13920 Federal Register / Vol. 68, No. 55 / Friday, March 21, 2003 / Notices water, respectively. The modeling was conducted based on the environmental profile and the maximum seasonal application rate proposed for methoxyfenozide ( 1.0 lb active ingredient/ acre/ season). PRZM/ EXAMS was used to generate the surface water EECs, because it can factor the persistent nature of the chemical into the estimates. The EECs for assessing chronic aggregate dietary risk used by the Agency are 6 parts per billion ( ppb) in ground water, based on SCI GROW and 98.5 ppb in surface water, based on the PRZM/ EXAMS, long term mean. 2. Non dietary exposure. Methoxyfenozide is not currently registered for use on any residential non food sites. Therefore, there is no non dietary acute, chronic, short term or intermediate term exposure.

D. Cumulative Effects Section ( 408)( b)( 2)( D)( v) 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.'' EPA does not have, at this time, available data to determine whether methoxyfenozide has a common mechanism of toxicity with other substances or how to include this pesticide in a cumulative risk assessment. Unlike other pesticides for which EPA has followed a cumulative risk approach based on a common mechanism of toxicity, methoxyfenozide does not appear to produce a toxic metabolite produced by other substances. For the purposes of this tolerance action, therefore, it is assumed that methoxyfenozide does not have a common mechanism of toxicity with other substances.

E. Safety Determination 1. U. S. population. Using the DEEMTM exposure assumptions described in this unit, Dow AgroSciences has concluded that aggregate exposure to methoxyfenozide from the proposed new tolerances will utilize 18.9% of the chronic pollution adjusted dose ( cPAD) for the U. S. population. The major identifiable subgroup with the highest aggregate exposure is children 1   6 years old at 37.6% of the cPAD and is discussed below. EPA generally has no concern for exposures below 100% of the cPAD because the cPAD represents the level at or below which daily aggregate dietary exposure over a lifetime will not pose appreciable risks to human health. Despite the potential for exposure to methoxyfenozide in drinking water, the aggregate exposure is not expected to exceed 100% of the cPAD. Dow AgroSciences concludes that there is a reasonable certainty that no harm will result from aggregate exposure to methoxyfenozide residues. 2. Infants and children. FFDCA section 408 provides that EPA shall apply an additional tenfold margin of safety for infants and children in the case of threshold effects to account for prenatal and postnatal toxicity and the completeness of the data base unless EPA determines that a different margin of safety will be safe for infants and children. Margins of safety are incorporated into EPA risk assessments either directly through use of a margin of exposure ( MOE) analysis or through using uncertainty ( safety) factors in calculating a dose level that poses no appreciable risk to humans. EPA believes that reliable data support using the standard uncertainty factor ( UF) usually 100 for combine inter species and intra species variability and not the additional tenfold MOE/ UF when EPA has a complete data base under existing guidelines and when the severity of the effect in infants or children or the potency or unusual toxic properties of a compound do not raise concerns regarding the adequacy of the standard MOE/ safety factor. The toxicology data base for methoxyfenozide included acceptable developmental toxicity studies in both rats and rabbits as well as a 2 generation reproductive toxicity study in rats. The data provided no indication of increased sensitivity of rats or rabbits to in utero and/ or postnatal exposure to methoxyfenozide. There is a complete toxicity data base for methoxyfenozide and exposure data are complete or are estimated based on data that reasonably accounts for potential exposures. Based on the completeness of the data base and the lack of prenatal and postnatal toxicity, EPA determined that an additional safety factor was not needed for the protection of infants and children. Since no toxicological endpoints were established, acute aggregate risk is considered to be negligible. Using the exposure assumptions described in this unit, Dow AgroSciences has concluded that aggregate exposure to methoxyfenozide from the proposed new tolerances will utilize 37.6% of the cPAD for infants and children. EPA generally has no concern for exposures below 100% of the cPAD because the cPAD represents the level at or below which daily aggregate dietary exposure over a lifetime will not pose appreciable risks to human health. Drinking water. The back calculated drinking water levels of concern ( DWLOCs) for assessing chronic aggregate dietary risk range from 624 ppb for the most highly exposed population subgroup children ( 1 to 6) years old to 2,839 ppb for the U. S. population ( 48 contiguous States) ( all seasons). Despite the potential for exposure to methoxyfenozide in drinking water, Dow AgroSciences does not expect the aggregate exposure to exceed 100% of the cPAD. Short term and intermediate term risks are judged to be negligible due to the lack of significant toxicological effects observed. Based on these risk assessments, Dow AgroSciences concludes that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to methoxyfenozide residues.

F. International Tolerances There are no Codex or Canadian maximum residue levels ( MRL's) established for residues of methoxyfenozide. Mexican MRL's are established for residues of methoxyfenozide in cottonseed 0.05 ppm and maize 0.01 ppm. The U. S. tolerances on these commodities are 2.0 ppm and 0.05 ppm, respectively. Based on the current use patterns, the U. S. tolerance levels cannot be reduced to harmonize with the Mexican MRL's, so incompatibility will exist. [ FR Doc. 03   6821 Filed 3   20   03; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ OPP   2003   0049; FRL   7295   5]

Tralkoxydim; Notice of Filing a Pesticide Petition to Establish a Tolerance for a Certain Pesticide Chemical in or on Food AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: This notice announces the initial filing of a pesticide petition proposing the establishment of regulations for residues of a certain pesticide chemical in or on various food commodities. DATES: Comments, identified by docket ID number OPP   2003   0049, must be received on or before April 21, 2003. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION.

VerDate Jan< 31> 2003 18: 05 Mar 20, 2003 Jkt 200001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 21MRN1. SGM 21MRN1 13921 Federal Register / Vol. 68, No. 55 / Friday, March 21, 2003 / Notices FOR FURTHER INFORMATION CONTACT: Jim Tompkins, Registration Division ( 7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 703) 305   5697; e mail address: tompkins. jim@ epa. gov.

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. Potentially affected entities may include, but are not limited to:   Crop production ( NAICS 111)   Animal production ( NAICS 112)   Pesticide manufacturing ( NAICS 311)   Food manufacturing ( NAICS 32532) This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System ( NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPP   2003   0049. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. Once in the system, select `` search,'' then key in the appropriate docket ID number. Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA's electronic public docket. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff.

C. How and To Whom Do I Submit Comments? You may submit comments electronically, by mail, or through hand delivery/ courier. To ensure proper receipt by EPA, identify the appropriate docket ID number in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked `` late.'' EPA is not required to consider these late comments. If you wish to submit CBI or information that is otherwise protected by statute, please follow the instructions in Unit I. D. Do not use EPA Dockets or e mail to submit CBI or information protected by statute. 1. Electronically. If you submit an electronic comment as prescribed in this unit, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. i. EPA Dockets. Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets at http:// www. epa. gov/ edocket, and follow the online instructions for submitting comments. Once in the VerDate Jan< 31> 2003 18: 05 Mar 20, 2003 Jkt 200001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 21MRN1. SGM 21MRN1 13922 Federal Register / Vol. 68, No. 55 / Friday, March 21, 2003 / Notices system, select `` search,'' and then key in docket ID number OPP   2003   0049. The system is an `` anonymous access'' system, which means EPA will not know your identity, e mail address, or other contact information unless you provide it in the body of your comment. ii. E mail. Comments may be sent by e mail to opp docket@ epa. gov, Attention: Docket ID number OPP   2003   0049. In contrast to EPA's electronic public docket, EPA's e mail system is not an `` anonymous access'' system. If you send an e mail comment directly to the docket without going through EPA's electronic public docket, EPA's e mail system automatically captures your e mail address. E mail addresses that are automatically captured by EPA's e mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. iii. Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to the mailing address identified in Unit I. C. 2. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. 2. By mail. Send your comments to: Public Information and Records Integrity Branch ( PIRIB) ( 7502C), Office of Pesticide Programs ( OPP), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001, Attention: Docket ID number OPP   2003   0049. 3. By hand delivery or courier. Deliver your comments to: Public Information and Records Integrity Branch ( PIRIB), Office of Pesticide Programs ( OPP), Environmental Protection Agency, Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket ID number OPP   2003   0049. Such deliveries are only accepted during the docket's normal hours of operation as identified in Unit I. B. 1.

D. How Should I Submit CBI To the Agency?

Do not submit information that you consider to be CBI electronically through EPA's electronic public docket or by e mail. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI ( if you submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is CBI). Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. In addition to one complete version of the comment that includes any information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket and EPA's electronic public docket. If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and EPA's electronic public docket without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

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

II. What Action is the Agency Taking?

EPA has received a pesticide petition as follows proposing the establishment and/ or amendment of regulations for residues of a certain pesticide chemical in or on various food commodities under section 408 of the Federal Food, Drug, and Cosmetic Act ( FFDCA), 21 U. S. C. 346a. EPA has determined that this petition contains data or information regarding the elements set forth in FFDCA section 408( d)( 2); however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data support granting of the petition. Additional data may be needed before EPA rules on the petition.

List of Subjects Environmental protection, Agricultural commodities, Feed additives, Food additives, Pesticides and pests, Reporting and record keeping requirements.

Dated: March 13, 2003. Debra Edwards, Acting Director, Registration Division, Office of Pesticide Programs.

Summary of Petition The petitioner's summary of the pesticide petition is printed below as required by FFDCA section 408( d)( 3). The summary of the petition was prepared by the petitioner and represents the view of the petitioner. The petition summary announces the availability of a description of the analytical methods available to EPA for the detection and measurement of the pesticide chemical residues or an explanation of why no such method is needed.

Syngenta Crop Protection, Inc.

PP 6F4631 EPA has received a pesticide petition ( 6F4631) from Syngenta Crop Protection, Inc., P. O. Box 18300, Greensboro, NC, 27419   8300 proposing, pursuant to section 408( d) of the FFDCA, 21 U. S. C. 346a( d), to amend 40 CFR part 180 by establishing a tolerance for residues of tralkoxydim, 2 Cyclohexen 1 one, 2[ 1 ( ethoxyimino) propyl] 3 hydroxy 5 ( 2,4,6 trimethylphenyl)( 9Cl), in or on the raw agricultural commodity ( RAC) barley grain, barley hay, wheat grain, and wheat hay at 0.02 parts per million ( ppm) and barley straw, wheat forage, and wheat straw at 0.05 ppm. EPA has determined that the petition contains data or information regarding the elements set forth in section 408( d)( 2) of the FFDCA; however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data support granting of the petition. Additional data may be needed before EPA rules on the petition.

A. Residue Chemistry 1. Plant metabolism. The nature of the residue in barley, wheat, rotational crops, and livestock is adequately understood. The residues of concern for the tolerance expression are parent per se. Based on the results of animal metabolism studies it is unlikely that secondary residues would occur in animal commodities from the use of tralkoxydim on wheat and barley. Tralkoxydim rapidly metabolizes in plants, and no residues of parent are detected at harvest. Extensive metabolism in grain, forage and straw occurs, with none of the individual metabolites exceeding 3.6% total radioactive residue ( TRR).

VerDate Jan< 31> 2003 18: 05 Mar 20, 2003 Jkt 200001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 21MRN1. SGM 21MRN1 13923 Federal Register / Vol. 68, No. 55 / Friday, March 21, 2003 / Notices 2. Analytical method. An adequate analytical method, gas chromatography/ mass spectrometry ( GC/ MS) with selected ion monitoring, is available for enforcement purposes. 3. Magnitude of residues. Magnitude of the residue trials conducted on spring wheat, winter wheat, and barley showed no residues above the limit of quantification (( LOQ) = 0.02 ppm) on wheat grain, straw, hay, or processed commodities at the harvest timing prescribed by the label. Residues in forage ranged from < 0.02 ppm to 0.03 ppm at 28 days posttreatment. Based on the results of animal metabolism studies, it is unlikely that significant residues would occur in secondary animal commodities from the use of tralkoxydim on wheat and barley. The nature of the residue in plants is adequately understood.

B. Toxicological Profile 1. Acute toxicity. EPA has established an acute reference dose ( RfD) for tralkoxydim of 0.3 milligrams/ kilogram/ day ( mg/ kg/ day). This RfD is based on the no observed adversed effect level ( NOAEL) of 30 mg/ kg/ day established in the rat developmental study and using an uncertainty factor ( UF) of 100 based on 10X for inter species extrapolation and 10X for intra species variation. 2. Genotoxicity. Tralkoxydim was negative for mutagenic/ genotoxic effects in a gene mutation Ames Assay in bacteria, a forward gene mutation in mouse lymphoma cells in culture, chromosome damage/ in vitro assay in human lymphocyte cells, deoxyribonucleic acid ( DNA) damage repair in vivo assay in rat hepatocytes, and chromosome damage in vivo mouse micronuclei. 3. Reproductive and developmental toxicity. The developmental and reproductive toxicity data do not indicate increased susceptibility of rats or rabbits to in utero and/ or postnatal exposure to tralkoxydim. A 3   generation rat reproduction study indicated a parental systemic NOAEL of 200 ppm, 20 mg/ kg/ day and a systemic lowest observed averse effect level ( LOAEL) of 1,000 ppm, 100 mg/ kg/ day based on reduced body weights and body weight gains in females. No reproductive toxicity was observed. A rat developmental study with a maternal NOAEL of 30 mg/ kg/ day and with a maternal LOAEL of 200 mg/ kg/ day based on maternal mortality, reduced body weights, and reduced food consumption and a developmental NOAEL of 30 mg/ kg/ day and a developmental LOAEL of 200 mg/ kg/ day based on reduced ossification of the centrum and hemicentrum, centrum bipartite, misshapen centra and fused centra. A rabbit developmental study with a maternal NOAEL of 20 mg/ kg/ day and a maternal LOAEL of 100 mg/ kg/ day based on reduced food consumption and a developmental NOAEL of 20 mg/ kg/ day and a developmental LOAEL of 100 mg/ kg/ day based on abortions and increases in late resorptions. 4. Subchronic toxicity. Tralkoxydim is of low subchronic toxicity in 21   day dermal testing. 5. Chronic toxicity. EPA has established the RfD for tralkoxydim at 0.005 mg/ kg/ day. This RfD is based on NOAEL of 0.5 mg/ kg/ day in the chronic toxicity study in dogs with a 100   fold UF to account for interspecies extrapolation ( 10x) and intraspecies variability ( 10x). The Health Effects Division ( HED) Cancer Assessment Review Committee ( CARC) has classified tralkoxydim in accordance with the Agency's Proposed Guidelines for Carcinogen Risk Assessment ( April 10, 1996), `` likely to being human carcinogen.'' This classification is based on the following factors:   Occurrence of benign Leydig cell tumors at all dose levels with the incidences at the high dose exceeding the concurrent and historical control range.   Lack of an acceptable carcinogenicity study in a second species as required by OPPTS Harmonized Guidelines.   The relevance of the testicular tumors to human exposure can not be discounted. 6. Animal metabolism. Based on the results of animal metabolism studies it is unlikely that significant residues would occur in secondary animal commodities from the use of tralkoxydim on wheat and barley. 7. Metabolite toxicology. The nature of the residue in barley, wheat, rotational crops, and livestock is adequately understood. The residues of concern for the tolerance expression are parent per se. 8. Endocrine disruption. There has been no evidence of endocrine disruption concerns with resulting from tralkoxydim use on wheat and barley.

C. Aggregate Exposure 1. Dietary exposure. The proposed tolerances in or on RACs: Barley grain, barley hay, wheat grain, and wheat hay at 0.02 ppm, and barley straw, wheat forage, and wheat straw at 0.05 ppm are the first to be established for tralkoxydim. There is no reasonable expectation of residues of tralkoxydim occurring in meat, milk, poultry, or eggs from its use on wheat and barley. Risk assessments were conducted by EPA to assess dietary exposures from tralkoxydim as follows: i. Acute exposure and risk. Acute dietary risk assessments are performed for a food use pesticide if a toxicological study has indicated the possibility of an effect of concern occurring as a result of a 1   day or single exposure. An acute dietary risk assessment was conducted for tralkoxydim based on the NOAEL of 30 milligram/ kilogram/ day ( mg/ kg/ day) from the rat developmental study. The acute dietary analysis using the dietary exposure evaluation model ( DEEM) computer program estimates that the distribution of single day exposures utilizes 0.02% of acute RfD. ii. Chronic exposure and risk. The RfD for tralkoxydim is 0.005 mg/ kg/ day. This value is based on the systemic NOAEL of 0.5 mg/ kg/ day in the dog chronic feeding study with a 100   fold safety factor to account for interspecies extrapolation ( 10x) and intraspecies variability ( 10x). iii. Food. A DEEM chronic exposure analysis was conducted using tolerance levels for wheat and barley and assuming that 100% of the crop is treated to estimate dietary exposure for the general population and 22 subgroups. The chronic analysis showed that exposures from the tolerance level residues in or on wheat, and barley for children 1 to 6 years old ( the subgroup with the highest exposure) would be 1.4% of the RfD. The exposure for the general U. S. population would be less than 1% of the RfD. A lifetime dietary carcinogenicity exposure analysis was conducted for tralkoxydim using the proposed tolerances along with the assumption of 100% of the crop treated and a Q* of 1.68 x 10 2 ( mg/ kg/ day) 1. A lifetime risk exposure analysis was also conducted using the DEEM computer analysis. The estimated cancer risk ( 5 x 10 7) is less than the level that the Agency usually considers for negligible cancer risk estimates. iv. Drinking water. Drinking water estimated concentrations ( DWECs) for surface water ( parent tralkoxydim) were calculated by EPA's pesticide root zone model ( PRIZM) computer models to be an average of 9.1 parts per billion ( ppb). the DWECs for ground water based on the computer model screening concentration in ground water ( SCIGROW2 were calculated to be an average of .016 ppb. 2. Non dietary exposure. There are no non food uses of tralkoxydim currently registered under the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA), as amended. No non dietary VerDate Jan< 31> 2003 18: 05 Mar 20, 2003 Jkt 200001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 21MRN1. SGM 21MRN1 13924 Federal Register / Vol. 68, No. 55 / Friday, March 21, 2003 / Notices exposures are expected for the general population.

D. Cumulative Effects EPA does not have, at this time, available data to determine whether tralkoxydim has a common mechanism of toxicity with other substances or how to include this pesticide in a cumulative risk assessment. Tralkoxydim is structurally a cyclohexanedione. Unlike other pesticides for which EPA has followed a cumulative risk approach based on a common mechanism of toxicity, tralkoxydim does not appear to produce a toxic metabolite produced by other substances. For the purposes of these tolerances action, therefore, EPA has not assumed that tralkoxydim has a common mechanism of toxicity with other substances.

E. Safety Determination 1. U. S. population   i. Acute risk. The acute dietary analysis based on the NOAEL of 30 mg/ kg/ day from the rat developmental study using the DEEM computer program estimates that the distribution of single day exposures utilizes 0.02% of acute RfD. The drinking water level of comparisons ( DWLOCs) for acute exposure to tralkoxydim in drinking water calculated for females 13 + years old was 9,000 ppb. The estimated average concentration in surface water for tralkoxydim is 9 ppb. EPA's acute DWLOC is well above the estimated exposures for tralkoxydim in water for the subgroup of concern. For ground water, the estimated environmental concentrations ( EEC's) using the SCIGROW model were all less than 1 ppb. ii. Chronic risk. A DEEM chronic exposure analysis showed that exposure from tolerance level residues in or on wheat, and barley for children 1 to 6 years old ( the subgroup with the highest exposure) would be 1.4% of the RfD. The exposure for the general U. S. population would be less than 1% of the RfD. The DWLOCs for chronic exposure to tralkoxydim in drinking water calculated for U. S. population was 150 ppb and for children ( 1 to 6 years old) the DWLOC was 50 ppb. The estimated average concentration in surface water for tralkoxydim is 9 ppb. EPA's chronic DWLOC is above the estimated exposures for tralkoxydim in water for the U. S. population and the subgroup of concern. Conservative model estimates SCI GROW of the concentrations of tralkoxydim in ground water indicate that exposure will be minimal. iii. Cancer risk. A DWLOC for cancer was calculated as 1 ppb. The estimated concentration in surface water and ground water for tralkoxydim for chronic exposure are 0.9 ppb, 2.8 ppb, ( the 56   day concentration)/ 3, and 0.1 ppb, respectively. The model exposure estimates are less than the cancer DWLOC. EPA concludes that there is a reasonable certainty that no harm will result from aggregate exposure to tralkoxydim residues. 2. Infants and children. The Agency concluded that an extra safety factor to protect infants and children is not needed based on the following considerations: The toxicology data base is complete for the assessment of special sensitivity of infants and children. The developmental and reproductive toxicity data do not indicate increased susceptibility of rats or rabbits to in utero and/ or postnatal exposure. The NOAEL used in deriving the RfD is based on changes in liver function and morphology in male adult dogs ( not developmental or neurotoxic effects) after chronic exposure and thus are not relevant for enhanced sensitivity to infants and children. Unrefined dietary exposure estimates ( assuming all commodities contain tolerance level residues) overestimate dietary exposure. Model data used for ground water and surface water source drinking water exposure assessments result in estimates considered to be upper bound concentrations. There are no registered uses for tralkoxydim that could result in residential exposures. EPA concludes that there is a reasonable certainty that no harm will result to children from aggregate exposure to tralkoxydim residues.

F. International Tolerances There are no codex Alimentarius Commission ( Codex) or Mexican maximum residue levels for tralkoxydim at this time. [ FR Doc. 03   6823 Filed 3   20   03; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ OPP   2003   0057; FRL   7296   6]

Trifloxysulfuron sodium; Notice of Filing a Pesticide Petition to Establish a Tolerance for a Certain Pesticide Chemical in or on Food AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: This notice announces the initial filing of a pesticide petition proposing the establishment of regulations for residues of a certain pesticide chemical in or on various food commodities. DATES: Comments, identified by docket ID number OPP   2003   0057, must be received on or before April 21, 2003. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: James A. Tompkins, Registration Division ( 7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 703) 305   5697; e mail address: tompkins. jim@ epa. gov. 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 Potentially affected entities may include, but are not limited to:   Crop production ( NAICS 111)   Animal production ( NAICS 112)   Food manufacturing ( NAICS 311)   Pesticide manufacturing ( NAICS 32532) This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System ( NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information? 1. Docket. EPA has established an official public docket for this action under docket ID number OPP   2003   0057. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although, a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall VerDate Jan< 31> 2003 18: 05 Mar 20, 2003 Jkt 200001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 21MRN1. SGM 21MRN1


[Federal Register Volume 83, Number 204 (Monday, October 22, 2018)]
[Rules and Regulations]
[Pages 53174-53176]
[FR Doc No: 2018-22270]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31216; Amdt. No. 3820]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule amends, suspends, or removes Standard Instrument
Approach Procedures (SIAPs) and associated Takeoff Minimums and
Obstacle Departure Procedures for operations at certain airports. These
regulatory actions are needed because of the adoption of new or revised
criteria, or because of changes occurring in the National Airspace
System, such as the commissioning of new navigational facilities,
adding new obstacles, or changing air traffic requirements. These
changes are designed to provide for the safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective October 22, 2018. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of October 22, 2018.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC, 20590-0001;
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Navigation Products, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA).
    For information on the availability of this material at NARA, call
202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center online at nfdc.faa.gov
to register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedure
Standards Branch (AFS-420)Flight Technologies and Procedures Division,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK. 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK. 73125)
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20.
The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained on FAA form documents is
unnecessary.
    This amendment provides the affected CFR sections, and specifies
the SIAPs and Takeoff Minimums and ODPs with their applicable effective
dates. This amendment also identifies the airport and its location, the
procedure and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPs, Takeoff
Minimums and ODPs as identified in the amendatory language for part 97
of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP and Takeoff Minimums and ODP as amended in the
transmittal. For safety and timeliness of change considerations, this
amendment incorporates only specific changes contained for each SIAP
and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.
    The SIAPs and Takeoff Minimums and ODPs, as modified by FDC
permanent NOTAM, and contained in this amendment are based on the
criteria contained in the U.S. Standard for Terminal Instrument
Procedures (TERPS). In developing these changes to SIAPs and Takeoff
Minimums and ODPs, the TERPS criteria were applied only to specific
conditions existing at the affected airports. All SIAP amendments in
this rule have been previously issued by the FAA in a FDC NOTAM as an
emergency action of immediate flight safety relating directly to
published aeronautical charts.
    The circumstances that created the need for these SIAP and Takeoff
Minimums and ODP amendments require making them effective in less than
30 days.
    Because of the close and immediate relationship between these
SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find
that notice and public procedure under 5 U.S.C. 553(b) are
impracticable and contrary to the public interest and, where
applicable, under 5 U.S.C. 553(d), good cause exists for making these
SIAPs effective in less than 30 days.

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

List of Subjects in 14 CFR part 97

    Air traffic control, Airports, Incorporation by reference,
Navigation (air).

    Issued in Washington, DC on September 21, 2018.
Rick Domingo,
Executive Director, Flight Standards Service.

Adoption Of The Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, part 97, (14 CFR part 97), is amended by
amending Standard Instrument Approach Procedures and Takeoff Minimums
and ODPs, effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40106, 40113,
40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:
    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * Effective Upon Publication

--------------------------------------------------------------------------------------------------------------------------------------------------------
      AIRAC date            State               City               Airport          FDC No.      FDC date                      Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
8-Nov-18.............  MS.............  Columbus...........  Columbus-Lowndes          8/0472      9/11/18  RNAV (GPS) Rwy 36, Amdt 1.
                                                              County.
8-Nov-18.............  IL.............  Flora..............  Flora Muni.........       8/0929      9/11/18  LOC/DME Rwy 21, Orig-C.
8-Nov-18.............  IL.............  Flora..............  Flora Muni.........       8/0933      9/11/18  RNAV (GPS) Rwy 21, Amdt 2B.
8-Nov-18.............  IL.............  Flora..............  Flora Muni.........       8/0934      9/11/18  RNAV (GPS) Rwy 3, Amdt 2A.
8-Nov-18.............  TX.............  Pearsall...........  McKinley Field.....       8/1500      9/11/18  VOR/DME OR GPS-A, Amdt 2A.
8-Nov-18.............  TX.............  Dallas.............  Dallas Executive...       8/1501      9/11/18  RNAV (GPS) Rwy 17, Orig.
8-Nov-18.............  NY.............  Glens Falls........  Floyd Bennett             8/1703      9/13/18  RNAV (GPS) Rwy 19, Amdt 1B.
                                                              Memorial.
8-Nov-18.............  VA.............  Charlottesville....  Charlottesville-          8/1832      9/11/18  ILS OR LOC Rwy 3, Amdt 1.
                                                              Albemarle.
8-Nov-18.............  WY.............  Afton..............  Afton Muni.........       8/2294      9/13/18  RNAV (GPS) Rwy 16, Amdt 2A.
8-Nov-18.............  OH.............  Middletown.........  Middletown Regional/      8/2374      9/10/18  RNAV (GPS) Rwy 5, Orig-B.
                                                              Hook Field.
8-Nov-18.............  OH.............  Middletown.........  Middletown Regional/      8/2380      9/10/18  LOC Rwy 23, Amdt 7H.
                                                              Hook Field.
8-Nov-18.............  NY.............  Massena............  Massena Intl-             8/2410      9/12/18  ILS OR LOC Rwy 5, Amdt 3A.
                                                              Richards Field.
8-Nov-18.............  SD.............  Sioux Falls........  Joe Foss Field.....       8/2495      9/11/18  RNAV (GPS) Rwy 27, Orig-D.
8-Nov-18.............  SD.............  Sioux Falls........  Joe Foss Field.....       8/2497      9/11/18  RNAV (GPS) Rwy 9, Orig-D.
8-Nov-18.............  SD.............  Sioux Falls........  Joe Foss Field.....       8/2498      9/11/18  RNAV (GPS) Rwy 3, Amdt 1B.
8-Nov-18.............  SD.............  Sioux Falls........  Joe Foss Field.....       8/2499      9/11/18  VOR OR TACAN Rwy 15, Amdt 21D.
8-Nov-18.............  SD.............  Sioux Falls........  Joe Foss Field.....       8/2500      9/11/18  VOR/DME OR TACAN Rwy 33, Amdt 12D.
8-Nov-18.............  FL.............  Fort Myers.........  Page Field.........       8/2504      9/12/18  ILS OR LOC Rwy 5, Amdt 7B.
8-Nov-18.............  FL.............  Fort Myers.........  Page Field.........       8/2506      9/12/18  RNAV (GPS) Rwy 5, Orig-B.
8-Nov-18.............  FL.............  Fort Myers.........  Page Field.........       8/2507      9/12/18  RNAV (GPS) Rwy 13, Amdt 1D.
8-Nov-18.............  FL.............  Fort Myers.........  Page Field.........       8/2508      9/12/18  RNAV (GPS) Rwy 23, Orig-B.
8-Nov-18.............  FL.............  Fort Myers.........  Page Field.........       8/2511      9/12/18  VOR Rwy 13, Orig-E.
8-Nov-18.............  GA.............  Greensboro.........  Greene County Rgnl.       8/2542      9/10/18  LOC Rwy 25, Amdt 3D.
8-Nov-18.............  GA.............  Atlanta............  Fulton County             8/2669      9/10/18  ILS OR LOC Rwy 8, Amdt 17A.
                                                              Airport-Brown
                                                              Field.
8-Nov-18.............  GA.............  Atlanta............  Fulton County             8/2679      9/10/18  RNAV (GPS) Rwy 26, Amdt 1B.
                                                              Airport-Brown
                                                              Field.
8-Nov-18.............  GA.............  Atlanta............  Fulton County             8/2681      9/10/18  RNAV (GPS) Y Rwy 8, Amdt 1A.
                                                              Airport-Brown
                                                              Field.
8-Nov-18.............  GA.............  Atlanta............  Fulton County             8/2682      9/10/18  VOR-A, Amdt 1B.
                                                              Airport-Brown
                                                              Field.
8-Nov-18.............  TN.............  Knoxville..........  McGhee Tyson.......       8/2879      9/13/18  RADAR 1, Amdt 22.
8-Nov-18.............  VA.............  Emporia............  Emporia-Greensville       8/3212      9/11/18  RNAV (GPS) Rwy 16, Amdt 2A.
                                                              Rgnl.
8-Nov-18.............  ME.............  Belfast............  Belfast Muni.......       8/3307      9/13/18  RNAV (GPS) Rwy 33, Amdt 1.
8-Nov-18.............  FL.............  Fort Myers.........  Page Field.........       8/3326      9/12/18  RNAV (GPS) Rwy 31, Orig-C.
8-Nov-18.............  IN.............  New Castle.........  New Castle-Henry Co       8/3484      9/12/18  NDB Rwy 10, Orig.
                                                              Muni.
8-Nov-18.............  TX.............  Crosbyton..........  Crosbyton Muni.....       8/3665      9/11/18  RNAV (GPS) Rwy 17, Orig-A.
8-Nov-18.............  CT.............  Bridgeport.........  Igor I Sikorsky           8/3818      9/11/18  RNAV (GPS) Rwy 29, Amdt 1A.
                                                              Memorial.
8-Nov-18.............  CT.............  Bridgeport.........  Igor I Sikorsky           8/3821      9/11/18  RNAV (GPS) Rwy 6, Amdt 1.
                                                              Memorial.
8-Nov-18.............  CT.............  Bridgeport.........  Igor I Sikorsky           8/3825      9/11/18  RNAV (GPS) Rwy 24, Amdt 1.
                                                              Memorial.
8-Nov-18.............  CT.............  Bridgeport.........  Igor I Sikorsky           8/3826      9/11/18  VOR Rwy 24, Amdt 17.
                                                              Memorial.
8-Nov-18.............  CT.............  Bridgeport.........  Igor I Sikorsky           8/3828      9/11/18  ILS OR LOC Rwy 6, Amdt 10.
                                                              Memorial.
8-Nov-18.............  WI.............  New Richmond.......  New Richmond Rgnl..       8/4055      9/13/18  RNAV (GPS) Rwy 32, Amdt 2B.
8-Nov-18.............  AR.............  Little Rock........  Bill and Hillary          8/4149      9/13/18  ILS OR LOC Rwy 22R, ILS Rwy 22R (SA CAT I),
                                                              Clinton National/                              ILS Rwy 22R (CAT II-III), Amdt 3.
                                                              Adams Field.

8-Nov-18.............  AK.............  Noorvik............  Robert/Bob/Curtis         8/4205      9/10/18  RNAV (GPS) Rwy 6, Orig.
                                                              Memorial.
8-Nov-18.............  AK.............  Noorvik............  Robert/Bob/Curtis         8/4206      9/10/18  RNAV (GPS) Rwy 24, Orig.
                                                              Memorial.
8-Nov-18.............  MN.............  Little Falls.......  Little Falls/             8/4718      9/13/18  NDB Rwy 31, Amdt 6C.
                                                              Morrison County-
                                                              Lindbergh Fld.
8-Nov-18.............  MN.............  Little Falls.......  Little Falls/             8/4720      9/13/18  RNAV (GPS) Rwy 31, Orig-A.
                                                              Morrison County-
                                                              Lindbergh Fld.
8-Nov-18.............  CO.............  Del Norte..........  Astronaut Kent            8/4915      9/13/18  RNAV (GPS) Rwy 24, Orig.
                                                              Rominger.
8-Nov-18.............  TX.............  New Braunfels......  New Braunfels Rgnl.       8/5257      9/11/18  RNAV (GPS) Rwy 35, Amdt 2.
8-Nov-18.............  TX.............  New Braunfels......  New Braunfels Rgnl.       8/5261      9/11/18  RNAV (GPS) Rwy 17, Orig.
8-Nov-18.............  TX.............  New Braunfels......  New Braunfels Rgnl.       8/5263      9/11/18  RNAV (GPS) Rwy 13, Amdt 1.
8-Nov-18.............  VA.............  Charlottesville....  Charlottesville-          8/5662      9/11/18  RNAV (GPS) Y Rwy 21, Amdt 2A.
                                                              Albemarle.
8-Nov-18.............  TX.............  Kountze/Silsbee....  Hawthorne Field....       8/5684      9/11/18  NDB Rwy 13, Amdt 3.
8-Nov-18.............  DC.............  Washington.........  Ronald Reagan             8/5696      9/11/18  RNAV (GPS) Rwy 15, Orig-A.
                                                              Washington
                                                              National.
8-Nov-18.............  AK.............  South Naknek.......  South Naknek NR 2..       8/5893      9/13/18  RNAV (GPS) Rwy 31, Orig.
8-Nov-18.............  AK.............  South Naknek.......  South Naknek NR 2..       8/5902      9/13/18  RNAV (GPS) Rwy 13, Orig.
8-Nov-18.............  NC.............  Hickory............  Hickory Rgnl.......       8/6760      9/13/18  RNAV (GPS) Rwy 24, Amdt 1A.
8-Nov-18.............  NC.............  Hickory............  Hickory Rgnl.......       8/6761      9/13/18  RNAV (GPS) Rwy 19, Amdt 1.
8-Nov-18.............  NC.............  Hickory............  Hickory Rgnl.......       8/6762      9/13/18  ILS OR LOC Rwy 24, Amdt 8A.
8-Nov-18.............  OK.............  Chandler...........  Chandler Rgnl......       8/6841      9/11/18  RNAV (GPS) Rwy 35, Orig.
8-Nov-18.............  MD.............  Frederick..........  Frederick Muni.....       8/6887      9/10/18  RNAV (GPS) Rwy 5, Orig-C.
8-Nov-18.............  MD.............  Frederick..........  Frederick Muni.....       8/6888      9/10/18  RNAV (GPS) Z Rwy 23, Orig-E.
8-Nov-18.............  MD.............  Frederick..........  Frederick Muni.....       8/6893      9/10/18  RNAV (GPS) Y Rwy 23, Amdt 1C.
8-Nov-18.............  OK.............  Chandler...........  Chandler Rgnl......       8/7279      9/11/18  Takeoff Minimums and Obstacle DP, Amdt 1.
8-Nov-18.............  SC.............  Summerville........  Summerville........       8/7291      9/13/18  RNAV (GPS) Rwy 24, Orig-B.
8-Nov-18.............  SC.............  Summerville........  Summerville........       8/7292      9/13/18  NDB Rwy 6, Amdt 1A.
8-Nov-18.............  TX.............  New Braunfels......  New Braunfels Rgnl.       8/7527      9/11/18  VOR/DME-A, Orig.
8-Nov-18.............  NE.............  Broken Bow.........  Broken Bow Muni/          8/8087      9/10/18  RNAV (GPS) Rwy 14, Orig-A.
                                                              Keith Glaze Fld.
8-Nov-18.............  NE.............  Broken Bow.........  Broken Bow Muni/          8/8089      9/10/18  RNAV (GPS) Rwy 32, Amdt 1A.
                                                              Keith Glaze Fld.
8-Nov-18.............  NE.............  Broken Bow.........  Broken Bow Muni/          8/8090      9/10/18  VOR Rwy 14, Amdt 4C.
                                                              Keith Glaze Fld.
8-Nov-18.............  NE.............  Broken Bow.........  Broken Bow Muni/          8/8093      9/10/18  VOR/DME Rwy 32, Orig-C.
                                                              Keith Glaze Fld.
8-Nov-18.............  VT.............  Burlington.........  Burlington Intl....       8/8214      9/12/18  ILS OR LOC/DME Rwy 15, Amdt 24A.
8-Nov-18.............  MN.............  Hibbing............  Range Rgnl.........       8/8419      9/13/18  RNAV (GPS) Rwy 4, Orig.
8-Nov-18.............  OR.............  Astoria............  Astoria Rgnl.......       8/8578      9/10/18  RNAV (GPS) Rwy 8, Amdt 1.
8-Nov-18.............  OR.............  Astoria............  Astoria Rgnl.......       8/8590      9/10/18  RNAV (GPS) Rwy 26, Amdt 1.
8-Nov-18.............  NY.............  New York...........  John F Kennedy Intl       8/8694      9/13/18  ILS OR LOC Rwy 4L, Amdt 11B.
8-Nov-18.............  IA.............  Jefferson..........  Jefferson Muni.....       8/8986      9/10/18  RNAV (GPS) Rwy 14, Orig.
8-Nov-18.............  IA.............  Jefferson..........  Jefferson Muni.....       8/8988      9/10/18  RNAV (GPS) Rwy 32, Orig.
8-Nov-18.............  IA.............  Jefferson..........  Jefferson Muni.....       8/8990      9/10/18  NDB Rwy 32, Amdt 6.
8-Nov-18.............  OR.............  Medford............  Rogue Valley Intl--       8/9687      9/10/18  RNAV (GPS)-D, Amdt 1.
                                                              Medford.
8-Nov-18.............  HI.............  Honolulu...........  Daniel K Inouye           8/9712      9/10/18  LOC Rwy 4R, Amdt 1B.
                                                              Intl.
8-Nov-18.............  HI.............  Honolulu...........  Daniel K Inouye           8/9718      9/10/18  LOC Rwy 8L, Amdt 1.
                                                              Intl.
8-Nov-18.............  HI.............  Honolulu...........  Daniel K Inouye           8/9719      9/10/18  LDA Rwy 26L, Amdt 5B.
                                                              Intl.
8-Nov-18.............  HI.............  Honolulu...........  Daniel K Inouye           8/9720      9/10/18  RNAV (GPS) Rwy 4L, Orig-A.
                                                              Intl.
8-Nov-18.............  HI.............  Honolulu...........  Daniel K Inouye           8/9721      9/10/18  RNAV (GPS) Rwy 8R, Orig-A.
                                                              Intl.
8-Nov-18.............  HI.............  Honolulu...........  Daniel K Inouye           8/9726      9/10/18  RNAV (GPS) Y Rwy 4R, Amdt 2B.
                                                              Intl.
8-Nov-18.............  HI.............  Honolulu...........  Daniel K Inouye           8/9728      9/10/18  RNAV (GPS) Y Rwy 8L, Amdt 2.
                                                              Intl.
8-Nov-18.............  HI.............  Honolulu...........  Daniel K Inouye           8/9729      9/10/18  VOR OR TACAN Rwy 4R, Orig-C.
                                                              Intl.
8-Nov-18.............  HI.............  Honolulu...........  Daniel K Inouye           8/9730      9/10/18  VOR OR TACAN-A, Amdt 1B.
                                                              Intl.
8-Nov-18.............  HI.............  Honolulu...........  Daniel K Inouye           8/9736      9/10/18  VOR OR TACAN-B, Amdt 2B.
                                                              Intl.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2018-22270 Filed 10-19-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Rules and Regulations]
[Pages 40911-40912]
[FR Doc No: 2015-17054]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2014-0254; FRL-9930-47-Region 8]

Determinations of Attainment of the 1997 Annual Fine Particulate
Matter Standard for the Libby, Montana Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is finalizing two
separate and independent determinations regarding the Libby, Montana
nonattainment area for the 1997 annual fine particulate matter
(PM2.5) National Ambient Air Quality Standard (NAAQS).
First, EPA is determining that the Libby nonattainment area attained
the 1997 annual PM2.5 NAAQS by the applicable attainment
date, April 2010. This determination is based on quality-assured and
certified ambient air quality data for the 2007-2009 monitoring period.
Second, EPA is finalizing that the Libby nonattainment area has
continued to attain the 1997 annual PM2.5 NAAQS, based on
quality-assured and certified ambient air quality data for the 2012-
2014 monitoring period. Based on the second determination, EPA will
suspend certain nonattainment area planning obligations. These
determinations do not constitute a redesignation to attainment. The
Libby nonattainment area will remain designated nonattainment for the
1997 annual PM2.5 NAAQS until such time as EPA determines
that the Libby nonattainment area meets the Clean Air Act (CAA)
requirements for redesignation to attainment, which include an approved
maintenance plan. These proposed actions are being taken under the CAA.

DATES: This final rule is effective on August 13, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2014-0254. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at the Air
Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. EPA requests that if at all
possible, you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. You
may view the hard copy of the docket Monday through Friday, 8 a.m. to 4
p.m., excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Crystal Ostigaard, Air Program, U.S.
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop
Street, Denver, Colorado 80202-1129,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    The Libby nonattainment area is comprised of the City of Libby
within Lincoln County. See 40 CFR 81.327. On April 14, 2015 (71 FR
19935), EPA published a proposed rulemaking for the Libby nonattainment
area. In the April 14, 2015 rulemaking action, EPA proposed to make a
determination that the Libby nonattainment area attained the 1997
annual PM2.5 NAAQS by the area's attainment date, April
2010. EPA also proposed to make a determination that the Libby
nonattainment area continues to attain the 1997 annual PM2.5
NAAQS. No comments were received on the April 14, 2015 proposed rule.

II. Summary of Rulemaking Actions

    These actions do not constitute a redesignation of the Libby
nonattainment area to attainment for the 1997 annual PM2.5
NAAQS under CAA section 107(d)(3). Neither determination of attainment
involves approving a maintenance plan for the Libby nonattainment area,
nor determines that the Libby nonattainment area has met all the
requirements for redesignation under the CAA, including that the
attainment be due to permanent and enforceable measures. Therefore, the
designation status of the Libby nonattainment area will remain
nonattainment for the 1997 annual PM2.5 NAAQS until such
time as EPA takes a final rulemaking action to determine that the Libby
nonattainment area meets the CAA requirements for redesignation to
attainment.

A. Determination of Attainment by the Attainment Date

    Pursuant to section 188(b)(2) of the CAA, EPA is making a
determination that the Libby nonattainment area has attained the 1997
annual PM2.5 NAAQS by the area's attainment date, April
2010. This determination is based upon quality-assured and certified
ambient air monitoring data for the 2007-2009 monitoring period that
shows the area has monitored attainment to the 1997 PM2.5
annual NAAQS attainment date. The effect of this final determination of
attainment to the 1997 PM2.5 annual NAAQS attainment date is
to discharge EPA's obligation under CAA section 181(b)(2) to determine,
based on the Libby nonattainment area's air quality whether the area
attained the standard.

B. ``Clean Data'' Determination of Attainment

    EPA is also making a determination that the Libby nonattainment
area continues to attain the 1997 annual PM2.5 NAAQS. This
``clean data'' determination is based upon quality assured and
certified ambient air monitoring data that show the area has monitored
attainment of the 1997 annual PM2.5 NAAQS for the 2012-2014
monitoring period. As a result of this determination, the requirement
for the Libby nonattainment area to submit an attainment demonstration,
reasonably available control measures (RACM), reasonable further
progress (RFP), and contingency measures related to attainment of the
1997 annual PM2.5 NAAQS shall be suspended for so long as
the area continues to attain the NAAQS.\1\
---------------------------------------------------------------------------

    \1\ Even though the requirements are suspended, EPA is not
precluded from acting upon these elements at any time if submitted
to EPA for review and approval. On March 17, 2011 (76 FR 14584), EPA
took final action to approve the submitted SIP revision for the
Libby PM2.5 nonattainment area, which included an
attainment demonstration, RACM, RFP, and contingency measures.
---------------------------------------------------------------------------

C. EPA's Analysis of the Relevant Air Quality Data

    Consistent with the requirements contained in 40 CFR part 50, EPA
has reviewed the annual PM2.5 ambient air quality monitoring
data for the 2007-2009 and 2012-2014 monitoring periods for the Libby
nonattainment area, as recorded in EPA's Air Quality System (AQS)
database. On the basis of that review, EPA has concluded that the Libby
nonattainment area attained the 1997 annual PM2.5 NAAQS,
based on data for the 2007-2009 monitoring period. EPA has also
concluded that the Libby nonattainment area continues to attain, based
on data for the 2012-2014 monitoring period.

III. Final Action

    EPA is making two separate and independent determinations regarding
the Libby nonattainment area. First,

pursuant to section 188(b)(2) of the CAA, EPA is making a determination
that the Libby nonattainment area has attained the 1997 annual
PM2.5 NAAQS attainment date of April 2010. Second, EPA is
making a determination that the Libby nonattainment area is attaining
the 1997 annual PM2.5 NAAQS, based on quality assured and
certified ambient air monitoring data for the 2012-2014 monitoring
period. This final determination suspends the requirements for the
Libby nonattainment area to submit an attainment demonstration and
associated RACM, RFP plan, contingency measures, and any other planning
requirements related to attainment of the 1997 annual PM2.5
NAAQS for so long as the area continues to attain the 1997 annual
PM2.5 NAAQS. These determinations do not constitute a
redesignation to attainment. The Libby nonattainment area will remain
designated nonattainment for the 1997 annual PM2.5 NAAQS
until such time as EPA determines that the Libby nonattainment area
meets the CAA requirements for redesignation to attainment, including
an approved maintenance plan.

IV. Statutory and Executive Orders Review

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action 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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 14, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: June 25, 2015.
Debra H. Thomas,
Acting Regional Administrator, Region 8.

    40 CFR part 52 is amended to read as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

0
2. Section 52.1374 is amended by adding paragraph (c) to read as
follows:

Sec.  52.1374  Control strategy: Particulate matter.

* * * * *
    (c) Determination of Attainment. EPA has determined, July 14, 2015,
based on quality-assured air monitoring data for 2007-2009 and 2012-
2014 ambient air quality data, that the Libby, MT fine particulate
matter (PM2.5) nonattainment area attained the 1997 annual
PM2.5 national ambient air quality standards (NAAQS).
Therefore, EPA has met the requirement of CAA section 188(b)(2) to
determine, based on the area's air quality as of the attainment date or
as expeditiously as practicable, whether the area attained the 1997
annual PM2.5 NAAQS. Additionally, this determination
suspends the requirements for this area to submit an attainment
demonstration, associated reasonably available control measures, a
reasonable further progress plan, contingency measures, and other
planning SIPs related to attainment of the standard for as long as this
area continues to meet the 1997 annual PM2.5 NAAQS. If EPA
determines, after notice-and-comment rulemaking, that this area no
longer meets the 1997 annual PM2.5 NAAQS, the corresponding
determination of attainment for that area shall be withdrawn.

[FR Doc. 2015-17054 Filed 7-13-15; 8:45 am]
 BILLING CODE 6560-50-P


International Trade Commission 2005-2007 historical ethanol import data as reported by the Renewable Fuels Association, http://www.ethanolrfa.org/industry/statistics/

2006 Monthly U.S. Fuel Ethanol Production/Demand

Month	Production, b/d (1000s)	Production (1000 barrels) 	Stocks (1000 barrels) 	Stocks: days in reserve 	Production (1000 gal) 	Imports (1000 gal)*	Exports (1000 gal)^	Stocks change (1000 gal)	Demand (1000 gal)  Demand, b/d (1000s)

Jan	288	8942	6173	21.4	375564	2687	0	25620	352631	271

Feb	302	8452	7376	24.4	354984	25578	0	50526	330036	281

Mar	301	9338	8708	28.9	392196	28586	0	55944	364838	280

Apr	289	8656	9087	31.4	363552	32620	0	15918	380254	302

May	293	9093	7848	26.8	381906	20291	0	-52038	454235	349

Jun	318	9532	6731	21.2	400344	50812	0	-46914	498070	395

Jul	316	9804	7727	24.5	411768	98180	0	41832	468116	360

Aug	329	10185	9160	27.8	427770	133188	0	60186	500772	385

Sep	333	9992	9727	29.2	419664	82466	0	23815	478315	380

Oct	333	10308	9814	29.5	432936	79202	0	3654	580484	391

Nov	343	10279	9212	26.9	431718	64517	0	-25284	521519	414

Dec	356	11023	8747	24.6	462966	37561	0	-19530	520147	399

Totals	3801	115604

	4855368	653304

	5377417	4205

Ave.	317	9634

	404614	54648

	448118	350

b/d = barrels/day

*Source:  International Trade Commission

^Jim Jordan and Associates


[Federal Register Volume 82, Number 8 (Thursday, January 12, 2017)]
[Notices]
[Pages 3841-3842]
[FR Doc No: 2017-00549]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Office of Commercial Space Transportation; Notice of
Availability, Notice of Public Comment Period, and Request for Comment
on the Draft Environmental Assessment for Issuing a License to
LauncherOne, LLC for LauncherOne Launches at the Mojave Air and Space
Port, Kern County, California

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT), lead Federal agency. National Aeronautics and
Space Administration, cooperating agency.

ACTIONS: Notice of availability, notice of public comment period, and
request for comment.

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

SUMMARY: In accordance with the National Environmental Policy Act of
1969, as amended (NEPA; 42 United States Code 4321 et seq.), Council on
Environmental Quality NEPA implementing regulations (40 Code of Federal
Regulations parts 1500 to 1508), and FAA Order 1050.1F, Environmental
Impacts: Policies and Procedures, the FAA is announcing the
availability of and requesting comment on the Draft Environmental
Assessment for Issuing a License to LauncherOne, LLC for LauncherOne
Launches at the Mojave Air and Spaceport, Kern County, California
(Draft Environmental Assessment [EA]).

DATES: The public comment period for the Draft EA begins with the
issuance of this Notice of Availability and lasts 30 days. The FAA
encourages all interested parties to provide comments concerning the
scope and content of the Draft EA by February 13, 2017, or 30 days from
the date of publication of this Notice of Availability, whichever is
later.
    Before including your address, phone number, email address, or
other personal identifying information in your comment, be advised that
your entire comment--including your personal identifying information--
may be made publicly available at any time. While you can ask the FAA
in your comment to withhold from public review your personal
identifying information, the FAA cannot guarantee that we will be able
to do so.

ADDRESSES: Please submit comments or questions regarding the Draft EA
to Daniel Czelusniak, Environmental Specialist, Federal Aviation
Administration, 800 Independence Ave. SW., Suite 325, Washington, DC
20591; email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Daniel Czelusniak, Environmental
Specialist, Federal Aviation Administration, 800 Independence Avenue
SW., Suite 325, Washington, DC 20591; email<EMAIL_ADDRESS>or
phone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA is evaluating LauncherOne LLC's
(L1's) proposal to launch the LauncherOne at the Mojave Air and Space
Port in Kern County, California, for purposes of transporting small
satellites into a variety of Low Earth Orbits. The launch system
consists of the rocket (LauncherOne) and a carrier aircraft (Boeing
747). To operate LauncherOne at the Mojave Air and Space Port, L1 must
obtain a launch license from the FAA. Issuing a license is considered a
major Federal action subject to environmental review under NEPA. Under
the Proposed Action, the FAA would issue a launch license to L1 that
would allow L1 to operate LauncherOne from the Mojave Air and Space
Port. L1 is proposing a maximum of 115 launches over the course of the
5-year launch license (expected 2017-2021). The maximum number of
annual launches during this time period would be 40.
    Alternatives under consideration include the Proposed Action and
the No Action Alternative. Under the No Action Alternative, the FAA
would not issue a launch license for the operation of LauncherOne from
the Mojave Air and Space Port. Also, the FAA would not modify Mojave
Air and Space Port's launch site operator license to include
``orbital'' reusable launch vehicle missions. The Mojave Air and Space
Port would continue its existing operations.
    The Draft EA evaluates the potential environmental impacts from the
Proposed Action and No Action Alternative on air quality; biological
resources (including fish, wildlife, and plants); climate; Department
of Transportation Act, Section 4(f); hazardous materials, solid waste,
and pollution prevention; historical, architectural, archaeological,
and cultural resources; land use; noise and noise-compatible land use;

socioeconomics, environmental justice, and children's environmental
health and safety risks; visual effects; and water resources (including
wetlands, floodplains, surface waters, groundwater, and wild and scenic
rivers). Potential cumulative impacts are also addressed in the Draft
EA.
    The FAA has posted the Draft EA on the FAA Office of Commercial
Space Transportation Web site: http://www.faa.gov/about/office_org/headquarters_offices/ast/environmental/nepa_docs/review/launch/.

    Issued in Washington, DC, on January 5, 2017.
Daniel Murray,
Manager, Space Transportation Development Division.
[FR Doc. 2017-00549 Filed 1-11-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 64 (Wednesday, April 3, 2013)]
[Rules and Regulations]
[Pages 20001-20004]
[FR Doc No: 2013-07647]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[Docket No.: EPA-R10-OAR-2012-0017; FRL-9796-5]

Approval and Promulgation of Implementation Plans; Idaho:
Sandpoint PM10 Nonattainment Area Limited Maintenance Plan and
Redesignation Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The EPA is approving in part and disapproving in part the
Limited Maintenance Plan (LMP) submitted by the State of Idaho on
December 14, 2011, for the Sandpoint nonattainment area (Sandpoint NAA)
for particulate matter with an aerodynamic diameter less than or equal
to a nominal 10 micrometers (PM10), and approving the
State's request to redesignate this area to attainment for the
PM10 National Ambient Air Quality Standards (NAAQS). The EPA
is disapproving a separable part of the Sandpoint NAA LMP that does not
meet LMP eligibility criteria or applicable requirements under the
Clean Air Act (CAA). The part of the Sandpoint NAA LMP that the EPA is
approving complies with applicable requirements and meets the
requirements of the CAA for full approval. The EPA is also approving
the State's redesignation request because it meets CAA requirements for
redesignation.

DATES: This final rule is effective on May 3, 2013.

ADDRESSES: The EPA has established a docket for this action under
Docket Identification No. EPA-R10-OAR-2012-0017. All documents in the
docket are listed on the www.regulations.gov Web site. Although listed
in the index, some information may not be publicly available, i.e.,
Confidential Business Information or other information the disclosure
of which is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through
www.regulations.gov or in hard copy at EPA Region 10, Office of Air,
Waste and Toxics (AWT-107), 1200 Sixth Avenue, Suite 900, Seattle, WA
98101. The EPA requests that you contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to schedule your inspection. The
Regional Office's official hours of business are Monday through Friday,
8:30 to 4:30, excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kristin Hall at<PHONE_NUMBER>,
<EMAIL_ADDRESS>or the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.
Information is organized as follows:

Table of Contents

I. Background
II. Final Action
III. Statutory and Executive Order Reviews

I. Background

    On July 1, 1987, the EPA promulgated National Ambient Air Quality
Standards (NAAQS) for particulate matter with a nominal aerodynamic
diameter less than or equal to 10 micrometers (PM10) (52 FR
24634). The EPA established a 24-hour standard of 150 [micro]g/m\3\ and
an annual standard of 50 [micro]g/m\3\, expressed as an annual
arithmetic mean. The EPA also promulgated secondary PM10
standards that were identical to the primary standards. In a rulemaking
action dated October 17, 2006, the EPA retained the 24-hour
PM10 standard but revoked the annual PM10
standard (71 FR 61144, effective December 18, 2006).
    On August 7, 1987, the EPA designated the Sandpoint area as a
PM10 nonattainment area due to measured violations of the
24-hour PM10 standard (52 FR 29383). The notice announcing
the designation upon enactment of the 1990 CAA Amendments was published
on March 15, 1991 (56 FR 11101). On November 6, 1991, the Sandpoint
nonattainment area (Sandpoint NAA) was subsequently classified as
moderate under sections 107(d)(4)(B) and 188(a) of the CAA (56 FR
56694).
    After the Sandpoint NAA was designated nonattainment for
PM10, the State worked with the communities of Sandpoint,
Kootenai, and Ponderay to develop a plan to bring the area into
attainment no later than December 31, 1996. The State submitted the
plan to the EPA on August 16, 1996, as a moderate PM10 State
Implementation Plan (SIP) under section 189(a) of the CAA. The moderate
PM10 SIP included a comprehensive residential wood
combustion program, controls on fugitive road dust and emission
limitations on industrial sources. The EPA took final action to approve
the Sandpoint moderate PM10 SIP on June 26, 2002 (67 FR
43006). Subsequently on June 22, 2010, the EPA determined that the
Sandpoint NAA attained the PM10 NAAQS (75 FR 35302).
    On December 14, 2011, the State submitted to the EPA the Sandpoint
PM10 Limited Maintenance Plan (LMP) and requested that the
EPA redesignate the Sandpoint NAA to attainment for the PM10
NAAQS. The State also requested to revise control measures in the
Sandpoint PM10 SIP. On February 1, 2013, the EPA published a
Notice of Proposed Rulemaking (NPR) addressing the State's December 14,
2011 submittal (78 FR 7340). In the NPR, the EPA proposed to approve in
part and disapprove in part the Sandpoint NAA LMP submitted by the
State and to approve the State's request to redesignate this area to
attainment for the PM10 NAAQS. A detailed description of the
proposed partial approval and partial disapproval can be found in the
NPR. The EPA provided a 30-day review and comment period on the NPR,
published on February 1, 2013 (78 FR 7340). The public comment period
for the EPA's NPR closed on March 4, 2013. The EPA received no comments
on the proposed action.

II. Final Action

    The EPA is approving in part and disapproving in part the Sandpoint
NAA LMP submitted by the State on December 14, 2011, and approving the
State's request to redesignate this area to attainment for the
PM10 NAAQS. The Sandpoint NAA LMP submittal included a
request to approve revisions to the control measures included in the
PM10 attainment SIP for the Sandpoint NAA. The EPA is
approving the revised Sandpoint City Ordinance 965 for control of
residential burning because it strengthens the SIP. The EPA is also
approving the State's request to remove the Louisiana-Pacific
Corporation--Sandpoint operating permit control measure from the SIP
because the facility has ceased operations and has been dismantled.
However, the EPA is disapproving the State's request to remove the
operating permits for two other sources because these sources are still
in operation and the State did not provide a demonstration that removal
of the two permits would not interfere with attainment or maintenance
of the NAAQS. In addition, the removal of controls that were relied on
to demonstrate attainment would disqualify the Sandpoint NAA for LMP
eligibility and require that the State submit a full maintenance plan.
Because the State submitted the Sandpoint NAA LMP intending to qualify
for the LMP option, and did not submit a full maintenance plan, the EPA
is disapproving the separable portion of the submittal that is not
consistent with the LMP qualifying criteria. This partial disapproval
does not prevent the State from submitting a request for approval of a
SIP revision demonstrating that the removal of the two operating
permits does not interfere with attainment or maintenance of the NAAQS.
    The EPA's partial disapproval will be simultaneously corrected
because the EPA is, in this same action, fully approving the Sandpoint
NAA LMP with all control measures in place. Therefore, a fully approved
LMP is in place and no further submittal is required from the State to
address the partial disapproval.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and the EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action 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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 3, 2013. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Particulate Matter, and Reporting and recordkeeping
requirements.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks,
Wilderness areas.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: March 18, 2013.
Dennis J. McLerran,
Regional Administrator, Region 10.
    40 CFR parts 52 and 81 are amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart N--Idaho

0
2. Section 52.670 is amended by:
0
a. In paragraph (c) by removing the entry for ``City of Sandpoint
Ordinance No. 965'' and adding in its place the following entry for
``City of Sandpoint Chapter 8 Air Quality (4-8-1 through 4-8-14).''
0
b. In paragraph (d) by removing the entry for ``Louisiana Pacific
Corporation, Sandpoint, Idaho.''
0
c. In paragraph (e) by adding an entry to the end of the table.
    The additions read as follows:

Sec.  52.670  Identification of plan.

* * * * *
    (c) * * *

                                   EPA-Approved Idaho Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                        State effective
         State citation              Title/subject           date          EPA approval date     Explanations
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
                                           City and County Ordinances
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
City of Sandpoint Chapter 8 Air   Solid Fuel Heating  09/21/11 (City      04/03/13..........  Codified version
 Quality (4-8-1 through 4-8-14).   Appliances.         adoption date).    [Insert page         of City of
                                                                           number where the    Sandpoint
                                                                           document begins].   Ordinance No. 965
                                                                                as amended by
                                                                                Ordinance No.
                                                                                1237 and
                                                                                Ordinance No.
                                                                                1258. Sandpoint
                                                                                PM10 Limited
                                                                                Maintenance Plan.

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

* * * * *
    (e) * * *

                                        EPA-Approved Idaho Nonregulatory Provisions and Quasi-Regulatory Measures
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                         Applicable
       Name of SIP provision         geographic or non-        State        EPA approval date                           Comments
                                       attainment area    Submittal date
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Sandpoint PM10 Nonattainment Area   Bonner County:            12/14/2011  04/03/2013..........
 Limited Maintenance Plan.           Sandpoint Area.                      [Insert page number
                                                                           where the document
                                                                           begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

0
4. In Sec.  81.313, the table entitled ``Idaho-PM-10'' is amended by
revising the entry for ``Bonner County: Sandpoint Area'' to read as
follows:

Sec.  81.313  Idaho.

* * * * *

                                                   Idaho-PM-10
----------------------------------------------------------------------------------------------------------------
                                                    Designation                         Classification
            Designated area            -------------------------------------------------------------------------
                                            Date              Type               Date              Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Bonner County: Sandpoint Area: Section      06/3/13  Attainment
 1-3, 9-12, 15, 16, 21, 22, 27, 28 of
 range 2 west and Township 57 north;
 and the western [frac34] of Sections
 14, 23 and 26 of the same Township
 and range coordinates.

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

* * * * *
[FR Doc. 2013-07647 Filed 4-2-13; 8:45 am]
BILLING CODE 6560-50-P