[Federal Register Volume 88, Number 119 (Thursday, June 22, 2023)]
[Notices]
[Pages 40800-40801]
[FR Doc No: 2023-13264]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP23-493-000]

Leaf River Energy Center, LLC; Notice of Request Under Blanket
Authorization and Establishing Intervention and Protest Deadline

    Take notice that on June 6, 2023, Leaf River Energy Center, LLC
(LREC), 2500 CityWest Boulevard, Suite 1050, Houston, Texas 77042,
filed in the above referenced docket, a prior notice request pursuant
to sections 157.205 and 157.208 of the Commission's regulations under
the Natural Gas Act (NGA), and LREC's blanket certificate issued in
Docket No. CP08-8-000, for authorization to construct and operate a new
booster station with an electric-motor-driven 5,000-horsepower (hp)
centrifugal compressor unit and associated equipment and facilities,
all of which will be on LREC's undeveloped property located adjacent to
LREC's existing pipeline header system in Jasper County, Mississippi.
LREC states that it is proposing the project to accommodate existing
customers' requests for additional flexibility or services by enhancing
its firm storage services to allow the original design criteria of its
existing salt dome natural gas storage facility to be realized under
prevailing operating conditions without adding any additional capacity
or proposing any changes to the currently certificated parameters of
the storage facility. The estimated cost for the project is
$35,500,000, all as more fully set forth in the request which is on
file with the Commission and open to public inspection.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (www.ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room. For assistance, contact the Federal Energy Regulatory
Commission at FercOnlin[email protected] or call toll-free, (886) 208-
3676 or TTY<PHONE_NUMBER>.
    Any questions concerning this request should be directed to Austin
Isensee, Manager, Rates and Regulatory, NJR S&T 2500 CityWest Blvd.,
Suite 1050, Houston, Texas 77042 at<PHONE_NUMBER>, or by email at
[email protected].

Public Participation

    There are three ways to become involved in the Commission's review
of this project: you can file a protest to the project, you can file a
motion to intervene in the proceeding, and you can file comments on the
project. There is no fee or cost for filing protests, motions to
intervene, or comments. The deadline for filing protests, motions to
intervene, and comments is 5:00 p.m. Eastern Time on August 14, 2023.
How to file protests, motions to intervene, and comments is explained
below.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

Protests

    Pursuant to section 157.205 of the Commission's regulations under
the NGA,\1\ any person \2\ or the Commission's staff may file a protest
to the request. If no protest is filed within the time allowed or if a
protest is filed and then withdrawn within 30 days after the allowed
time for filing a protest, the proposed activity shall be deemed to be
authorized effective the day after the time allowed for protest. If a
protest is filed and not withdrawn within 30 days after the time
allowed for filing a protest, the instant request for authorization
will be considered by the Commission.
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    \1\ 18 CFR 157.205.
    \2\ Persons include individuals, organizations, businesses,
municipalities, and other entities. 18 CFR 385.102(d).
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    Protests must comply with the requirements specified in section
157.205(e) of the Commission's regulations,\3\ and must be submitted by
the protest deadline, which is August 14, 2023. A protest may also
serve as a motion to intervene so long as the protestor states it also
seeks to be an intervenor.
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    \3\ 18 CFR 157.205(e).
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Interventions

    Any person has the option to file a motion to intervene in this
proceeding. Only intervenors have the right to request rehearing of
Commission orders issued in this proceeding and to subsequently
challenge the Commission's orders in the U.S. Circuit Courts of Appeal.
    To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \4\ and the regulations under the NGA \5\ by the
intervention deadline for the project, which is August 14, 2023. As
described further in Rule 214, your motion to intervene must state, to
the extent known, your position regarding the proceeding, as well as
your interest in the proceeding. For an individual, this could include
your status as a landowner, ratepayer, resident of an impacted
community, or recreationist. You do not need to have property directly
impacted by the project in order to intervene. For more information
about motions to intervene, refer to the FERC website at https://www.ferc.gov/resources/guides/how-to/intervene.asp.
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    \4\ 18 CFR 385.214.
    \5\ 18 CFR 157.10.
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    All timely, unopposed motions to intervene are automatically
granted by operation of Rule 214(c)(1). Motions to intervene that are
filed after the intervention deadline are untimely and may be denied.
Any late-filed motion to intervene must show good cause for being late
and must explain why the time limitation should be waived and provide
justification by reference to factors set forth in Rule 214(d) of the
Commission's Rules and Regulations. A person obtaining party status
will be placed on the service list maintained by the Secretary of the
Commission and will receive copies (paper or electronic) of all
documents filed by the applicant and by all other parties.

Comments

    Any person wishing to comment on the project may do so. The
Commission considers all comments received about the project in
determining the appropriate action to be taken. To ensure that your
comments are timely and properly recorded, please submit your comments
on or before August 14, 2023. The filing of a comment alone will not
serve to make the filer a party to the proceeding. To become a party,
you must intervene in the proceeding.

How To File Protests, Interventions, and Comments

    There are two ways to submit protests, motions to intervene, and
comments. In both instances, please

reference the Project docket number CP23-493-000 in your submission.
    (1) You may file your protest, motion to intervene, and comments by
using the Commission's eFiling feature, which is located on the
Commission's website (www.ferc.gov) under the link to Documents and
Filings. New eFiling users must first create an account by clicking on
``eRegister.'' You will be asked to select the type of filing you are
making; first select ``General'' and then select ``Protest'',
``Intervention'', or ``Comment on a Filing''; or \6\
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    \6\ Additionally, you may file your comments electronically by
using the eComment feature, which is located on the Commission's
website at www.ferc.gov under the link to Documents and Filings.
Using eComment is an easy method for interested persons to submit
brief, text-only comments on a project.
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    (2) You can file a paper copy of your submission by mailing it to
the address below. Your submission must reference the Project docket
number CP23-493-000.

To file via USPS: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426

To file via any other method: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland
20852

    The Commission encourages electronic filing of submissions (option
1 above) and has eFiling staff available to assist you at (202) 502-
8258 or [email protected].
    Protests and motions to intervene must be served on the applicant
either by mail or email (with a link to the document) at: Austin
Isensee, Manager, Rates and Regulatory, NJR S&T, 2500 CityWest Blvd.,
Suite 1050, Houston, Texas 77042, or by email at
[email protected]. Any subsequent submissions by an intervenor
must be served on the applicant and all other parties to the
proceeding. Contact information for parties can be downloaded from the
service list at the eService link on FERC Online.

Tracking the Proceeding

    Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at www.ferc.gov using the
``eLibrary'' link as described above. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. For more information and to register, go to
www.ferc.gov/docs-filing/esubscription.asp.

    Dated: June 15, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-13264 Filed 6-21-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 165 (Thursday, August 25, 2011)]
[Notices]
[Pages 53125-53127]
[FR Doc No: 2011-21722]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9456-8; Docket ID No. EPA-HQ-ORD-2011-0425]

Draft Toxicological Review of Libby Amphibole Asbestos: In
Support of the Summary Information on the Integrated Risk Information
System (IRIS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public comment period and listening session.

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SUMMARY: EPA is announcing a 60-day public comment period and a public
listening session for the external review draft human health assessment
titled ``Toxicological Review of Libby Amphibole Asbestos: In Support
of Summary Information on the Integrated Risk Information System
(IRIS)'' (EPA/635/R-11/002A). The draft assessment was prepared by
staff in both EPA's Region 8 Office (Colorado, Montana, North Dakota,
South Dakota, Utah, Wyoming, and 27 tribal nations), and the National
Center for Environmental Assessment (NCEA) within the EPA Office of
Research and Development (ORD). EPA is releasing the draft assessment
for the purposes of public comment and peer review. This draft
assessment is not final as described in EPA's Information Quality
Guidelines, and it does not represent and should not be construed to
represent Agency policy or views. When finalizing the draft document,
EPA intends to consider any public comments that EPA receives in
accordance with this notice. The public comments submitted in
accordance with this notice will be made available to the peer review
panel.
    The draft document is also being provided to EPA's Science Advisory
Board (SAB), a body established under the Federal Advisory Committee
Act, for independent external peer review. The public comment period
and the EPA Science Advisory Board (SAB) peer-review, which will be
scheduled at a later date and announced in the Federal Register, are
separate processes that provide opportunities for all interested
parties to comment on the document.
    EPA is also announcing a listening session to be held on October 6,
2011 during the public comment period for this draft assessment. The
purpose of the listening session is to allow all interested parties to
present scientific and technical comments on draft IRIS health
assessments to EPA and other interested parties attending the listening
session. EPA welcomes the scientific and technical comments that will
be provided to the Agency by the listening session participants. The
comments will be considered by the Agency as it revises the draft
assessment after the independent external peer review. If listening
session participants would like EPA to share their comments with the
external peer reviewers, they should also submit written comments
during the public comment period using the detailed and established
procedures described in the SUPPLEMENTARY INFORMATION section of this
notice.

DATES: The public comment period begins August 25, 2011, and ends
October 24, 2011. Technical comments should be in writing and must be
received by EPA by October 24, 2011.
    The listening session on the draft IRIS health assessment for Libby
Amphibole Asbestos will be held in Arlington, VA, on October 6, 2011,
beginning at 1 p.m. and ending at 5 p.m., Eastern Daylight Time, or
when the last presentation has been completed. If you would like to
make a presentation at the listening session, you should register by
September 29, 2011. To attend the listening session, register by
September 29, 2011, by sending an e-mail to
<EMAIL_ADDRESS>(subject line: Libby Amphibole Asbestos
Listening Session); by calling Christine Ross at<PHONE_NUMBER>; or by
faxing a registration request to<PHONE_NUMBER>. Please reference the
``Libby Amphibole Asbestos Listening Session'' and include your name,
title, affiliation, full address, and contact information. To present
at the listening session, indicate in your registration that you would
like to make oral comments at the session and provide the length of
your

presentation. When you register, please indicate if you will need
audio-visual aid (e.g., laptop and slide projector). In general, each
presentation should be no more than 30 minutes. If, however, there are
more requests for presentations than the allotted time allows, then the
time limit for each presentation will be adjusted. A copy of the agenda
for the listening session will be available at the meeting. If no
speakers have registered by September 29, 2011, the listening session
will be cancelled and EPA will notify those registered of the
cancellation.
    Listening session participants who would like EPA to share their
comments with the external peer reviewers should also submit written
comments to the docket during the public comment period using the
detailed and established procedures described in the SUPPLEMENTARY
INFORMATION section of this notice. Comments submitted to the docket
prior to the end of the public comment period will be considered by EPA
in the disposition of public comments. Additionally, these comments
will be made available to the SAB external peer reviewers. All comments
must be submitted to the docket. Comments received after the public
comment period closes will not be submitted to the external peer
reviewers.

ADDRESSES: The draft ``Toxicological Review of Libby Amphibole
Asbestos: In Support of Summary Information on the Integrated Risk
Information System (IRIS)'' is available primarily via the Internet on
the NCEA home page under the Recent Additions and Publications menus at
http://www.epa.gov/ncea. A limited number of paper copies are available
from the Information Management Team, NCEA; telephone:<PHONE_NUMBER>;
facsimile:<PHONE_NUMBER>. If you are requesting a paper copy, please
provide your name, mailing address, and the document title.
    Comments may be submitted electronically via http://www.regulations.gov, by mail, by facsimile, or by hand delivery/
courier. Please follow the detailed instructions as provided in the
SUPPLEMENTARY INFORMATION section of this notice.
    The listening session on the draft Libby Amphibole Asbestos
assessment will be held at the EPA offices at Two Potomac Yard (North
Building), 7th Floor, Room 7100, 2733 South Crystal Drive, Arlington,
Virginia 22202. Please note that to gain entrance to this EPA building
to attend the meeting, attendees must have photo identification with
them and must register at the guard's desk in the lobby. The guard will
retain your photo identification and will provide you with a visitor's
badge. At the guard's desk, attendees should give the name Christine
Ross and the telephone number,<PHONE_NUMBER>, to the guard on duty. The
guard will contact Ms. Ross who will meet you in the reception area to
escort you to the meeting room. When you leave the building, please
return your visitor's badge to the guard and you will receive your
photo identification.
    A teleconference line will also be available for registered
attendees/speakers. The teleconference number is<PHONE_NUMBER> and the
access code is<PHONE_NUMBER>, followed by the pound sign ().
The teleconference line will be activated at 12:45 p.m, and you will be
asked to identify yourself and your affiliation at the beginning of the
call.
    Information on Services for Individuals with Disabilities: EPA
welcomes public attendance at the Libby Amphibole Asbestos Listening
Session and will make every effort to accommodate persons with
disabilities. For information on access or services for individuals
with disabilities, please contact Christine Ross at<PHONE_NUMBER> or
<EMAIL_ADDRESS>To request accommodation of a disability,
please contact Ms. Ross, preferably at least 10 days prior to the
meeting, to give EPA as much time as possible to process your request.

FOR FURTHER INFORMATION CONTACT: For information on the federal docket,
contact the Office of Environmental Information Docket; telephone: 202-
566-1752; facsimile:<PHONE_NUMBER>; or e-mail<EMAIL_ADDRESS>    For information on the public listening session, please contact
Christine Ross, IRIS Staff, National Center for Environmental
Assessment, (Mail Code: 8601P), U.S. Environmental Protection Agency,
1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone: 703-
347-8592; facsimile:<PHONE_NUMBER>; or e-mail:
<EMAIL_ADDRESS>    If you have questions about the document, contact Danielle DeVoney,
National Center for Environmental Assessment (NCEA, Mail Code: 8623P),
U.S. Environmental Protection Agency, Washington, DC 20460; telephone:
(703) 347-8558; facsimile:<PHONE_NUMBER>; or e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Information About IRIS

    EPA's Integrated Risk Information System (IRIS) provides
information about over 540 chemicals to which the public may be exposed
from releases to air, water, and land and through the use and disposal
of chemicals. IRIS assessments provide a scientific foundation for
decisions to protect public health across EPA's programs and regions
under an array of environmental laws. The IRIS database is publicly
available online at http://www.epa.gov/iris and is used by state and
local governments, environmental specialists, healthcare professionals,
and international institutions to characterize the potential health
effects of contaminant exposure. Over the past 2 years, EPA has
strengthened and streamlined the IRIS program, improving transparency
and increasing the number of final assessments added to the database.
Continually improving the IRIS program is an ongoing priority for the
Agency.

II. How To Submit Technical Comments to the Docket at http://www.regulations.gov

    Submit your comments, identified by Docket ID No. EPA-HQ-ORD-2011-
0425 by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments;
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>;
     Mail: Office of Environmental Information (OEI) Docket
(Mail Code: 2822T), U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460. The telephone number is
202-566-1752; and
     Hand Delivery: The OEI Docket is located in the EPA
Headquarters Docket Center, EPA West Building, Room 3334, 1301
Constitution Avenue, NW., Washington, DC. The EPA Docket Center's
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>. Such deliveries are only accepted during
the docket's normal hours of operation, and special arrangements should
be made for deliveries of boxed information.
    If you provide comments by mail or hand delivery, please submit one
unbound original with pages numbered consecutively, and three copies of
the comments. For attachments, provide an index, number pages
consecutively with the comments, and submit an unbound original and
three copies.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD-
2011-0425. Please ensure that your comments are submitted within the
specified comment period. Comments received after the closing date will
be marked ``late,'' and may only be considered if

time permits. It is EPA's policy to include all comments it receives in
the public docket without change and to make the comments available
online at http://www.regulations.gov, including any personal
information provided, unless a comment includes information claimed to
be Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the OEI Docket in the
EPA Headquarters Docket Center.

    Dated: August 3, 2011.
Darrell A. Winner,
Acting Director, National Center for Environmental Assessment.
[FR Doc. 2011-21722 Filed 8-24-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: December 15, 2009 (Volume 74, Number 239)]
[Rules and Regulations]
[Page 66227-66230]
[DOCID:fr15de09-4]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1104; Directorate Identifier 2009-NM-167-AD;
Amendment 39-16121; AD 2008-04-10 R1]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 727 Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is revising an existing airworthiness directive (AD),
which applies to all The Boeing Company Model 727 airplanes. That AD
currently requires revising the FAA-approved maintenance program by
incorporating new airworthiness limitations (AWLs) for fuel tank
systems to satisfy Special Federal Aviation Regulation No. 88
requirements. That AD also requires an initial inspection to phase in a
certain repetitive AWL inspection, and repair if necessary. This AD
clarifies the intended effect of the AD on spare and on-airplane fuel
tank system components. This AD results from a design review of the
fuel tank systems. We are issuing this AD to prevent the potential for
ignition sources inside fuel tanks caused by latent failures,
alterations, repairs, or maintenance actions, which, in combination
with flammable fuel vapors, could result in a fuel tank explosion and
consequent loss of the airplane.

DATES: This AD is effective December 30, 2009.
    On March 28, 2008 (73 FR 9668, February 22, 2008), the Director of
the Federal Register approved the incorporation by reference of a
certain publication listed in the AD.
    We must receive any comments on this AD by January 29, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, P.O. Box
3707, MC 2H-65, Seattle, Washington 98124-2207; telephone<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>Internet
https://www.myboeingfleet.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Thorson, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6508; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    On February 13, 2008, we issued AD 2008-04-10, amendment 39-15382
(73 FR 9668, February 22, 2008). That AD applies to all The Boeing
Company Model 727 airplanes. That AD requires revising the FAA-approved
maintenance program by incorporating new airworthiness limitations
(AWLs) for fuel tank systems to satisfy Special Federal Aviation
Regulation No. 88 requirements. That AD also requires an initial
inspection to phase in a certain repetitive AWL inspection, and repair
if necessary. That AD resulted from a design review of the fuel tank
systems. The actions specified in that AD are intended to prevent the
potential for ignition sources inside fuel tanks caused by latent
failures, alterations, repairs, or maintenance actions, which, in
combination with flammable fuel

vapors, could result in a fuel tank explosion and consequent loss of
the airplane.
    Critical design configuration control limitations (CDCCLs) are
limitation requirements to preserve a critical ignition source
prevention feature of the fuel tank system design that is necessary to
prevent the occurrence of an unsafe condition. The purpose of a CDCCL
is to provide instruction to retain the critical ignition source
prevention feature during configuration change that may be caused by
alterations, repairs, or maintenance actions. A CDCCL is not a periodic
inspection.

Actions Since AD Was Issued

    Since we issued that AD, we have determined that it is necessary to
clarify the AD's intended effect on spare and on-airplane fuel tank
system components, regarding the use of maintenance manuals and
instructions for continued airworthiness.
    Section 91.403(c) of the Federal Aviation Regulations (14 CFR
91.403(c)) specifies the following:

    No person may operate an aircraft for which a manufacturer's
maintenance manual or instructions for continued airworthiness has
been issued that contains an airworthiness limitation section unless
the mandatory * * * procedures * * * have been complied with.

Some operators have questioned whether existing components affected by
the new CDCCLs must be reworked. We did not intend for the AD to
retroactively require rework of components that had been maintained
using acceptable methods before the effective date of the AD. Owners
and operators of the affected airplanes therefore are not required to
rework affected components identified as airworthy or installed on the
affected airplanes before the required revisions of the FAA-approved
maintenance program. But once the CDCCLs are incorporated into the FAA-
approved maintenance program, future maintenance actions on components
must be done in accordance with those CDCCLs.

FAA's Determination and Requirements of This AD

    The unsafe condition described previously is likely to exist or
develop on other airplanes of the same type design. For this reason, we
are issuing this AD to revise AD 2008-04-10. This new AD retains the
requirements of the existing AD, and adds a new note to clarify the
intended effect of the AD on spare and on-airplane fuel tank system
components.

Explanation of Additional Change to AD

    AD 2008-04-10 allowed the use of alternative inspections,
inspection intervals, and CDCCLs if they are part of a later revision
of the Boeing 727-100/200 Airworthiness Limitations (AWLs), D6-8766-
AWL, dated March 2006. AD 2008-04-10 also allowed use of later
revisions of Boeing 727-100/200 Airworthiness Limitations (AWL), D6-
8766-AWL, dated March 2006. Those provisions have been removed from
this AD. Allowing the use of a ``later revision'' of a specific service
document violates Office of the Federal Register regulations for
approving materials that are incorporated by reference. Affected
operators, however, may request approval to use a later revision or an
alternative inspection, inspection interval, or CDCCL that is part of a
later revision of the referenced service document as an alternative
method of compliance, under the provisions of paragraph (j) of this AD.

Costs of Compliance

    This revision imposes no additional economic burden. The current
costs for this AD are repeated for the convenience of affected
operators, as follows:
    There are about 530 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs, at
an average labor rate of $80 per work hour, for U.S. operators to
comply with this AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Number of U.S.-
             Action                 Work hours         Parts         Cost per       registered      Fleet cost
                                                                     airplane        airplanes
----------------------------------------------------------------------------------------------------------------
Maintenance program revision....               8            None            $640             272        $174,080
Inspection......................               8            None             640             272         174,080
----------------------------------------------------------------------------------------------------------------

FAA's Justification and Determination of the Effective Date

    This revision merely clarifies the intended effect on spare and on-
airplane fuel tank system components, and makes no substantive change
to the AD's requirements. For this reason, it is found that notice and
opportunity for prior public comment for this action are unnecessary,
and good cause exists for making this amendment effective in less than
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2009-1104; Directorate Identifier 2009-NM-167-AD'' at
the beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
AD. We will consider all comments received by the closing date and may
amend this AD because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition

that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have 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.
    For the reasons discussed above, I certify that the regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends part 39 of the Federal Aviation Regulations (14 CFR part
39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing amendment 39-15382 (73 FR
9668, February 22, 2008) and adding the following new AD:

2008-04-10 R1 The Boeing Company: Amendment 39-16121. Docket No.
FAA-2009-1104; Directorate Identifier 2009-NM-167-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective December 30,
2009.

Affected ADs

    (b) This AD revises AD 2008-04-10, Amendment 39-15382.

Applicability

    (c) This AD applies to all The Boeing Company Model 727, 727C,
727-100, 727-100C, 727-200, and 727-200F series airplanes,
certificated in any category.

    Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance (AMOC)
according to paragraph (j) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.

Unsafe Condition

    (d) This AD results from a design review of the fuel tank
systems. We are issuing this AD to prevent the potential for
ignition sources inside fuel tanks caused by latent failures,
alterations, repairs, or maintenance actions, which, in combination
with flammable fuel vapors, could result in a fuel tank explosion
and consequent loss of the airplane.

Compliance

    (e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Restatement of AD 2008-04-10, With Change to Compliance Method

Service Information Reference

    (f) The term ``Document D6-8766-AWL,'' as used in this AD, means
Boeing 727-100/200 Airworthiness Limitations (AWLs), D6-8766-AWL,
dated March 2006.

Maintenance Program Revision

    (g) Before December 16, 2008, revise the FAA-approved
maintenance program to incorporate the information in the sections
specified in paragraphs (g)(1), (g)(2), (g)(3), and (g)(4) of this
AD; except that the initial inspection required by paragraph (h) of
this AD must be done at the applicable compliance time specified in
that paragraph.
    (1) Section A, ``SCOPE'' of Document D6-8766-AWL.
    (2) Section B, ``FUEL SYSTEMS AIRWORTHINESS LIMITATIONS,'' of
Document D6-8766-AWL.
    (3) Section C, ``SYSTEM AWL PAGE FORMAT,'' of Document D6-8766-
AWL.
    (4) Section D, ``AIRWORTHINESS LIMITATIONS--FUEL SYSTEMS,'' of
Document D6-8766-AWL.

Initial Inspection and Repair if Necessary

    (h) At the later of the compliance times specified in paragraphs
(h)(1) and (h)(2) of this AD, do a detailed inspection of the wire
bundles routed over the center fuel tank for damaged clamps, wire
chafing, and wire bundles in contact with the surface of the center
fuel tank, in accordance with AWL No. 28-AWL-01 of Section D of
Document D6-8766-AWL. If any discrepancy is found during the
inspection, repair the discrepancy before further flight, in
accordance with AWL No. 28-AWL-01 of Section D of Document D6-8766-
AWL. Accomplishing AWL No. 28-AWL-01 as part of an FAA-approved
maintenance program prior to the applicable compliance time
specified in paragraph (h)(1) or (h)(2) of this AD constitutes
compliance with the requirements of this paragraph.

    Note 2: For the purposes of this AD, a detailed inspection is:
``An intensive examination of a specific item, installation, or
assembly to detect damage, failure, or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate. Inspection aids such as
mirror, magnifying lenses, etc., may be necessary. Surface cleaning
and elaborate procedures may be required.''

    (1) Prior to the accumulation of 36,000 total flight cycles, or
within 120 months since the date of issuance of the original
standard airworthiness certificate or the date of issuance of the
original export certificate of airworthiness, whichever occurs
first.
    (2) Within 72 months after March 28, 2008 (the effective date AD
2008-04-10).

No Alternative Inspections, Inspection Intervals, or Critical Design
Configuration Control Limitations (CDCCLs)

    (i) After accomplishing the applicable actions specified in
paragraphs (g) and (h) of this AD, no alternative inspections,
inspection intervals, or CDCCLs may be used unless the inspections,
intervals, or CDCCLs are approved as an AMOC in accordance with the
procedures specified in paragraph (j) of this AD.

New Information

Explanation of CDCCL Requirements

    Note 3: Notwithstanding any other maintenance or operational
requirements, components that have been identified as airworthy or
installed on the affected airplanes before the revision of the AWL,
as required by paragraph (g) of this AD, do not need to be reworked
in accordance with the CDCCLs. However, once the AWL has been
revised, future maintenance actions on these components must be done
in accordance with the CDCCLs.

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
Attn: Tom Thorson, Aerospace Engineer, Propulsion Branch, ANM-140S,
FAA, Seattle Aircraft Certification Office 1601 Lind Avenue, SW.,
Renton, Washington 98057-3356; telephone<PHONE_NUMBER>; fax (425)
917-6590. Or, e-mail information to 9-ANM-Seattle-ACO-AMOC-
<EMAIL_ADDRESS>    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR

39.19. Before using any approved AMOC on any airplane to which the
AMOC applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.

Material Incorporated by Reference

    (k) You must use Boeing 727-100/200 Airworthiness Limitations
(AWLs), D6-8766-AWL, dated March 2006, to do the actions required by
this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register previously approved the
incorporation by reference of Boeing 727-100/200 Airworthiness
Limitations (AWLs), D6-8766-AWL, dated March 2006, on March 28, 2008
(73 FR 9668, February 22, 2008).
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on November 19, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-29737 Filed 12-14-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: April 23, 2008 (Volume 73, Number 79)]
[Notices]
[Page 21930-21931]
[DOCID:fr23ap08-64]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings  1

April 17, 2008.
    Take notice that the Commission received the following electric
corporate filings:
    Docket Numbers: EC08-73-000.
    Applicants: PPL EnergyPlus, LLC, BE Ironwood LLC.
    Description: PPL EnergyPlus, LLC and BE Ironwood LLC submits a
joint application for authorization to dispose of jurisdictional
facilities.
    Filed Date: 04/15/2008.
    Accession Number: 20080417-0042.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 6, 2008.
    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG08-60-000.
    Applicants: Sheldon Energy LLC.
    Description: Sheldon Energy LLC submits its Notice of Self
Certification of Exempt Wholesale Generator Status.
    Filed Date: 04/15/2008.
    Accession Number: 20080417-0041.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 6, 2008.

    Docket Numbers: EG08-61-000.
    Applicants: Gunsight Mountain Wind Energy LLC.
    Description: Gunsight Mountain Wind Energy LLC submits their Notice
of Self-Certification of Exempt Wholesale Generator Status.
    Filed Date: 04/15/2008.
    Accession Number: 20080417-0040.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 6, 2008.

    Docket Numbers: EG08-62-000.
    Applicants: Willow Creek Energy LLC.
    Description: Willow Creek Energy LLC submits a notice of self-
certification

of its status as an exempt wholesale generator.
    Filed Date: 04/15/2008.
    Accession Number: 20080417-0039.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 6, 2008.
    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER08-441-003.
    Applicants: Velocity American Energy Master I, L.P.
    Description: Velocity American Energy Master I, LP submits
Substitute Original Sheet 1 to FERC Electric Tariff, Original Volume 1.
    Filed Date: 04/16/2008.
    Accession Number: 20080417-0032.
    Comment Date: 5 p.m. Eastern Time on Wednesday, May 7, 2008.

    Docket Numbers: ER08-829-000.
    Applicants: ISO New England Inc.
    Description: ISO New England, Inc et al. submits revised tariff
sheets & supporting testimony of Jonathan B Lowell re proposed
revisions to Section 6.4.4 & Appendix F of the Market Rule I to exclude
the Real-Time Load Obligations etc.
    Filed Date: 04/15/2008.
    Accession Number: 20080417-0031.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 6, 2008.

    Docket Numbers: ER08-830-000.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc submits revised tariff sheet
reflecting a proposed revision of Market Rule related to the Day-Ahead
Load Response Program.
    Filed Date: 04/15/2008.
    Accession Number: 20080417-0027.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 6, 2008.

    Docket Numbers: ER08-833-000.
    Applicants: Progress Energy Service Company.
    Description: Progress Energy Services Co et al. submits an executed
230 kV Facilities Interconnection Agreement with Florida Power Corp.
    Filed Date: 04/16/2008.
    Accession Number: 20080417-0029.
    Comment Date: 5 p.m. Eastern Time on Wednesday, May 7, 2008.

    Docket Numbers: ER08-834-000.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc's proposed
amendments to certain Market Power Mitigation Measures set forth in
Attachment H to its Market Administration and Control Area Services
Tariff etc.
    Filed Date: 04/16/2008.
    Accession Number: 20080417-0033.
    Comment Date: 5 p.m. Eastern Time on Wednesday, May 7, 2008.

    Docket Numbers: ER08-835-000.
    Applicants: Polytop Corporation.
    Description: Polytop Corporation submits Petition for Acceptance of
Initial Tariff, Waivers and Blanket Authority.
    Filed Date: 04/16/2008.
    Accession Number: 20080417-0028.
    Comment Date: 5 p.m. Eastern Time on Wednesday, May 7, 2008.
    Take notice that the Commission received the following open access
transmission tariff filings:
    Docket Numbers: OA07-25-003.
    Applicants: DUKE ENERGY CAROLINAS, LLC.
    Description: Order No. 890 Penalty Refund Report OATT Filing of
DUKE ENERGY CAROLINAS, LLC.
    Filed Date: 04/16/2008.
    Accession Number: 20080417-5029.
    Comment Date: 5 p.m. Eastern Time on Wednesday, May 7, 2008.

    Docket Numbers: OA07-113-001.
    Applicants: Public Service Company of New Mexico.
    Description: Public Service Company of New Mexico submits First
Revised Sheet 135 et al. to Second Revised Volume 6 Open Access
Transmission Tariff.
    Filed Date: 04/11/2008.
    Accession Number: 20080417-0038.
    Comment Date: 5 p.m. Eastern Time on Friday, May 2, 2008.
    Docket Numbers: OA08-106-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits the FPA Section 206 Compliance Filing of Non-Rate Terms and
Conditions as set forth in Order 890-A.
    Filed Date: 04/15/2008.
    Accession Number: 20080417-0037.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 6, 2008.
    Docket Numbers: OA08-12-001; OA08-62-001.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corp. submits
compliance filing to comply with Order 890 and 890-Ader OA08-12 et al.
    Filed Date: 04/15/2008.
    Accession Number: 20080417-0036.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 6, 2008.
    Docket Numbers: OA08-107-000.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc. submits
compliance filing like the NYISO's 10/11/07 compliance filing proposes
certain revisions to response to Order 890 October 11, filing etc.
    Filed Date: 04/15/2008.
    Accession Number: 20080417-0035.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 6, 2008.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
 [FR Doc. E8-8785 Filed 4-22-08; 8:45 am]

BILLING CODE 6717-01-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C.  20460

								OFFICE OF

 PREVENTION, PESTICIDES

AND TOXIC SUBSTANCES

MEMORANDUM

Date:  		September 8, 2009

SUBJECT:	Tribenuron Methyl.  Chronic Dietary (Food and Drinking Water) Exposure Assessment for the Petition Proposing Tolerances for Residues in/on Corn and Soybean.

PC Code:  	128887	DP Number:	D365813

Decision No.:	400410	Registration No.:	352-632

Petition Nos.:	8F7432 and 8F7441	Regulatory Action:	Section 3

Assessment Type:	Dietary	Registration Case No.:	None

TXR No.:	None	CAS No.:	101200-48-0

MRID No.:	None	40 CFR:	§180.451

FROM:	Breann Hanson, Biologist

Alternative Risk Integration and Assessment (ARIA) Team

Risk Integration Minor Use and Emergency Response Branch 			 (RIMUERB)/Registration Division (RD; 7505P)

THROUGH:   William Cutchin, Acting Senior Branch Scientist

		ARIA Team

RIMERB/RD; 7505P

AND

Douglas Dotson, Ph.D., Chemist

Julie Van Alstine, MPH, Environmental Health Scientist

		Dietary Exposure Science Advisory Council (DESAC)

		Health Effects Division (HED; 7509P)

TO:		Breann Hanson, Biologist

ARIA Team

RIMUERB/RD; 7505P

	Barbara Madden/Susan Stanton

	RIMUERB/RD; 7505P

Executive Summary

The purpose of this memorandum is to report the results of a chronic dietary (food + drinking water) exposure analysis for the sulfonylurea herbicide tribenuron methyl (methyl-2-[[[[[4-methoxy-6-methyl-1,3,5-triazin-2-yl] methylamino] carbonyl] amino] sulfonyl] benzoate).  In this analysis, the chronic dietary exposure and risk estimates resulting from food and water intake were determined for the general U.S. population and various population subgroups.

(DEEM-FCID™, Version 2.03) which uses food consumption data from the U.S. Department of Agriculture’s (USDA’s) Continuing Surveys of Food Intakes by Individuals (CSFII) from 1994-1996 and 1998.  This analysis was performed to support two E.I. du Pont de Nemours and Company (DuPont™) requests proposing Section 3 registrations for the use of Express® Herbicide (EPA Reg. No. 352-632), a water-soluble granule (SG) formulation containing 50% of the active ingredient (ai) tribenuron methyl, for use in/on OPTIMUM®GAT® tolerant field corn (PP#8E7441) and soybeans (PP#8E7432) for pre-plant, post-emergence, and post-harvest control of certain annual grasses and broadleaf weeds at a maximum single (and seasonal) use rate of 0.03125 pounds of ai per acre (lb ai/A).  The label specifies pre-harvest intervals (PHIs) of 7 days for field corn commodities, and 14 days for soybean forage and hay.

In calculating dietary risk estimates, ARIA has compared the chronic population-adjusted dose (cPAD) to the respective estimated dietary exposures.  Typically, ARIA and HED have concerns regarding dietary risk when the estimates exceed 100% of the cPAD.  With the conservative assumptions noted below, risk estimates associated with dietary exposure to tribenuron-methyl are significantly below ARIA’s and HED’s level of concern.

 Acute Dietary (Food + Drinking Water) Exposure Results and Characterization

There was no appropriate endpoint for assessing acute dietary exposure; therefore, no acute dietary risk assessment was performed.

Chronic Dietary (Food + Drinking Water) Exposure Results and Characterization

An unrefined chronic dietary analysis for tribenuron-methyl was conducted using existing and ARIA-proposed tolerance levels, 100% crop-treated (%CT), and DEEM (Version 7.81) default processing factors (PFs).  An empirical PF of 0.07x was used for soybean, oil.  Drinking water was incorporated directly into the dietary assessment using the chronic concentration for groundwater generated by the Screening Concentration in Ground Water (SCI-GROW;Version 2.3) Model at 6.8 ppb.  The results of the analysis indicate that chronic risk from the dietary (food + drinking water) exposure to tribenuron-methyl will not exceed ARIA’s level of concern for the general U.S. population, and all population subgroups.  The chronic dietary risk estimate for the highest reported exposed population subgroup, all infants (<1 year old), is <8% of the cPAD.  The general U.S. population utilizes <4% of the cPAD.

Cancer Exposure Results and Characterization

Tribenuron-methyl is classified as a possible human carcinogen.  A separate assessment of cancer risk was not necessary, however, because the chronic dietary risk assessment is protective of any potential risk of carcinogenicity.

I.	Introduction

Dietary risk assessment incorporates both exposure and toxicity of a given pesticide.  For acute and chronic assessments, the risk is expressed as a percentage of a maximum acceptable dose (i.e., the dose which ARIA has concluded will result in no unreasonable adverse health effects).  This dose is referred to as the population adjusted dose (PAD).  The PAD is equivalent to point of departure (PoD, NOAEL, LOAEL, e.g.) divided by the required uncertainty or safety factors.

For acute and non-cancer chronic exposures, ARIA is concerned when estimated dietary risk exceeds 100% of the PAD.  ARIA is generally concerned when estimated cancer risk exceeds one in one million (i.e., the risk exceeds 1 x 10-6).  References which discuss the acute and chronic risk assessments in more detail are available on the EPA/pesticides web site:  “Available Information on Assessing Exposure from Pesticides, A User’s Guide,” 6/21/2000, web link:      HYPERLINK "http://www.epa.gov/fedrgstr/EPA-PEST/2000/July/Day-12/6061.pdf"  http://www.epa.gov/fedrgstr/EPA-PEST/2000/July/Day-12/6061.pdf ; or see SOP 99.6 (8/20/1999).

The most recent dietary risk assessment for tribenuron-methyl was conducted by HED (DP#: 332685, D. Dotson, 12/6/2006).

II.	Residue Information

Tolerances:  Permanent tolerances are established for residues of tribenuron methyl at levels ranging from 0.02 ppm in/on cotton and canola commodities to 0.5 ppm in/on wheat hay (40CFR §180.451[a] and [c]).  Tolerances have also been established at 0.05 ppm in/on field corn forage, grain, and stover.

Residue of Concern:  HED previously concluded that the residue of concern in plants and drinking water is tribenuron methyl only.

Recommended Tolerances:  As part of the current petitions (PP#8E7432 and PP#8E7441), ARIA recommends (DP#: 360846, W. Drew, 9/2009) for the permanent tolerances noted below for residues of tribenuron-methyl, including its metabolites and degradates, under 40 CFR 180.451:

Soybean, hay	0.35 ppm

Soybean, forage	0.07 ppm

Soybean, seed	0.01 ppm

Soybean, hulls	0.04 ppm

Corn, field, grain	0.01 ppm

Corn, field, forage	0.15 ppm

Corn, field, stover	1.1 ppm

Grain, aspirated fractions	1.5 ppm

The above noted tolerances will amend any tolerances currently noted in 40 CFR 180.451 for the subject commodity.

Residue Data Used for Chronic Assessment:  For this analysis existing and ARIA-recommended tolerance levels, as well as 100% CT for all commodities, were used.  The only 2 processed commodities in the assessment are corn, syrup and soybean, oil.  The DEEM (Version 7.81) default PF of 1.5x was used for corn syrup; an empirical PF of 0.07x was used for soybean, oil (DP#: 360846, W. Drew, 9/2009).  Based on recalculated maximum reasonably balanced diets (MRDBs) on livestock, and available metabolism studies, finite residues of tribenuron methyl are not expected to occur in cattle, goat, horse, sheep or hog commodities.  Finite residues are also not expected to occur in eggs, poultry meat, or poultry fat.

III.	Drinking Water Data

™ into the food categories “water, direct, all sources” and “water, indirect, all sources.”

The Food Quality Protection Act (FQPA) Index Reservoir Screening Tool (FIRST; Version 1.1.0) and SCI-GROW (Version 2.3) Models were used to predict the estimated drinking water concentrations (EDWCs) in surface and groundwater, respectively, for aerial applications on OPTIMUM® GAT corn and soybean.  While the product label allows for up to three applications per growing season with the total amount of active ingredient applied not to exceed 0.063 lb. ai/A, for modeling purposes the number of applications was limited to once per year.  EFED assumed that the more conservative model EDWCs would be achieved by using a single application at the maximum application rate.  The chronic EDWCs as predicted by the FIRST Model ranged from 0.76 – 0.86 ppb.  The groundwater EDWCs as predicted by the SCI-GROW Model was 4.95E-03 ppb.  These EDWCs are lower than the EDWCs derived in an October 2006 drinking water assessment completed by EFED for use on sunflower, cotton, field corn, sorghum, soybean, canola, flax, and rice.  Modeling was based on a use rate of three aerial applications of 0.015 lb ai/A, 14 days apart.  In that assessment the acute and chronic surface water EDWCs predicted by the FIRST Model were 4.1 ppb and 2.7 ppb, respectively; groundwater acute and chronic EDWCs as predicted by the SCI-GROW Model was 6.8 ppb.  Therefore, EFED recommends using the 2006 groundwater chronic EDWCs of 6.8 ppb to predict potential health risks associated with tribenuron-methyl concentrations in surface and groundwater.

.	DEEM-FCID™ Program and Consumption Information

The tribenuron-methyl chronic dietary exposure assessment was conducted using the DEEM-FCID™, which incorporates consumption data from USDA’s CSFII, 1994-1996 and 1998.  The 1994-96, 1998 data are based on the reported consumption of more than 20,000 individuals over two non-consecutive survey days.  Foods “as consumed” (e.g., apple pie) are linked to EPA-defined food commodities (e.g. apples, peeled fruit - cooked; fresh or N/S; baked; or wheat flour - cooked; fresh or N/S, baked) using publicly available recipe translation files developed jointly by USDA/ARS and EPA.  For chronic exposure assessment, consumption data are averaged for the entire U.S. population and within population subgroups, but for acute exposure assessment are retained as individual consumption events.

Based on analysis of the 1994-96, 1998 CSFII consumption data, which took into account dietary patterns and survey respondents, HED concluded that it is most appropriate to report risk for the following population subgroups: the general U.S. population, all infants (<1 year old), children 1-2, children 3-5, children 6-12, youth 13-19, adults 20-49, females 13-49, and adults 50+ years old.

For chronic dietary exposure assessment, an estimate of the residue level in each food or food-form (e.g., orange or orange juice) on the food commodity residue list is multiplied by the average daily consumption estimate for that food/food form to produce a residue intake estimate.  The resulting residue intake estimate for each food/food form is summed with the residue intake estimates for all other food/food forms on the commodity residue list to arrive at the total average estimated exposure.  Exposure is expressed in mg/kg body weight/day and as a percent of the cPAD.  This procedure is performed for each population subgroup.

V.	Toxicological Information

HED has previously agreed upon the doses and endpoints for use in human health risk assessments for tribenuron-methyl; a discussion of the toxicology and endpoint selection for tribenuron methyl can be found in the TRED document (DP#: 301595, R. Griffin, 6/23/2004).  The chronic dietary (food and water) risk assessment is based on the NOAEL of 0.8 mg/kg/day from a one-year dog study that demonstrated elevated bilirubin blood levels, elevated AST blood levels, increased urinary volume, and a reduction in body weight observed at the LOAEL of 8 mg/kg/day.  As no acute toxicological effects have been associated with a single oral exposure to tribenuron-methyl, an acute dietary endpoint and dose for risk assessment were not identified.  Tribenuron methyl is classified as a possible human carcinogen; however, a separate assessment of cancer risk is not necessary because the chronic dietary risk assessment is protective of any potential risk of carcinogenicity.

The doses relevant to dietary exposure are summarized in Table 1, below.

Table 1.  Summary of Toxicological Doses and Endpoints for Tribenuron-methyl for Use in Dietary Risk Assessments

Exposure/

Scenario	POD	Uncertainty/

FQPA Safety Factors	RfD, PAD, Level of Concern for Risk Assessment	Study and Toxicological Effects

Acute Dietary (All Populations)	N/A	N/A	N/A	No appropriate endpoint was identified.  Therefore, this risk assessment is not required.

Chronic Dietary (All Populations)	NOAEL = 0.8 mg/kg/day

	UFA=10X

UFH=10X

FQPA SF=1X

	Chronic RfD = 0.008 mg/kg/day

cPAD = cRfD ÷ FQPA SF = 0.008 mg/kg/day

Chronic Dog

LOAEL = 8.2 mg/kg/day (in males) based on elevated bilirubin, AST, increased urinary volume, and 20% reduction in body weight gain.

Cancer (oral, dermal, inhalation)	Tribenuron methyl is classified as a possible human carcinogen.  A separate assessment of cancer risk is not necessary, however, because the chronic dietary risk assessment is protective of any potential risk of carcinogenicity.

Point of Departure (POD) = A data point or an estimated point that is derived from observed dose-response data and  used to mark the beginning of extrapolation to determine risk associated with lower environmentally relevant human exposures.  NOAEL = no observed adverse effect level.  LOAEL = lowest observed adverse effect level.  UF = uncertainty factor.  UFA = extrapolation from animal to human (interspecies).  UFH = potential variation in sensitivity among members of the human population (intraspecies).  FQPA SF = FQPA Safety Factor.  PAD = population adjusted dose (a = acute, c = chronic). RfD = reference dose.  N/A = not applicable.

VI.	Results/Discussion

As stated above, for chronic dietary assessments, ARIA and HED are concerned when dietary risk exceeds 100% of the cPAD.  The DEEM-FCID( analyses estimate the dietary exposure of the U.S. population and various population subgroups.  The results reported in Table 2 (below) are for the general U.S. population (total), all infants <1, children 1-2, children 3-5, children 6-12, youths 13-19, females 13-49, adults 20-49, and adults 50+ years old for chronic exposure.

using the DEEM-FCID™ software are below ARIA’s and HED’s level of concern for the U.S. population and each of the population subgroups.  Chronic dietary exposure utilized < 4% of the cPAD for the U.S. population. Chronic dietary exposure for the highest reported exposed population subgroup, all infants (<1 year old), utilized < 8% of the cPAD.

The results of the chronic dietary exposure analysis are reported in the Summary Table (Table 2, below).

Table 2.  Summary of Dietary (Food and Drinking Water) Exposure and Risk for Tribenuron Methyl.

Population Subgroup1	DEEM Acute Dietary Analysis,

95th Percentile	DEEM Chronic Dietary Analysis

	Exposure (mg/kg/day)	% aPAD	Exposure (mg/kg/day)	% cPAD

General U.S. Population

NA 2

	0.000275	3.4

All Infants (< 1 year old)

0.000616	7.7

Children 1-2 years old

0.000516	6.5

Children 3-5 years old

0.000501	6.3

Children 6-12 years old

0.000348	4.3

Youth 13-19 years old

0.000237	3.0

Adults 20-49 years old

0.000244	3.1

Adults 50+ years old

0.000222	2.8

Females 13-49 years old

0.000233	2.9

1 Values for the population with the highest risk for each type of risk assessment are bolded.

2 NA = Not Applicable; no acute dietary endpoint was identified for these population subgroups.

VII.	Characterization of Inputs/Outputs

Very conservative assumptions were made in this chronic dietary exposure analysis.  Residues in foods were assumed to be equivalent to the tolerance levels.  Tolerance level residues should always exceed the residue levels found on food commodities at the time of consumption.  When field trials are performed, the maximum allowable application rate is used and crops are harvested at the minimum PHI.  Samples are stored frozen until analysis to ensure minimal degradation of residues.  In actual practice, however, growers will not usually use the maximum application rates for economic reasons.  In addition, most crops are not harvested and immediately stored frozen.  A conservative residue value was used for drinking water as well.  The groundwater value used was a conservative, unrefined value and was higher than the estimated surface water concentrations that were generated.  For these reasons, ARIA and HED are confident that this analysis does not underestimate dietary risk to the general U.S. population or any population subgroup.

VII.	Conclusions

Based on the conservative assumptions noted above, dietary risk estimates for tribenuron-methyl do not exceed ARIA’s or HED’s level of concern for the general U.S. population, or any of the population subgroups, including those comprised of infants and children.

VIII.	List of Attachments

Attachment 1:  Chronic Food plus Water Residue Input File

Attachment 2:  Chronic Results File

Attachment 1:  Chronic Food plus Water Residue Input File

U.S. Environmental Protection Agency                                 Ver. 2.00

DEEM-FCID Chronic analysis for TRIBENURON                         1994-98 data

Residue file: C:\Documents and Settings\bhanson\My Documents\Breann's Work\Aria\Tribenuron\8F7432\FINALS\128887.R98

                                                           Adjust. #2 NOT used

Analysis Date 08-25-2009             Residue file dated: 08-25-2009/12:37:48/8

Reference dose (RfD) = 0.008 mg/kg bw/day

Comment:PP#: 8F7432 and 8F7441 (8/2009)

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

Food Crop                                       Residue       Adj.Factors      Comment

EPA Code  Grp  Food Name                          (ppm)

                                                             #1         #2

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

15000250 15   Barley, pearled barley             0.050000   1.000      1.000

15000251 15   Barley, pearled barley-babyfood    0.050000   1.000      1.000

15000260 15   Barley, flour                      0.050000   1.000      1.000

15000261 15   Barley, flour-babyfood             0.050000   1.000      1.000

15000270 15   Barley, bran                       0.050000   1.000      1.000

15001200 15   Corn, field, flour                 0.010000   1.000      1.000   PP# 8E

  Full comment: PP# 8E7441

15001201 15   Corn, field, flour-babyfood        0.010000   1.000      1.000   PP# 8E

  Full comment: PP# 8E7441

15001210 15   Corn, field, meal                  0.010000   1.000      1.000   PP# 8E

  Full comment: PP# 8E7441

15001211 15   Corn, field, meal-babyfood         0.010000   1.000      1.000   PP# 8E

  Full comment: PP# 8E7441

15001220 15   Corn, field, bran                  0.010000   1.000      1.000   PP# 8E

  Full comment: PP# 8E7441

15001230 15   Corn, field, starch                0.010000   1.000      1.000   PP# 8E

  Full comment: PP# 8E7441

15001231 15   Corn, field, starch-babyfood       0.010000   1.000      1.000   PP# 8E

  Full comment: PP# 8E7441

15001240 15   Corn, field, syrup                 0.010000   1.500      1.000   PP# 8E

  Full comment: PP# 8E7441

15001241 15   Corn, field, syrup-babyfood        0.010000   1.500      1.000   PP# 8E

  Full comment: PP# 8E7441

15001250 15   Corn, field, oil                   0.010000   1.000      1.000   PP# 8E

  Full comment: PP# 8E7441

15001251 15   Corn, field, oil-babyfood          0.010000   1.000      1.000   PP# 8E

  Full comment: PP# 8E7441

95001280 O    Cottonseed, oil                    0.020000   1.000      1.000

95001281 O    Cottonseed, oil-babyfood           0.020000   1.000      1.000

20001630 20   Flaxseed, oil                      0.020000   1.000      1.000

15002310 15   Oat, bran                          0.050000   1.000      1.000

15002320 15   Oat, flour                         0.050000   1.000      1.000

15002321 15   Oat, flour-babyfood                0.050000   1.000      1.000

15002330 15   Oat, groats/rolled oats            0.050000   1.000      1.000

15002331 15   Oat, groats/rolled oats-babyfood   0.050000   1.000      1.000

20003190 20   Rapeseed, oil                      0.020000   1.000      1.000

20003191 20   Rapeseed, oil-babyfood             0.020000   1.000      1.000

15003230 15   Rice, white                        0.050000   1.000      1.000

15003231 15   Rice, white-babyfood               0.050000   1.000      1.000

15003240 15   Rice, brown                        0.050000   1.000      1.000

15003241 15   Rice, brown-babyfood               0.050000   1.000      1.000

15003250 15   Rice, flour                        0.050000   1.000      1.000

15003251 15   Rice, flour-babyfood               0.050000   1.000      1.000

15003260 15   Rice, bran                         0.050000   1.000      1.000

15003261 15   Rice, bran-babyfood                0.050000   1.000      1.000

15003440 15   Sorghum, grain                     0.050000   1.000      1.000

15003450 15   Sorghum, syrup                     0.050000   1.000      1.000

06003470 6    Soybean, seed                      0.010000   1.000      1.000   PP# 8E

  Full comment: PP# 8E7432

06003480 6    Soybean, flour                     0.010000   1.000      1.000   PP# 8E

  Full comment: PP# 8E7432

06003481 6    Soybean, flour-babyfood            0.010000   1.000      1.000   PP# 8E

  Full comment: PP# 8E7432

06003490 6    Soybean, soy milk                  0.010000   1.000      1.000   PP# 8E

  Full comment: PP# 8E7432

06003491 6    Soybean, soy milk-babyfood or in   0.010000   1.000      1.000   PP# 8E

  Full comment: PP# 8E7432

06003500 6    Soybean, oil                       0.010000   0.070      1.000   PP# 8E

  Full comment: PP# 8E7432

06003501 6    Soybean, oil-babyfood              0.010000   0.070      1.000   PP# 8E

  Full comment: PP# 8E7432

20003640 20   Sunflower, seed                    0.050000   1.000      1.000

20003650 20   Sunflower, oil                     0.050000   1.000      1.000

20003651 20   Sunflower, oil-babyfood            0.050000   1.000      1.000

86010000 O    Water, direct, all sources         0.006800   1.000      1.000

86020000 O    Water, indirect, all sources       0.006800   1.000      1.000

15004010 15   Wheat, grain                       0.050000   1.000      1.000

15004011 15   Wheat, grain-babyfood              0.050000   1.000      1.000

15004020 15   Wheat, flour                       0.050000   1.000      1.000

15004021 15   Wheat, flour-babyfood              0.050000   1.000      1.000

15004030 15   Wheat, germ                        0.050000   1.000      1.000

15004040 15   Wheat, bran                        0.050000   1.000      1.000

15004050 15   Wild rice                          0.050000   1.000      1.000

Attachment 2:  Chronic Results File

U.S. Environmental Protection Agency                                 Ver. 2.00

DEEM-FCID Chronic analysis for TRIBENURON                       (1994-98 data)

Residue file name: C:\Documents and Settings\bhanson\My Documents\Breann's Work\Aria\Tribenuron\8F7432\FINALS\128887.R98

                                                 Adjustment factor #2 NOT used.

Analysis Date 08-25-2009/12:38:29     Residue file dated: 08-25-2009/12:37:48/8

Reference dose (RfD, Chronic) = .008 mg/kg bw/day

COMMENT 1: PP#: 8F7432 and 8F7441 (8/2009)

======================================================================== =======

                    Total exposure by population subgroup

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

                                                    Total Exposure

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

          Population                         mg/kg             Percent of

           Subgroup                       body wt/day             Rfd

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

U.S. Population (total)                     0.000275                 3.4%

U.S. Population (spring season)             0.000276                 3.4%

U.S. Population (summer season)             0.000284                 3.5%

U.S. Population (autumn season)             0.000269                 3.4%

U.S. Population (winter season)             0.000270                 3.4%

Northeast region                            0.000268                 3.3%

Midwest region                              0.000279                 3.5%

Southern region                             0.000258                 3.2%

Western region                              0.000302                 3.8%

Hispanics                                   0.000300                 3.7%

Non-hispanic whites                         0.000268                 3.4%

Non-hispanic blacks                         0.000264                 3.3%

Non-hisp/non-white/non-black                0.000350                 4.4%

All infants (< 1 year)                      0.000616                 7.7%

Nursing infants                             0.000248                 3.1%

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Non-nursing infants                         0.000755                 9.4%

Children 1-6  yrs                           0.000497                 6.2%

Children 7-12 yrs                           0.000331                 4.1%

Females 13-19 (not preg or nursing)         0.000217                 2.7%

Females 20+ (not preg or nursing)           0.000231                 2.9%

Females 13-50 yrs                           0.000244                 3.1%

Females 13+ (preg/not nursing)              0.000250                 3.1%

Females 13+ (nursing)                       0.000320                 4.0%

Males 13-19 yrs                             0.000256                 3.2%

Males 20+ yrs                               0.000241                 3.0%

Seniors 55+                                 0.000220                 2.8%

Children 1-2 yrs                            0.000516                 6.5%

Children 3-5 yrs                            0.000501                 6.3%

Children 6-12 yrs                           0.000348                 4.3%

Youth 13-19 yrs                             0.000237                 3.0%

Adults 20-49 yrs                            0.000244                 3.1%

Adults 50+ yrs                              0.000222                 2.8%

Females 13-49 yrs                           0.000233                 2.9%

Tribenuron methyl	                                                Dietary Assessment                                  DP#:  365813

 PAGE

Page  PAGE   10  of 10


[Federal Register Volume 82, Number 176 (Wednesday, September 13, 2017)]
[Rules and Regulations]
[Pages 42941-42943]
[FR Doc No: 2017-19399]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0838]
RIN 1625-AA00

Safety Zone; Tennessee River, Knoxville, TN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of the Tennessee River extending from mile marker
(MM) 646.8 to MM 647.0. This action is necessary to provide for the
safety of life on the navigable waters near Knoxville, TN, during the
University of Tennessee Football Season recurring fireworks displays.
Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port Sector Ohio Valley
(COTP) or a designated representative.

DATES: This rule is effective without actual notice from September 13,
2017 through 11 p.m. on November 25, 2017. For the purposes of
enforcement, actual notice will be used from September 8, 2017 through
September 13, 2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0838 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Petty Officer Vera Max, Marine
Safety Detachment Nashville, U.S. Coast Guard; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio Valley
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. We must
establish this safety zone by September 9, 2017 and lack sufficient
time to provide a reasonable comment period and then consider those
comments before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making it effective less than 30 days after publication in
the Federal Register. Delaying this rule would be contrary to public
interest in ensuring the safety of spectators and vessels during the
event because immediate action is necessary to prevent possible loss of
life and property. Broadcast Notices to Mariners (BNM) and information
sharing with the waterway users will update mariners of the
restrictions, requirements and enforcement times during this temporary
situation.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Sector Ohio Valley (COTP) has determined
that potential hazards associated with the recurring fireworks displays
from 3:30 p.m. on September 9, 2017 through 11 p.m. on November 25,
2017 will be a safety concern for all navigable waters of the Tennessee
River extending from Mile Marker (MM) 646.8 to MM 647.0. The purpose of
this rule is to ensure safety of life on the navigable waters in the
temporary safety zone before, during, and after the University of
Tennessee Football Season Fireworks Displays.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone during each
University of Tennessee football home game during the 2017 season that
will have a fireworks display. The temporary safety zone will cover all
navigable waters of the Tennessee River extending from MM 646.8 to MM
647.0. Transit into and through this area is prohibited from 30 minutes
before kickoff until the end of each game. The first game will be on
September 9, 2017 at 4 p.m. The safety zone will be enforced from 3:30
p.m. through the end of the game at approximately 8 p.m. The second
game

will be on September 23, 2017 at 4 p.m. The remaining home game dates
are September 30, October 14, November 4, 18, and 25. Game times will
be announced approximately two weeks prior and a Local Notice to
Mariners will be issued to advise waterway users of the schedule as it
is determined. The duration of the temporary safety zone is intended to
ensure the safety of life, vessels, and these navigable waters before,
during, and after the scheduled fireworks display. No vessel or person
will be permitted to enter the temporary safety zone without obtaining
permission from the COTP or a designated representative. Entry requests
will be considered and reviewed on a case-by-case basis. The COTP may
be contacted by telephone at 1-800-253-7475 or can be reached by VHF-FM
channel 16. Public notifications will be made to the local maritime
community prior to the event through the Local Notice to Mariners and
Broadcast Notice to Mariners.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-year of the temporary safety zone. The
temporary safety zone will be in effect for approximately 4 and-a-half
hours and only on Saturdays during the University of Tennessee football
season. The temporary safety zone covers an area of the waterway
stretching less than one mile. The Coast Guard expects minimum adverse
impact to mariners from the temporary safety zone activation as the
game times will have been advertised to the public. Also, mariners may
request authorization from the COTP or a designated representative to
transit the temporary safety zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 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.
    While some owners or operators of vessels intending to transit the
special local regulation may be small entities, for the reasons stated
in section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
    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
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 have
determined that it is consistent with the fundamental Federalism
principles and preemption requirements described in Executive Order
13132.
    Also, 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. If
you believe this rule has implications for Federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. 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 expenditure, we do discuss the effects of this rule elsewhere in
this preamble.

F. 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 (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 special local regulated area that would prohibit entry to
unauthorized vessels. It is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A
Record of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES.

G. 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.

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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1

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2. Add Sec.  165.T08-0838 to read as follows:

Sec.  165.T08-0838  Safety zone; Tennessee River, Knoxville, TN.

    (a) Location. The following area is a temporary safety zone area:
all navigable waters of the Tennessee River between Mile Marker (MM)
646.8 and MM 647.0, Knoxville, TN.
    (b) Effective period. This section will be enforced from 3:30 p.m.
on September 9, 2017 through 11 p.m. on November 25, 2017.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into this zone is prohibited unless
specifically authorized by the Captain of the Port Sector Ohio Valley
(COTP) or a designated representative. Persons or vessels desiring to
enter into or pass through the zone must request permission from the
COTP or a designated representative. They may be contacted on VHF-FM
radio channel 16 or telephone at 1-800-253-7465
    (2) Persons and vessels permitted to enter this safety zone must
transit at the slowest safe speed and comply with all lawful directions
issued by the COTP or a designated representative.
    (d) Informational broadcasts. The COTP or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement period for the temporary safety zone as
well as any changes in the planned schedule.

    Dated: September 8, 2017.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2017-19399 Filed 9-12-17; 8:45 am]
 BILLING CODE 9110-04-P