Fruit, pome; Fruit, stone, group 12; Leaf
petioles subgroup 4B; Leafy greens, subgroup 4A; Nut, tree, group 14;
Pea and bean, dried shelled, except soybean, subgroup 6C; Pistachio;
and Vegetable, fruiting, are removed as unnecessary.
    The tolerance for Vegetable, legume, edible podded, subgroup 6A
with footnote 4 indicating there are no U.S. registrations on this
commodity as of January 11, 2022, is removed as unnecessary. The edible
podded beans covered by the previous subgroup 6A tolerance are included
in the newly established tolerance Vegetable, legume, bean, edible
podded, subgroup 6-22A at 1.5 ppm, which supports a domestic use on
edible podded beans. Individual tolerances are established for the
edible podded peas that were covered by the previous subgroup 6A
tolerance: Pea, dwarf, edible podded; Pea, green, edible podded; Pea,
pigeon, edible podded; Pea, snap, edible podded; Pea, snow, edible
podded; and Pea, sugar snap, edible podded. Although green pea and snap
pea are not expressly identified in subgroup 6A, they are varieties
belonging to the Pisum genus, which is covered by subgroup 6A. These
edible

podded pea tolerances include footnote 4 indicating there are no U.S.
registrations for these commodities.

VI. Statutory and Executive Order Reviews

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

VII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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

    Dated: June 13, 2023.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, for the reasons stated in the preamble, EPA amends 40
CFR chapter 1 as follows:

PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
IN FOOD

0
1. The authority citation for part 180 continues to read as follows:

    Authority:  21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.555, revise the table in paragraph (a) to read as
follows:

Sec.  180.555  Trifloxystrobin; tolerances for residues.

    (a) * * *

                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Alfalfa, forage............................................         0.01
Alfalfa, hay...............................................         0.01
Almond, hulls..............................................          9.0
Apple, wet pomace..........................................          5.0
Artichoke, globe...........................................          1.0
Asparagus..................................................         0.07
Banana \1\.................................................         0.10
Barley, grain..............................................         0.05
Barley, hay................................................          0.3
Barley, straw..............................................          5.0
Beet, sugar, dried pulp....................................          0.4
Beet, sugar, molasses......................................          0.2
Beet, sugar, roots.........................................          0.1
Beet, sugar, tops..........................................          4.0
Berry, low growing subgroup 13-07G.........................          1.5
Brassica, leafy greens, subgroup 4-16B.....................           30
Caneberry, subgroup 13-07A \4\.............................            2
Canistel...................................................          0.7
Cattle, fat................................................          0.1
Cattle, meat...............................................          0.1
Cattle, meat byproducts....................................          0.1
Celtuce....................................................            9
Citrus, dried pulp.........................................          1.0
Citrus, oil................................................           38

Coffee, green bean \2\.....................................         0.02
Corn, field, forage........................................          8.0
Corn, field, grain.........................................         0.05
Corn, field, stover........................................            7
Corn, field, refined oil...................................          0.1
Corn, pop, grain...........................................         0.05
Corn, pop, stover..........................................            7
Corn, sweet, cannery waste.................................          0.6
Corn, sweet, forage........................................          7.0
Corn, sweet, kernel plus cob with husks removed............         0.04
Corn, sweet, stover........................................          4.0
Cotton, gin byproducts.....................................          3.0
Cottonseed subgroup 20C....................................         0.50
Currant \4\................................................            3
Egg........................................................         0.04
Fennel, Florence, fresh leaves and stalk...................            9
Flax, seed.................................................         0.40
Fruit, citrus, group 10-10.................................          0.6
Fruit, pome, group 11-10...................................          0.7
Fruit, small vine climbing, except fuzzy kiwifruit,                  2.0
 subgroup 13-07F...........................................
Fruit, stone, group 12-12..................................            3
Goat, fat..................................................          0.1
Goat, meat.................................................          0.1
Goat, meat byproducts......................................          0.1
Grain, aspirated fractions.................................           10
Grape, raisin..............................................          5.0
Grass, forage..............................................           12
Grass, hay.................................................           17
Herbs, subgroup 19A........................................          200
Hog, fat...................................................         0.05
Hog, meat..................................................         0.05
Hog, meat byproducts.......................................         0.05
Hop, dried cones...........................................         11.0
Horse, fat.................................................          0.1
Horse, meat................................................          0.1
Horse, meat byproducts.....................................          0.1
Kohlrabi...................................................            2
Leaf petiole vegetable subgroup 22B........................            9
Leafy greens subgroup 4-16A................................           30
Mango......................................................          0.7
Milk.......................................................         0.02
Nut, tree, group 14-12.....................................         0.04
Oat, forage................................................          0.3
Oat, grain.................................................         0.05
Oat, hay...................................................          0.3
Oat, straw.................................................          5.0
Onion, bulb, subgroup 3-07A................................         0.04
Onion, green, subgroup 3-07B...............................          1.5
Papaya.....................................................          0.7
Pea, dwarf, edible podded \4\..............................          1.5
Pea, field, hay............................................           15
Pea, field, vines..........................................            4
Pea, green, edible podded \4\..............................          1.5
Pea, pigeon, edible podded \4\.............................          1.5
Pea, snap, edible podded \4\...............................          1.5
Pea, snow, edible podded \4\...............................          1.5
Pea, sugar snap, edible podded\4\..........................          1.5
Pea and bean, succulent shelled, subgroup 6B \4\...........          0.2
Peanut, hay................................................          4.0
Peanut.....................................................         0.05
Poultry, fat...............................................         0.04
Poultry, meat..............................................         0.04
Poultry, meat byproducts...................................         0.04
Radish, tops...............................................           10
Rice, grain................................................          3.5
Rice, hulls................................................            8
Sapodilla..................................................          0.7
Sapote, black..............................................          0.7
Sapote, mamey..............................................          0.7
Sheep, fat.................................................          0.1
Sheep, meat................................................          0.1

Sheep, meat byproducts.....................................          0.1
Soybean, forage............................................         10.0
Soybean, hay...............................................         25.0
Soybean, seed..............................................         0.08
Spice group 26.............................................           30
Star apple.................................................          0.7
Tea, dried \3\.............................................            5
Tea, instant \3\...........................................            5
Tropical and subtropical, small fruit, edible peel,                  0.3
 subgroup 23A \4\..........................................
Vegetable, Brassica, head and stem, group 5-16.............            2
Vegetable, cucurbit, group 9...............................         0.50
Vegetable, fruiting, group 8-10............................          0.5
Vegetable, legume, bean, edible podded, subgroup 6-22A.....          1.5
Vegetable, legume, pulse, bean, dried shelled, except               0.06
 soybean, subgroup 6-22E...................................
Vegetable, legume, pulse, pea, dried shelled, subgroup 6-            0.2
 22F.......................................................
Vegetable, root, except sugar beet, subgroup 1B............          0.1
Vegetable, tuberous and corm, subgroup 1C..................         0.04
Wheat, bran................................................         0.15
Wheat, forage..............................................          0.3
Wheat, grain...............................................         0.05
Wheat, hay.................................................          0.2
Wheat, straw...............................................          5.0
------------------------------------------------------------------------
\1\ There are no U.S. registrations as of September 27, 1999, for use on
  banana.
\2\ There are no U.S. registrations as of January 18, 2012, for use on
  coffee, green bean.
\3\ There are no U.S. registrations as of June 24, 2019, for use on tea.
\4\ There are no U.S. registrations on this commodity as of January 11,
  2022.

* * * * *
[FR Doc. 2023-13023 Filed 6-16-23; 8:45 am]
BILLING CODE 6560-50-P