[Federal Register Volume 87, Number 201 (Wednesday, October 19, 2022)]
[Notices]
[Pages 63529-63530]
[FR Doc No: 2022-22688]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2021-0010]

Federal Advisory Council on Occupational Safety and Health
(FACOSH); Notice of Meeting

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice of FACOSH meeting.

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SUMMARY: The Federal Advisory Committee on Occupational Safety and
Health (FACOSH) will meet November 17, 2022.

DATES: FACOSH meeting: FACOSH will meet from 1 p.m.-4 p.m. ET,
Thursday, November 17, 2022.

ADDRESSES:
    Submission of comments and requests to speak: Submit comments and
requests to speak at the FACOSH meeting by November 10, 2022,
identified by the docket number for this Federal Register notice
(Docket No. OSHA-2021-0010), using the following method:
    Electronically: Comments and requests to speak, including
attachments, must be submitted electronically at www.regulations.gov,
the Federal eRulemaking Portal. Follow the online instructions for
submitting comments.
    Requests for special accommodations: Submit requests for special
accommodations for this FACOSH meeting by November 10, 2022, to Ms.
Mikki Holmes, Directorate of Enforcement Programs, OSHA, U.S.
Department of Labor; telephone:<PHONE_NUMBER>; email:
[email protected].
    Instructions: All submissions must include the agency name and the
OSHA docket number for this Federal Register notice (Docket No. OSHA-
2021-0010). OSHA will place comments and requests to speak, including
personal information, in the public docket, which may be available
online. Therefore, OSHA cautions interested parties about submitting
personal information such as Social Security numbers and birthdates.
    Docket: To read or download documents in the public docket for this
FACOSH meeting, go to www.regulations.gov. All documents in the public
docket are listed in the index; however, some documents (e.g.,
copyrighted material) are not publicly available to read or download
through www.regulations.gov. All submissions, including copyrighted
material, are available for inspection through the OSHA Docket Office.
Contact the OSHA Docket Office at<PHONE_NUMBER> (TTY<PHONE_NUMBER>)
for assistance in locating docket submissions.
    Participation in the FACOSH meeting: Members of the public may
attend the FACOSH meeting. However, any participation by the public
will be in listen-only mode.

FOR FURTHER INFORMATION CONTACT:
    Press inquiries: Mr. Frank Meilinger, Director, OSHA Office of
Communications; telephone:<PHONE_NUMBER>; email:
[email protected].
    General information: Ms. Mikki Holmes, Director, OSHA Office of
Federal Agency Programs; telephone<PHONE_NUMBER>; email: [email protected].
    Copies of this Federal Register document: Electronic copies of this
Federal Register document are available at http://www.regulations.gov.
This document, as well as news releases and other relevant information
are also available on the OSHA web page at http://www.osha.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    FACOSH is authorized to advise the Secretary of Labor (Secretary)
on all matters relating to the occupational safety and health of
Federal employees (Occupational Safety and Health Act of 1970 (29
U.S.C. 668), 5 U.S.C. 7902, Executive Orders 12196 and 14048). This
includes providing advice on how to reduce and keep to a minimum the
number of injuries and illnesses in the Federal workforce and how to
encourage the establishment and maintenance of effective occupational
safety and health programs in each Federal agency.

II. Meeting Information

FACOSH Meeting

    FACOSH will meet from 1 p.m. to 4 p.m., ET, Thursday, November 17,
2022. The meeting is open to the public.
    Meeting agenda: The tentative agenda for this meeting includes:

 Updates from OSHA Leadership
 OSHA's Heat NEP to prevent heat at work and conduct programmed
inspections
 Federal agencies responsibilities under 29 CFR part 1960

    Public attendance at the FACOSH Committee meeting will be virtual
only. Meeting information will be posted in the Docket (Docket No.
OSHA-2021-0010) and on the FACOSH web page, https://www.osha.gov/advisorycommittee/facosh, prior to the meeting.

Authority and Signature

    James S. Frederick, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this notice
under the authority granted by section 19 of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 668), 5 U.S.C. 7902, the Federal
Advisory Committee Act (5 U.S.C. app. 2), Executive Order 12196 and
14048, Secretary of Labor's Order 08-2020, 29 CFR part 1960 (Basic
Program Elements of for Federal Employee Occupational Safety and Health
Programs), and 41 CFR part 102-3.

    Signed at Washington, DC.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-22688 Filed 10-18-22; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 77, Number 80 (Wednesday, April 25, 2012)]
[Notices]
[Pages 24701-24702]
[FR Doc No: 2012-9897]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2011-0442; FRL 9516-1]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Microbial Rules (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that an Information
Collection Request (ICR) has been forwarded to the Office of Management
and Budget (OMB) for review and approval. This is a request to renew an
existing approved collection. The ICR, which is abstracted below,
describes the nature of the information collection and its estimated
burden and cost.

DATES: Additional comments may be submitted on or before May 25, 2012.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OW-
2011-0442, by using one of the following methods:
     www.regulations.gov: (our preferred method) Follow the on-
line instructions for submitting comments.
     Email<EMAIL_ADDRESS>     Mail: (1) EPA Docket Center, Environmental Protection
Agency, Water Docket, MC: 28221T, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460, and (2) OMB by mail to: Office of Information and
Regulatory Affairs, Office of Management and Budget (OMB), Attention:
Desk Officer for EPA, 725 17th Street NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Matthew Reed, Drinking Water
Protection Division, Office of Ground Water and Drinking Water (4606M),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On July 5, 2011 (76 FR 39092), EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received no comments during the
comment period. Any comments on this ICR should be submitted to EPA and
OMB within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OW-2011-0442, which is available for online viewing at
www.regulations.gov, or in person viewing at the Water Docket in the
EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave.
NW., Washington, DC. The EPA/DC Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Reading Room is<PHONE_NUMBER>, and the
telephone number for the Water Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at
www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at www.regulations.gov as EPA receives
them and without change, unless the comment contains copyrighted
material, confidential business information (CBI), or other information
whose public disclosure is restricted by statute. For further
information about the electronic docket, go to www.regulations.gov.
    Title: Microbial Rules (Renewal).
    ICR numbers: EPA ICR No. 1895.07, OMB Control No. 2040-0205.
    ICR Status: This ICR is scheduled to expire on April 30, 2012.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
An Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information, unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the Code of Federal Regulations, after appearing in the
Federal Register when approved, are listed in 40 CFR part 9, are
displayed either by publication in the Federal Register or by other
appropriate means, such as on the related collection instrument or
form, if applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: The Microbial Rules ICR examines Public Water System,
primacy agency, and EPA burden and costs for recordkeeping and
reporting requirements in support of the microbial drinking water
regulations. These recordkeeping and reporting requirements are
mandatory for compliance with 40 CFR parts 141 and 142. The following
microbial regulations are included: Surface Water Treatment Rule
(SWTR), Total Coliform Rule (TCR), Interim Enhanced Surface Water
Treatment Rule (IESWTR), Filter Backwash Recycling Rule (FBRR), Long
Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR), Long Term 2
Enhanced Surface Water Treatment Rule (LT2ESWTR), Ground Water Rule
(GWR), and the Aircraft Drinking Water Rule (ADWR). Although the
Aircraft Drinking Water Rule has a stand-alone ICR at this time, it is
being included into the Microbial ICR due to the nature of information
collected. The information collected for the Aircraft Drinking Water
Rule is directly correlated to information collected under the Total
Coliform Rule, and therefore, is appropriate to be included in the
Microbial ICR. Future microbial-related rulemakings will be added to
this consolidated ICR after the

regulations are finalized and the initial, rule-specific, ICRs are due
to expire.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 0.45
hours per response. Burden means the total time, effort or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
    Respondents/Affected Entities: Owners/operators of public water
systems, commercial air carriers, state primacy agencies.
    Estimated Number of Respondents: 153,083.
    Frequency of Response: Varies by requirement (i.e., on occasion,
monthly, quarterly, semi-annually, annually, biennially, and every 3,
6, and 9 years)
    Estimated Total Annual Hour Burden: 12,920,667.
    Estimated Total Annual Cost: $589,403,000, includes $135,346,345
operating and maintenance and capital costs.
    Changes in the Estimates: There is an increase of 2,250,751 hours
in the total estimated burden currently identified in the OMB Inventory
of Approved ICR Burdens. The changes in burden consist of program
adjustments for activities that were carried forward from existing ICRs
to this Microbial Rules ICR renewal. Changes in calculated burden are a
result of updating relevant baseline information for each rule with the
most current and accurate information on activity compliance.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2012-9897 Filed 4-24-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 229 (Wednesday, November 27, 2019)]
[Notices]
[Page 65379]
[FR Doc No: 2019-25722]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Number: PR20-11-000.
    Applicants: Acadian Gas Pipeline System.
    Description: Tariff filing per 284.123(b),(e)+(g): SOC Update to be
effective 10/1/2019.
    Filed Date: 11/20/19.
    Accession Number:<PHONE_NUMBER>78.
    Comments Due: 5 p.m. ET 12/11/19.
    284.123(g) Protests Due: 5 p.m. ET 1/21/20.

    Docket Numbers: RP19-1090-003.
    Applicants: American Midstream (AlaTenn), LLC.
    Description: Compliance filing Compliance to 724 to be effective 8/
1/2019.
    Filed Date: 11/19/19.
    Accession Number: 20191119-5129.
    Comments Due: 5 p.m. ET 12/2/19.

    Docket Numbers: RP20-235-000.
    Applicants: Southern Star Central Gas Pipeline, Inc.
    Description: Compliance filing Annual Cash-out Refund Report 2019.
    Filed Date: 11/20/19.
    Accession Number: 20191120-5058.
    Comments Due: 5 p.m. ET 12/2/19.

    Docket Numbers: RP20-236-000.
    Applicants: Northern Natural Gas Company.
    Description: Sec.  4(d) Rate Filing: 20191120 Negotiated Rates to
be effective 11/21/2019.
    Filed Date: 11/20/19.
    Accession Number: 20191120-5103.
    Comments Due: 5 p.m. ET 12/2/19.

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

    Dated: November 21, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-25722 Filed 11-26-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 154 (Wednesday, August 10, 2011)]
[Proposed Rules]
[Pages 49386-49387]
[FR Doc No: 2011-20254]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0759 Airspace Docket No. 11-AAL-12]

Proposed Amendment of Class E Airspace; Nuiqsut, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to revise Class E airspace at Nuiqsut AK.
The amendment of two standard instrument approach procedures at the
Nuiqsut Airport has made this action necessary to enhance safety and
management of Instrument Flight Rules (IFR) operations.

DATES: Comments must be received on or before September 26, 2011.

ADDRESSES: Send comments on the proposal to the Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue,
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001. You must identify the docket number FAA-2011-0759/Airspace Docket
No. 11-AAL-12 at the beginning of your comments. You may also submit
comments on the Internet at http://www.regulations.gov. You may review
the public docket containing the proposal, any comments received, and
any final disposition in person in the Dockets Office between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The Docket
Office (telephone 1-800-647-5527) is on the plaza level of the
Department of Transportation NASSIF Building at the above address.
    An informal docket may also be examined during normal business
hours at the office of the Manager, Safety, Alaska Flight Service
Operations, Federal Aviation Administration, 222 West 7th Avenue, Box
14, Anchorage, AK 99513-7587.

FOR FURTHER INFORMATION CONTACT: Martha Dunn, Federal Aviation
Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587;
telephone number<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>Internet address: http://www.faa.gov/about/office_org/headquarters_offices/ato/service_units/systemops/fs/alaskan/rulemaking/.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2011-0759/
Airspace Docket No. 11-AAL-12.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this notice may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    Additionally, any person may obtain a copy of this notice by
submitting a request to the Federal Aviation Administration, Office of
Air Traffic Airspace Management, ATA-400, 800 Independence Avenue, SW.,
Washington, DC 20591 or by calling<PHONE_NUMBER>. Communications must
identify both docket numbers for this notice. Persons interested in
being placed on a mailing list for future NPRMs should contact the
FAA's Office of Rulemaking,<PHONE_NUMBER>, to request a copy of
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution
System, which describes the application procedure.

The Proposal

    This action proposes to amend Title 14 Code of Federal Regulations
(14 CFR) part 71 by revising Class E5 airspace at the Nuiqsut Airport
in Nuiqsut, AK, to accommodate the revision of two standard instrument
approach procedures at the Nuiqsut Airport. This Class E airspace would
provide adequate controlled airspace upward from the 700 feet and 1,200
feet above the surface, for the safety and management of IFR operations
at the Nuiqsut Airport.
    Class E5 airspace designated as 700 and 1200 foot transition areas
are published in paragraph 6005 in FAA Order 7400.9U, Airspace
Designations and Reporting Points, signed August 18, 2010, and
effective September 15, 2010, which is incorporated by reference in 14
CFR 71.1. The airspaces listed in this

document would be subsequently published in that Order.
    The FAA has determined that this proposed 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. Because this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle 1, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart 1, Section 40103, Sovereignty and use of
airspace. Under that section, the FAA is charged with prescribing
regulations to ensure the safe and efficient use of the navigable
airspace. This regulation is within the scope of that authority because
it proposes to revise Class E airspace at the Nuiqsut Airport, Nuiqsut,
AK, and represents the FAA's continuing effort to safely and
efficiently use the navigable airspace.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

    1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9U, Airspace Designations and
Reporting Points, signed August 18, 2010, and effective September 15,
2010, is to be amended as follows:
* * * * *

Paragraph 6005 Class E airspace extending upward from 700 feet or
more above the surface of the earth.

AAL AK E5 Nuiqsut, AK [Revised]

Nuiqsut Airport, AK
    (Lat. 70[deg]12'35'' N., long. 151[deg]00'23'' W).

    That airspace extending upward from 700 feet above the surface
within an 6.4-mile radius of the Nuiqsut Airport, AK and that
airspace extending upward from 1,200 feet above the surface within a
73-mile radius of the Nuiqsut Airport, AK.

    Issued in Anchorage, AK, on July 26, 2011.
Michael A. Tarr
Manager, Alaska Flight Services.
[FR Doc. 2011-20254 Filed 8-9-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Notices]
[Pages 28833-28834]
[FR Doc No: 2013-11643]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER13-1422-000]

Ebensburg Power Company; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding,
of Ebensburg Power Company's application for market-based rate
authority, with an accompanying rate schedule, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.

    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability is May 28, 2013.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 8, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-11643 Filed 5-15-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Notices]
[Pages 42587-42590]
[FR Doc No: 2015-17494]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75440; File No. SR-NYSEArca-2015-60]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Allowing the
Listing of Options Overlying Portfolio Depositary Receipts and Index
Fund Shares That are Listed Pursuant to Generic Listing Standards on
Equities Exchanges for Series of ETFs Based on International or Global
Indexes Under Which a Comprehensive Surveillance Sharing Agreement Is
Not Required

July 13, 2015.
    Pursuant to section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act''),\2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on July 2, 2015, NYSE Arca, Inc. (the ``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to allow the listing of options overlying
portfolio depositary receipts and index fund shares (collectively,
``ETFs'') that are listed pursuant to generic listing standards on
equities exchanges for series of ETFs based on international or global
indexes under which a comprehensive surveillance sharing agreement is
not required. The text of the proposed rule change is available on the
Exchange's Web site at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange is proposing to amend Rule 5.3(g) (Criteria for
Underlying Securities) to list options overlying ETFs that are listed
pursuant to generic listing standards on equities exchanges for series
of ETFs based on international or global indexes under which a
comprehensive surveillance sharing agreement (``CSSA'' or
``comprehensive surveillance agreement'') is not required.\4\ This
proposal will enable the Exchange to list and trade options on ETFs
without a CSSA provided that the ETF is listed on an equities exchange
pursuant to the generic listing standards that do not require a CSSA
pursuant to Rule 19b-4(e) of the Exchange Act.\5\ Rule 19b-4(e)
provides that the listing and trading of a new derivative securities
product by a self-regulatory organization (``SRO'') shall not be deemed
a proposed rule change, pursuant to paragraph (c)(1) of Rule 19b-4, if
the Commission has approved, pursuant to section 19(b) of the Act, the
SRO's trading rules, procedures and listing standards for the product
class that would include the new derivatives securities product, and
the SRO has a surveillance program for the product class.\6\ In other
words, this proposal will amend the listing standards to allow the
Exchange to list and trade options on ETFs based on international or
global indexes to a similar degree that they are allowed to be listed
on several equities exchanges.\7\
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    \4\ See, e.g., NYSE Arca Equities Rule 5.2(j)(3), Commentary
.01(a)(B); NYSE MKT Rule 1000, Commentary .03(a)(B); NASDAQ Rule
5705(a)(3)(A)(ii); and BATS Rule 14.11(b)(3)(A)(ii).
    \5\ 17 CFR 240.19b-4(e).
    \6\ When relying on Rule 19b-4(e), the SRO must submit Form 19b-
4(e) to the Commission within five business days after the SRO
begins trading the new derivative securities products. See
Securities Exchange Act Release No. 40761 (December 8, 1998), 63 FR
70952 (December 22, 1998).
    \7\ See, e.g., NYSE Arca Equities Rule 5.2(j)(3) Commentary
.01(a)(B); NYSE MKT Rule 1000 Commentary .03(a)(B); NASDAQ Rule
5705(a)(3)(A)(ii) and (b)(3)(A)(ii); and BATS Rule
14.11(b)(3)(A)(ii). See also Securities Exchange Act Release Nos.
55621 (April 12, 2007), 72 FR 19571 (April 18, 2007) (SR-NYSEArca-
2006-86); 54739 (November 9, 2006), 71 FR 66993 (SR-Amex-2006-78);
55269 (February 9, 2007), 72 FR 7490 (February 15, 2007) (SR-NASDAQ-
2006-050).
---------------------------------------------------------------------------

Exchange-Traded Funds: Current Rule 5.3(g)
    Currently, the Exchange allows for the listing and trading of
options on ETFs. Rule 5.3(g) provides the listings standards for
options on ETFs, such as ETFs based on international or global
indexes.\8\ Rule 5.3(g)(2)(A) requires that any non-U.S. component
securities in an index or portfolio of securities on which the Fund
Shares are based that are not subject to a CSSA do not in the aggregate
represent more than 50% of the weight of the index or portfolio. Rule
5.3(g)(2)(B) requires that any component securities of an index or
portfolio of securities on which Fund Shares are based for which the
primary market is in any one country that is not subject to a CSSA do
not represent 20% or more of the weight of the index. And, Rule
5.3(g)(2)(C) requires that any component securities of an index or
portfolio of securities on which Fund Shares are based for which the
primary market is in any two countries that are not subject to a CSSA
do not represent 33% or more of the weight of the index.
---------------------------------------------------------------------------

    \8\ See Rule 5.3(g)(2)(A)-(D), to be re-numbered as proposed
Rule 5.3(g)(2)(B)(i)-(iv) as discussed herein.
---------------------------------------------------------------------------

Generic Listing Standards for Exchange-Traded Funds
    The Exchange notes that the Commission has previously approved
generic listing standards pursuant to Rule 19b-4(e) of the Exchange Act
for ETFs based on indexes that consist of stocks listed on U.S.
exchanges.\9\ In general, the criteria for the underlying component
securities in the international and global indexes are similar to those
for the domestic indexes, but with modifications as appropriate for the
issues and risks associated with non-U.S. securities. In addition, the
Commission has previously approved the listing and trading of ETFs
based on international indexes--those based on non-U.S. component
stocks, as well as global indexes--those based on non-U.S. and U.S.
component stocks.\10\
---------------------------------------------------------------------------

    \9\ See Commentary .03 to Amex Rule 1000 and Commentary .02 to
Amex Rule 1000A. See also Securities Exchange Act Release No. 42787
(May 15, 2000), 65 FR 33598 (May 24, 2000).
    \10\ See, e.g., Securities Exchange Act Release Nos. 50189
(August 12, 2004), 69 FR 51723 (August 20, 2004) (approving the
listing and trading of certain Vanguard International Equity Index
Funds); 44700 (August 14, 2001), 66 FR 43927 (August 21, 2001)
(approving the listing and trading of series of the iShares Trust
based on certain S&P global indexes).
---------------------------------------------------------------------------

    In approving ETFs for equities exchange trading, the Commission
thoroughly considered the structure of the ETFs, their usefulness to
investors and to the markets, and SRO rules that govern their trading.
The Exchange believes that allowing the listing of options overlying
ETFs that are listed pursuant to the generic listing standards on
equities exchanges for ETFs based on international and global indexes
and applying Rule 19b-4(e) should fulfill the intended objective of
that rule by allowing options on those ETFs that have satisfied the
generic listing standards to commence trading, without the need for the
public comment period and Commission approval. The proposed rule has
the potential to reduce the time frame for bringing options on ETFs to
market, thereby reducing the burdens on issuers and other market
participants. The failure of a particular ETF to comply with the
generic listing standards under Rule 19b-4(e) would not, however,
preclude the Exchange from submitting a separate filing pursuant to
section 19(b)(2),\11\ requesting Commission approval to list and trade
options on a particular ETF.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

Requirements for Listing and Trading Options Overlying ETFs Based on
International and Global Indexes
    Options on ETFs listed pursuant to these generic standards for
international and global indexes would be traded, in all other
respects, under the Exchange's existing trading rules and procedures
that apply to options on ETFs and would be covered under the Exchange's
surveillance program for options on ETFs.
    Pursuant to the proposed rule, the Exchange may list and trade
options on an ETF without a CSSA provided that the ETF is listed
pursuant to generic listing standards for series of ETFs based on
international or global indexes under which a comprehensive
surveillance agreement is not required.\12\ The Exchange believes that
these generic listing standards are intended to ensure that stocks with
substantial market capitalization and trading volume account for a
substantial

portion of the weight of an index or portfolio.
---------------------------------------------------------------------------

    \12\ See proposed Rule 5.3(g)(2)(A).
---------------------------------------------------------------------------

    The Exchange believes that this proposed listing standard for
options on ETFs is reasonable for international and global indexes,
and, when applied in conjunction with the other listing
requirements,\13\ will result in options overlying ETFs that are
sufficiently broad-based in scope and not readily susceptible to
manipulation. The Exchange also believes that allowing the Exchange to
list options overlying ETFs that are listed on equities exchanges
pursuant to generic standards for series of portfolio depositary
receipts or index fund shares \14\ based on international or global
indexes under which a CSSA is not required, will result in options
overlying ETFs that are adequately diversified in weighting for any
single security or small group of securities to significantly reduce
concerns that trading in options overlying ETFs based on international
or global indexes could become a surrogate for trading in unregistered
securities.
---------------------------------------------------------------------------

    \13\ All of the other listing criteria under the Exchange's
rules will continue to apply to any options listed pursuant to the
proposed rule change.
    \14\ The Exchange notes that the proposed rule text differs
slightly from that of other exchanges, with the exception of BATS
Exchange, in order to make clear that the rule applies to ETFs that
have been listed on equities exchanges pursuant to generic listing
standards for series of ``portfolio depositary receipts or index
fund shares'' rather than ``portfolio depositary receipts and index
fund shares.'' Such difference does not represent a substantive
difference from the rules of other exchanges. See infra n. 18.
---------------------------------------------------------------------------

    The Exchange believes that ETFs based on international and global
indexes that have been listed pursuant to the generic standards are
sufficiently broad-based enough so as to make options overlying such
ETFs not susceptible instruments for manipulation. The Exchange
believes that the threat of manipulation is sufficiently mitigated for
underlying ETFs that have been listed on equities exchanges pursuant to
generic listing standards for series of portfolio depositary receipts
or index fund shares based on international or global indexes under
which a comprehensive surveillance agreement is not required and for
the overlying options, that the Exchange does not see the need for a
CSSA to be in place before listing and trading options on such ETFs.
The Exchange notes that its proposal does not replace the need for a
CSSA as provided in the current rule. The provisions of the current
rule, including the need for a CSSA, remain materially unchanged in the
proposed rule and will continue to apply to options on ETFs that are
not listed on an equities exchange pursuant to generic listing
standards for series of portfolio depositary receipts or index fund
shares based on international or global indexes under which a
comprehensive surveillance agreement is not required. Instead, the
proposed rule adds an additional listing mechanism for certain
qualifying options on ETFs to be listed on the Exchange.
    Finally, the Exchange is also proposing to make several non-
substantive changes to the rule text in order to make it easier to read
and understand. Specifically, the Exchange is proposing to move Rule
5.3(g)(1)(C) (regarding Commodity Pool Units) to become Rule
5.3(g)(2)(B)(v). In addition, to account for proposed Rule
5.3(g)(2)(A), the Exchange proposes to re-number paragraphs (g)(2)(A)-
(D) as paragraphs (g)(2)(B)(i)-(iv), and to make clear that each of the
proposed newly numbered paragraphs (i.e., Rule 5.3(g)(2)(B)(i)-(v))
apply to the series of Exchange-Traded Fund Shares that do not meet the
criteria in proposed Rule 5.3(g)(2)(A).
2. Statutory Basis
    The proposed rule change is consistent with section 6(b) \15\ of
the Securities Exchange Act of 1934 (the ``Act''), in general, and
furthers the objectives of section 6(b)(5),\16\ in particular, in that
it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, and to remove impediments to and perfect
the mechanism of a free and open market and a national market system
and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In particular, the proposed rule change has the potential to reduce
the time frame for bringing options on ETFs to market, thereby reducing
the burdens on issuers and other market participants. The Exchange also
believes that enabling the listing and trading of options on ETFs
pursuant to this new listing standard will benefit investors by
providing them with valuable risk management tools. The Exchange notes
that its proposal does not replace the need for a comprehensive
surveillance agreement as provided in the current rule. The provisions
of the current rule, including the need for a CSSA, remain materially
unchanged and will continue to apply to options on ETFs that are not
listed on an equities exchange pursuant to generic listing standards
for series of portfolio depositary receipts or index fund shares based
on international or global indexes under which a comprehensive
surveillance agreement is not required. Instead, proposed Rule
5.3(g)(2)(A) adds an additional listing mechanism for certain
qualifying options on ETFs to be listed on the Exchange in a manner
that is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, to remove impediments to and perfect the
mechanisms of a free and open market and a national market system and,
in general, to protect investors and the public interest.
    The Exchange also believes that the proposed non-substantive
organizational changes are reasonable, fair, and equitable because they
are designed to make the rule easier to comprehend. As noted above, the
proposed non-substantive changes do not change the need for a CSSA as
provided in the current rule. The provisions of the current rule,
including the need for a CSSA, remain materially unchanged in the
proposed rule and will continue to apply to options on ETFs that are
not listed on an equities exchange pursuant to generic listing
standards for series of portfolio depositary receipts or index fund
shares based on international or global indexes under which a
comprehensive surveillance agreement is not required. These non-
substantive changes to the rules are intended to make the rules clearer
and less confusing for participants and investors and to eliminate
potential confusion, thereby removing impediments to and perfecting the
mechanism of a free and open market and a national market system, and,
in general, protecting investors and the public interest.

B. Self-Regulatory Organization's Statement on Burden on Competition

    In accordance with section 6(b)(8) of the Act,\17\ the Exchange
does not believe that the proposed rule change would impose any burden
on competition that is not necessary or appropriate in furtherance of
the purposes of the Act. To the contrary, the proposed rule change is a
competitive change that is substantially similar to recent rule changes
filed by MIAX Options Exchange (``MIAX''), NASDAQ OMX PHLX LLC
(``Phlx''), International Securities Exchange LLC (``ISE''), BOX

Options Exchange LLC (``BOX'') and BATS Exchange ``BATS'').\18\
Furthermore, the Exchange believes this proposed rule change will
benefit investors by providing additional methods to trade options on
ETFs, and by providing them with valuable risk management tools.
Specifically, the Exchange believes that market participants on the
Exchange would benefit from the introduction and availability of
options on ETFs in a manner that is similar to equities exchanges and
will provide investors with a venue on which to trade options on these
products. For all the reasons stated above, the Exchange does not
believe that the proposed rule changes will impose any burden on
competition not necessary or appropriate in furtherance of the purposes
of the Act, and believes the proposed change will enhance competition.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f(b)(8).
    \18\ See Securities Exchange Act Release Nos. 74509 (March 13,
2015), 80 FR 14425 (March 19, 2015) (SR-MIAX-2015-04); 74553 (March
20, 2015) 80 FR 16072 (March 26, 2015) (SR-Phlx-2015-27); 74832
(April 29, 2015), 80 FR 25738 (May 5, 2015) (SR-ISE-2015-16); 75132
(June 9, 2015), 80 FR 34175 (June 15, 2015) (SR-BOX-2015-21), 75166,
(June 12, 2015), 80 FR 34946 (June 18, 2015) (SR-BATS-2015-43).
---------------------------------------------------------------------------

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to section
19(b)(3)(A) of the Act \19\ and Rule 19b-4(f)(6) thereunder.\20\
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \21\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \22\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. The Exchange
stated that waiver of the operative delay will permit the Exchange to
list and trade certain ETF options on the same basis as other options
markets.\23\ The Commission believes the waiver of the operative delay
is consistent with the protection of investors and the public interest.
Therefore, the Commission hereby waives the operative delay and
designates the proposal operative upon filing.\24\
---------------------------------------------------------------------------

    \21\ 17 CFR 240.19b-4(f)(6).
    \22\ 17 CFR 240.19b-4(f)(6)(iii).
    \23\ See supra note 18.
    \24\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2015-60 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEArca-2015-60. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2015-60, and should
be submitted on or before August 7, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
---------------------------------------------------------------------------

    \25\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-17494 Filed 7-16-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)]
[Notices]
[Pages 38138-38139]
[FR Doc No: 2018-16687]

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

[EPA-HQ-OLEM-2018-0543, FRL-9981-11-OLEM]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Hazardous Remediation Waste Management Requirements
(HWIR) Contaminated Media (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) is planning to
submit the information collection request (ICR), Hazardous Remediation
Waste Management Requirements (HWIR) Contaminated Media (Renewal), (EPA
ICR No. 1775.08, OMB Control No. 2050-0161) to the Office of Management
and Budget (OMB) for review and approval in accordance with the
Paperwork Reduction Act (PRA). Before

doing so, the EPA is soliciting public comments on specific aspects of
the proposed information collection as described below. This is a
proposed extension of the ICR, which is currently approved through
November 30, 2018. An Agency may not conduct or sponsor and a person is
not required to respond to a collection of information unless it
displays a currently valid OMB control number.

DATES: Comments must be submitted on or before October 2, 2018.

ADDRESSES: Submit your comments, referencing by Docket ID No. EPA-HQ-
OLEM-2018-0543, online using www.regulations.gov (our preferred
method), by email to [email protected], or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW, Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Peggy Vyas, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, the EPA is soliciting
comments and information to enable it to: (i) Evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. The
EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval. At that time, the EPA will issue another Federal
Register notice to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB.
    Abstract: The Resource Conservation and Recovery Act (RCRA)
requires EPA to establish a national regulatory program to ensure that
hazardous wastes are managed in a manner protective of human health and
the environment. Under this program, EPA regulates newly generated
hazardous wastes, as well as hazardous remediation wastes (i.e.,
hazardous wastes managed during cleanup). Hazardous remediation waste
management sites must comply with all parts of 40 CFR part 264 except
subparts B, C, and D. In place of these requirements, they need to
comply with performance standards based on the general requirement
goals in these sections, which are codified at 40 CFR 264.1(j).
    Under Sec.  264.1(j), owners/operators of remediation waste
management sites must develop and maintain procedures to prevent
accidents. These procedures must address proper design, construction,
maintenance, and operation of hazardous remediation waste management
units at the site. In addition, owners/operators must develop and
maintain a contingency and emergency plan to control accidents that
occur. The plan must explain specifically how to treat, store, and
dispose of the hazardous remediation waste in question, and must be
implemented immediately whenever fire, explosion, or release of
hazardous waste or hazardous waste constituents that could threaten
human health or the environment. In addition, the Remedial Action Plan
streamlines the permitting process for remediation waste management
sites to allow cleanups to take place more quickly.
    Form numbers: None.
    Respondents/affected entities: Entities potentially affected by
this action are the private sector, as well as State, Local, or Tribal
governments.
    Respondent's obligation to respond: Mandatory (RCRA Sec.  3004(u)).
    Estimated number of respondents: 215.
    Frequency of response: One-time.
    Total estimated burden: 6,953 hours per year. Burden is defined at
5 CFR 1320.03(b).
    Total estimated cost: $431,798 (per year), includes $392,442
annualized labor and $39,356 annualized capital or operation &
maintenance costs.
    Changes in estimates: The burden hours are likely to stay
substantially the same.

    Dated: July 16, 2018.
Barnes Johnson,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2018-16687 Filed 8-2-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Rules and Regulations]
[Pages 70143-70149]
[FR Doc No: 2010-28973]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2009-0812; FRL-8851-7]

Acequinocyl; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes tolerances for residues of
acequinocyl in or on bean, edible podded; hop, dried cones; okra and
vegetable, fruiting, group 8. The Interregional Research Project Number
4 (IR-4) requested these tolerances under the Federal Food, Drug, and
Cosmetic Act (FFDCA).

DATES: This regulation is effective November 17, 2010. Objections and
requests for hearings must be received on or before January 18, 2011,
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: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2009-0812. All documents in the
docket are listed in the docket index available at http://www.regulations.gov. 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 in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Sidney Jackson, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
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 those
engaged in the following activities:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather to
provide 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 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 Government
Printing Office's e-CFR site at http://www.gpoaccess.gov/ecfr.

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 number EPA-HQ-OPP-2009-0812 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
January 18, 2011. 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 that does not contain any 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 a copy of
your non-CBI objection or hearing request, identified by docket ID
number EPA-HQ-OPP-2009-0812, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.

II. Summary of Petitioned-for Tolerance

    In the Federal Register of January 6, 2010 (75 FR 868) (FRL-8801-
5), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
9E7598) by IR-4 Project Headquarters, 500 College Road East, Suite
201W, Princeton, NJ 08540. The petition requested that 40 CFR 180.599
be amended by establishing tolerances for residues of the insecticide
acequinocyl, 2-(acetyloxy)-3-dodecyl-1,4-naphthalenedione, and its
metabolite, 2-dodecyl-3-hydroxy-1,4-naphthoquinone, calculated as the
stoichiometric equivalent of acequinocyl and by establishing a
tolerance for the residues of acequinocyl, including its metabolites
and degradates in or on vegetable, fruiting, group 8 at 0.7 parts per
million (ppm); okra at 0.7 ppm; bean, edible podded at 0.25 ppm and
hop, dried cone at 3.5 ppm. That notice referenced a summary of the
petition prepared on behalf of IR-4 by Arysta LifeScience North America
LLC, the registrant, which is available in the docket, http://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 has
revised the proposed tolerance for hop dried cones from 3.5 ppm to 4.0
ppm as available data submitted support the higher tolerance. The
reason(s) for these changes are explained in Unit IV.D.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. * *
* ''
    Consistent with section 408(b)(2)(D) of FFDCA, and the factors
specified in section 408(b)(2)(D) of FFDCA, 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 acequinocyl including
exposure resulting from the tolerances established by this action.
EPA's assessment of exposures and risks associated with acequinocyl
follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered their
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children.
    Acequinocyl exhibits low acute toxicity in oral, dermal and
inhalation routes of exposure, as well as, primary eye and primary skin
irritation studies. It is not a dermal sensitizer.
    In rat studies including a subchronic oral toxicity study, a 28-day
dermal toxicity study, and a chronic feeding/oncogenicity study,
acequinocyl increased prothrombin and activated partial thromboplastin.
Internal hemorrhages were observed in both a rat and rabbit
developmental toxicity study, a mouse subchronic/chronic toxicity
study, and in a 2-generation reproduction rat study. In a combined
chronic toxicity/oncogenicity study in rats, enlarged eyeballs were
observed. Hepatotoxicity in the mouse was evidenced by histopathology
and increased liver enzymes.
    In both rat and rabbit developmental toxicity studies, acequinocyl
increased the number of resorptions. Developmental effects (i.e.,
resorptions) occurred at a dose that was higher than or the same as the
dose that caused maternal toxicity. In the 2-generation reproduction
toxicity study in the rat, there was no evidence of reproductive
toxicity, though there were notable toxic effects observed in offspring
that were not observed in adults including swollen body parts,
protruding eyes, clinical signs, delays in pupil development and
increased mortality occurring mainly after weaning.
    There was no evidence of carcinogenic potential in either the rat
or mouse carcinogenicity study, indicating that acequinocyl is ``not
likely'' to be carcinogenic to humans. There was no concern for
mutagenic activity as indicated by several

mutagenicity studies. Acequinocyl is classified as ``Not likely to be
Carcinogenic to Humans.''
    Specific information on the studies received and the nature of the
adverse effects caused by acequinocyl as well as the no-observed-
adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-
level (LOAEL) from the toxicity studies can be found at http://www.regulations.gov in document, ``Acequinocyl; Human-Health Risk
Assessment for Proposed Section 3 Uses on Fruiting Vegetables, Hops,
Okra, and Edible-Podded Beans'' dated August 26, 2010, at pp. 32-35 in
docket ID number EPA-HQ-OPP-2009-0812-0004.

B. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA
identifies toxicological points of departure (POD) and levels of
concern to use in evaluating the risk posed by human exposure to the
pesticide. For hazards that have a threshold below which there is no
appreciable risk, the toxicological POD is used as the basis for
derivation of reference values for risk assessment. PODs are developed
based on a careful analysis of the doses in each toxicological study to
determine the dose at which no adverse effects are observed (the NOAEL)
and the lowest dose at which adverse effects of concern are identified
(the LOAEL). Uncertainty/safety factors are used in conjunction with
the POD to calculate a safe exposure level--generally referred to as a
population-adjusted dose (PAD) or a reference dose (RfD)--and a safe
margin of exposure (MOE). For non-threshold risks, the Agency assumes
that any amount of exposure will lead to some degree of risk. Thus, the
Agency estimates risk in terms of the probability of an occurrence of
the adverse effect expected in a lifetime. For more information on the
general principles EPA uses in risk characterization and a complete
description of the risk assessment process, see http://www.epa.gov/pesticides/factsheets/riskassess.htm.
    A summary of the toxicological endpoints for acequinocyl used for
human risk assessment is shown in Table 1 of this unit.

  Table 1--Summary of Toxicological Doses and Endpoints for Acequinocyl for Use in Human Health Risk Assessment
----------------------------------------------------------------------------------------------------------------
                                     Point of departure and
         Exposure/Scenario             uncertainty/safety    RfD, PAD, LOC for risk    Study and toxicological
                                             factors               assessment                  effects
----------------------------------------------------------------------------------------------------------------
Acute dietary......................  N/A...................  N/A...................  An endpoint attributable to
(General population including                                                         a single dose was not
 infants and children).                                                               identified in the
                                                                                database.
Chronic dietary....................  NOAEL = 2.7 mg/kg/day.  Chronic RfD = 0.027 mg/ Carcinogenicity study in
(All populations)..................  UFA = 10x.............   kg/day.                 mice (18 month); LOAEL =
                                     UFH = 10x.............  cPAD = 0.027 mg/kg/day   7.0 mg/kg/day based on the
                                     FQPA SF = 1x..........                           clinical chemistry and
                                                                                microscopic nonneoplastic
                                                                                lesions (brown pigmented
                                                                                cells and perivascular
                                                                                inflammatory cells in
                                                                                liver).
Short-term.........................  Dermal NOAEL = 200 mg/  LOC (occupational/      28-day dermal study in
(1 to 30 days) and intermediate-      kg/day.                 residential) for MOE    rats;
 term (1-6 months) dermal.                                    = <100.                LOAEL = 1000 mg/kg/day
                                                                                based on increased
                                                                                clotting factor times.
Short-term (1 to 30 days)            Oral NOAEL = 60 mg/kg/  LOC (occupational/      Developmental toxicity
 inhalation.                          day (inhalation         residential) = MOE      study in rabbits;
                                      absorption rate =       <100.                  Maternal LOAEL = 120 mg/kg/
                                      100%).                                          day based on clinical
                                     UFA = 10x.............                           signs (hematuria, reduced
                                     UFH = 10x.............                           fecal output, body weight
                                                                                loss, and reduced food
                                                                                consumption) and gross
                                                                                necropsy findings (pale
                                                                                lungs and liver,
                                                                                hemorrhaging uterus, fluid
                                                                                in the cecum, fur in the
                                                                                stomach, blood stained
                                                                                vaginal opening, blood-
                                                                                stained urinary bladder
                                                                                contents/urine).
----------------------------------------------------------------------------------------------------------------
Cancer (oral, dermal, inhalation)..          Classification: ``Not likely to be Carcinogenic to Humans.''
----------------------------------------------------------------------------------------------------------------
UFA = extrapolation from animal to human (interspecies).
UFH = potential variation in sensitivity among members of the human population (intraspecies).
FQPA SF = Food Quality Protection Act Safety Factor.
PAD = population adjusted dose (a = acute, c = chronic).
RfD = reference dose.
MOE = margin of exposure.
LOC = level of concern.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to acequinocyl, EPA considered exposure under the petitioned-
for tolerances as well as all existing acequinocyl tolerances in 40 CFR
180.599. EPA assessed dietary exposures from acequinocyl in food as
follows:
    i. Acute exposure. Quantitative acute dietary exposure and 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.
    No such effects were identified in the toxicological studies for
acequinocyl; therefore, a quantitative acute dietary exposure
assessment is unnecessary.
    ii. Chronic exposure. In conducting the chronic dietary exposure
assessment, EPA used the food consumption data from the U.S. Department
of Agriculture (USDA) 1994-1996 and 1998 and the Nationwide Continuing
Surveys of Food Intake by Individuals (CSFII). As to residue levels in
food, EPA conducted a chronic dietary exposure analysis of acequinocyl
based on the assumption of tolerance level residues and 100 percent
crops treated (PCT) for all existing and proposed uses.

    iii. Cancer. Based on the data summarized in Unit III.A., EPA has
concluded that acequinocyl does not pose a cancer risk to humans.
Therefore, a dietary exposure assessment for the purpose of assessing
cancer risk is unnecessary.
    iv. Anticipated residue and PCT information. EPA did not use
anticipated residue or PCT information in the dietary assessment for
acequinocyl. Tolerance level residues and 100 PCT were assumed for all
food commodities.
    2. Dietary exposure from drinking water. The Agency used screening
level water exposure models in the dietary exposure analysis and risk
assessment for acequinocyl in drinking water. These simulation models
take into account data on the physical, chemical, and fate/transport
characteristics of acequinocyl. Further information regarding EPA
drinking water models used in pesticide exposure assessment can be
found at http://www.epa.gov/oppefed1/models/water/index.htm.
    Based on the Pesticide Root Zone Model/Exposure Analysis Modeling
System (PRZM/EXAMS) and Screening Concentration in Ground Water (SCI-
GROW) models, the estimated drinking water concentrations (EDWCs) of
acequinocyl for chronic exposures for non-cancer assessments are
estimated to be 2.45 parts per billion (ppb) acequinocyl for surface
water and 0.0036 ppb (acequinocyl and its metabolite, acequinocyl-OH)
for ground water.
    Modeled estimates of drinking water concentrations were directly
entered into the dietary exposure model. For chronic dietary risk
assessment, the water concentration of value 2.45 ppb was used to
assess the contribution to drinking water.
    3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., for lawn and garden pest control, indoor pest control,
termiticides, and flea and tick control on pets).
    Acequinocyl is currently registered for the following uses that
could result in residential exposures: Landscape ornamentals in
residential and public areas for use by commercial applicators and
homeowners. EPA assessed residential exposure using the following
assumptions: In assessing residential exposure/risk, the homeowner
handlers are expected to complete all tasks associated with the use of
a pesticide product including mixing and loading (if needed), and
application. No chemical-specific data were available with which to
assess potential exposure to pesticide handlers. The estimates of
exposure to pesticide handlers are based upon surrogate study data
available from the Outdoor Residential Exposure Task Force (ORETF) and
the Pesticide Handlers Exposure Data (PHED). Homeowner handler
assessments are based on the assumption that individuals are wearing
shorts, short-sleeved shirts, socks, and shoes. Residential handler
exposure scenarios are considered to be short-term only, due to
infrequent use patterns associated with homeowner products.
    Based upon the proposed use pattern, the following residential
handler scenarios have been assessed:
    (1) Mixing/loading/applying liquids with low-pressure handwand
(ORETF-fruit trees and ornamentals).
    (2) Mixing/loading/applying liquids with hose-end sprayer (ORETF-
fruit trees and ornamentals).
    No significant dermal post-application exposure is expected from
landscape ornamentals uses.
    Further information regarding EPA standard assumptions and generic
inputs for residential exposures may be found at http://www.epa.gov/pesticides/trac/science/trac6a05.pdf.
    4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
    EPA has not found acequinocyl to share a common mechanism of
toxicity with any other substances, and acequinocyl does not appear to
produce a toxic metabolite produced by other substances. For the
purposes of this tolerance action, therefore, EPA has assumed that
acequinocyl does not have a common mechanism of toxicity with other
substances. For information regarding EPA's efforts to determine which
chemicals have a common mechanism of toxicity and to evaluate the
cumulative effects of such chemicals, see EPA's website at http://www.epa.gov/pesticides/cumulative.

D. Safety Factor for Infants and Children

    1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA
shall apply an additional tenfold (10X) 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 database on toxicity
and exposure unless EPA determines based on reliable data that a
different margin of safety will be safe for infants and children. This
additional margin of safety is commonly referred to as the FQPA Safety
Factor (SF). In applying this provision, EPA either retains the default
value of 10X, or uses a different additional safety factor when
reliable data available to EPA support the choice of a different
factor.
    2. Prenatal and postnatal sensitivity. In the rat prenatal
developmental toxicity study, developmental toxicity was indicated by
increased resorptions and fetal variations. The developmental toxicity
study in rabbits identified an increased number of complete
resorptions. In the rat two-generation reproductive toxicity study,
both the maternal and reproductive toxicity LOAELs were not observed,
however the LOAEL for parental males was 58.9/69.2 mg/kg/day based on
hemorrhagic effects. The offspring systemic LOAEL was also 58.9 mg/kg/
day. Though the offspring LOAEL was similar to that of parental male's,
there were effects specific to the pups which in addition to the
hemorrhagic effects noted in both generations, included swollen body
parts, protruding eyes, clinical signs, delays in pupil development and
increased mortality occurring mainly after weaning.
    3. Conclusion. EPA has determined that reliable data show the
safety of infants and children would be adequately protected if the
FQPA SF were reduced to 1X. That decision is based on the following
findings:
    i. At this time, the Agency is making permanent registration of
these new uses conditional pending resolution of toxicological issues
and has identified the following studies needed, including: (1) A 28-
day inhalation study; (2) an immunotoxicity study; and (3) acute and
subchronic neurotoxicity studies. Except for the 28-day inhalation
study, the remaining studies are required under new EPA regulations.
The toxicology database for acequinocyl does not show any evidence of
treatment-related effects on the immune system. The overall weight of
evidence suggests that this chemical does not directly target the
immune system. An immunotoxicity study is required as a part of new
data requirements in the 40 CFR part 158 for conventional pesticide
registration; however, the Agency does not believe that conducting a
functional immunotoxicity study will result in a lower point of
departure (POD) than that currently in use for overall risk assessment,
and therefore, a database uncertainty factor (UFDB) is not
needed to account for lack of this study.

    Although a 28-day inhalation study is not available, EPA has
determined that the additional FQPA SF is not needed. Residential
inhalation risk was estimated by calculating exposure using the
Agency's Residential SOPs. For chemicals with low vapor pressure (7.5 x
10-5 mmHg or below for outdoor uses at 20-30 [deg]C), these
standard assumptions are expected to overestimate the exposure via the
inhalation route. Acequinocyl is such a compound (1.69 x
10-11 mmHg at 25 [deg]C) and exposure through the inhalation
route is expected to be minimal. Therefore, the risk estimate is
conservative and is considered protective and the additional FQPA SF is
not needed. Since all calculated inhalation MOEs for residential
handlers are significantly greater than the Agency's LOC (MOE >100),
even retaining the FQPA SF would not affect EPA's conclusion on safety.
    There is potential evidence of neurotoxicity or neuropathology in
the 2-generation reproduction study as well as the rat subchronic oral
toxicity study, however these toxicities are not considered to be
primary effects since they occur in the presence of more severe
systemic effects in both studies. Therefore, although an acute and
subchronic neurotoxicity studies are now required as a part of new data
requirements in the 40 CFR part 158 for conventional pesticide
registration, the agency does not believe that conducting these studies
will result in a lower point of departure (POD) than that currently
used for overall risk assessment.
    ii. There is no evidence that acequinocyl results in increased
susceptibility in in utero rat or rabbit fetuses in the prenatal
developmental studies or in young rats in the 2-generation reproduction
study. In the 2-generation rat reproduction study, more severe effects
were observed in the offspring, however these effects were observed at
the same doses as parental effects, and a clear NOAEL was established
which is being used in endpoint selection.
    iii. There are no residual uncertainties identified in the exposure
databases. The dietary food exposure assessments were performed based
on 100 PCT and tolerance-level residues. EPA made conservative
(protective) assumptions in the ground water and surface water modeling
used to assess exposure to acequinocyl in drinking water. The
residential use (ornamentals) is not expected to result in post-
application exposure to infants and children. These assessments will
not underestimate the exposure and risks posed by acequinocyl.

E. 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 PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA
calculates the lifetime probability of acquiring cancer given the
estimated aggregate exposure. Short-, intermediate-, and chronic-term
risks are evaluated by comparing the estimated aggregate food, water,
and residential exposure to the appropriate PODs to ensure that an
adequate MOE exists.
    1. Acute risk. An acute aggregate risk assessment takes into
account acute exposure estimates from dietary consumption of food and
drinking water. No adverse effect resulting from a single oral exposure
was identified and no acute dietary endpoint was selected. Therefore,
acequinocyl is not expected to pose an acute risk.
    2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that chronic exposure to
acequinocyl from food and water will utilize 45% of the cPAD for
children 1-2 years old the population group receiving the greatest
exposure. Based on the use pattern, chronic residential exposure to
residues of acequinocyl is not expected.
    3. Short-term risk. Short-term aggregate exposure takes into
account short-term residential exposure plus chronic exposure to food
and water (considered to be a background exposure level).
    Acequinocyl is currently registered for uses that could result in
short-term residential exposure, and the Agency has determined that it
is appropriate to aggregate chronic exposure through food and water
with short-term residential exposures to acequinocyl.
    Using the exposure assumptions described in this unit for short-
term exposures, EPA has concluded that the combined short-term food,
drinking water, and dermal and inhalation residential exposures result
in aggregate MOE of 2,700 for adults 50+ years old, the highest exposed
population. Because EPA's level of concern for chemical name is a MOE
of 100 or below, these MOEs are not of concern.
    4. Intermediate-term risk. Intermediate-term aggregate exposure
takes into account intermediate-term residential exposure plus chronic
exposure to food and water (considered to be a background exposure
level). Acequinocyl is not registered for any use patterns that would
result in intermediate-term residential exposure. Intermediate-term
risk is assessed based on intermediate-term residential exposure plus
chronic dietary exposure. Because there is no intermediate-term
residential exposure and chronic dietary exposure has already been
assessed under the appropriately protective cPAD (which is at least as
protective as the POD used to assess intermediate-term risk), no
further assessment of intermediate-term risk is necessary, and EPA
relies on the chronic dietary risk assessment for evaluating
intermediate-term risk for acequinocyl.
    5. Aggregate cancer risk for U.S. population. Based on the lack of
evidence of carcinogenicity, acequinocyl is not expected to pose a
cancer risk to humans.
    6. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population, or to infants and children from aggregate
exposure to acequinocyl residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodologies are available for enforcing
tolerances for acequinocyl residues of concern in/on the proposed/
registered plant commodities. Methods include two high-performance
liquid chromatography methods with tandem mass-spectroscopy detection
(HPLC/MS/MS).
    The methods may be requested from: Chief, Analytical Chemistry
Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD
20755-5350; telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
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 Codex Alimentarius is a joint U.N. Food and
Agriculture Organization/World Health Organization food standards
program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the U.S. is
a party. EPA may establish a tolerance that is different from a Codex
MRL; however, FFDCA section 408(b)(4) requires that EPA explain the
reasons for departing from the Codex level.

    The Codex has not established MRLs for acequinocyl.

C. Revisions to Petitioned-for Tolerances

    The Agency revised the 3.5 ppm proposed tolerance on hop, dried
cones to 4.0 ppm. The Agency's tolerance spreadsheet as specified by
the Guidance for Setting Tolerances Based on Field Trial Data SOP
(August 2009 version) was used to determine appropriate tolerance
levels.
    EPA has revised the tolerance expression for acequinocyl to clarify
    1. That, as provided in FFDCA section 408(a)(3), the tolerance
covers metabolites and degradates of acequinocyl not specifically
mentioned; and
    2. That compliance with the specific compounds mentioned in the
tolerance expression.

V. Conclusion

    Therefore, tolerances are established for residues of acequinocyl
including its metabolites and degradates in or on bean, edible podded
at 0.25 ppm, hop, dried cones at 4.0 ppm, okra at 0.70 ppm, and
vegetable, fruiting, group 8 at 0.70 ppm. Compliance with the tolerance
levels specified is to be determined by measuring only the sum of
acequinocyl [2-(acetyloxy)-3-dodecyl-1,4-naphthalenedione] and its
metabolite, 2-dodecyl-3-hydroxy-1,4-naphthoquinone, calculated as the
stoichiometric equivalent of acequinocyl, in or on the commodity.

VI. Statutory and Executive Order Reviews

    This final rule establishes tolerances under section 408(d) of
FFDCA 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 final rule has been
exempted from review under Executive Order 12866, this final rule 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 Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997). This final rule 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 section 408(d) of FFDCA, such as the tolerance 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 final rule 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 section 408(n)(4) of FFDCA. 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 final rule. In addition,
this final rule does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L. 104-4).
    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 of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).

VII. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. 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 this final rule in the Federal
Register. This final rule 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: November 4, 2010.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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. Section 180.599 is amended by revising paragraph (a) introductory
text and alphabetically adding the following commodities to the table
in paragraph (a) to read as follows:

Sec.  180.599  Acequinocyl; tolerance for residues.

    (a) General. Tolerances are established for residues of
acequinocyl, including its metabolites and degradates, in or on the
commodities in the table below. Compliance with the tolerance levels
specified below is to be determined by measuring only the sum of
acequinocyl [2-(acetyloxy)-3-dodecyl-1,4-naphthalenedione] and its
metabolite, 2-dodecyl-3-hydroxy-1,4-naphthoquinone, calculated as the
stoichiometric equivalent of acequinocyl, in or on the commodity.

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------

                                * * * * *
Bean, edible podded..................................               0.25

                                * * * * *
Hop, dried cones.....................................               4.0

                                * * * * *
Okra.................................................               0.70

                                * * * * *
Vegetable, fruiting, group 8.........................               0.70
------------------------------------------------------------------------

* * * * *
[FR Doc. 2010-28973 Filed 11-16-10; 8:45 am]
BILLING CODE 6560-50-P