[Federal Register Volume 87, Number 27 (Wednesday, February 9, 2022)]
[Rules and Regulations]
[Pages 7388-7393]
[FR Doc No: 2022-02560]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2020-0419 and EPA-HQ-OPP-2021-0020; FRL-9482-01-OCSPP]

Fludioxonil; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes or amends tolerances for residues
of fludioxonil in or on multiple crops that are referenced later in
this document. The Interregional Project Number 4 (IR-4) and Syngenta
Crop Protection, LLC requested these tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective February 9, 2022. Objections and
requests for hearings must be received on or before April 11, 2022, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The dockets for this action, identified by docket
identification (ID) numbers EPA-HQ-OPP-2020-0419 and EPA-HQ-OPP-2021-
0020, are available online at https://www.regulations.gov or in-person
at the Office of Pesticide Programs Regulatory Public Docket (OPP
Docket) in the Environmental Protection Agency Docket Center (EPA/DC),
West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave.
NW, Washington, DC 20460-0001.
    Due to the public health emergency, the EPA Docket Center (EPA/DC)
and Reading Room is open to visitors by appointment only. For the
latest status information on EPA/DC services, docket

access, visit https://www.epa.gov/dockets.

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

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

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

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

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

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

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID numbers EPA-HQ-OPP-2020-0419 and EPA-HQ-OPP-2021-0020 in the
subject line on the first page of your submission. All objections and
requests for a hearing must be in writing and must be received by the
Hearing Clerk on or before April 11, 2022. Addresses for mail and hand
delivery of objections and hearing requests are provided in 40 CFR
178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID numbers EPA-HQ-OPP-2020-0419 and EPA-
HQ-OPP-2021-0020, by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/where-send-comments-epa-dockets.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of June 28, 2021 (86 FR 33922) (FRL-10025-
08) and in the Federal Register of February 25, 2021 (86 FR 11488)
(FRL-10020-47), EPA issued a document pursuant to FFDCA section
408(d)(3), 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide
petition (PP 0E8847) by IR-4, North Carolina State University, 1730
Varsity Drive, Venture IV, Suite 210, Raleigh, NC 27606. The February
25, 2021, notice erroneously identified Syngenta as the petitioner. The
petition requested that 40 CFR 180.516 be amended by establishing
tolerances for residues of fludioxonil, [4-(2, 2-difluoro-1,3-
benzodioxol-4-yl)-1H-pyrrole-3-carbonitrile] in or on the raw
agricultural commodities: Carrot, roots at 7 parts per million (ppm);
Celtuce at 15 ppm; Cottonseed subgroup 20C at 0.05 ppm; Dragon fruit at
20 ppm; Durian at 20 ppm; Fennel, Florence, fresh leaves and stalk at
15 ppm; Jackfruit at 20 ppm; Leaf petiole vegetable subgroup 22B at 15
ppm; Leafy greens subgroup 4-16A at 30 ppm; Mangosteen at 5 ppm;
Persimmon, Japanese at 5 ppm; Sunflower subgroup 20B at 0.01 ppm;
Tropical and subtropical, small fruit, inedible peel, subgroup 24A at
20 ppm; Vegetable, legume, group 6, except bean, dry and bean,
succulent at 0.01 ppm; Vegetable, root, except sugar beet, subgroup 1B,
except carrot and ginseng at 0.75 ppm; and Vegetable, tuberous and
corm, subgroup 1C, except yam, true, tuber at 6 ppm. The petition also
requested to remove established tolerances for residues of fludioxonil,
[4-(2, 2-difluoro-1,3- benzodioxol-4-yl)-1H-pyrrole-3- carbonitrile] in
or on the raw agricultural commodities: Carrots at 7.0 ppm; Cotton,
undelinted seed at 0.05 ppm; Dragon fruit at 1.0 ppm; Leaf petioles
subgroup 4B at 15 ppm; Leafy greens subgroup 4A at 30 ppm; Longan at 20
ppm; Lychee at 20 ppm; Melon subgroup 9A at 0.03 ppm; Safflower, seed
at 0.01 ppm; Spanish lime at 20 ppm; Sunflower, seed at 0.01 ppm;
Vegetable, legume, group 6 at 0.01 ppm; Vegetable, root, except sugar
beet, subgroup 1B at 0.75 ppm; and Vegetable, tuberous and corm,
subgroup 1C at 6.0 ppm. That document referenced a summary of the
petition prepared by Syngenta Crop Protection, the registrant, which is
available in docket ID number EPA-HQ-OPP-2020-0419 at https://www.regulations.gov. There were no comments received in response to the
notice of filing.
    Also, in the Federal Register of February 25, 2021 (86 FR 11488)
(FRL-10020-47) EPA issued a document pursuant to FFDCA section
408(d)(3), 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide
petition (PP 0F8858) by Syngenta Crop Protection, LLC, P.O. Box 18300,
Greensboro, NC 27419. The petition requested that 40 CFR 180.516 be
amended by establishing tolerances for residues of fludioxonil, [4-(2,
2-difluoro-1,3-benzodioxol-4-yl)-1H-pyrrole-3-carbonitrile] in or on
the raw agricultural commodities tree nut crop group 14-12, except
pistachios at 0.2 ppm and almond hulls at 15 ppm. That document
referenced a summary of the petition prepared by Syngenta Crop
Protection, the registrant, which is available in docket ID number EPA-
HQ-OPP-2021-0020 at https://www.regulations.gov. There were no comments
received in response to the notice of filing.
    Based upon review of the data supporting the petition, EPA is
establishing one tolerance at a different level than petitioned for,
has modified the nut tolerances, and has modified some of the commodity
definitions. A discussion of these modifications can be found in unit
IV.C.

III. Aggregate Risk Assessment and Determination of Safety

    FFDCA Section 408(b)(2)(A)(i) allows EPA to establish a tolerance
(the legal limit for a pesticide chemical residue in

or on a food) only if EPA determines that the tolerance is ``safe.''
Section 408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there
is a reasonable certainty that no harm will result from aggregate
exposure to the pesticide chemical residue, including all anticipated
dietary exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
    Consistent with FFDCA section 408(b)(2)(D), and the factors
specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for fludioxonil including exposure
resulting from the tolerance established by this action. EPA's
assessment of exposures and risks associated with fludioxonil follows.
    In an effort to streamline its publications in the Federal
Register, EPA is not reprinting sections that repeat what has been
previously published for tolerance rulemaking of the same pesticide
chemical. Where scientific information concerning a particular chemical
remains unchanged, the content of those sections would not vary between
tolerance rulemaking and republishing the same sections is unnecessary.
EPA considers referral back to those sections as sufficient to provide
an explanation of the information EPA considered in making its safety
determination for the new rulemaking.
    EPA has previously published a number of tolerance rulemakings for
fludioxonil in which EPA concluded, based on the available information,
that there is a reasonable certainty that no harm would result from
aggregate exposure to fludioxonil and established tolerances for
residues of that chemical. EPA is incorporating previously published
sections from those rulemakings as described further in this
rulemaking, as they remain unchanged.
    Toxicological profile. For a discussion of the Toxicological
Profile of fludioxonil, see Unit III.A. of the November 6, 2018, final
rulemaking (83 FR 55491) (FRL-9982-75).
    Toxicological points of departure/Levels of concern. For a summary
of the Toxicological Points of Departure/Levels of Concern for
fludioxonil used for human risk assessment, please reference Unit
III.B. of the August 14, 2015, rulemaking (80 FR 48743) (FRL-9931-06).
    Exposure assessment. Much of the exposure assessment remains the
same although updates have occurred to accommodate exposures from the
petitioned-for tolerances. These updates are discussed in this section;
for a description of the rest of the EPA approach to and assumptions
for the exposure assessment, please reference Unit III.C. of the
November 6, 2018, rulemaking.
    EPA's dietary exposure assessments have been updated to include the
additional exposure from the new uses of fludioxonil on the crops and
the crop group conversions and expansions requested in these actions.
The dietary exposure assessment used the same assumptions as the
November 6, 2018, final rule, including tolerance level residues and
100 percent crop treated (PCT).
    Drinking water exposure. The new uses do not result in an increase
in the estimated residue levels in drinking water, so the estimated
drinking water concentrations used in 2018 final rule are the same as
those used in this assessment.
    Non-occupational exposure. The assessment used the same assumptions
as the November 6, 2018, final rule. The residential exposures used in
the aggregate assessment are inhalation exposures from handlers
applying paints with airless sprayers for adults and incidental oral
exposures (hand-to-mouth) from post-application exposure to outdoor
treated turf for children 1 to <2 years old.
    Cumulative exposure. Unlike other pesticides for which EPA has
followed a cumulative risk approach based on a common mechanism of
toxicity, EPA has not made a common mechanism of toxicity finding as to
fludioxonil and any other substances and fludioxonil does not appear to
produce a toxic metabolite produced by other substances. For the
purposes of this tolerance action, therefore, EPA has not assumed that
fludioxonil has a common mechanism of toxicity with other substances.
    Safety factor for infants and children. EPA continues to conclude
that there are reliable data to support the reduction of the Food
Quality Protection Act (FQPA) safety factor. See Unit III.D. of the
November 6, 2018, rulemaking for a discussion of the Agency's rationale
for that determination.
    Aggregate risks and determination of safety. EPA determines whether
acute and chronic dietary pesticide exposures are safe by comparing
aggregate exposure estimates to the acute population adjusted dose
(aPAD) and chronic population adjusted dose (cPAD). Short-,
intermediate-, and chronic-term risks are evaluated by comparing the
estimated aggregate food, water, and residential exposure to the
appropriate points of departure to ensure that an adequate margin of
exposure (MOE) exists. For linear cancer risks, EPA calculates the
lifetime probability of acquiring cancer given the estimated aggregate
exposure.
    An acute dietary exposure assessment was not performed as there
were no appropriate toxicological effects attributable to a single
exposure (dose) observed in available oral toxicity studies, including
maternal toxicity in the developmental toxicity studies. Fludioxonil is
not expected to pose an acute risk. Chronic dietary risks are below the
Agency's level of concern of 100% of the cPAD: They are 52% of the cPAD
for children 1 to 2 years old, the group with the highest exposure. EPA
has concluded the combined short-term food, water, and residential
exposures result in margins of exposure above the level of concern of
100 for all scenarios assessed and are not of concern. Intermediate-
and long-term aggregate risk assessments were not performed because
there are no registered or proposed uses of fludioxonil that result in
intermediate- or long-term residential exposures. A cancer dietary
exposure and risk assessment was not conducted for fludioxonil as it is
a Group D chemical--not classifiable as to human carcinogenicity.
    Therefore, based on the risk assessments and information described
above, EPA concludes there is a reasonable certainty that no harm will
result to the general population, or to infants and children, from
aggregate exposure to fludioxonil residues. More detailed information
on this action can be found in the document titled ``Fludioxonil. Human
Health Risk Assessment for Section 3 Registration for Crop Group
Conversions/Expansions for Cottonseed subgroup 20C, Fennel, Florence,
Fresh Leaves and Stalk; Leaf Petiole Vegetable Subgroup 22B; Leafy
Greens Subgroup 4-16A; Sunflower Subgroup 20B, Tropical and
Subtropical, Small Fruit, Inedible Peel, Subgroup 24A and to Establish
an Individual Tolerance for Residues in/on Tree Nuts Crop Group 14-12,
Dragon Fruit, Durian, Japanese Persimmon,

Jackfruit, and Mangosteen.'' (hereafter ``the Fludioxonil Human Health
Risk Assessment'') in docket ID numbers EPA-HQ-OPP-2020-0419 and EPA-
HQ-OPP-2021-0020.

IV. Other Considerations

A. Analytical Enforcement Methodology

    For a discussion of the available analytical enforcement method,
see Unit IV.A. of the November 6, 2018, rulemaking.

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4).
    The U.S. tolerances for cottonseed subgroup 20C; leaf petiole
vegetable subgroup 22B; and persimmon, Japanese are harmonized with
Codex MRLs. There are no Codex MRLs for many of the commodities
included in this action, including almond; almond, hulls; celtuce;
dragon fruit; durian; jackfruit; mangosteen; pecan; sugar apple;
sunflower subgroup 20B; and tropical and subtropical, small fruit,
inedible peel, subgroup 24A.
    Several U.S. tolerances are higher than the corresponding Codex
MRLs. The following U.S. tolerances cannot be harmonized with Codex
because U.S. growers could have violative residues despite legal use of
fludioxonil: Carrot, roots at 7 ppm (Codex MRL is 1 ppm) and fennel,
Florence, fresh leaves and stalk at 15 ppm (Codex MRL is 9 ppm).
    The U.S. tolerance for vegetable, legume group 6 at 0.01 ppm
reflects seed treatment use. It is not appropriate to harmonize with
the significantly higher Codex MRL of 0.6 ppm because the tolerance
would not be effective for determining misuse. For a few other U.S.
subgroup tolerances, EPA is not harmonizing with relevant Codex MRLs,
which are established for individual commodities and vary widely among
those commodities. The available representative commodity data support
the crop subgroup and EPA's general approach is to establish a crop
group or subgroup tolerance when supported by available representative
commodity data, rather than break up the group or subgroup for
harmonization purposes. The U.S. tolerance for leafy greens subgroup 4-
16A at 30 ppm is not harmonized with all relevant Codex MRLs for
commodities in that group (e.g., head lettuce at 10 ppm and leaf
lettuce at 40 ppm), although it is harmonized with the tolerance for
spinach. The registrant requested that the leafy greens subgroup 4-16A
tolerance be harmonized with the Canadian MRL of 30 ppm because Canada
is a major trading partner with the U.S. for these crops. For
vegetable, root, except sugar beet, subgroup 1B, the U.S. tolerance is
harmonized with the Canadian MRL at 0.75 ppm, rather than splitting the
group and harmonizing individually with the Codex MRLs of 4 ppm for
ginseng, root and 0.3 ppm for radish, root. Finally, the U.S. tolerance
for vegetable, tuberous and corm, subgroup 1C is harmonized with the
Canadian MRL at 6 ppm, rather than splitting the group and harmonizing
individually with the Codex MRLs of 5 ppm for potato and 10 ppm for
sweet potato. Finally, EPA is not harmonizing the U.S. tolerance for
vegetable, cucurbit, group 9 with the Codex MRL of 0.5 ppm because the
registrant requested that EPA harmonize this tolerance group with the
Canadian MRL of 0.45 ppm instead because Canada is a major trading
partner for these crops.

C. Revisions to Petitioned-For Tolerances

    One petitioner requested an exception for carrot and ginseng from
vegetable, root, except sugar beet, subgroup 1B; and yam, true, tuber
from vegetable, tuberous and corm, subgroup 1C. EPA is not excepting
carrot and yam from their respective subgroups because representative
crops may not be excepted from a crop subgroup under 40 CFR 180.40(h).
Although an individual tolerance has been established for ginseng, EPA
does not believe it is necessary to exclude ginseng from the vegetable,
root, except sugar beet, subgroup 1B tolerance, as residues will be
enforced according to the higher tolerance. EPA is adjusting the
tolerance level for vegetable, tuberous and corm, subgroup 1C to be
consistent with Agency rounding class practice. For tree nut crop group
14-12, maximum fludioxonil residues in representative crops were not
within a factor of five of each other. Based on the residue data, the
recommended tolerance for residues in/on almond is 0.2 ppm and the
recommended tolerance for residues in/on pecan is 0.01 ppm. In those
circumstances, the Agency will normally establish individual crop
tolerances, if supported by the available residue data. EPA has
determined that the available data supports individual nut tolerance
levels, based on translation from the representative commodities to the
various nut commodities as specified in the 2010 EPA analysis of IR-4's
petition to amend crop group. See U.S. EPA, Memorandum re: ``Crop
Grouping--Part IX: Analysis of the USDA IR-4 Petition to Amend the Crop
Group Regulation 40 CFR 180.41(c)(16) and Commodity Definitions (40 CFR
180.1(g)) Related to the Crop Group 14 Tree Nuts. Part I. Analysis.''
at 134-136 (Sept. 30, 2010). Specifically, EPA is establishing
tolerances of 0.2 ppm for the nut commodities that identified almond as
the representative commodity and tolerances of 0.01 ppm for the nut
commodities that identified pecan as the representative commodity.

V. Conclusion

    Therefore, tolerances are established for residues of fludioxonil
in or on African Tree Nut at 0.01 ppm; Almond at 0.2 ppm; Almond, hulls
at 15 ppm; Beechnut at 0.2 ppm; Brazil nut at 0.01 ppm; Brazilian pine
at 0.2 ppm; Bunya at 0.2 ppm; Bur oak at 0.01 ppm; Butternut at 0.01
ppm; Cajou at 0.01 ppm; Candlenut at 0.2 ppm; Carrot, roots at 7 ppm;
Cashew at 0.01 ppm; Celtuce at 15 ppm; Chestnut at 0.2 ppm; Chinquapin
at 0.2 ppm; Coconut at 0.01 ppm; Coquito nut at 0.01 ppm; Cottonseed
subgroup 20C at 0.05 ppm; Dika nut at 0.01 ppm; Durian at 20 ppm;
Fennel, Florence, fresh leaves and stalk at 15 ppm; Ginkgo at 0.2 ppm;
Guiana chestnut at 0.01 ppm; Hazelnut at 0.01 ppm; Heartnut at 0.01
ppm; Hickory nut at 0.01 ppm; Jackfruit at 20 ppm; Japanese horse-
chestnut at 0.01 ppm; Leaf petiole vegetable subgroup 22B at 15 ppm;
Leafy greens subgroup 4-16A at 30 ppm; Macadamia nut at 0.01 ppm;
Mangosteen at 5 ppm; Mongongo nut at 0.01 ppm; Monkey puzzle at 0.2
ppm; Monkey-pot at 0.01 ppm; Okari nut at 0.2 ppm; Pachira nut at 0.01
ppm; Peach palm nut at 0.2 ppm; Pecan at 0.01 ppm; Pequi at 0.2 ppm;
Persimmon, Japanese at 5 ppm; Pili nut at 0.2 ppm; Pine nut at 0.2 ppm;
Sapucaia nut at 0.01 ppm; Sunflower subgroup 20B at 0.01 ppm; Tropical
almond at 0.2 ppm; Tropical and subtropical, small fruit, inedible
peel, subgroup 24A at 20 ppm; Walnut, black at 0.01 ppm; Walnut,
English at 0.01 ppm; and Yellowhorn at 0.01 ppm.
    EPA is amending the tolerance for Dragon fruit from 1.0 ppm to 20
ppm, the tolerance for Pistachio from 0.10 ppm to 0.1 ppm, and the
tolerance for Vegetable, tuberous and corm, subgroup 1C from 6.0 ppm to
6 ppm. The commodity definition for Vegetable, legume, group 6 is
amended to Vegetable, legume, group 6, except bean while maintaining
the tolerance at 0.01 ppm.

    Additionally, the following tolerances are removed as unnecessary
due to the establishment of the above tolerances: Carrots at 7.0 ppm;
Cotton, undelinted seed at 0.05 ppm; Leaf petioles subgroup 4B at 15
ppm; Leafy greens subgroup 4A at 30 ppm; Longan at 20 ppm; Lychee at 20
ppm; Safflower, seed at 0.01 ppm; Spanish lime at 20 ppm; and
Sunflower, seed at 0.01 ppm. In addition, EPA is removing the tolerance
for the Melon subgroup, since it is unnecessary due to the tolerance
for cucurbit vegetables, group 9 at 0.45 ppm.

VI. Statutory and Executive Order Reviews

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

VII. Congressional Review Act (CRA)

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

List of Subjects in 40 CFR Part 180

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

    Dated: February 2, 2022.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.

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

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

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

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

0
2. In Sec.  180.516, amend the table in paragraph (a) (1) by:
0
a. Adding in alphabetical order the entries ``African Tree Nut'';
``Almond''; ``Almond, hulls''; ``Beechnut''; ``Brazil nut'';
``Brazilian pine''; ``Bunya''; ``Bur oak''; ``Butternut''; ``Cajou'';
and ``Candlenut''.
0
b. Removing the entry for ``Carrots''.
0
c. Adding in alphabetical order the entries ``Carrot, roots'';
``Cashew''; ``Celtuce''; ``Chestnut''; ``Chinquapin''; ``Coconut'';
``Coquito nut''; and ``Cottonseed subgroup 20C''.
0
d. Removing the entry for ``Cotton, undelinted seed''.
0
e. Adding in alphabetical order the entry ``Dika nut''.
0
f. Revising the entry for ````Dragon fruit''.
0
g. Adding in alphabetical order the entries ``Durian''; ``Fennel,
Florence, fresh leaves and stalk''; ``Ginkgo''; ``Guiana chestnut'';
``Hazelnut''; ``Heartnut''; ``Hickory nut''; ``Jackfruit''; and
``Japanese horse-chestnut''.
0
h. Removing the entry for ``Leaf petioles subgroup 4B''.
0
i. Adding in alphabetical order the entry ``Leaf petiole vegetable
subgroup 22B''.
0
j. Removing the entry for ``Leafy greens subgroup 4A''.
0
k. Adding in alphabetical order the entry ``Leafy greens subgroup 4-
16A''.
0
l. Removing the entries for ``Longan''; and ``Lychee''.
0
m. Adding in alphabetical order the entries ``Macadamia nut''; and
``Mangosteen''.
0
n. Removing the entry for ``Melon subgroup 9A''.
0
o. Adding in alphabetical order the entries ``Mongongo nut''; ``Monkey
puzzle''; ``Monkey-pot''; ``Okari nut''; ``Pachira nut''; ``Peach palm
nut''; ``Pecan''; ``Pequi''; ``Persimmon, Japanese''; ``Pili nut''; and
``Pine nut''.
0
p. Revising the entry for ``Pistachio''.
0
q. Removing the entry for ``Safflower, seed''.
0
r. Adding in alphabetical order the entry ``Sapucaia nut''.
0
s. Removing the entries for ``Spanish lime''; and ``Sunflower, seed''.
0
t. Adding in alphabetical order the entries ``Sunflower subgroup 20B'';
``Tropical almond''; and ``Tropical and subtropical, small fruit,
inedible peel, subgroup 24A''.
0
u. Removing the entry for ``Vegetable, legume, group 6''.
0
v. Adding in alphabetical order the entry ``Vegetable, legume, group 6,
except bean''.
0
w. Revising the entry for ``Vegetable, tuberous and corm, subgroup
1C''.
0
x. Adding in alphabetical order the entries ``Walnut, black'';
``Walnut, English''; and ``Yellowhorn''.
    The additions and revisions read as follows:

Sec.  180.516   Fludioxonil; tolerances for residues.

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

                       Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
------------------------------------------------------------------------

                                * * * * *
African Tree Nut............................................        0.01
Almond......................................................         0.2
Almond, hulls...............................................          15

                                * * * * *
Beechnut....................................................         0.2

                                * * * * *
Brazil nut..................................................        0.01
Brazilian pine..............................................         0.2
Bunya.......................................................         0.2
Bur oak.....................................................        0.01

                                * * * * *
Butternut...................................................        0.01
Cajou.......................................................        0.01
Candlenut...................................................         0.2

                                * * * * *
Carrot, roots...............................................           7
Cashew......................................................        0.01
Celtuce.....................................................          15

                                * * * * *
Chestnut....................................................         0.2
Chinquapin..................................................         0.2

                                * * * * *
Coconut.....................................................        0.01
Coquito nut.................................................        0.01

                                * * * * *
Cottonseed subgroup 20C.....................................        0.05

                                * * * * *
Dika nut....................................................        0.01
Dragon fruit................................................          20
Durian......................................................          20

                                * * * * *
Fennel, Florence, fresh leaves and stalk....................          15

                                * * * * *
Ginkgo......................................................         0.2

                                * * * * *
Guiana chestnut.............................................        0.01
Hazelnut....................................................        0.01
Heartnut....................................................        0.01

                                * * * * *
Hickory nut.................................................        0.01

                                * * * * *
Jackfruit...................................................          20
Japanese horse-chestnut.....................................        0.01

                                * * * * *
Leaf petiole vegetable subgroup 22B.........................          15
Leafy greens subgroup 4-16A.................................          30
Macadamia nut...............................................        0.01

                                * * * * *
Mangosteen..................................................           5
Mongongo nut................................................        0.01
Monkey puzzle...............................................         0.2
Monkey-pot..................................................        0.01
Okari nut...................................................         0.2

                                * * * * *
Pachira nut.................................................        0.01

                                * * * * *
Peach palm nut..............................................         0.2

                                * * * * *
Pecan.......................................................        0.01
Pequi.......................................................         0.2
Persimmon, Japanese.........................................           5
Pili nut....................................................         0.2
Pine nut....................................................         0.2

                                * * * * *
Pistachio...................................................         0.1

                                * * * * *
Sapucaia nut................................................        0.01

                                * * * * *
Sunflower subgroup 20B......................................        0.01

                                * * * * *
Tropical almond.............................................         0.2
Tropical and subtropical, small fruit, inedible peel,                 20
 subgroup 24A...............................................

                                * * * * *
Vegetable, legume, group 6, except bean.....................        0.01

                                * * * * *
Vegetable, tuberous and corm, subgroup 1C...................           6
Walnut, black...............................................        0.01
Walnut, English.............................................        0.01

                                * * * * *
Yellowhorn..................................................        0.01
------------------------------------------------------------------------
\1\ There are no U.S. registrations as of July 28, 2021.

* * * * *
[FR Doc. 2022-02560 Filed 2-8-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 69 (Thursday, April 10, 2014)]
[Notices]
[Pages 19893-19894]
[FR Doc No: 2014-08032]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP14-112-000]

Notice of Application: Empire Pipeline, Inc. and National Fuel
Gas Supply Corporation

    Take notice that on March 18, 2014, Empire Pipeline, Inc. (Empire)
and National Fuel Gas Supply Corporation (NFG) filed a joint
application with the Federal Energy Regulatory Commission pursuant to
sections 7(b) and 7(c) of the Natural Gas Act (NGA) requesting
authority to construct and operate the Tuscarora Lateral Project in
Steuben County, New York and Tioga County, Pennsylvania. Specifically,
Empire requests authorization to: (i) Lease storage and transportation
capacity from National Fuel; (ii) construct approximately 17 miles of
12 and 16-inch diameter pipeline; (iii) construct an interconnection
and related facilities to connect Empire's system to National Fuel's;
(iv) if required, perform rewheeling of compressor units at the
existing Oakfield Compressor Station; (v) provide new firm and
interruptible storage and transportation services; and (vi) lease
capacity from National Fuel. National Fuel seeks authorization to (i)
lease storage and transportation capacity to Empire; (ii) construct and
operate additional facilities at its Tuscarora Compressor Station; and
(iii) make tariff revisions that recognize leased capacity. The total
cost of the project would be approximately $43.7 million, and is more
fully explained in the application which is on file with the Commission
and open to public inspection.
    This filing is available for review at the Commission in the Public
Reference Room or may be viewed on the Commission's Web site web at
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    Any questions regarding the application should be directed David W.
Reitz, Deputy General Counsel National Fuel Gas Supply Corporation and
Attorney for Empire Pipeline, Inc., 6363 Main Street, Williamsville,
New York 14221, by phone at<PHONE_NUMBER>, by fax at<PHONE_NUMBER> or
by email at<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party

status will be placed on the service list maintained by the Secretary
of the Commission and will receive copies of all documents filed by the
applicant and by all other parties. A party must submit seven copies of
filings made in the proceeding with the Commission and must mail a copy
to the applicant and to every other party. Only parties to the
proceeding can ask for court review of Commission orders in the
proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and seven copies of the protest or intervention to
the Federal Energy regulatory Commission, 888 First Street NE.,
Washington, DC 20426.
    Comment Date: April 23, 2014.

    Dated: April 2, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-08032 Filed 4-9-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 246 (Tuesday, December 22, 2020)]
[Notices]
[Pages 83672-83675]
[FR Doc No: 2020-28324]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2020-0862]

COVID-19 Related Relief Concerning Operations at Chicago O'Hare
International Airport, John F. Kennedy International Airport, Los
Angeles International Airport, Newark Liberty International Airport,
New York LaGuardia Airport, Ronald Reagan Washington National Airport,
and San Francisco International Airport for the Summer 2021 Scheduling
Season

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of proposed extension of a limited, conditional waiver
of the minimum slot usage requirement.

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

SUMMARY: Due to ongoing coronavirus disease 2019 (COVID-19)-related
impacts on demand for air travel, the FAA seeks comment on providing
additional relief at slot-controlled and designated International Air
Transport Association (IATA) Level 2 airports in the United States with
regard to the Summer 2021 scheduling season ending on October 30, 2021.
Two options are presented for comment: Continuation of the existing
relief that the FAA has provided at these airports through March 27,
2021, on the same terms currently in effect; and a proposal by the
Worldwide Airport Slot Board (WASB), which includes representatives of
IATA, the Airports Council International-World (ACI World), and the
Worldwide Airport Coordinators Group (WWACG). The FAA invites comment
on these two different approaches for the Summer 2021 scheduling season
and anticipates subsequently providing notice of its final decision.
Commenters may also propose different or additional options for relief.
The FAA further invites comment on whether the proposal adopted by the
FAA should make relief available for the full duration of the Summer
2021 scheduling season, which ends on October 30, 2021.

DATES: Submit comments on or before December 29, 2020.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001;
telephone:<PHONE_NUMBER>, or<PHONE_NUMBER>. You must identify FAA
Docket Number FAA-2020-0862 at the beginning of your comments. You may
also submit comments through the internet at https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Bonnie Dragotto, Office of the Chief
Counsel, Regulations Division, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
3808; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Current Slot Usage and Related Relief Due to COVID-19

    In a notice published in the Federal Register on October 7, 2020
(85 FR 63335),\1\ the FAA made available to slot holders at John F.
Kennedy International Airport (JFK), New York LaGuardia Airport (LGA),
and Ronald

Reagan Washington National Airport (DCA) a waiver from the minimum slot
usage requirements due to continuing COVID-19 impacts through March 27,
2021,\2\ subject to each of the following conditions:
---------------------------------------------------------------------------

    \1\ The FAA has authority for developing ``plans and policy for
the use of the navigable airspace and for assigning ``by regulation
or order the use of the airspace necessary to ensure the safety of
aircraft and the efficient use of airspace.'' 49 U.S.C. 40103(b)(1).
The FAA manages slot usage requirements under the authority of 14
CFR 93.227 at DCA and under the authority of Orders at JFK and LGA.
See Operating Limitations at John F. Kennedy International Airport,
85 FR 58258 (Sep. 18, 2020); Operating Limitations at New York
LaGuardia Airport, 85 FR 58255 (Sep. 18, 2020).
    \2\ Although DCA and LGA are not designated as IATA Level 3
slot-controlled airports given that these airports primarily serve
domestic destinations, the FAA limits operations at these airports
via rules at DCA and an Order at LGA that are equivalent to IATA
Level 3. See FN 1. The FAA reiterates that the relief provided in
the March 16, 2020, notice (85 FR 15018), the April 17, 2020, notice
(85 FR 21500), and the October 7, 2020, notice (85 FR 63335),
extends to all allocated slots, including slots allocated by
exemption. As proposed in this notice, either option would similarly
apply to all allocated slots, including slots allocated by
exemption.
---------------------------------------------------------------------------

    (1) All slots not intended to be operated must be returned at least
four weeks prior to the date of the FAA-approved operation to allow
other carriers an opportunity to operate these slots on an ad hoc basis
without historic precedence.
    (2) The waiver does not apply to slots newly allocated for initial
use during the Winter 2020/2021 season. New allocations meeting minimum
usage requirements remain eligible for historic precedence. The waiver
does not apply to historic in-kind slots within any 30-minute or 60-
minute time period, as applicable, in which a carrier seeks and obtains
a similar new allocation (i.e., arrival or departure, air carrier or
commuter, if applicable).
    (3) The waiver does not apply to slots newly transferred on an
uneven basis (i.e., via one-way slot transaction/lease) after October
15, 2020, for the duration of the transfer. Slots transferred prior to
this date may benefit from the waiver if all other conditions are met.
Slots granted historic precedence for subsequent seasons based on this
relief are not eligible for transfer if the slot holder ceases all
operations at the airport.
    Additionally, an exception may be granted and the waiver therefore
applied, if a government's official action (e.g., travel prohibition or
other restriction due to COVID-19), prevents the operation of a flight
on a particular route that a carrier otherwise intended to operate.
This exception is being administered by the FAA in coordination with
the Office of the Secretary of Transportation (OST). This exception
applies under extraordinary circumstances only in which a carrier is
able to demonstrate an inability to operate a particular flight or
comply with the conditions of the proposed waiver due to an official
governmental prohibition or restriction.
    In addition, at designated IATA Level 2 U.S. airports--Chicago
O'Hare International Airport (ORD), Newark Liberty International
Airport (EWR), Los Angeles International Airport (LAX), and San
Francisco International Airport (SFO)--the FAA determined to extend
through March 27, 2021 its policy for prioritizing flights canceled due
to COVID-19 for purposes of establishing a carrier's operational
baseline in the next corresponding season, subject to the following
conditions:
    (1) All schedules as initially submitted by carriers and approved
by the FAA and not intended to be operated must be returned at least
four weeks prior to the date of the FAA-approved operation to allow
other carriers an opportunity to operate these times on an ad hoc basis
without historic precedence.
    (2) The priority for FAA schedules approved for Winter 2020/2021
does not apply to net-newly approved operations for initial use during
the Winter 2020/2021 season. New approved times would remain eligible
for priority consideration in Winter 2021/2022 if actually operated in
Winter 2020/2021 according to established processes.
    Consistent with the policy for slot-controlled airports, limited
exceptions may be granted from either or both of these conditions at
Level 2 airports under extraordinary circumstances if a government's
official action (e.g., travel prohibition or other restriction due to
COVID-19), prevents the operation of a flight on a particular route
that a carrier otherwise intended to operate. This exception applies
under extraordinary circumstances only in which a carrier is able to
demonstrate an inability to operate a particular flight or comply with
the conditions of the proposed waiver due to an official governmental
prohibition or restriction. If the exception is determined not to
apply, carriers are expected to meet the conditions for relief or
operate consistent with standard expectations for the Level 2
environment. This limited, conditional relief remains available through
March 27, 2021.

Current COVID-19 Situation

    Since the FAA's October 7, 2020 notice was published, COVID-19 has
continued to cause disruption globally and within the United States.
The World Health Organization (WHO) reports COVID-19 cases in more than
200 countries, areas, and territories worldwide. For the week ending
December 13, 2020, the WHO reported approximately 4.3 million new
COVID-19 cases and over 75,000 new deaths, bringing the cumulative
total to 70.5 million reported COVID-19 cases and 1.6 million deaths
globally since the start of the public health emergency.\3\
---------------------------------------------------------------------------

    \3\ COVID-19 weekly epidemiological update, December 15, 2020,
available at: https://www.who.int/emergencies/diseases/novel-coronavirus-2019/situation-reports See also https://covid19.who.int/for WHO COVID-19 Dashboard with the most current number of cases
reported.
---------------------------------------------------------------------------

    International travel advisories issued by the U.S. Department of
State's Global Health Advisory remain in effect worldwide, including
designations of either Level 3--Reconsider Travel or Level 4--Do Not
Travel for more than 175 destinations.\4\ The U.S. Department of State
advises that challenges to any international travel at this time may
include mandatory quarantines, travel restrictions, and closed borders.
The U.S. Department of State notes further that foreign governments may
implement restrictions with little notice, even in destinations that
were previously low risk.\5\ Accordingly, the U.S. Department of State
warns Americans choosing to travel internationally that their trip may
be disrupted severely and it may be difficult to arrange travel back to
the United States.\6\
---------------------------------------------------------------------------

    \4\ https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html/.
    \5\ https://travel.state.gov/content/travel/en/traveladvisories/ea/covid-19-information.html.
    \6\ Id.
---------------------------------------------------------------------------

    Moreover, international travel recommendations from the Centers for
Disease Control and Prevention (CDC) categorize nearly 175 countries,
areas, and territories worldwide under Level 4--COVID-19 Risk Is Very
High.\7\ Within the United States, the CDC reported 16,756,581 total
cases and 306,427 deaths from COVID-19 as of December 17, 2020, with
1,485,010 new cases in the prior seven days.\8\ The CDC advises
prospective domestic travelers to consider whether their destination
has requirements or restrictions for travelers, and notes that State,
local, and territorial governments may have travel restrictions in
place, including testing requirements, stay-at-home orders, and
quarantine requirements upon arrival. A national emergency related to
COVID-19 remains in effect pursuant to the President's March 13, 2020
Proclamation.\9\
---------------------------------------------------------------------------

    \7\ https://www.cdc.gov/coronavirus/2019-ncov/travelers/map-and-travel-notices.html.
    \8\ CDC COVID Data Tracker, updated October 2, 2020, available
at https://covid.cdc.gov/covid-data-tracker/?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F2019-ncov%2Fcases-updates%2Fcases-in-us.html#cases_casesinlast7days.
    \9\ https://www.whitehouse.gov/presidential-actions/proclamation-declaring-national-emergency-concerning-novel-coronavirus-disease-covid-19-outbreak/.

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

    On May 15, 2020, the President announced the establishment of
Operation Warp Speed (OWS), a national program to accelerate the
development, manufacturing, and distribution of COVID-19 vaccines,
therapeutics, and diagnostics.\10\ On December 11, 2020, the Food and
Drug Administration (FDA) granted an emergency use authorization for a
COVID-19 vaccine and phased distribution of that vaccine is now
underway in the United States; FDA also is nearing potential
authorization of a second vaccine.\11\ Vaccine distribution also has
begun on a limited basis elsewhere in the world.
---------------------------------------------------------------------------

    \10\ https://www.hhs.gov/about/news/2020/05/15/trump-administration-announces-framework-and-leadership-for-operation-warp-speed.html.
    \11\ https://www.fda.gov/emergency-preparedness-and-response/coronavirus-disease-2019-covid-19/covid-19-vaccines.
---------------------------------------------------------------------------

Standard Applicable to This Waiver Proceeding

    The FAA reiterates the standards applicable to petitions for
waivers of the minimum slot usage requirements in effect at DCA, JFK,
and LGA, as discussed in the FAA's initial decision extending relief
due to COVID-19 impacts.\12\
---------------------------------------------------------------------------

    \12\ See 85 FR 15018 (Mar. 16, 2020).
---------------------------------------------------------------------------

    At JFK and LGA, each slot must be used at least 80 percent of the
time.\13\ Slots not meeting the minimum usage requirements will be
withdrawn. The FAA may waive the 80 percent usage requirement in the
event of a highly unusual and unpredictable condition that is beyond
the control of the slot-holding air carrier and which affects carrier
operations for a period of five consecutive days or more.\14\
---------------------------------------------------------------------------

    \13\ Operating Limitations at John F. Kennedy International
Airport, 85 FR 58258 (Sep. 18, 2020); Operating Limitations at New
York LaGuardia Airport, 85 FR 47065 at 58255 (Sep. 18, 2020).
    \14\ At JFK, historical rights to operating authorizations and
withdrawal of those rights due to insufficient usage will be
determined on a seasonal basis and in accordance with the schedule
approved by the FAA prior to the commencement of the applicable
season. See JFK Order, 85 FR 58260. At LGA, any operating
authorization not used at least 80 percent of the time over a two-
month period will be withdrawn by the FAA. See LGA Order, 85 FR at
58257.
---------------------------------------------------------------------------

    At DCA, any slot not used at least 80 percent of the time over a
two-month period also will be recalled by the FAA.\15\ The FAA may
waive this minimum usage requirement in the event of a highly unusual
and unpredictable condition that is beyond the control of the slot-
holding carrier and which exists for a period of nine or more days.\16\
---------------------------------------------------------------------------

    \15\ See 14 CFR 93.227(a).
    \16\ See 14 CFR 93.227(j).
---------------------------------------------------------------------------

    When making decisions concerning historical rights to allocated
slots, including whether to grant a waiver of the usage requirement,
the FAA seeks to ensure the efficient use of valuable aviation
infrastructure and maximize the benefits to airport users and the
traveling public. This minimum usage requirement is expected to
accommodate routine cancelations under all but the most unusual
circumstances. Carriers proceed at risk if, at any time prior to a
final decision, they make decisions in anticipation of the FAA granting
a slot usage waiver.

Discussion of Proposals for Additional Relief

    At the present time, COVID-19 continues to present a highly unusual
and unpredictable condition that is beyond the control of carriers.
According to data submitted by Airlines for America (A4A), passenger
demand has weakened dramatically as a result of the recent COVID-19
resurgence and a return to 2019 passenger volumes is not expected until
calendar year 2023 or 2024.\17\ The ultimate duration and severity of
COVID-19 impacts on passenger demand in the United States and
internationally remain unclear even as the distribution of a vaccine is
underway in certain parts of the world.
---------------------------------------------------------------------------

    \17\ See December 7, 2020 presentation by Airlines for America
titled ``Tracking the Impacts of COVID-19,'' a copy of which has
been placed in the docket for this notice.
---------------------------------------------------------------------------

    Since the FAA's determination in October 2020 to extend relief on a
conditional basis through March 27, 2021, the FAA has received
submissions from stakeholders regarding whether the FAA should extend
additional relief beyond March 27, 2021.\18\ The FAA seeks comment on
two proposals with respect to continuing relief with regard to the
Summer 2021 scheduling season, which ends on October 30, 2021.
Commenters may also suggest other options for consideration. Absent
further relief, the existing relief will expire on March 27, 2021 and
standard requirements and policies will apply.
---------------------------------------------------------------------------

    \18\ Copies of all submissions to the DOT and FAA concerning the
continuation of COVID-related relief have been placed in the docket
associated with this notice.
---------------------------------------------------------------------------

Extension of Current Relief Made Available by the FAA on a Conditional
Basis

    As one option for consideration, the FAA is proposing to extend
through October 30, 2021, the COVID-19-related limited waiver of the
minimum slot usage requirement at JFK, LGA, and DCA that the FAA has
already made available on a conditional basis through March 27, 2021.
As part of this option, the FAA would also extend through October 30,
2021 its COVID-19-related policy for prioritizing flights canceled or
otherwise not operated as originally intended at designated IATA Level
2 airports in the United States on a conditional basis, for purposes of
establishing a carrier's operational baseline in the next corresponding
season (i.e., Summer 2022). The proposed extension would be made
available on the same terms announced in the FAA's October 7, 2020
decision (85 FR 63335), as summarized previously in this notice in the
section titled Current Slot Usage and Related Relief Due to COVID-19.
    As explained in the FAA's October 7, 2020 decision, the FAA
believes the relief provided on a conditional basis through the end of
the Winter 2020/2021 season at slot-controlled and designated IATA
Level 2 airports in the United States addresses ongoing COVID-19-
related impacts. The FAA continues to believe this approach provides
carriers with flexibility during this unprecedented situation, supports
the long-term viability of carrier operations at slot-controlled
airports while also supporting economic recovery, and reduces the
potential to suppress flight operations for which demand exists. The
FAA believes an extension of the current waiver would also be generally
consistent with the approach taken by other jurisdictions to date.

WASB Proposal

    Another option for consideration is the WASB proposal. WASB is a
forum for bringing together representatives from the airport, airline,
and slot coordinator communities to develop positions on slot
management rules and standards to be applied globally in the Worldwide
Airport Slot Guidelines (WASG).\19\ The WASB proposal includes the
following provisions, which are described herein as they would be
applied in the United States:
---------------------------------------------------------------------------

    \19\ The detailed proposal can be accessed in the docket for
this notice and at the following website: https://www.iata.org/contentassets/37a569b171504493be1d2ddd7d53f1f2/wasb-recommendation-s21airportslotalleviation.pdf.
---------------------------------------------------------------------------

     Slot holders that ensure the return of any slot as
allocated by the FAA for the duration of the Summer 2021 season
(identified by Slot ID and/or flight number, as appropriate) on or
before February 8, 2021 (approximately 7 weeks before the start of the
season) would retain historic precedence for that slot in the Summer
2022 scheduling season; newly allocated slots are not eligible for this
provision; eligible slots

returned before the deadline would be available for re-allocation on a
non-permanent basis for operation during the Summer 2021 season; slots
operated as approved on a non-historic basis in Summer 2021 would have
priority over new demands for the same timings in the next equivalent
season, subject to capacity availability and any other legal
conditions;
     For slots not returned by February 8, 2021, the usual
minimum slot usage threshold of 80 percent would be reduced to 50
percent during the Summer 2021 scheduling season; and,
     For slots not returned by February 8, 2021, an exception
from the reduced slot usage threshold of 50 percent would be available
under circumstances that may prevent airlines from operating scheduled
flights for reasons other than commercial cancellations for the
duration of the circumstance plus up to a 6-week recovery period; as
proposed, the FAA would accept as valid justification for the non-
utilization of slots, any government restrictions that prevent or
severely restrict travel to specific airports, destinations (including
intermediate points) or countries for which the slot was held, such as
the following examples--
    [cir] Government travel restrictions based on nationality, closed
borders, government advisories related to COVID-19 that warn against
all but essential travel, or complete bans on flights from/to certain
countries or geographic areas;
    [cir] Severe government restrictions related to COVID-19 on the
maximum number of arriving or departing passengers on a specific flight
or through a specific airport;
    [cir] Government restrictions on movement or quarantine/isolation
measures within the country or region where the airport or destination
(including intermediate points) is located;
    [cir] Government-imposed closure of businesses essential to support
aviation activities (e.g., closure of hotels); and
    [cir] Unforeseeable restrictions on airline crew, including sudden
bans on entry or crew stranded in unexpected locations due to
quarantine measures.
     The following conditions would apply:
    [cir] Relief would not apply to slots held by an airline that
permanently ceases operations at the airport; and,
    [cir] New uneven transfers would not be eligible for the pre-season
return provision, but would be eligible for other slot relief measures
during the Summer 2021 season.
    The FAA notes that the WASB proposal is silent concerning a
position on further relief for prioritizing flights canceled due to
COVID-19 at designated IATA Level 2 airports. The FAA further notes
that certain provisions and concepts of the detailed WASB proposal
would not necessarily apply in the United States to the extent that
there are established differences in effect under established rules and
orders governing slot management in the United States. For example,
traditional concepts of ``series of slots'' and provision <IP_ADDRESS> of
the WASG have not been adopted in the United States.\20\ The FAA
received written submissions from IATA, A4A, Delta Air Lines, Inc., and
Virgin Atlantic Airways, Ltd. expressing support for FAA adoption of
this proposal.
---------------------------------------------------------------------------

    \20\ https://www.iata.org/en/policy/slots/slot-guidelines/ The
FAA reiterates that under current policy and procedures, the FAA
continues to apply version 9 of the Worldwide Slot Guidelines (Jan.
1, 2019), a copy of which has been placed in the docket for this
notice.
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Additional Submission Regarding Relief Beyond March 27, 2021

    In addition, the FAA has received an alternative proposal
concerning relief beyond March 27, 2021 from Southwest Airlines Co.,
which takes no position on the WASB proposal relative to JFK, opposes
the WASB proposal relative to DCA and LGA, and suggests extending the
FAA's current relief at DCA and LGA for an additional half season at
most, through June 27, 2021. This submission has been placed in the
docket associated with this notice.

Invitation for Comment

    The FAA seeks views and information regarding these or other
proposals. The FAA further invites comment on whether the proposal
adopted by the FAA should make relief available for the full duration
of the Summer 2021 scheduling season, which ends on October 30, 2021.
Written views and supporting data may be submitted no later than
December 29, 2020 to the docket associated with this notice as
explained previously in this notice. Information submitted to the FAA
may be subject to disclosure under the Freedom of Information Act.
    The FAA recognizes that commenters may seek to submit business
information that is both customarily and actually treated as
confidential. Confidential Business Information (CBI) is commercial or
financial information that is both customarily and actually treated as
private by its owner. Under the Freedom of Information Act (FOIA) (5
U.S.C. 552), CBI is exempt from public disclosure. If your comments
responsive to this notice contain commercial or financial information
that is customarily treated as private, that you actually treat as
private, and that is relevant or responsive to this notice, it is
important that you clearly designate the submitted comments, or any
relevant portions thereof, as CBI. Please mark each page of your
submission containing CBI as ``PROPIN.'' Comments containing PROPIN may
be submitted by email to the Air Traffic Organization Slot
Administration Office at<EMAIL_ADDRESS>The FAA will treat
such marked submissions as confidential under FOIA, and will not place
confidential content in the public docket for this notice. Any
commentary that the FAA receives that is not specifically designated as
CBI will be placed in the public docket for this notice. The FAA will
take the necessary steps to protect properly designated information to
the extent allowable by law. All routine slot administration matters
unrelated to this proceeding, including schedule updates, requested
changes, and information requests, should continue to be submitted to
<EMAIL_ADDRESS>    After receiving and reviewing comments, the FAA anticipates
subsequently providing notice of its final decision.

    Issued in Washington, DC, on December 17, 2020.
Lorelei Dinges Peter,
Assistant Chief Counsel for Regulations.
Virginia T. Boyle,
Acting Vice President, System Operations Services.
[FR Doc. 2020-28324 Filed 12-18-20; 12:15 pm]
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[Federal Register Volume 78, Number 219 (Wednesday, November 13, 2013)]
[Notices]
[Pages 68052-68053]
[FR Doc No: 2013-27043]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD14-5-000]

Town of Telluride, Colorado; Notice of Preliminary Determination
of a Qualifying Conduit Hydropower Facility and Soliciting Comments and
Motions To Intervene

    On October 28, 2013, the Town of Telluride, Colorado, filed a
notice of intent to construct a qualifying conduit hydropower facility,
pursuant to section 30 of the Federal Power Act, as amended by section
4 of the Hydropower Regulatory Efficiency Act of 2013 (HREA). The
Pandora Water System Project would be located within the Pandora Water
Treatment Plant in San Miguel County, Colorado.
    Applicant Contact: Karen Guglielmone, Public Works Project Manager,
P.O. Box 397, Telluride, CO 81435, Phone No.<PHONE_NUMBER>.
    FERC Contact: Christopher Chaney, Phone No.<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>

    Qualifying Conduit Hydropower Facility Description: The proposed
project would consist of: (1) A 10-inch intake pipe branching off an
existing 12-inch raw water pipe; (2) an approximately 20-foot-wide by
22-foot-long powerhouse, containing one 320-kilowatt, single nozzle
Pelton turbine/generating unit; and (3) appurtenant facilities. The
proposed project would have an estimated annual generating capacity of
2,135 megawatt-hours.
    A qualifying conduit hydropower facility is one that is determined
or deemed to meet all of the criteria shown in the table below.

      Table 1--Criteria for Qualifying Conduit Hydropower Facility
------------------------------------------------------------------------
                                                          Satisfies  (Y/
      Statutory provision              Description              N)
------------------------------------------------------------------------
FPA 30(a)(3)(A), as amended by   The conduit the                      Y
 HREA.                            facility uses is a
                                  tunnel, canal,
                                  pipeline, aqueduct,
                                  flume, ditch, or
                                  similar manmade water
                                  conveyance that is
                                  operated for the
                                  distribution of water
                                  for agricultural,
                                  municipal, or
                                  industrial
                                  consumption and not
                                  primarily for the
                                  generation of
                                  electricity.
FPA 30(a)(3)(C)(i), as amended   The facility is                      Y
 by HREA.                         constructed,
                                  operated, or
                                  maintained for the
                                  generation of
                                  electric power and
                                  uses for such
                                  generation only the
                                  hydroelectric
                                  potential of a non-
                                  federally owned
                                  conduit.
FPA 30(a)(3)(C)(ii), as amended  The facility has an                  Y
 by HREA.                         installed capacity
                                  that does not exceed
                                  5 megawatts.
FPA 30(a)(3)(C)(iii), as         On or before August 9,               Y
 amended by HREA.                 2013, the facility is
                                  not licensed, or
                                  exempted from the
                                  licensing
                                  requirements of Part
                                  I of the FPA.
------------------------------------------------------------------------

    Preliminary Determination: Based upon the above criteria,
Commission staff preliminarily determines that the proposal satisfies
the requirements for a qualifying conduit hydropower facility not
required to be licensed or exempted from licensing.
    Comments and Motions to Intervene: Deadline for filing comments
contesting whether the facility meets the qualifying criteria is 45
days from the issuance date of this notice.
    Deadline for filing motions to intervene is 30 days from the
issuance date of this notice.
    Anyone may submit comments or a motion to intervene in accordance
with the requirements of Rules of Practice and Procedure, 18 CFR
385.210 and 385.214. Any motions to intervene must be received on or
before the specified deadline date for the particular proceeding.
    Filing and Service of Responsive Documents: All filings must (1)
bear in all capital letters the ``COMMENTS CONTESTING QUALIFICATION FOR
A CONDUIT HYDROPOWER FACILITY'' or ``MOTION TO INTERVENE,'' as
applicable; (2) state in the heading the name of the applicant and the
project number of the application to which the filing responds; (3)
state the name, address, and telephone number of the person filing; and
(4) otherwise comply with the requirements of sections 385.2001 through
385.2005 of the Commission's regulations.\1\ All comments contesting
Commission staff's preliminary determination that the facility meets
the qualifying criteria must set forth their evidentiary basis.
---------------------------------------------------------------------------

    \1\ 18 CFR 385.2001-2005 (2013).
---------------------------------------------------------------------------

    The Commission strongly encourages electronic filing. Please file
motions to intervene and comments using the Commission's eFiling system
at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the
end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper
copy to: Secretary, Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426. A copy of all other filings in
reference to this application must be accompanied by proof of service
on all persons listed in the service list prepared by the Commission in
this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.
    Locations of Notice of Intent: Copies of the notice of intent can
be obtained directly from the applicant or such copies can be viewed
and reproduced at the Commission in its Public Reference Room, Room 2A,
888 First Street NE., Washington, DC 20426. The filing may also be
viewed on the web at http://www.ferc.gov/docs-filing/elibrary.asp using
the ``eLibrary'' link. Enter the docket number (e.g., CD14-5) in the
docket number field to access the document. For assistance, call toll-
free 1-866-208-3676 or email<EMAIL_ADDRESS>For TTY, call
(202) 502-8659.

    Dated: November 5, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-27043 Filed 11-12-13; 8:45 am]
BILLING CODE 6717-01-P