(3) Each cargo hatch must be weathertight as defined in Sec.
42.13-10 of this chapter;
    (4) The temperature of the material must be less than 55 [deg]C
(131 [deg]F); and
    (5) Each fuel tank under a cargo hold where the material is stowed
must be pressure tested before loading to ensure that there is no
leakage of manholes or piping systems leading through the cargo hold.
    (d) Bunkering or transferring of fuel to or from the vessel may not
be performed during cargo loading and unloading operations involving a
material covered by this section.
    (e) When a material covered by this section is transported on a
cargo vessel--
    (1) No other material may be stowed in the same hold with that
material;
    (2) In addition to the segregation requirements in Sec.  148.140 of
this part, the material must be separated by a complete cargo
compartment or hold from readily combustible materials, chlorates,
chlorides, chlorites, hypochlorites, nitrites, permanganates, and
fibrous materials; and
    (3) The bulkhead between a cargo hold containing a material covered
by this section and the engine room must be insulated to ``A-60'' class
division or an equivalent arrangement to the satisfaction of the
cognizant Coast Guard Captain of the Port or the Administration of the
country of shipment.

Sec.  148.220  Ammonium nitrate-phosphate fertilizers.

    (a) This section applies to the stowage and transportation of
uniform, nonsegregating mixtures of nitrogen/phosphate or nitrogen/
potash type fertilizers, or complete fertilizers of nitrogen/phosphate/
potash type containing a maximum of 70 percent of ammonium nitrate and
containing a maximum of 0.4 percent total added combustible material or
containing a maximum of 45 percent ammonium nitrate with unrestricted
combustible material.
    (b) A fertilizer mixture described in paragraph (a) of this section
is exempt if--
    (1) When tested in accordance with the trough test prescribed in
Appendix 2, Section 4, of the IMSBC Code or in the UN Manual of Tests
and Criteria, Part III, Subsection 38.2 (incorporated by reference, see
Sec.  148.8), it is found to be free from the risk of self-sustaining
decomposition.
    (2) [Reserved]
    (c) No fertilizer covered by this section may be transported in
bulk if, when tested in accordance with the trough test prescribed in
Appendix 2, Section 4, of the IMSBC Code or in the UN Manual of Tests
and Criteria, Part III, Subsection 38.2 (incorporated by reference, see
Sec.  148.8), it has a self-sustaining decomposition rate that is
greater than 0.25 meters per hour, or is liable to self-heat sufficient
to initiate decomposition.
    (d) Fertilizers covered by this section must be stowed away from
all sources of heat, and out of direct contact with a metal engine
compartment boundary.
    (e) Bunkering or transferring of fuel may not be performed during
loading and unloading of fertilizer covered by this section.
    (f) Fertilizer covered by this section must be segregated as
prescribed in Sec. Sec.  148.140 and 148.220(d) of this part.

Sec.  148.225  Calcined pyrites (pyritic ash, fly ash).

    (a) This part does not apply to the shipment of calcined pyrites
that are the residual ash of oil or coal fired power stations.
    (b) This section applies to the stowage and transportation of
calcined pyrites that are the residual product of sulfuric acid
production or elemental metal recovery operations.
    (c) Before loading calcined pyrites covered by this section--
    (1) The cargo space must be as clean and dry as practical;
    (2) The calcined pyrites must be dry; and
    (3) Precautions must be taken to prevent the penetration of
calcined pyrites into other cargo spaces, bilges, wells, and ceiling
boards.
    (d) After calcined pyrites covered by this section have been
unloaded from a cargo space, the cargo space must be thoroughly
cleaned. Cargo residues and sweepings must be disposed of as prescribed
in 33 CFR parts 151.55 through 151.77.

Sec.  148.227  Calcium nitrate fertilizers.

    This part does not apply to commercial grades of calcium nitrate
fertilizers consisting mainly of a double salt (calcium nitrate and
ammonium nitrate) and containing a maximum of 15.5 percent nitrogen and
at least 12 percent of water.

Sec.  148.230  Calcium oxide (lime, unslaked).

    (a) When transported by barge, unslaked lime (calcium oxide) must
be carried in an unmanned, all steel, double-hulled barge equipped with
weathertight hatches or covers. The barge must not carry any other
cargo while unslaked lime is on board.
    (b) The shipping paper requirements in Sec.  148.60 of this part
and the dangerous cargo manifest requirements in Sec.  148.70 of this
part do not apply to the transportation of unslaked lime under
paragraph (a) of this section.

Sec.  148.235  Castor beans.

    (a) This part applies only to the stowage and transportation of
whole castor beans. Castor meal, castor pomace, and castor flakes may
not be shipped in bulk.
    (b) Persons handling castor beans must wear dust masks and goggles.
    (c) Care must be taken to prevent castor bean dust from entering
accommodation, control, or service spaces during cargo transfer
operations.

Sec.  148.240  Coal.

    (a) The electrical equipment in cargo holds carrying coal must meet
the requirements of Subpart 111.105 of this chapter or an equivalent
standard approved by the administration of the vessel's flag state.
    (b) Before coal is loaded in a cargo hold, the bilges must be as
clean and dry as practical. The hold must also be free of any readily
combustible material, including the residue of previous cargoes if
other than coal.
    (c) The master of each vessel carrying coal must ensure that--
    (1) All openings to the cargo hold, except for unloading gates on
self-unloading vessels, are sealed before loading the coal and, unless
the coal is as described in paragraph (f) of this section, the hatches
must also be sealed after loading;
    (2) As far as practical, gases emitted by the coal do not
accumulate in enclosed working spaces such as storerooms, shops, or
passageways, and tunnel spaces on self-unloading vessels, and that such
spaces are adequately ventilated;
    (3) The vessel has adequate ventilation as required by paragraph
(f) of this section; and
    (4) If the temperature of the coal is to be monitored under
paragraph (e)(2)(i) of this section, the vessel has instruments that
are capable of measuring the temperature of the cargo in the range
0[deg]-100 [deg]C (32 [deg]-212 [deg]F) without entry into the cargo
hold.
    (d) A cargo hold containing coal must not be ventilated unless the
conditions of paragraph (f) of this section are met, or unless methane
is detected under paragraph (h) of this section.
    (e) If coal waiting to be loaded has shown a tendency to self-heat,
has been handled so that it may likely self-heat, or has been observed
to be heating, the master is responsible for monitoring the temperature
of the coal at several intervals during these times:

    (1) Before loading; and
    (2) During the voyage, by--
    (i) Measuring the temperature of the coal;
    (ii) Measuring the emission of carbon monoxide; or
    (iii) Both.
    (f) If coal waiting to be loaded has a potential to emit dangerous
amounts of methane, for example it is freshly mined, or has a history
of emitting dangerous amounts of methane, then:
    (1) Surface ventilation, either natural or from fixed or portable
nonsparking fans, must be provided; and
    (2) The atmosphere above the coal must be monitored for the
presence of methane as prescribed in paragraph (h) of this section. The
results of this monitoring must be recorded at least twice in every 24-
hour period, unless the conditions of paragraph (m) of this section are
met.
    (g) Electrical equipment and cables in a hold containing a coal
described in paragraph (f) of this section must be either suitable for
use in an explosive gas atmosphere or de-energized at a point outside
the hold. Electrical equipment and cables necessary for continuous safe
operations, such as lighting fixtures, must be suitable for use in an
explosive gas atmosphere. The master of the vessel must ensure that the
affected equipment and cables remain de-energized as long as this coal
remains in the hold.
    (h) For all coal loaded on a vessel, other than an unmanned barge,
the atmosphere above the coal must be routinely tested for the presence
of methane, carbon monoxide, and oxygen, following the procedures in
the Appendices to the schedules for Coal and Brown Coal Briquettes as
contained in the IMSBC Code (incorporated by reference, see Sec.
148.8). This testing must be performed in such a way that the cargo
hatches are not opened and entry into the hold is not necessary.
    (i) When carrying a coal described in paragraph (e) of this
section, the atmosphere above the coal must be monitored for the
presence of carbon monoxide as prescribed in paragraph (h) of this
section. The results of this monitoring must be recorded at least twice
in every 24-hour period, unless the conditions of paragraph (m) of this
section are met. If the level of carbon monoxide is increasing rapidly
or reaches 20 percent of the lower flammability limit (LFL), the
frequency of monitoring must be increased.
    (j) When a cargo of coal has a potential to self-heat or has been
observed to be heating, the hatches should be closed and sealed and all
surface ventilation halted except as necessary to remove any methane
that may have accumulated.
    (k) If the level of carbon monoxide monitored under paragraph (i)
of this section continues to increase rapidly or the temperature of
coal carried on board a vessel exceeds 55 [deg]C (131 [deg]F) and is
increasing rapidly, the master must notify the nearest Coast Guard
Captain of the Port of--
    (1) The name, nationality, and position of the vessel;
    (2) The most recent temperature, if measured, and levels of carbon
monoxide and methane;
    (3) The port where the coal was loaded and the destination of the
coal;
    (4) The last port of call of the vessel and its next port of call;
and
    (5) What action has been taken.
    (l) If the level of methane as monitored under paragraph (h) of
this section reaches 20 percent of the LFL or is increasing rapidly,
ventilation of the cargo hold, under paragraph (f) of this section,
must be initiated. If this ventilation is provided by opening the cargo
hatches, care must be taken to avoid generating sparks.
    (m) The frequency of monitoring required by paragraph (f) of this
section may be reduced at the discretion of the master provided that--
    (1) The level of gas measured is less than 20 percent of the LFL;
    (2) The level of gas measured has remained steady or decreased over
three consecutive readings, or has increased by less than 5 percent
over four consecutive readings spanning at least 48 hours; and
    (3) Monitoring continues at intervals sufficient to determine that
the level of gas remains within the parameters of paragraphs (m)(1) and
(m)(2) of this section.

Sec.  148.242  Copra.

    Copra must have surface ventilation. It must not be stowed against
heated surfaces including fuel oil tanks which may require heating.

Sec.  148.245  Direct reduced iron (DRI); lumps, pellets, and cold-
molded briquettes.

    (a) Before loading DRI lumps, pellets, or cold-molded briquettes--
    (1) The master must have a written certification from a competent
person appointed by the shipper and recognized by the Commandant (CG-
5223) stating that the DRI, at the time of loading, is suitable for
shipment;
    (2) The DRI must be aged for at least 3 days, or be treated with an
air passivation technique or some other equivalent method that reduces
its reactivity to at least the same level as the aged DRI; and
    (3) Each hold and bilge must be as clean and dry as practical.
Other than double bottom tanks, adjacent ballast tanks must be kept
empty when possible. All wooden fixtures, such as battens, must be
removed from the hold.
    (b) Each boundary of a hold where DRI lumps, pellets, or cold-
molded briquettes are to be carried must be resistant to fire and
passage of water.
    (c) DRI lumps, pellets, or cold-molded briquettes that are wet, or
that are known to have been wetted, may not be accepted for transport.
The moisture content of the DRI must not exceed 0.3 percent prior to
loading.
    (d) DRI lumps, pellets and cold-molded briquettes must be protected
at all times from contact with water, and must not be loaded or
transferred from one vessel to another during periods of rain or snow.
    (e) DRI lumps, pellets, or cold-molded briquettes may not be loaded
if their temperature is greater than 65 [deg]C (150 [deg]F).
    (f) The shipper of DRI lumps, pellets, or cold-molded briquettes in
bulk must ensure that an inert atmosphere of less than 5 percent oxygen
and 1 percent hydrogen, by volume, is maintained throughout the voyage
in any hold containing these materials.
    (g) When DRI lumps, pellets, or cold-molded briquettes are loaded,
precautions must be taken to avoid the concentration of fines (pieces
less than 6.35mm in size) in any one location in the cargo hold.
    (h) Radar and RDF scanners must be protected against the dust
generated during cargo transfer operations of DRI lumps, pellets, or
cold-molded briquettes.

Sec.  148.250  Direct reduced iron (DRI); hot-molded briquettes.

    (a) Before loading DRI hot-molded briquettes--
    (1) The master must have a written certification from a competent
person appointed by the shipper and recognized by the Commandant (CG-
5223) that at the time of loading the DRI hot-molded briquettes are
suitable for shipment; and
    (2) Each hold and bilge must be as clean and dry as practical.
Except double bottom tanks, adjacent ballast tanks must be kept empty
where possible. All wooden fixtures, such as battens, must be removed.
    (b) All boundaries of a hold must be resistant to fire and passage
of water to carry DRI hot-molded briquettes.
    (c) DRI hot-molded briquettes must be protected at all times from
contact with water. They must not be loaded or transferred from one
vessel to another during periods of rain or snow.

    (d) DRI hot-molded briquettes may not be loaded if their
temperature is greater than 65 [deg]C (150 [deg]F).
    (e) When loading DRI hot-molded briquettes, precautions must be
taken to avoid the concentration of fines (pieces less than 6.35mm in
size) in any one location in the cargo hold.
    (f) Adequate surface ventilation must be provided when carrying or
loading DRI hot-molded briquettes.
    (g) When DRI hot-molded briquettes are carried by unmanned barge--
    (1) The barge must be fitted with vents adequate to provide natural
ventilation; and
    (2) The cargo hatches must be closed at all times after loading the
DRI hot-molded briquettes.
    (h) Radar and RDF scanners must be adequately protected against
dust generated during cargo transfer operations of DRI hot-molded
briquettes.
    (i) During final discharge only, a fine spray of water may be used
to control dust from DRI hot-molded briquettes.

Sec.  148.255  Ferrosilicon, aluminum ferrosilicon, and aluminum
silicon containing more than 30% but less than 90% silicon.

    (a) This section applies to the stowage and transportation of
ferrosilicon, aluminum ferrosilicon, and aluminum silicon containing
more than 30 percent but less than 90 percent silicon.
    (b) The shipper of material described in paragraph (a) of this
section must give the master a written certification stating that after
manufacture the material was stored under cover, but exposed to the
weather, in the particle size in which it is to be shipped, for at
least three days before shipment.
    (c) Material described in paragraph (a) of this section must be
protected at all times from contact with water, and must not be loaded
or unloaded during periods of rain or snow.
    (d) Except as provided in paragraph (e) of this section, each hold
containing material described in paragraph (a) of this section must be
mechanically ventilated by at least two separate fans. The total
ventilation must be at least five air changes per hour, based on the
empty hold. Ventilation must not allow escaping gas to reach
accommodation or work spaces, on or under deck.
    (e) An unmanned barge which is provided with natural ventilation
need not comply with paragraph (d) of this section.
    (f) Each space adjacent to a hold containing material described in
paragraph (a) of this section must be well ventilated with mechanical
fans. No person may enter that space unless it has been tested to
ensure that it is free from phosphine and arsine gases.
    (g) Scuttles and windows in accommodation and work spaces adjacent
to holds containing material described in paragraph (a) of this section
must be kept closed while this material is being loaded and unloaded.
    (h) Any bulkhead between a hold containing material described in
paragraph (a) of this section and an accommodation or work space must
be gas tight and adequately protected against damage from any unloading
equipment.
    (i) When a hold containing material described in paragraph (a) of
this section is equipped with atmosphere sampling type smoke detectors
with lines that terminate in accommodation or work spaces, those lines
must be blanked off gas-tight.
    (j) If a hold containing material described in paragraph (a) of
this section must be entered at any time, the hatches must be open for
two hours before entry to dissipate any accumulated gases. The
atmosphere in the hold must be tested to ensure that there is no
phosphine or arsine gas present.
    (k) After unloading material described in paragraph (a) of this
section, each cargo hold must be thoroughly cleaned and tested to
ensure that no phosphine or arsine gas remains.

Sec.  148.260  Ferrous metal.

    (a) This part does not apply to the stowage and transportation in
bulk of stainless steel borings, shavings, turnings, or cuttings; nor
does this part apply to an unmanned barge on a voyage entirely on the
navigable waters of United States.
    (b) Ferrous metal may not be stowed or transported in bulk unless
the following conditions are met:
    (1) All wooden sweat battens, dunnage, and debris must be removed
from the hold before the ferrous metal is loaded;
    (2) If weather is inclement during loading, hatches must be covered
or otherwise protected to keep the material dry;
    (3) During loading and transporting, the bilge of each hold in
which ferrous metal is stowed or will be stowed must be kept as dry as
practical;
    (4) During loading, the ferrous metal must be compacted in the hold
as frequently as practicable with a bulldozer or other means that
provides equivalent surface compaction;
    (5) No other material may be loaded in a hold containing ferrous
metal unless--
    (i) The material to be loaded in the same hold with the ferrous
metal is not a material listed in Table 148.10 of this part or a
readily combustible material;
    (ii) The loading of the ferrous metal is completed first; and
    (iii) The temperature of the ferrous metal in the hold is below 55
[deg]C (131 [deg]F) or has not increased in eight hours before the
loading of the other material; and
    (6) During loading, the temperature of the ferrous metal in the
pile being loaded must be below 55 [deg]C (131 [deg]F).
    (c) The master of a vessel that is loading or transporting a
ferrous metal must ensure that the temperature of the ferrous metal is
taken--
    (1) Before loading;
    (2) During loading, in each hold and pile being loaded, at least
once every twenty-four hours and, if the temperature is rising, as
often as is necessary to ensure that the requirements of this section
are met; and
    (3) After loading, in each hold, at least once every 24 hours.
    (d) During loading, if the temperature of the ferrous metal in a
hold is 93 [deg]C (200 [deg]F) or higher, the master must notify the
Coast Guard Captain of the Port and suspend loading until the Captain
of the Port is satisfied that the temperature of the ferrous metal is
88 [deg]C (190 [deg]F) or less.
    (e) After loading ferrous metal--
    (1) If the temperature of the ferrous metal in each hold is 65
[deg]C (150 [deg]F) or above, the master must notify the Coast Guard
Captain of the Port, and the vessel must remain in the port area until
the Captain of the Port is satisfied that the temperature of ferrous
metal has shown a downward trend below 65 [deg]C (150 [deg]F) for at
least eight hours after completion of loading of the hold; or
    (2) If the temperature of the ferrous metal in each hold is less
than 88 [deg]C (190 [deg]F) and has shown a downward trend for at least
eight hours after the completion of loading, the master must notify the
Coast Guard Captain of the Port, and the vessel must remain in the port
area until the Captain of the Port confirms that the vessel is sailing
directly to another port, no further than 12 hours sailing time, for
the purpose of loading more ferrous metal in bulk or to completely off-
load the ferrous metal.
    (f) Except for shipments of ferrous metal in bulk which leave the
port of loading under the conditions specified in paragraph (e)(2) of
this section, if after the vessel leaves the port, the temperature of
the ferrous metal in the hold rises above 65 [deg]C (150 [deg]F), the
master must notify the nearest Coast Guard Captain of the Port as soon
as possible of--

    (1) The name, nationality, and position of the vessel;
    (2) The most recent temperature taken;
    (3) The length of time that the temperature has been above 65
[deg]C (150 [deg]F) and the rate of rise, if any;
    (4) The port where the ferrous metal was loaded and the destination
of the ferrous metal;
    (5) The last port of call of the vessel and its next port of call;
    (6) What action has been taken; and
    (7) Whether any other cargo is endangered.

Sec.  148.265  Fish meal or fish scrap.

    (a) This part does not apply to fish meal or fish scrap that
contains less than 5 percent moisture by weight.
    (b) Fish meal or fish scrap may contain a maximum of 12 percent
moisture by weight and a maximum of 15 percent fat by weight.
    (c) At the time of production, fish meal or fish scrap must be
treated with an effective antioxidant (at least 400 mg/kg (ppm)
ethoxyquin, at least 1000 mg/kg (ppm) butylated hydroxytoluene, or at
least 1000 mg/kg (ppm) of tocopherol-based liquid antioxidant).
    (d) Shipment of the fish meal or fish scrap must take place a
maximum of 12 months after the treatment prescribed in paragraph (c) of
this section.
    (e) Fish meal or fish scrap must contain at least 100 mg/kg (ppm)
of ethoxyquin or butylated hydroxytoluene or at least 250 mg/kg (ppm)
of tocopherol-based antioxidant at the time of shipment.
    (f) At the time of loading, the temperature of the fish meal or
fish scrap to be loaded may not exceed 35 [deg]C (95 [deg]F), or 5
[deg]C (9 [deg]F) above the ambient temperature, whichever is higher.
    (g) For each shipment of fish meal or fish scrap, the shipper must
give the master a written certification stating--
    (1) The total weight of the shipment;
    (2) The moisture content of the material;
    (3) The fat content of the material;
    (4) The type of antioxidant and its concentration in the fish meal
or fish scrap at the time of shipment;
    (5) The date of production of the material; and
    (6) The temperature of the material at the time of shipment.
    (h) During a voyage, temperature readings must be taken of fish
meal or fish scrap three times a day and recorded. If the temperature
of the material exceeds 55 [deg]C (131 [deg]F) and continues to
increase, ventilation to the hold must be restricted. This paragraph
does not apply to shipments by unmanned barge.

Sec.  148.270  Hazardous substances.

    (a) Each bulk shipment of a hazardous substance must--
    (1) Be assigned a shipping name in accordance with 49 CFR
172.203(c); and
    (2) If the hazardous substance is also listed as a hazardous solid
waste in 40 CFR part 261, follow the applicable requirements of 40 CFR
chapter I, subchapter I.
    (b) Each release of a quantity of a designated substance equal to
or greater than the reportable quantity, as set out in Table 1 to
Appendix A of 49 CFR 171.101, when discharged into or upon the
navigable waters of the United States, adjoining shorelines, into or
upon the contiguous zone, or beyond the contiguous zone, must be
reported as required in subpart B of 33 CFR part 153.
    (c) A hazardous substance must be stowed in a hold or barge that is
closed or covered and prevents dispersal of the material during
transportation.
    (d) During cargo transfer operations, a spill or release of a
hazardous substance must be minimized to the greatest extent possible.
Each release must be reported as required in paragraph (b) of this
section.
    (e) After a hazardous substance is unloaded, the hold in which it
was carried must be cleaned thoroughly. The residue of the substance
must be disposed of pursuant to 33 CFR 151.55 through 151.77 and the
applicable regulations of 40 CFR subchapter I.

Sec.  148.275  Iron oxide, spent; iron sponge, spent.

    (a) Before spent iron oxide or spent iron sponge is loaded in a
closed hold, the shipper must give the master a written certification
that the material has been cooled and weathered for at least eight
weeks.
    (b) Both spent iron oxide and spent iron sponge may be transported
on open hold all-steel barges after exposure to air for a period of at
least ten days.

Sec.  148.280  Magnesia, unslaked (lightburned magnesia, calcined
magnesite, caustic calcined magnesite).

    (a) This part does not apply to the transport of natural magnesite,
magnesium carbonate, or magnesia clinkers.
    (b) When transported by barge, unslaked magnesia must be carried in
an unmanned, all-steel, double-hulled barge equipped with weathertight
hatches or covers. The barge may not carry any other cargo while
unslaked magnesia is on board.
    (c) The shipping paper requirements in Sec.  148.60 of this part
and the dangerous cargo manifest requirements in Sec.  148.70 of this
part do not apply to unslaked magnesia transported under the
requirements of paragraph (b) of this section.

Sec.  148.285  Metal sulfide concentrates.

    (a) When information given by the shipper under Sec.  148.60 of
this part indicates that the metal sulfide concentrate may generate
toxic or flammable gases, the appropriate gas detection equipment from
Sec. Sec.  148.415 and 148.420 of this part must be on board the
vessel.
    (b) No cargo hold containing a metal sulfide concentrate may be
ventilated.
    (c) No person may enter a hold containing a metal sulfide
concentrate unless--
    (1) The atmosphere in the cargo hold has been tested and contains
sufficient oxygen to support life and, where the shipper indicates that
toxic gas(es) may be generated, the atmosphere in the cargo hold has
been tested for the toxic gas(es) and the concentration of the gas(es)
is found to be less than the TLV; or
    (2) An emergency situation exists and the person entering the cargo
hold is wearing the appropriate self-contained breathing apparatus.

Sec.  148.290  Peat moss.

    (a) Before shipment, peat moss must be stockpiled under cover to
allow drainage and reduce its moisture content.
    (b) The cargo must be ventilated so that escaping gases cannot
reach living quarters on or above deck.
    (c) Persons handling or coming into contact with peat moss must
wear gloves, a dust mask, and goggles.

Sec.  148.295  Petroleum coke, calcined or uncalcined, at 55 [deg]C
(131 [deg]F) or above.

    (a) This part does not apply to shipments of petroleum coke,
calcined or uncalcined, on any vessel when the temperature of the
material is less than 55 [deg]C (131 [deg]F).
    (b) Petroleum coke, calcined or uncalcined, or a mixture of
calcined and uncalcined petroleum coke may not be loaded when its
temperature exceeds 107 [deg]C (225 [deg]F).
    (c) No other hazardous materials may be stowed in any hold adjacent
to a hold containing petroleum coke except as provided in paragraph (d)
of this section.
    (d) Before petroleum coke at 55 [deg]C (131 [deg]F) or above may be
loaded into a hold over a tank containing fuel or material having a
flashpoint of less than 93 [deg]C (200 [deg]F), a 0.6 to 1.0 meter (2
to 3 foot) layer of the petroleum coke at a temperature not greater
than 43 [deg]C (110 [deg]F) must first be loaded.

    (e) Petroleum coke must be loaded as follows:
    (1) For a shipment in a hold over a fuel tank, the loading of a
cooler layer of petroleum coke in the hold as required by paragraph (d)
of this section must be completed before loading the petroleum coke at
55 [deg]C (131 [deg]F) or above in any hold of the vessel;
    (2) Upon completion of the loading described in paragraph (e)(1) of
this section, a 0.6 to 1.0 meter (2 to 3 foot) layer of the petroleum
coke at 55 [deg]C (131 [deg]F) or above must first be loaded into each
hold, including those holds already containing a cooler layer of the
petroleum coke; and
    (3) Upon completion of the loading described in paragraph (e)(2) of
this section, normal loading of the petroleum coke may be completed.
    (f) The master of the vessel must warn members of a crew that
petroleum coke is hot, and that injury due to burns is possible.
    (g) During the voyage, the temperature of the petroleum coke must
be monitored often enough to detect spontaneous heating.

Sec.  148.300  Radioactive materials.

    (a) Radioactive materials that may be stowed or transported in bulk
are limited to those radioactive materials defined in 49 CFR 173.403 as
Low Specific Activity Material, LSA-1, or Surface Contaminated Object,
SCO-1.
    (b) Skin contact, inhalation or ingestion of dusts generated by
Class 7 material listed in Table 148.10 of this part must be minimized.
    (c) Each hold used for the transportation of Class 7 material
(radioactive) listed in Table 148.10 of this part must be surveyed
after the completion of off-loading by a qualified person using
appropriate radiation detection instruments. Such holds must not be
used for the transportation of any other material until the non-fixed
contamination on any surface, when averaged over an area of 300
cm2, does not exceed the following levels:
    (1) 4.0 Bq/cm2 (10-4 uCi/cm2;) for
beta and gamma emitters and low toxicity alpha emitters, natural
uranium, natural thorium, uranium-235, uranium-238, thorium-232,
thorium-228 and thorium-230 when contained in ores or physical or
chemical concentrates, and radionuclides with a half-life of less than
10 days; and
    (2) 0.4 Bq/cm2 (10-5 uCi/cm2) for
all other alpha emitters.

Sec.  148.310  Seed cake.

    (a) This part does not apply to solvent-extracted rape seed meal,
pellets, soya bean meal, cotton seed meal, or sunflower seed meal
that--
    (1) Contains a maximum of 4 percent vegetable oil and a maximum of
15 percent vegetable oil and moisture combined; and
    (2) As far as practical, is free from flammable solvent.
    (b) This part does not apply to mechanically expelled citrus pulp
pellets containing not more than 2.5 percent oil and a maximum of 14
percent oil and moisture combined.
    (c) Before loading, the seed cake must be aged per the instructions
of the shipper.
    (d) Before loading, the shipper must give the master or person in
charge of a barge a certificate from a competent testing laboratory
stating the oil and moisture content of the seed cake.
    (e) The seed cake must be kept as dry as practical at all times.
    (f) If the seed cake is solvent-extracted, it must be--
    (1) As free as practical from flammable solvent; and
    (2) Stowed in a mechanically ventilated hold.
    (g) For a voyage with a planned duration greater than 5 days, the
vessel must be equipped with facilities for introducing carbon dioxide
or another inert gas into the hold.
    (h) Temperature readings of the seed cake must be taken at least
once in every 24-hour period. If the temperature exceeds 55 [deg]C (131
[deg]F) and continues to increase, ventilation to the cargo hold must
be discontinued. If heating continues after ventilation has been
discontinued, carbon dioxide or the inert gas required under paragraph
(g) of this section must be introduced into the hold. If the seed cake
is solvent-extracted, the use of inert gas must not be introduced until
fire is apparent, to avoid the possibility of igniting the solvent
vapors by the generation of static electricity.
    (i) Seed cake must be carried under the terms of a Special Permit
issued by the Commandant (CG-5223) per subpart B of this part if--
    (1) The oil was mechanically expelled; and
    (2) It contains more than 10 percent vegetable oil or more than 20
percent vegetable oil and moisture combined.

Sec.  148.315  Sulfur.

    (a) This part applies to lump or coarse grain powder sulfur only.
Fine-grained powder (``flowers of sulfur'') may not be transported in
bulk.
    (b) After the loading or unloading of lump or coarse grain powder
sulfur has been completed, sulfur dust must be removed from the
vessel's decks, bulkheads, and overheads. Cargo residues and deck
sweepings must be disposed of pursuant to 33 CFR 151.55 through 151.77.
    (c) A cargo space that contains sulfur or the residue of a sulfur
cargo must be adequately ventilated, preferably by mechanical means.
Each ventilator intake must be fitted with a spark-arresting screen.

Sec.  148.320  Tankage; garbage tankage; rough ammonia tankage; or
tankage fertilizer.

    (a) This part applies to rough ammonia tankage in bulk that
contains 7 percent or more moisture by weight, and garbage tankage and
tankage fertilizer that contains 8 percent or more moisture by weight.
    (b) Tankage to which this part applies may not be loaded in bulk if
its temperature exceeds 38 [deg]C (100 [deg]F).
    (c) During the voyage, the temperature of the tankage must be
monitored often enough to detect spontaneous heating.

Sec.  148.325  Wood chips; wood pellets; wood pulp pellets.

    (a) This part applies to wood chips and wood pulp pellets in bulk
that may oxidize, leading to depletion of oxygen and an increase in
carbon dioxide in the cargo hold.
    (b) No person may enter a cargo hold containing wood chips, wood
pellets, or wood pulp pellets, unless--
    (1) The atmosphere in the cargo hold has been tested and contains
enough oxygen to support life; or
    (2) The person entering the cargo hold is wearing the appropriate
self-contained breathing apparatus.

Sec.  148.330  Zinc ashes; zinc dross; zinc residues; zinc skimmings.

    (a) The shipper must inform the cognizant Coast Guard Captain of
the Port in advance of any cargo transfer operations involving zinc
ashes, zinc dross, zinc residues, or zinc skimmings (collectively,
``zinc material'') in bulk.
    (b) Zinc material must be aged by exposure to the elements for at
least one year before shipment in bulk.
    (c) Before loading in bulk, zinc material must be stored under
cover for a period of time to ensure that it is as dry as practical. No
zinc material that is wet may be accepted for shipment.
    (d) Zinc material may not be loaded in bulk if its temperature is
greater than 11.1 [deg]C (52 [deg]F) in excess of the ambient
temperature.
    (e) Paragraphs (e)(1) through (e)(5) of this section apply only
when zinc materials are carried by a cargo vessel:
    (1) Zinc material in bulk must be stowed in a mechanically
ventilated hold that--

    (i) Is designed for at least one complete air change every 30
minutes based on the empty hold;
    (ii) Has explosion-proof motors approved for use in Class I,
Division 1, Group B atmospheres or equivalent motors approved by the
vessel's flag state administration for use in hydrogen atmospheres; and
    (iii) Has nonsparking fans.
    (2) Combustible gas detectors capable of measuring hydrogen
concentrations of 0 to 4.1 percent by volume must be permanently
installed in holds that will carry zinc material. If the concentration
of hydrogen in the space above the cargo exceeds 1 percent by volume,
the ventilation system must be run until the concentration drops below
1 percent by volume.
    (3) Thermocouples must be installed approximately 6 inches below
the surface of the zinc material or in the space immediately above the
zinc material. If an increase in temperature is detected, the
mechanical ventilation system required by paragraph (d) of this section
must be used until the temperature of the zinc material is below 55
[deg]C (131 [deg]F).
    (4) Except as provided in paragraph (e)(5) of this section, the
cargo hatches of holds containing zinc material must remain sealed to
prevent the entry of seawater.
    (5) If the concentration of hydrogen is near 4.1 percent by volume
and increasing, despite ventilation, or the temperature of the zinc
material reaches 65 [deg]C (150 [deg]F), the cargo hatches should be
opened provided that weather and sea conditions are favorable. When
hatches are opened take care to prevent sparks and minimize the entry
of water.

Subpart F--Additional Special Requirements

Sec.  148.400  Applicability.

    Unless stated otherwise, the requirements of this subpart apply
only to the shipment or loading of materials, listed in Table 148.10 of
this part, for which Table 148.10 contains a reference to a section or
paragraph of this subpart.

Sec.  148.405  Sources of ignition.

    (a) Except in an emergency, no welding, burning, cutting, chipping,
or other operations involving the use of fire, open flame, sparks, or
arc-producing equipment, may be performed in a cargo hold containing a
Table 148.10 material or in an adjacent space.
    (b) A cargo hold or adjacent space must not have any flammable gas
concentrations over 10 percent of the LFL before the master may approve
operations involving the use of fire, open flame, or spark- or arc-
producing equipment in that hold or adjacent space.

Sec.  148.407  Smoking.

    When Table 148.10 of this part associates a material with a
reference to this section, and that material is being loaded or
unloaded, smoking is prohibited anywhere on the weatherdeck of the
vessel. While such a material is on board the vessel, smoking is
prohibited in spaces adjacent to the cargo hold and on the vessel's
deck in the vicinity of cargo hatches, ventilator outlets, and other
accesses to the hold containing the material. ``NO SMOKING'' signs must
be displayed in conspicuous locations in the areas where smoking is
prohibited.

Sec.  148.410  Fire hoses.

    When Table 148.10 of this part associates a material with a
reference to this section, a fire hose must be available at each hatch
through which the material is being loaded.

Sec.  148.415  Toxic gas analyzers.

    When Table 148.10 of this part associates a material with a
reference to a paragraph in this section, each vessel transporting the
material, other than an unmanned barge, must have on board a gas
analyzer appropriate for the toxic gas listed in that paragraph. At
least two members of the crew must be knowledgeable in the use of the
equipment. The equipment must be maintained in a condition ready for
use and calibrated according to the instructions of its manufacturer.
The atmosphere in the cargo hold and adjacent spaces must be tested
before a person is allowed to enter these spaces. If toxic gases are
detected, the space must be ventilated and retested before entry. The
toxic gases for which the requirements of this section must be met are:
    (a) Arsine;
    (b) Carbon monoxide;
    (c) Hydrogen cyanide;
    (d) Hydrogen sulfide;
    (e) Phosphine; and
    (f) Sulfur dioxide.

Sec.  148.420  Flammable gas analyzers.

    When Table 148.10 of this part associates a material with a
reference to a paragraph in this section, each vessel transporting the
material, other than an unmanned barge, must have on board a gas
analyzer appropriate for the flammable gas listed in that paragraph. At
least two members of the crew must be knowledgeable in the use of the
equipment. The equipment must be maintained in a condition ready for
use, capable of measuring 0 to 100 percent LFL for the gas indicated,
and calibrated in accordance with the instructions of its manufacturer.
The atmosphere in the cargo hold must be tested before any person is
allowed to enter. If flammable gases are detected, the space must be
ventilated and retested before entry. The flammable gases for which the
requirements of this section must be met are:
    (a) Carbon monoxide;
    (b) Hydrogen; and
    (c) Methane.

Sec.  148.435  Electrical circuits in cargo holds.

    During transport of a material that Table 148.10 of this part
associates with a reference to this section, each electrical circuit
terminating in a cargo hold containing the material must be
electrically disconnected from the power source at a point outside of
the cargo hold. The point of disconnection must be marked to prevent
the circuit from being reenergized while the material is on board.

Sec.  148.445  Adjacent spaces.

    When transporting a material that Table 148.10 of this part
associates with a reference to this section, the following requirements
must be met:
    (a) Each space adjacent to a cargo hold must be ventilated by
natural ventilation or by ventilation equipment safe for use in an
explosive gas atmosphere.
    (b) Each space adjacent to a cargo hold containing the material
must be regularly monitored for the presence of the flammable gas
indicated by reference to Sec.  148.420 of this part. If the level of
flammable gas in any space reaches 30 percent of the LFL, all
electrical equipment that is not certified safe for use in an explosive
gas atmosphere must be de-energized at a location outside of that
space. This location must be labeled to prohibit reenergizing until the
atmosphere in the space is tested and found to be less than 30 percent
of the LFL.
    (c) Each person who enters any space adjacent to a cargo hold or
compartment containing the material must wear a self-contained
breathing apparatus unless--
    (1) The space has been tested, or is routinely monitored, for the
appropriate flammable gas and oxygen;
    (2) The level of flammable gas is less than 10 percent of the LFL;
and
    (3) The level of toxic gas, if required to be tested, is less than
the TLV.
    (d) No person may enter an adjacent space if the level of flammable
gas is greater than 30 percent of the LFL. If

emergency entry is necessary, each person who enters the space must
wear a self-contained breathing apparatus and caution must be exercised
to ensure that no sparks are produced.

Sec.  148.450  Cargoes subject to liquefaction.

    (a) This section applies only to cargoes identified in Table 148.10
of this part with a reference to this section and cargoes identified in
the IMSBC Code (incorporated by reference, see Sec.  148.8) as cargoes
that may liquefy.
    (b) This section does not apply to--
    (1) Shipments by unmanned barge; or
    (2) Cargoes of coal that have an average particle size of 10mm
(.394 in.) or greater.
    (c) Definitions as used in this section--
    (1) Cargo subject to liquefaction means a material that is subject
to moisture migration and subsequent liquefaction if shipped with
moisture content in excess of the transportable moisture limit.
    (2) Moisture migration is the movement of moisture by settling and
consolidation of a material, which may result in the development of a
flow state in the material.
    (3) Transportable moisture limit or TML of a cargo that may liquefy
is the maximum moisture content that is considered safe for carriage on
vessels.
    (d) Except on a vessel that is specially constructed or specially
fitted for the purpose of carrying such cargoes (see also section 7 of
the IMSBC Code, incorporated by reference, see Sec.  148.8), a cargo
subject to liquefaction may not be transported by vessel if its
moisture content exceeds its TML.
    (e) The shipper of a cargo subject to liquefaction must give the
master the material's moisture content and TML.
    (f) The master of a vessel shipping a cargo subject to liquefaction
must ensure that--
    (1) A cargo containing a liquid is not stowed in the same cargo
space with a cargo subject to liquefaction; and
    (2) Precautions are taken to prevent the entry of liquids into a
cargo space containing a cargo subject to liquefaction.
    (g) The moisture content and TML of a material may be determined by
the tests described in Appendix 2, Section 1, of the IMSBC Code
(incorporated by reference, see Sec.  148.8).

    Dated: October 4, 2010.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2010-25383 Filed 10-18-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: June 23, 2010 (Volume 75, Number 120)]
[Notices]
[Page 35795-35796]
[DOCID:fr23jn10-74]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2009-0982; FRL-9167-2]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Information Requirements for
Importation of Nonconforming Vehicles (Renewal); EPA ICR No. 0010.12,
OMB Control No. 2060-0095

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 July 23, 2010.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2009-0982, to (1) EPA online using http://www.regulations.gov (our
preferred method), or by mail to: EPA Docket Center, Environmental
Protection Agency, Air and Radiation Docket, Mailcode 6102T, 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: David Good, Compliance and Innovative
Strategies Division, Office of Transportation and Air Quality,
Environmental Protection Agency, 2000 Traverwood, Ann Arbor, Michigan
48105; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail
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 January 22, 2010 (75 FR 3724), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments during the
comment period. Any additional 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-OAR-2009-0982, which is

available for online viewing at http://www.regulations.gov, or in
person viewing at the Air 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 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 Air Docket is
202-566-1742.
    Use EPA's electronic docket and comment system at http://
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 http://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 http://
www.regulations.gov.
    Title: Information Requirements for Importation of Nonconforming
Vehicles (Renewal).
    ICR Numbers: EPA ICR Number 0010.12, OMB Control No. 2060-0095.
    ICR Status: This ICR is scheduled to expire on July 31, 2010. 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 CFR, 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: Importers into the U.S. of light-duty vehicles, light-
duty trucks, and on-road motorcycles, or the corresponding engines, are
required to report and keep records regarding the imports. The
collection of this information is mandatory to insure compliance with
Federal emissions requirements. Joint EPA and U.S. Customs Service
regulations at 40 CFR 85.1501 et seq., 19 CFR 12.73, and 19 CFR 12.74,
promulgated under the authority of Clean Air Act sections 203 and 208,
give authority for the collection of this information. The information
is used by program personnel to ensure that Federal emissions
requirements are met, and by state regulatory agencies, businesses, and
individuals to verify whether vehicles are in compliance. Any
information submitted to the Agency for which a claim of
confidentiality is made is safeguarded according to policies set forth
in title 40, chapter 1, part 2, subpart B-- Confidentiality of Business
Information (CBI) (see 40 CFR part 2), and the public is not permitted
access to information containing personal or organizational
identifiers.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 0.76
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.
    Respondents/Affected Entities: Importers (including Independent
Commercial Importers) of light duty vehicles or engines, light duty
trucks or engines, and highway motorcycles or engines.
    Estimated Number of Respondents: 12,005.
    Frequency of Response: On occasion.
    Estimated Total Annual Hour Burden: 9,350.
    Estimated Total Annual Cost: $535,050, including $370,803 in labor
costs, $73,353 in annualized capital/startup costs, and $90,894 in
Operations and Maintenance (O&M) costs.
    Changes in the Estimates: There is a decrease of 866 hours in the
total estimated burden currently identified in the OMB Inventory of
Approved ICR Burdens. This decrease is due to use of revised estimates,
based on more recent information on the hours associated with
conducting tests, and to annualization of capital costs consistent with
the treatment of other motor vehicle testing costs by EPA.

    Dated: June 17, 2010.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2010-15219 Filed 6-22-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: April 26, 2007 (Volume 72, Number 80)]
[Notices]
[Page 20841]
[DOCID:fr26ap07-48]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL07-56-000]

Allegheny Electric Cooperative, Inc. Borough of Chambersburg, PA;
City and Towns of Hagerstown, Thurmont, and Williamsport, MD; District
of Columbia Office of the People's Counsel; Illinois Citizens Utility
Board; Indiana Office of Utility Consumer Counsel; Maryland Office of
People's Counsel; New Jersey Division of Rate Counsel; Office of the
Attorney General of Virginia, Division of Consumer Counsel; Office of
the Ohio Consumer's Counsel; Old Dominion Electric Cooperative;
Pennsylvania Office of Consumer Advocate; PJM Industrial Customer
Coalition; Southern Maryland Electric Cooperative, Inc.; State of
Delaware, Division of the Public Advocate v. PJM Interconnection,
L.L.C.; Notice of Designation of Commission Staff as Non-Decisional

April 20, 2007.
    Effective April 19, 2007, Alan Haymes, of the Federal Energy
Regulatory Commission (Commission), was designated as non-decisional
staff in the above-captioned docket. As non-decisional staff, Mr.
Haymes will not participate in an advisory capacity in deliberations on
the issues pending therein. Separated non-decisional and advisory
staffs are prohibited from communicating with one another concerning
the deliberations set forth above.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-7984 Filed 4-25-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 58 (Thursday, March 26, 2015)]
[Notices]
[Pages 15999-16000]
[FR Doc No: 2015-06916]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG15-69-000.
    Applicants: Benson Power, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Benson Power, LLC.
    Filed Date: 3/20/15.
    Accession Number: 20150320-5128.
    Comments Due: 5 p.m. ET 4/10/15.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER11-2855-015; ER11-2856-015; ER11-2857-015; ER10-
2488-009; ER10-2722-004; ER10-2787-004; ER12-2037-004.
    Applicants: Avenal Park LLC, Sand Drag LLC, Sun City Project LLC,
Oasis Power Partners, LLC, Eurus Combine Hills I LLC, Eurus Combine
Hills II LLC, Spearville 3, LLC.
    Description: Notice of Non-Material Change in Status of the Eurus
MBR Entities.
    Filed Date: 3/19/15.
    Accession Number: 20150319-5214.
    Comments Due: 5 p.m. ET 4/9/15.

    Docket Numbers: ER15-477-000.
    Applicants: Southwest Power Pool, Inc.
    Description: eTariff filing per 35.19a(b): 1888R3 Westar Energy,
Inc. Refund Report to be effective N/A.
    Filed Date: 3/20/15.
    Accession Number: 20150320-5090.
    Comments Due: 5 p.m. ET 4/10/15.

    Docket Numbers: ER15-484-000.
    Applicants: Southwest Power Pool, Inc.
    Description: eTariff filing per 35.19a(b): 1891R3 Westar Energy,
Inc. Refund Report to be effective N/A.
    Filed Date: 3/20/15.
    Accession Number: 20150320-5094.
    Comments Due: 5 p.m. ET 4/10/15.

    Docket Numbers: ER15-490-000.
    Applicants: Southwest Power Pool, Inc.
    Description: eTariff filing per 35.19a(b): 1892R3 Westar Energy,
Inc. Refund Report to be effective N/A.
    Filed Date: 3/20/15.
    Accession Number: 20150320-5095.
    Comments Due: 5 p.m. ET 4/10/15.

    Docket Numbers: ER15-710-001.
    Applicants: Arizona Public Service Company.
    Description: Tariff Amendment per 35.17(b): Service Agreement No.
341--Response to FERC Notice of Deficiency to be effective 1/1/2015.
    Filed Date: 3/20/15.
    Accession Number: 20150320-5215.
    Comments Due: 5 p.m. ET 4/10/15.

    Docket Numbers: ER15-977-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Tariff Amendment per 35.17(b): 2015-03-20_SA 2737 ATC-
WPSC Amended PCA to be effective 4/6/2015.
    Filed Date: 3/20/15.
    Accession Number: 20150320-5097.
    Comments Due: 5 p.m. ET 4/10/15.

    Docket Numbers: ER15-1340-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii):
Revisons to Attachment AE Section 2.10.3 Regulation Qualified Resources
to be effective 5/18/2015.
    Filed Date: 3/19/15.
    Accession Number: 20150319-5189.
    Comments Due: 5 p.m. ET 4/9/15.

    Docket Numbers: ER15-1341-000.
    Applicants: Southern California Edison Company.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): GIA
and Distribution Service Agmt SunEdison Utility Solutions Almond Ave
Project to be effective 3/21/2015.
    Filed Date: 3/20/15.
    Accession Number: 20150320-5002.
    Comments Due: 5 p.m. ET 4/10/15.

    Docket Numbers: ER15-1342-000.
    Applicants: Southern California Edison Company.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): GIA
and Distribution Service Agmt SunEdison Utility Solutions Terminal
Freezers to be effective 3/21/2015.
    Filed Date: 3/20/15.
    Accession Number: 20150320-5003.
    Comments Due: 5 p.m. ET 4/10/15.

    Docket Numbers: ER15-1343-000.
    Applicants: Southern California Edison Company.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): GIA
and Distribution Service Agmt SunEdison Utility Solutions Jurupa St
Project to be effective 3/21/2015.
    Filed Date: 3/20/15.
    Accession Number: 20150320-5096.
    Comments Due: 5 p.m. ET 4/10/15.

    Docket Numbers: ER15-1344-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii):
Revisions to OATT Schedule 12 Appendix A re: RTEP approved by the PJM
Board Febr to be effective 5/19/2015.

    Filed Date: 3/20/15.
    Accession Number: 20150320-5150.
    Comments Due: 5 p.m. ET 4/10/15.

    Docket Numbers: ER15-1345-000.
    Applicants: Midcontinent Independent System Operator, Inc., South
Mississippi Electric Power Association.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): 2015-
03-20_SMEPA RTO Adder Filing to be effective 6/1/2015.
    Filed Date: 3/20/15.
    Accession Number: 20150320-5153.
    Comments Due: 5 p.m. ET 4/10/15.

    Docket Numbers: ER15-1346-000.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii):
Nuclear Decommissioning Amendments to Forumla Rate PPAs to be effective
1/1/2013.
    Filed Date: 3/20/15.
    Accession Number: 20150320-5165.
    Comments Due: 5 p.m. ET 4/10/15.

    Docket Numbers: ER15-1347-000.
    Applicants: California Independent System Operator Corporation.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): 2015-
03-20_PSE_EIMIA to be effective 5/20/2015.
    Filed Date: 3/20/15.
    Accession Number: 20150320-5192.
    Comments Due: 5 p.m. ET 4/10/15.

    Docket Numbers: ER15-1348-000.
    Applicants: Roseton Generating LLC.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): MBR
Tariff Amendments to be effective 5/19/2015.
    Filed Date: 3/20/15.
    Accession Number: 20150320-5219.
    Comments Due: 5 p.m. ET 4/10/15.

    Docket Numbers: ER15-1349-000.
    Applicants: Castleton Commodities Merchant Trading L.P.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): MBR
Tariff Amendments to be effective 5/19/2015.
    Filed Date: 3/20/15.
    Accession Number: 20150320-5223.
    Comments Due: 5 p.m. ET 4/10/15.

    Docket Numbers: ER15-1350-000.
    Applicants: CCI Rensselaer LLC.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): MBR
Tariff Amendments to be effective 5/19/2015.
    Filed Date: 3/20/15.
    Accession Number: 20150320-5224.
    Comments Due: 5 p.m. ET 4/10/15.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES15-14-000.
    Applicants: NorthWestern Corporation.
    Description: Application for Authorization Under Section 204 of the
Federal Power Act to Issue Securities and Request for Shortened Comment
Period of NorthWestern Corporation.
    Filed Date: 3/19/15.
    Accession Number: 20150319-5216.
    Comments Due: 5 p.m. ET 4/9/15.

    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: March 20, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-06916 Filed 3-25-15; 8:45 am]
BILLING CODE 6717-01-P


                  UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                          SECTOR POLICIES AND PROGRAMS DIVISION
                       OFFICE OF AIR QUALITY PLANNING AND STANDARDS
                               OFFICE OF AIR AND RADIATION

DATE:		November 23, 2016

SUBJECT:	Meeting Notes for October 20, 2016 Meeting with AF&PA/AWC

FROM:	Katie Hanks (EPA/OAR/OAQPS/SPPD/NRG)
		John Bradfield (EPA/OAR/OAQPS/SPPD/NRG)

TO:		EPA-HQ-OAR-2016-0243

This memorandum summarizes the meeting between the American Forest and Paper Association (AF&PA)/American Wood Council (AWC), National Council for Air and Stream Improvement (NCASI), member company representatives, and the U.S. Environmental Protection Agency (EPA) on October 20, 2016. The purpose of the meeting was to discuss the proposed information collection request (ICR) for the residual risk and technology review (RTR) for the plywood and composite wood products (PCWP) national emission standards for hazardous air pollutants (NESHAP) (40 CFR part 63, subpart DDDD).

Meeting Attendees:

Amy Marshall  -  AECOM
Lawrence Otwell  -  Georgia Pacific
Russell Strader  -  Boise Cascade
Tim Hunt - AF&PA/AWC
Rob Kaufmann  -  Koch Companies
Mike Curtis  -  Georgia-Pacific
Phil Ferguson  -  Louisiana Pacific
Steve Woock  -  Weyerhaeuser
Denise Wlodyka  -  Masonite
Ellen Porter  -  Roseburg Forest Products
Rob Crawford - NCASI
Ashock Jain - NCASI
Vipin Varma - NCASI
Robin Dunkins - EPA/SPPD
Kelley Spence - EPA/SPPD
Ketan Patel - EPA/SPPD
John Bradfield - EPA/SPPD
Katie Hanks - EPA/SPPD

Discussion Points:

The following topics were discussed:
 On Line Compliance Emissions Data Reporting Interface (CEDRI) Approach to Plywood ICR Response
 Status of overall MACT/RTR
 Review questions/issues on proposed test plan  -  AWC and EPA
 Review questions/issues on survey  -  AWC and EPA

Presentation materials prepared by industry representatives are attached.


[Federal Register Volume 77, Number 174 (Friday, September 7, 2012)]
[Rules and Regulations]
[Pages 55141-55143]
[FR Doc No: 2012-22004]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0574]
RIN 1625-AA00

Safety Zone, ESI Ironman 70.3 Augusta Triathlon, Savannah River;
Augusta, GA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Savannah River in Augusta, Georgia during the ESI Ironman
70.3 Augusta Triathlon on Sunday, September 30, 2012. The event will
include a 1.1 mile swim on the waters of the Savannah River. The
temporary safety zone is necessary for the safety of the race
participants, participant vessels, spectators, and the general public
during the swim portion of the competition. Persons and vessels are
prohibited from entering, transiting through, anchoring in, or
remaining within the safety zone unless authorized by the Captain of
the Port Savannah or a designated representative.

DATES: This rule is effective from 7 a.m. until 11:59 a.m. on September
30, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-0574. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email Marine Science Technician First
Class William N. Franklin, Marine Safety Unit Savannah Office of
Waterways Management, Coast Guard; telephone<PHONE_NUMBER>. If you have
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone (202) 366-
9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On July 10, 2012, the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled Safety Zone; ESI Ironman 70.3 Augusta
Triathlon, Savannah River, Augusta, GA in the Federal Register (77 FR
40544). The Coast Guard received no comments on the proposed rule. No
public meeting was requested, and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. This event will occur before 30
days have elapsed after the publication of the rule in the Federal
Register. Insufficient time was available to provide both a period for
meaningful comment and also a 30 day period after publication for the
effective date of this temporary final rule.

B. Basis and Purpose

    (a) The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
    (b) The purpose of the rule is to ensure the safety of the
swimmers, participant vessels, spectators, and the general public
during the ESI Ironman 70.3 Augusta Triathlon.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard did not receive any comments to the proposed rule,
and no changes were made to the regulatory text.
    On Sunday, September 30, 2012, the ESI Ironman 70.3 Augusta
Triathlon is scheduled to take place in Augusta, Georgia. This event
includes a 1.1 mile swim that will take place on the waters of the
Savannah River. The swim starts at the 6th Street Railroad Bridge and
finishes at Mile Post 198.
    The temporary safety zone will encompass certain waters of the
Savannah River in Augusta, Georgia. The temporary safety zone will be
enforced from 7 a.m. until 11:59 a.m. on September 30, 2012. Persons
and vessels are prohibited from entering, transiting through, anchoring
in, or remaining within the safety zone unless authorized by the
Captain of the Port Savannah or a designated representative.
    Persons and vessels desiring to enter, transit through, anchor in,
or remain

within the safety zone may contact the Captain of the Port Savannah by
telephone at<PHONE_NUMBER>, or a designated representative via VHF radio
on channel 16, to request authorization. If authorization to enter,
transit through, anchor in, or remain within the safety zone is granted
by the Captain of the Port Savannah or a designated representative, all
persons and vessels receiving such authorization must comply with the
instructions of the Captain of the Port Savannah or a designated
representative. The Coast Guard will provide notice of the safety zone
by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The economic impact of
this rule is not significant for the following reasons: (1) The safety
zone will only be enforced for only five hours; (2) although persons
and vessels will not be able to enter, transit through, anchor in, or
remain within the safety zone without authorization from the Captain of
the Port Savannah or a designated representative, they may operate in
the surrounding area during the enforcement period; (3) persons and
vessels may still enter, transit through, anchor in, or remain within
the safety zone if authorized by the Captain of the Port Savannah or a
designated representative; and (4) the Coast Guard will provide advance
notification of the safety zone to the local maritime community by
Local Notice to Mariners and Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
    (1) This rule may affect the following entities, some of which may
be small entities: The owners or operators of vessels intending to
enter, transit through, anchor in, or remain within that portion of the
Savannah River encompassed within the safety zone from 7 a.m. until
11:59 a.m. on September 30, 2012.
    (2) For the reasons discussed in the Executive Order 12866 and
Executive Order 13563 section above, this rule will not have a
significant economic impact on a substantial number of small entities.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the

Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a temporary safety
zone on the waters of the Savannah River that will be enforced for a
total of five hours. This rule is categorically excluded from further
review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. An environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination are available
in the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add a temporary Sec.  165.T07-0574 to read as follows:

Sec.  165.T07-0574  Safety Zone; ESI Ironman 70.3 Augusta Triathlon,
Savannah River, Augusta, GA.

    (a) Regulated Area. The following regulated area is a safety zone.
All waters of the Savannah River encompassed within an imaginary line
connecting the following points: Starting at Point 1 in position
33[deg]28'44'' N, 81[deg]57'53'' W; thence northeast to Point 2 in
position 33[deg]28'50'' N, 81[deg]57'50'' W; thence southeast to Point
3 in position 33[deg]27'51'' N, 81[deg]55'36'' W; thence southwest to
Point 4 in position 33[deg]27'47'' N, 81[deg]55'43'' W; thence
northwest back to origin. All coordinates are North American Datum
1983.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Savannah in the enforcement of the regulated area.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port Savannah or
a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Savannah by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated area is granted by the Captain of the Port Savannah or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Savannah or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
    (d) Effective Date. This rule is effective from 7 a.m. until 11:59
a.m. on September 30, 2012.

    Dated: August 28, 2012.
J. B. Loring,
Commander, U.S. Coast Guard, Captain of the Port Savannah.
[FR Doc. 2012-22004 Filed 9-6-12; 8:45 am]
BILLING CODE 9110-04-P


1 of 2 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D. C. 20460 OFFICE OF PREVENTION, PESTICIDES, AND TOXIC SUBSTANCES December 22. 2003 MEMORANDUM SUBJECT: Transmittal of Meeting Minutes of the FIFRA Scientific Advisory Panel Meeting Held October 28  29, 2003 TO: James J. Jones, Director Office of Pesticide Programs Charlie Auer, Director Office of Pollution Prevention and Toxics FROM: Myrta R. Christian, Designated Federal Official FIFRA Scientific Advisory Panel Office of Science Coordination and Policy THRU: Larry C. Dorsey, Executive Secretary FIFRA Scientific Advisory Panel Office of Science Coordination and Policy Joseph J. Merenda, Jr., Director Office of Science Coordination and Policy Attached, please find the meeting minutes of the FIFRA Scientific Advisory Panel open meeting held in Arlington, Virginia on October 28  29, 2003. This report addresses a set of scientific issues being considered by the Environmental Protection Agency regarding ensuring data quality for in vitro tests used as alternatives to animal studies for regulatory purposes.

Attachment 2 of 2 cc:

Susan Hazen Adam Sharp Anne Lindsay Janet Andersen Debbie Edwards Steven Bradbury Jay Ellenberger Arnold Layne Tina Levine Frank Sanders Lois Rossi Margaret Stasikowski William Jordan Douglas Parsons Sandy Evalenko David Deegan Vanessa Vu ( SAB) Amy Rispin Donald Sadowsky Deborah McCall Francisca Liem OPP Docket FIFRA Scientific Advisory Panel Members Steven G. Heeringa, Ph. D., FIFRA SAP Session Chair Stephen M. Roberts, Ph. D., FIFRA SAP Chair Stuart Handwerger, M. D. Gary Isom, Ph. D. Mary Anna Thrall, D. V. M.

FQPA Science Review Board Members Joseph P. Bressler, Ph. D. George DeGeorge, Ph. D. James Freeman, Ph. D. Michael Luster, Ph. D. James F. McCormack, Ph. D. Kenneth Portier, Ph. D. Gregory A. Reed, Ph. D.


EPA REGISTRATION DIVISION COMPANY NOTICE OF FILING FOR PESTICIDE PETITIONS PUBLISHED IN THE FEDERAL REGISTER

EPA Registration Division contact: PV Shah,<PHONE_NUMBER>

INSTRUCTIONS:  Please utilize this outline in preparing the pesticide petition.  In cases where the outline element does not apply, please insert "NA-Remove" and maintain the outline. Please do not change the margins, font, or format in your pesticide petition. Simply replace the instructions that appear in green, i.e., "[insert company name]," with the information specific to your action.

TEMPLATE:

Cheminova A/S

[IN-10771]

	EPA has received a pesticide petition (IN-10771) from Cheminova A/S, EPA Company Number 4787, 1600 Wilson Boulevard, Suite 700, Arlington, VA  22209 proposing, pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180. to amend an exemption from the requirement of a tolerance for Maleic anhydride (CAS Reg. No. 108-31-6) and maleic acid (CAS Reg. No. 110-16-7) when used as an inert ingredient (stabilizer) in pesticide formulations applied to growing crops, at a maximum of 5% in the pesticide formulation.  EPA has determined that the petition contains data or information regarding the elements set forth in section 408 (d)(2) of  FDDCA; however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data supports granting of the petition. Additional data may be needed before EPA rules on the petition.

A. Residue Chemistry

	1. Plant metabolism. Not applicable to this petition

	2. Analytical method. Not applicable to this petition

	3. Magnitude of residues. Not applicable to this petition

B. Toxicological Profile

Maleic anhydride and maleic acid are currently approved by EPA for use as inert ingredients in pesticide formulations applied to growing crops (specifically apples with a 21-day pre-harvest interval) as described at 40 CFR §180.920.  Cheminova is specifically interested in amending the tolerance exemption for maleic anhydride.  However, because maleic anhydride and maleic acid are listed together in the current tolerance exemption in 40 CFR §180.920 and because they were reassessed together by EPA, this petition proposes a revision of the tolerance exemption covering maleic anhydride and maleic acid.  These two compounds reference a majority of the same toxicology data, as described in the Agency's tolerance reassessment, and the toxicology endpoints are the same.  Further, maleic anhydride rapidly hydrolyzes to maleic acid and both compounds are readily biodegradable. Thus, maleic anhydride and maleic acid are therefore biologically equivalent.  Accordingly, bridging the database of toxicological and environmental data for maleic anhydride and maleic acid is a scientifically sound approach.  Since the maleic anhydride is the use of interest, it is the focus of this petition.

	1. Acute toxicity.  Based on available toxicological information, maleic anhydride exhibits relatively low acute toxicity via oral and dermal routes of exposure.  Maleic anhydride has been reported to be severely irritating to the skin and eyes of rabbits. It is dermally sensitizing to guinea pigs, and is a potential respiratory sensitizer to rats.

	2. Genotoxicty. Limited in vitro and in vivo genotoxcity tests conducted with maleic anhydride are negative.  On the basis of all of the data on genotoxicity, a mutagenic effect is not assumed.

	3. Reproductive and developmental toxicity. No treatment-related reproductive or developmental effects were reported in published animal studies following oral exposure to maleic anhydride.

Male and female rats were dosed with maleic anhydride by gavage at 0, 20, 55 or 150 mg/kg/day in a multi-generation reproductive study.  No adverse effects on fertility were noted at doses up to 55 mg/kg/day administered over two generations.  In the parental group, mortality, body weight changes, and respiratory irritation were seen at the highest dose level, 150 mg/kg/day.  In addition, histopathological effects were observed in the kidney and bladder of the first generation parental animals in all treated groups.  No adverse effects on litter size and on pup survival were noted at doses up to 150 mg/kg/day.  The LOAEL for parental effects was 20 mg/kg/day and the NOAEL for reproductive effects was 55 mg/kg/day, the highest dose tested due to parental death at 150 mg/kg/day.

No developmental toxicity was observed when pregnant CD rats were treated with maleic anhydride via gavage at 0, 30, 90, and 140 mg/kg/day from day 6 to day 15 of gestation.  There were no reported treatment-related effects upon examination of the fetuses for external abnormalities, soft tissue abnormalities and skeletal abnormalities.  No increases in fetal malformations were noted, and the variations detected were similar in the control and treated groups.  The NOAEL for maternal and developmental toxicity was determined to be 140 mg/kg/day.

The effects seen in these studies are likely representative of maleic acid toxicity since maleic anhydride is rapidly hydrolyzed to maleic acid in the body, particularly via oral exposure

	4. Subchronic toxicity. Repeat dose 90-day feeding studies have been conducted in rats and dogs for maleic anhydride.  Additionally, repeat dose inhalation studies were conducted in several species.

In a 90-day oral feeding study, rats were administered maleic anhydride at dose levels of 0, 100, 250, or 600 mg/kg/day.  Effects on the kidney occurred at relatively high doses (>= 100 mg/kg/day) and were more severe in males than in females.  The effects appear to be largely in the tubular cells, with some effects occurring in the glomeruli.  Since maleic anhydride rapidly hydrolyzes to maleic acid under aqueous conditions, the kidney effects are likely due to maleic acid.  Maleic acid is also known to cause kidney damage with the target site being tubular cells.  The LOAEL for this study is 100 mg/kg/day.  In a separate 90-day oral study discussed in the same report, rats were administered doses of 0, 20, and 40 mg/kg/day of maleic anhydride.  The NOAEL was determined to be 40 mg/kg/day based on no treatment related effects.

In a 183-day study, male rats were fed 0, 250, or 600 mg/kg/day maleic anhydride.  The LOAEL was 250 mg/kg/day, based on effects in the liver and kidneys.

No adverse effects related to maleic anhydride were observed in a dietary feeding study in dogs dosed at 0, 20, 40, or 60 mg/kg 7 days a week, for 90 days. In the high-dose group, there was a decrease in food intake for the first few weeks.  The LOAEL was determined to be 60 mg/kg/day for hematological effects, and the NOAEL was 40 mg/kg/day.

In a repeat dose inhalation study, rats were exposed to maleic anhydride at concentrations of 0, 12, 32, or 86 mg/m[3] (0, 3, 8, or 21 ppm) for 6 hr/day for 4 weeks.  Evidence of nasal, trachea and lung irritation was present at all exposure levels.  Effects of maleic anhydride were concentration related and included epithelial hyperplasia and the presence of inflammatory exudates in the nasal turbinates and trachea, and epithelia hyperplasia, squamous metaplasia, and intra-alveolar hemorrhage in the lung.  Increased incidence of hemorrhagic lung foci were observed in the 32 and 86 mg/m[3] exposed group.  The LOAEL was 12 mg/m[3] (3 ppm).

Respiratory tract and eye irritation were observed in rats, hamsters and monkeys when exposed to maleic anhydride at concentrations of 0, 1.1, 3.3, and 9.8 mg/m[3] (0, 0.3, 0.8, or 2.4 ppm) for 6 hr/day, 5 days a week for 6 months in a repeated inhalation study.  Respiratory tract and eye irritation were observed in rats and hamsters exposed to 3.3 and 9.8 mg/m[3], and in monkeys at 9.8 mg/m[3].  Also observed were body weight reductions in male rats from the high-exposure group (9.8 mg/m[3]). In both male rats and hamsters, hyperplastic and metaplastic changes of the nasal tissues, ranging in severity from trace to mild, were present and were observed in rats at all exposure levels and in hamsters at the mid- and high-exposure levels; these changes are considered a sign of irritation and were judged reversible.  The NOAEL for rats was determined to be 3.3 mg/m[3] (0.8 ppm).

	5. Chronic toxicity.  In a two-year rat oral chronic study, rats were fed maleic anhydride at the dose levels of 0, 10, 32, or 100 mg/kg/day.  Effects at the LOAEL included a slight to marginal decrease in body weight in male rats at 32 mg/kg/day and 100 mg/kg/day.  Female rats at those doses showed a marginal decrease in body weight.  There were no other adverse effects indicated.  The NOAEL was 10 mg/kg/day in males and females.

Maleic anhydride is not classifiable as a human carcinogen.

	6. Animal metabolism. There is limited information regarding the metabolism and pharmacokinetics of maleic anhydride.  Under aqueous conditions, maleic anhydride is hydrolyzed to maleic acid.  Then it is hydroxylated to malic acid, which participates in the Krebs cycle or may be excreted unchanged or in conjugated form.  Maleic acid is an antimetabolite of fumaric acid.  Maleic anhydride has the potential to form haptens by acrylating with amino acids and resulting in an immunological response (dermal and respiratory sensitization).

In a metabolism study, dogs were fed 60 mg/kg/day maleic anhydride for 990 days.  Using a one compartment model, uptake rate and elimination rate constants were calculated as 3.49 x 10[-3] per day and 8.32 x 10[-2] per day, respectively.  Based on this model, "99% of steady state was reached by day 55 of the study."

	7. Metabolite toxicology. There are no metabolites of toxicological concern.

	8. Endocrine disruption. EPA has not reported having any available information to suggest that maleic anhydride would have any endocrine effects.  When the appropriate screening and/or testing protocols under the EDSP have been developed, maleic anhydride and maleic acid may be subject to additional screening and/or testing to better characterize effects related to endocrine disruption.  This does not impact the current regulatory status of maleic anhydride.

C. Aggregate Exposure

	1. Dietary exposure.  For maleic anhydride, only chronic exposures are of interest because there is no relevant acute toxicity endpoint.  The maximum concentration of maleic anhydride in pesticide formulations will be 5%.  Thus, the inert ingredient default screening-level chronic dietary estimates can be adjusted to reflect this limited concentration in formulations.  Estimated chronic dietary exposures range from 0.015 mg/kg/d for youth 13-19 years old to 0.073 mg/kg/d for children aged 1-2 years old, the most highly exposed subpopulation.  When expressed as a percent of the cPAD, these exposures range from 14.9% to 73.3% of the cPAD.  Dietary exposures below the cPAD are not of concern.

The results of the dietary risk assessment demonstrate that maleic anhydride dietary exposures will be less than the chronic reference dose for all subpopulations when it is present at no more than 5% in pesticide formulations.  Therefore, this dietary assessment supports a safety finding for a tolerance exemption for maleic anhydride in pesticide formulation at a concentration of no greater than 5%.

	2. Non-dietary exposure. Based on the proposed 40 CFR §180.920 uses cited herein, residential exposure of maleic anhydride is not expected to occur.

D. Cumulative Effects. EPA has not made a common mechanism of toxicity finding for maleic anhydride or maleic acid and neither appears to produce a toxic metabolite that is produced by other substances.  Therefore, it should be assumed that maleic anhydride and maleic do not have a common mechanism of toxicity with other substances.

E. Safety Determination

	1. U.S. population. As part of the FQPA tolerance reassessment process, the Agency stated that a qualitative dietary risk assessment was appropriate based on the "lack of human health concerns associated with the low levels of exposure to these chemicals when used as inert ingredients in pesticide formulations."  Since Cheminova is requesting to amend the tolerance exemption to include all food use applications as described in 40 CFR §180.920, and there may therefore be broader use of these inert ingredients, a quantitative dietary risk assessment incorporating the limitation of 5% in pesticide formulations has been conducted.

Based on this quantitative dietary risk assessment using the toxicological endpoint of 10 mg/kg/day and an uncertainty factor of 100, the total exposure estimates for the U.S. population are below 20.8% of the cPAD of 0.1 mg/kg/day.  For the most highly exposed population subgroup, children 1-2 years, the exposure estimate is 73.3% of the cPAD.  These exposure estimates demonstrate that there is reasonable certainty of no harm to all population subgroups as a result of dietary exposure to maleic anhydride when used according to pesticide applications consistent with 40 CFR §180.920.

	2. Infants and children. The two-generation reproductive study in rats resulted in no adverse effects on fertility up to the NOAEL of 55 mg/kg/day.  There were no adverse effects on litter size and pup survival up to 150 mg/kg/day.  In a rat developmental study using maleic anhydride, there were no treatment related effects noted in the examination of the fetuses for external abnormalities and no fetal malformations were noted.  Based on these available reproductive and developmental toxicity studies conducted with maleic anhydride, there is no concern for increased sensitivity to infants and children to this compound when used as an inert ingredient in pesticide formulations.

Therefore, an additional FQPA safety factor is not required for the risk assessment.

F. International Tolerances Currently there are no known Codex MRLs established for maleic anhydride.