[Federal Register Volume 88, Number 52 (Friday, March 17, 2023)]
[Rules and Regulations]
[Pages 16379-16383]
[FR Doc No: 2023-05314]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2021-0190; FRL-10783-01-OCSPP]

Paraffin Waxes and Hydrocarbon Waxes, Carboxypolymethylene Resin,
and Paraffin Waxes and Hydrocarbon, Oxidized, Lithium Salts in
Pesticide Formulations; Tolerance Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of paraffin waxes and hydrocarbon waxes,
carboxypolymethylene resin, and paraffin waxes and hydrocarbon,
oxidized, lithium salts when used as inert ingredients (flow aid,
surface protectant, binder, carrier, coating agent or adjuvant) on
growing crops and raw agricultural commodities pre- and post-harvest,
applied in/on animals, and in antimicrobial formulations applied to
food-contact surfaces in public eating places, dairy-processing
equipment, and food-processing equipment and utensils. Spring
Regulatory Sciences, on behalf of Sasol Chemicals (USA) LLC, submitted
a petition to EPA under the Federal Food, Drug, and Cosmetic Act
(FFDCA), requesting establishment of an exemption from the requirement
of a tolerance. This regulation eliminates the need to establish a
maximum permissible level for residues of paraffin waxes and
hydrocarbon waxes, carboxypolymethylene resin oxidized paraffin wax,
and paraffin waxes and hydrocarbon, oxidized, lithium salts, when used
in accordance with the terms of those exemptions.

DATES: This regulation is effective March 17, 2023. Objections and
requests for hearings must be received on or before May 16, 2023 and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2021-0190, is available at
https://www.regulations.gov or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket) in the Environmental Protection
Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg.,
Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460-0001. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room and the OPP docket is<PHONE_NUMBER>. For the latest
status information on EPA/DC services, docket access, visit https://www.epa.gov/dockets.

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

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

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

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

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Office of the Federal Register's e-CFR site at
https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180?toc=1.

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

    Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file
an objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number 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 May 16,
2023. Addresses for mail and hand delivery of objections and hearing
requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2021-0190, by one of
the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/where-send-comments-epa-dockets#express.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.

II. Petition for Exemption

    In the Federal Register of March 22, 2021 (86 FR 15164, FRL-10021-
44), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C.
346a, announcing the filing of a pesticide petition (PP IN-11450) by
Spring Regulatory Sciences, 6620 Cypresswood Dr., Suite 250, Spring, TX
77379, on behalf of Sasol Chemicals (USA) LLC, 12120 Wickchester Lane,
Houston, TX 77224. The petition requested that 40 CFR be amended by
establishing an exemption from the requirement of a tolerance for
residues of paraffin waxes and hydrocarbon waxes (CAS Reg. No. 8002-74-
2); carboxypolymethylene resin (CAS Reg. No. 68153-22-0) (also known as
oxidized paraffin wax); and paraffin waxes and hydrocarbon, oxidized,
lithium salts (CAS Reg. No. 68649-48-9), when used as an inert
ingredient (flow aid, surface protectant, binder, carrier, coating
agent or adjuvant) in pesticide formulations applied to growing crops
and raw agricultural commodities pre- and post-harvest under 40 CFR
180.910, applied in/on animals under 40 CFR 180.930, and in
antimicrobial formulations applied to food-contact surfaces in public
eating places, dairy-processing

equipment, and food-processing equipment and utensils under 40 CFR
180.940(a). For ease of reading, all three chemicals are referred to
collectively as paraffin waxes in the following sections. There were no
comments received in response to the notice of filing.

III. Inert Ingredient Definition

    Inert ingredients are all ingredients that are not active
ingredients as defined in 40 CFR 153.125 and include, but are not
limited to, the following types of ingredients (except when they have a
pesticidal efficacy of their own): Solvents such as alcohols and
hydrocarbons; surfactants such as polyoxyethylene polymers and fatty
acids; carriers such as clay and diatomaceous earth; thickeners such as
carrageenan and modified cellulose; wetting, spreading, and dispersing
agents; propellants in aerosol dispensers; microencapsulating agents;
and emulsifiers. The term ``inert'' is not intended to imply
nontoxicity; the ingredient may or may not be chemically active.
Generally, EPA has exempted inert ingredients from the requirement of a
tolerance based on the low toxicity of the individual inert
ingredients.

IV. Aggregate Risk Assessment and Determination of Safety

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for 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(c)(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. When making a safety determination for an
exemption for the requirement of a tolerance FFDCA section 408(c)(2)(B)
directs EPA to consider the considerations in section 408(b)(2)(C) and
(D). 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. . .
.'' Section 408(b)(2)(D) lists other factors for EPA consideration
making safety determinations, e.g., the validity, completeness, and
reliability of available data, nature of toxic effects, available
information concerning the cumulative effects of the pesticide chemical
and other substances with a common mechanism of toxicity, and available
information concerning aggregate exposure levels to the pesticide
chemical and other related substances, among others.
    EPA establishes exemptions from the requirement of a tolerance only
in those cases where it can be clearly demonstrated that the risks from
aggregate exposure to pesticide chemical residues under reasonably
foreseeable circumstances will pose no harm to human health. In order
to determine the risks from aggregate exposure to pesticide inert
ingredients, the Agency considers the toxicity of the inert in
conjunction with possible exposure to residues of the inert ingredient
through food, drinking water, and through other exposures that occur as
a result of pesticide use in residential settings. If EPA is able to
determine that a finite tolerance is not necessary to ensure that there
is a reasonable certainty that no harm will result from aggregate
exposure to the inert ingredient, an exemption from the requirement of
a tolerance may be established.
    Consistent with FFDCA section 408(c)(2)(A), and the factors
specified in FFDCA section 408(c)(2)(B), 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 paraffin waxes including
exposure resulting from the exemption established by this action. EPA's
assessment of exposures and risks associated with paraffin waxes
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. Specific information on the studies received and the nature
of the adverse effects caused by paraffin waxes as well as the no-
observed-adverse-effect-level (NOAEL) and the lowest-observed-adverse-
effect-level (LOAEL) from the toxicity studies are discussed in this
unit.
    Paraffin waxes exhibit low levels of acute toxicity via the oral,
and dermal routes of exposure and they are anticipated to have low
acute toxicity via the inhalation route. Paraffin waxes are non-
irritating to the eye or skin, and they are not dermal sensitizers.
    The repeated-dose toxicity for paraffin waxes is low. No adverse
effects were observed in a 90-day oral rat study or in a developmental
toxicity study in rats up to the limit dose. No acceptable oral chronic
or carcinogenicity studies are available for paraffin waxes. However,
there is low concern for genotoxicity or mutagenicity based on negative
results in mammalian and bacterial genotoxicity tests. No evidence of
neurotoxicity was observed in the neurotoxicity screening performed in
the 90-day oral rat study and no evidence of immunotoxicity was seen in
the available studies.

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 https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/overview-risk-assessment-pesticide-program.
    The hazard profile of paraffin waxes is adequately defined.
Overall, paraffin waxes are of low acute, subchronic, and
developmental/reproductive toxicity. No systemic toxicity is observed
up to 1,000 mg/kg/day. Since signs of toxicity were not observed, no
toxicological endpoints of concern or PODs were identified. Therefore,
a qualitative risk

assessment for paraffin waxes can be performed.

C. Exposure Assessment

    1. Dietary exposure. In evaluating dietary exposure to paraffin
waxes, EPA considered exposure under the proposed exemption from the
requirement of a tolerance. EPA assessed dietary exposures from
paraffin waxes in food and drinking water as follows:
    Dietary exposure (food and drinking water) to paraffin waxes may
occur from foods containing these inert ingredients and from non-
pesticidal uses (e.g., cosmetics and personal care). However, no
toxicological endpoints of concern were selected, and therefore, a
quantitative dietary exposure assessment for paraffin waxes was not
conducted.
    2. 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). Although the current
and proposed uses of paraffin waxes can result in residential
exposures, no toxicological endpoints were selected, and therefore, it
is not necessary to conduct a quantitative assessment of residential
exposures and risks.
    3. 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.''
    Based on the lack of toxicity in the available database, EPA has
not found paraffin waxes to share a common mechanism of toxicity with
any other substances, and paraffin waxes do not appear to produce a
toxic metabolite produced by other substances. For the purposes of this
tolerance exemption, therefore, EPA has assumed that the paraffin waxes
in this petition do 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 https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/cumulative-assessment-risk-pesticides.

D. Additional Safety Factor for the Protection of Infants and Children

    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 Food Quality Protection Act
(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.
    Based on an assessment of paraffin waxes, EPA has concluded that
there are no toxicological endpoints of concern for the U.S.
population, including infants and children. Because there are no
threshold effects associated with paraffin waxes, EPA conducted a
qualitative assessment. As part of that assessment, the Agency did not
use safety factors for assessing risk, and no additional safety factor
is needed for assessing risk to infants and children.

E. Aggregate Risks and Determination of Safety

    Because no toxicological endpoints of concern were identified, 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 paraffin wax residues.

V. Other Considerations

Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since
the Agency is establishing an exemption from the requirement of a
tolerance without any numerical limitation.

VI. Conclusions

    Therefore, an exemption from the requirement of a tolerance is
established for residues of paraffin waxes, paraffin waxes and
hydrocarbon waxes (CAS Reg. No. 8002-74-2); carboxypolymethylene resin
(CAS Reg. No. 68153-22-0); and paraffin waxes and hydrocarbon,
oxidized, lithium salts (CAS Reg. No. 68649-48-9) when used as inert
ingredients (flow aid, surface protectant, binder, carrier, coating
agent or adjuvant) in pesticide formulations applied to growing crops
and raw agricultural commodities pre- and post-harvest under 40 CFR
180.910, applied in/on animals under 40 CFR 180.930, and in
antimicrobial formulations applied to food-contact surfaces in public
eating places, dairy-processing equipment, and food-processing
equipment and utensils under 40 CFR 180.940(a).

VII. Statutory and Executive Order Reviews

    This action establishes exemptions from the requirement of a
tolerance under FFDCA section 408(d) in response to a petition
submitted to the Agency. The Office of Management and Budget (OMB) has
exempted these types of actions from review under Executive Order
12866, entitled ``Regulatory Planning and Review'' (58 FR 51735,
October 4, 1993). Because this action has been exempted from review
under Executive Order 12866, this action is not subject to Executive
Order 13211, entitled ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) or Executive Order 13045, entitled ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997). This action does not contain any information
collections subject to OMB approval under the Paperwork Reduction Act
(PRA) (44 U.S.C. 3501 et seq.), nor does it require any special
considerations under Executive Order 12898, entitled ``Federal Actions
to Address Environmental Justice in Minority Populations and Low-Income
Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the exemptions in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or Tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
Tribal Governments, on the relationship between the National Government
and the States or Tribal Governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian Tribes. Thus, the Agency has
determined that Executive Order 13132,

entitled ``Federalism'' (64 FR 43255, August 10, 1999) and Executive
Order 13175, entitled ``Consultation and Coordination with Indian
Tribal Governments'' (65 FR 67249, November 9, 2000) do not apply to
this action. In addition, this action does not impose any enforceable
duty or contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

VIII. Congressional Review Act

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

List of Subjects in 40 CFR Part 180

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

    Dated: March 9, 2023.
Daniel Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.

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

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

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

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

0
2. In Sec.  180.910, amend table 1 to 180.910 by adding, in
alphabetical order, an entry for ``Paraffin waxes and hydrocarbon waxes
(CAS Reg. No. 8002-74-2); carboxypolymethylene resin (CAS Reg. No.
68153-22-0); and paraffin waxes and hydrocarbon, oxidized, lithium
salts (CAS Reg. No. 68649-48-9)'' to read as follows:

Sec.  180.910  Inert ingredients used pre- and post-harvest; exemptions
from the requirement of a tolerance.

* * * * *

                           Table 1 to 180.910
------------------------------------------------------------------------
         Inert ingredients               Limits              Uses
------------------------------------------------------------------------

                              * * * * * * *
Paraffin waxes and hydrocarbon       ..............  Flow aid, surface
 waxes (CAS Reg. No. 8002-74-2);                      protectant,
 carboxypolymethylene resin (CAS                      binder, carrier,
 Reg. No. 68153-22-0); and paraffin                   coating agent or
 waxes and hydrocarbon, oxidized,                     adjuvant.
 lithium salts (CAS Reg. No. 68649-
 48-9).

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

0
3. In Sec.  180.930, amend table 1 to 180.930 by adding, in
alphabetical order, an entry for ``Paraffin waxes and hydrocarbon
waxes; carboxypolymethylene resin; and paraffin waxes and hydrocarbon,
oxidized, lithium salts'' to read as follows:

Sec.  180.930  Inert ingredients applied to animals; exemptions from
the requirement of a tolerance.

* * * * *

                           Table 1 to 180.930
------------------------------------------------------------------------
         Inert ingredients               CAS Reg. No.         Limits
------------------------------------------------------------------------

                              * * * * * * *
Paraffin waxes and hydrocarbon       8002-74-2; 68153-22-
 waxes; carboxypolymethylene resin;   0; 68649-48-9.
 and paraffin waxes and
 hydrocarbon, oxidized, lithium
 salts.

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

0
4. In Sec.  180.940, amend table 1 to paragraph (a) by adding, in
alphabetical order, an entry for ``Paraffin waxes and hydrocarbon
waxes; carboxypolymethylene resin; and paraffin waxes and hydrocarbon,
oxidized, lithium salts'' to read as follows:

Sec.  180.940  Tolerance exemptions for active and inert ingredients
for use in antimicrobial formulations (Food-contact surface sanitizing
solutions)

* * * * *
    (a) * * *

                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
         Inert ingredients               CAS Reg. No.         Limits
------------------------------------------------------------------------

                              * * * * * * *
Paraffin waxes and hydrocarbon       8002-74-2; 68153-22-
 waxes; carboxypolymethylene resin;   0; 68649-48-9.
 and paraffin waxes and
 hydrocarbon, oxidized, lithium
 salts.

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

* * * * *
[FR Doc. 2023-05314 Filed 3-16-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 241 (Tuesday, December 15, 2020)]
[Rules and Regulations]
[Pages 81096-81097]
[FR Doc No: 2020-27442]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0835; Airspace Docket No. 20-AEA-16]
RIN 2120-AA66

Establishment of Class E Airspace; Toughkenamon, PA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace extending upward from
700 feet above the surface for New Garden Airport, Toughkenamon, PA, to
accommodate new instrument procedures designed for the airport.
Controlled airspace is necessary for the safety and management of
instrument flight rules (IFR) operations in the area.

DATES: Effective 0901 UTC, February 25, 2021. The Director of the
Federal Register approves this incorporation by reference action under
Title 1 Code of Federal Regulations part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11E, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; Telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11E at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Ave, College Park, GA 30337; Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, 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 I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes Class E airspace at New Garden Airport, Toughkenamon,
PA, to support IFR operations in the area.

History

    The FAA published a notice of prosed rulemaking in the Federal
Register (85 FR 60107, September 24, 2020) for Docket No. FAA-2020-0835
to establish Class E airspace extending upward from 700 feet above the
surface at New Garden Airport, Toughkenamon, PA.
    Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. One
comment supporting the proposal was received.
    Class E airspace designations are published in Paragraph 6005, of
FAA Order 7400.11E, dated July 21, 2020, and effective September 15,
2020, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020, and effective September 15,
2020. FAA Order 7400.11E is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11D lists Class A,
B, C, D, and E airspace areas, air traffic routes, and reporting
points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71 establishes Class E airspace extending upward from 700 feet
above the surface as new instrument approach procedures have been
designed for New Garden Airport, Toughkenamon, PA . These changes are
necessary for continued safety and management of IFR operations in the
area. FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

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

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 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

0
1. The authority citation for part 71 continues to read as follows:

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting Points, dated July 20, 2020,
effective September 15, 2020, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward from 700
feet or More Above the Surface of the Earth.

* * * * *

AEA PA E5 Toughkenamon, PA [New]

New Garden Airport, PA
    (Lat. 39[deg]49'50'' N, long. 75[deg]46'11'' W)
    That airspace extending upward from 700 feet above the surface
within a 7-mile radius of New Garden Airport.

    Issued in College Park, Georgia, on December 8, 2020.
Andreese C. Davis,
Manager, Airspace & Procedures Team South,Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2020-27442 Filed 12-14-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 155 (Tuesday, August 11, 2020)]
[Notices]
[Pages 48550-48551]
[FR Doc No: 2020-17535]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2020-0189]

Collection of Information Under Review by Office of Management
and Budget; OMB Control Number 1625-0073

AGENCY: Coast Guard, DHS.

ACTION: Thirty-day notice requesting comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 the
U.S. Coast Guard is forwarding an Information Collection Request (ICR),
abstracted below, to the Office of Management and Budget (OMB), Office
of Information and Regulatory Affairs (OIRA), requesting an extension
of its approval for the following collection of information: 1625-0073,
Alteration of Unreasonable Obstructive Bridges; without change.
    Our ICR describes the information we seek to collect from the
public. Review and comments by OIRA ensure we only impose paperwork
burdens commensurate with our performance of duties.

DATES: You may submit comments to the Coast Guard and OIRA on or before
September 10, 2020.

ADDRESSES: Comments to the Coast Guard should be submitted using the
Federal eRulemaking Portal at https://www.regulations.gov. Search for
docket number [USCG-2020-0189]. Written comments and recommendations to
OIRA for the proposed information collection should be sent within 30
days of publication of this notice to https://www.reginfo.gov/public/do/PRAMain.
    Find this particular information collection by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function.
    A copy of the ICR is available through the docket on the internet
at https://www.regulations.gov. Additionally, copies are available
from: COMMANDANT (CG-6P), ATTN: Paperwork Reduction Act Manager, U.S.
Coast Guard, 2703 Martin Luther King Jr. Ave. SE, Stop 7710,
Washington, DC 20593-7710.

FOR FURTHER INFORMATION CONTACT: A.L. Craig, Office of Privacy
Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>, for questions
on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology. Consistent with
the requirements of Executive Order 13771, Reducing Regulation and
Controlling Regulatory Costs, and Executive Order 13777, Enforcing the
Regulatory Reform Agenda, the Coast Guard is also requesting comments
on the extent to which this request for information could be modified
to reduce the burden on respondents. These comments will help OIRA
determine whether to approve the ICR referred to in this Notice.

    We encourage you to respond to this request by submitting comments
and related materials. Comments to Coast Guard or OIRA must contain the
OMB Control Number of the ICR. They must also contain the docket number
of this request, [USCG-2020-0189], and must be received by September
10, 2020.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at https://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments to the Coast Guard will
be posted without change to https://www.regulations.gov and will
include any personal information you have provided. For more about
privacy and submissions to the Coast Guard in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020). For more about privacy and submissions to OIRA in
response to this document, see the https://www.reginfo.gov, comment-
submission web page. OIRA posts its decisions on ICRs online at https://www.reginfo.gov/public/do/PRAMain after the comment period for each
ICR. An OMB Notice of Action on each ICR will become available via a
hyperlink in the OMB Control Number: 1625-0073.

Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The
Coast Guard published the 60-day notice (85 FR 32409, May 29, 2020)
required by 44 U.S.C. 3506(c)(2). We received one unrelated comment in
response to our 60 day notice. The commenter requested back pay and
compensation related to injustices resulting from the Higher Education
Act of 1965 and the Atomic Energy Act of 1954, which are unrelated to
this collection of information for alteration of bridges. No changes
have been made to the information collection request. Accordingly, no
changes have been made to the Collection.

Information Collection Request

    Title: Alteration of Unreasonable Obstructive Bridges.
    OMB Control Number: 1625-0073.
    Summary: The collection of information is a request to determine if
the bridge is unreasonable obstructive.
    Need: 33 U.S.C. 494, 502, 511, 513, 514, 515, 516, 517, 521, 522,
523 and 524 authorize the Coast Guard to require the removal or
alteration of bridges and causeways over the navigable waters of the
United States and that the Coast Guard deems to be unreasonably
obstructive.
    Forms: None.
    Respondents: Public and Private Owners of bridges over navigable
waters of the United States.
    Frequency: Occasional.
    Hour Burden Estimate: The estimated burden is 160 hours a year.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
chapter 35, as amended.

    Dated: August 6, 2020.
Kathleen Claffie,
Chief, Office of Privacy Management, U.S. Coast Guard.
[FR Doc. 2020-17535 Filed 8-10-20; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 84 (Friday, May 1, 2015)]
[Notices]
[Page 24915]
[FR Doc No: 2015-10218]

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

ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9020-7]

Environmental Impact Statements; Notice of Availability

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

Weekly receipt of Environmental Impact Statements
Filed 04/20/2015 Through 04/24/2015
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: http://www.epa.gov/compliance/nepa/eisdata.html.

EIS No. 20150117, Draft EIS, NPS, HI, Hawaii Volcanoes National Park
Draft General Management Plan and Wilderness Study, Comment Period
Ends: 06/30/2015, Contact: Cindy Orlando<PHONE_NUMBER>.
EIS No. 20150118, Draft Supplement, USACE, CA, Mather Specific Plan,
Comment Period Ends: 06/15/2015, Contact: Mary Pakenham-Walsh 916-557-
7718.
EIS No. 20150119, Final EIS, OSM, NM, Four Corners Power Plant and
Navajo Mine Energy Project, Review Period Ends: 06/01/2015, Contact:
Mychal Yellowman<PHONE_NUMBER>.
EIS No. 20150120, Final EIS, WAPA, USFWS, 00, PROGRAMMATIC--Upper Great
Plains Wind Energy Project, Review Period Ends: 06/01/2015, Contact:
Mark Wieringa<PHONE_NUMBER>.
    The U.S. Department of Energy's Western Area Power Administration
and the U.S. Department of the Interior's Fish and Wildlife Service are
joint lead agencies for the above project.

EIS No. 20150121, Final EIS, BLM, WY, TransWest Express Transmission
Project, Review Period Ends: 06/01/2015, Contact: Sharon Knowlton 307-
775-6124.
EIS No. 20150122, Final EIS, APHIS, OR, ADOPTION--Double-crested
Cormorant Management Plan to Reduce Predation of Juvenile Salmonids in
the Columbia River Estuary, Contact: Kevin Christensen<PHONE_NUMBER>.
    The U.S. Department of Agriculture's Animal and Plant Health
Inspection Service (APHIS) has adopted the U.S. Army Corps of Engineers
FEIS #20150122, filed with the U.S. EPA on 2/25/2015. APHIS was a
cooperating agency on this project, therefore, recirculation of the
document is not necessary under section 1506.3(c) of CEQ Regulations.

    Dated: April 28, 2015.
Cliff Rader,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2015-10218 Filed 4-30-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Notices]
[Pages 64988-64989]
[FR Doc No: 2021-25249]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0155]

Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From Verizon Connect, Inc.

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

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

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
requests public comment on an application for exemption from Verizon
Connect, Inc. (Verizon) to allow its Integrated Video Dashcam to be
mounted lower in the windshield on commercial motor vehicles than is
currently permitted.

DATES: Comments must be received on or before December 20, 2021.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2021-0155 using any of the
following methods:
     Website: http://www.regulations.gov. Follow the
instructions for submitting comments on the Federal electronic docket
site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of
Transportation, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590-0001.
     Hand Delivery: Dockets Operations, Ground Floor, Room W12-
140, DOT Building, 1200 New Jersey Avenue SE, Washington, DC, between 9
a.m. and 5 p.m. E.T., Monday-Friday, except Federal holidays. To be
sure someone is there to help you, please call<PHONE_NUMBER> or (202)
366-9826 before visiting Docket Operations.
    Instructions: All submissions must include the Agency name and
docket number for this notice. For detailed instructions on submitting
comments and additional information on the exemption process, see the
``Public Participation'' heading below. Note that all comments received
will be posted without change to http://www.regulations.gov, including
any personal information provided. Please see the ``Privacy Act''
heading for further information.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to Room W12-140,
DOT Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. To be sure
someone is there to help you, please call<PHONE_NUMBER> or (202) 366-
9826 before visiting Docket Operations.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its regulatory process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
    Public participation: The http://www.regulations.gov website is
generally available 24 hours each day, 365 days each year. You may find
electronic submission and retrieval help and guidelines under the
``help'' section of the http://www.regulations.gov website as well as
the DOT's http://docketsinfo.dot.gov website. If you would like
notification that we received your comments, please include a self-
addressed, stamped envelope or postcard, or print the acknowledgment
page that appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mr. Jos[eacute] R. Cestero, Vehicle
and Roadside Operations Division, Office of Carrier, Driver, and
Vehicle Safety, MC-PSV,<PHONE_NUMBER>, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2021-0155), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
    To submit your comments online, go to www.regulations.gov and put
the docket number, ``FMCSA-2021-0155'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the facility, please enclose a stamped, self-addressed postcard
or envelope. FMCSA will consider all

comments and material received during the comment period and may grant
or not grant this application based on your comments.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31315(b) to grant exemptions
from certain parts of the Federal Motor Carrier Safety Regulations
(FMCSRs). FMCSA must publish a notice of each exemption request in the
Federal Register (49 CFR 381.315(a)). The Agency must provide the
public an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted.
The Agency must also provide an opportunity for public comment on the
request.
    The Agency reviews safety analyses and public comments submitted
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period (up to 5
years) and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).

III. Verizon's Application for Exemption

    The Federal Motor Carrier Safety Regulations require devices
meeting the definition of ``vehicle safety technology,'' including
Verizon's Integrated Video Dashcam, such as Collision Mitigation
Systems, Adaptive Cruise Control, Lane Departure Warning, Lane Keeping
Assist, Collision Mitigation, High Beam Assist, and Traffic Sign
Recognition, to be mounted (1) not more than 4 inches below the upper
edge of the area swept by the windshield wipers, or (2) not more than 7
inches above the lower edge of the area swept by the windshield wipers,
and outside the driver's sight lines to the road and highway signs and
signals. Verizon has applied for an exemption from 49 CFR 393.60(e)(1)
to allow its Integrated Video Dashcam to be mounted lower in the
windshield than is currently permitted. A copy of the application is
included in the docket referenced at the beginning of this notice.

IV. Request for Comments

    In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public
comment from all interested persons on Verizon's application for an
exemption from 49 CFR 393.60(e)(1). All comments received before the
close of business on the comment closing date indicated at the
beginning of this notice will be considered and will be available for
examination in the docket at the location listed under the ADDRESSES
section of this notice. Comments received after the comment closing
date will be filed in the public docket and will be considered to the
extent practicable. In addition to late comments, FMCSA will also
continue to file, in the public docket, relevant information that
becomes available after the comment closing date. Interested persons
should continue to examine the public docket for new material.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-25249 Filed 11-18-21; 8:45 am]
BILLING CODE 4910-EX-P