[Federal Register: October 28, 2009 (Volume 74, Number 207)]
[Rules and Regulations]
[Page 55458-55463]
[DOCID:fr28oc09-10]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2007-1025; FRL-8434-5]

Cold Pressed Neem Oil; Exemption from the Requirement of a
Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of the biochemical pesticide, cold pressed
neem oil on all food commodities when applied/used on/in food
commodities. Plasma Power Limited of India submitted a petition to EPA
under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an
exemption from the requirement of a tolerance. This regulation
eliminates the need to establish a maximum permissible level for
residues of cold pressed neem oil.

DATES: This regulation is effective October 28, 2009. Objections and
requests for hearings must be received on or before December 28, 2009,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2007-1025. All documents in the
docket are listed in the docket index available at http://
www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Driss Benmhend, Biopesticides and
Pollution Prevention Division (7511P), Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American

Industrial Classification System (NAICS) codes have been provided to
assist you and others in determining whether this action might apply to
certain entities. If you have any questions regarding the applicability
of this action to a particular entity, consult the person listed under
FOR FURTHER INFORMATION CONTACT.

B. How Can I Access Electronic Copies of this Document?

    In addition to accessing electronically available documents at
http://www.regulations.gov, you may access this Federal Register
document electronically through the EPA Internet under the ``Federal
Register'' listings at http://www.epa.gov/fedrgstr. You may also access
a frequently updated electronic version of 40 CFR part 180 through the
Government Printing Office's e-CFR site at http://www.gpoaccess.gov/
ecfr. To access the OPPTS Harmonized Guidelines referenced in this
document, go directly to the guidelines at http://www.epa.gov/opptsfrs/
home/guidelin.htm.

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of FFDCA, 21 U.S.C. 346a, any person may file
an objection to any aspect of this regulation and may also request a
hearing on those objections. The EPA procedural regulations which
govern the submission of objections and requests for hearings appear in
40 CFR part 178. You must file your objection or request a hearing on
this regulation in accordance with the instructions provided in 40 CFR
part 178. To ensure proper receipt by EPA, you must identify docket ID
number EPA-HQ-OPP-2007-1025 in the subject line on the first page of
your submission. All requests must be in writing, and must be mailed or
delivered to the Hearing Clerk on or before December 28, 2009.
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit your copies, identified by docket ID
number EPA-HQ-OPP-2007-1025, by one of the following methods.
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.

II. Background and Statutory Findings

    In the Federal Register of November 2, 2007 (72 FR 62237) (FRL-
8153-8), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance
petition (PP 7F7249) by Plasma Power Limited of India, c/o OMC Ag
Consulting, 828 Tanglewood Lane, East Lansing, MI 48823. The petition
requested that 40 CFR part 180 be amended by establishing an exemption
from the requirement of a tolerance for residues of cold pressed neem
oil. The notice included a summary of the petition prepared by the
petitioner, Plasma Power Limited of India. One comment was received in
response to the notice of filing. The commenter objected to the
petition and expressed concerns about EPA's regulation of human
exposure to toxic chemicals. The Agency understands the commenter's
concerns regarding toxic chemicals and the potential effects to humans
when exposed to toxic chemicals. Pursuant to its authority under the
FFDCA, and as discussed further in this unit, EPA conducted a
comprehensive assessment of cold pressed neem oil, including a review
of acute toxicity, mutagenicity and developmental studies. Based on
these data, the Agency has concluded that there is a reasonable
certainty that no harm will result from dietary exposure to residues of
cold pressed neem oil when used in or on the food and feed commodities.
    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings, but does not include
occupational exposure. Pursuant to section 408(c)(2)(B) of FFDCA, in
establishing or maintaining in effect an exemption from the requirement
of a tolerance, EPA must take into account the factors set forth in
sections 408(b)(2)(C) and (D) of FFDCA, which require EPA to give
special consideration to exposure of infants and children to the
pesticide chemical residue in establishing a tolerance and to ``ensure
that there is a reasonable certainty that no harm will result to
infants and children from aggregate exposure to the pesticide chemical
residue. . . .'' Additionally, section 408(b)(2)(D) of FFDCA requires
that the Agency consider ``available information concerning the
cumulative effects'' of a particular pesticide's residues and ``other
substances that have a common mechanism of toxicity.''
    EPA performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. First, EPA determines the
toxicity of pesticides. Second, EPA examines exposure to the pesticide
through food, drinking water, and through other exposures that occur as
a result of pesticide use in residential settings.

III. Toxicological Profile

    Consistent with section 408(b)(2)(D) of FFDCA, EPA has reviewed the
available scientific data and other relevant information in support of
this action and considered its validity, completeness, and reliability
and the relationship of this information to human risk. EPA has also
considered available information concerning the variability of the
sensitivities of major identifiable subgroups of consumers, including
infants and children.
    Cold pressed neem oil is pressed directly from seeds of the neem
tree (azadirachta indica), which is a tropical evergreen tree native to
India and also found in other Southeast Asian and African countries.
Cold pressed neem oil has a brown color, a bitter taste and a garlic/
sulfur smell. A single seed may contain up to 50% oil by weight. Cold
pressed neem oil contains various compounds that have insecticidal and
medicinal properties. It is used in making shampoos, toothpaste, soaps,
cosmetics, mosquito repellants, creams, lotions, and pet products such
as pet shampoo. It also contains vitamin E, other essential amino acids
and some percentages of fatty acids. Cold pressed neem oil is used for
treating many skin diseases viz, eczema, psoriasis, skin allergies,
etc. and is being studied for

making contraceptives in India (DAI, 2009).
    Cold pressed neem oil is a mixture of several C26 terpenoids which
are naturally occurring organic compounds composed of a five-carbon
skeleton (simple terpenoids) or complex terpenoids with structures that
possess between 20 and 40 carbon atoms. Azadirachtin is the most common
terpenoid in cold pressed neem oil, the most thoroughly characterized
and is a federally registered active ingredient pesticide. Cold pressed
neem oil also contains steroids, fatty acids, and a number of essential
oils.
    Cold pressed neem oil has been used for hundreds of years in
controlling plant pests and diseases (DAI, 2009). Research has
demonstrated that the spray solution of cold pressed neem oil helps to
control common pests such as white flies, aphids, scales, mealy bugs,
spider mites, locusts, thrips, and Japanese beetles. Cold pressed neem
oil is also used as a fungicide and helps control powdery mildew. Data
submitted and reviewed by EPA show that cold pressed neem oil acts by
affecting the insect's growth, thus preventing the larval stage to molt
into an adult. It also acts as a repellent and feeding inhibitor by
leaving a very bitter taste on sprayed plants, making them very
distasteful for the insects to feed on.
    Based on all the data submitted and available in the literature,
the Agency determined that cold pressed neem oil and its components
have low toxicity via all routes of exposure. Moreover, EPA conducted
further modeling of potential residue on sprayed fruits and vegetables
with 100% cold pressed neem oil and concluded that residues of cold
pressed neem oil are very low and that these residues will decline
rapidly (details in Unit III.A.)
    All the data requirements to support a tolerance exemption were
fulfilled by the applicant. EPA concluded that the data are acceptable
and that no data gaps exist and no additional data are required. No
acute, subchronic, or chronic toxicity endpoints were identified in
guideline studies or in data obtained from the open technical
literature. Moreover, cold pressed neem oil is not a mutagen, and is
not a developmental toxicant. There are no known effects on endocrine
systems via oral, dermal, or inhalation exposure.
    1. Acute toxicity (OPPTS Harmonized Guideline 870.1100-870.2600).
Tier I toxicity data submitted and reviewed showed that cold pressed
neem oil is a Toxicity Category IV (low toxicity) compound via acute
oral and acute inhalation routes of exposure. Cold pressed neem oil is
in Toxicity Category III (slightly toxic) for acute dermal irritation.
Cold pressed neem oil is not an eye or skin irritant, and it is not a
dermal sensitizer.
    2. 90-Day oral feeding (OPPTS Harmonized Guideline 870.3100). To
address this data requirement, the applicant submitted data obtained
from the technical public literature in lieu of a guideline study. The
study showed that test animals did not exhibit any clinical signs of
toxicity that were statistically different from untreated controls.
There were no significant changes in body weight, serum liver damage
indicators, direct bilirubin and total bilirubin, or other blood
parameters during the 90-day study period. The 90-day oral feeding
LD50 is higher than 5,000 milligrams (mg) crude cold pressed
neem oil/kilogram (kg) body weight. Based on the review of this data,
EPA concluded that no subchronic oral toxicity is expected to occur
when this compound is used in accordance with good agricultural
practices.
    3. Tier I developmental toxicity (teratogenicity) (OPPTS Harmonized
Guideline 870.3500). Several technical public literature studies were
submitted in lieu of guideline studies to satisfy the developmental
toxicity data requirement.
    In vitro studies showed that cold pressed neem oil may inhibit the
development of two-cell mouse embryos (Juneja and Williams, 1993;
Juneja et al., 1994) and mouse sperm-egg interaction (Juneja and
Williams, 1993). Sharma et al. (1996) found that a cold pressed neem
oil fraction (designated NIM-76) placed in contact with cells in vitro
selectively killed human sperm but did not affect normal cells of
monkey kidney, human fetal lung, or peritoneal macrophages. In in vivo
studies, Upadhyay et al. (1990) found that a single intrauterine dose
of 100 [micro]L of cold pressed neem oil inhibited pre-implantation in
Wistar rats for up to 180 days. However, the effect was reversible, as
treated rats regained fertility and delivered normal litters within 5
months post-treatment. A later study (Kaushic and Upadhyay, 1995) in
rats showed that the anti-fertility effect of cold pressed neem oil was
localized and 100 [micro]L administered to one uterine horn produced
abnormal cleavage. Subcutaneous application of cold pressed neem oil to
cyclic rats produced significant damage to the luminal epithelium of
the uterus and to the uterine glands (Tewari et al., 1989). Glycogen
and total protein in the ovary and uterus were also decreased.
Ovariectomized rats administered cold pressed neem oil also showed
decreased glycogen and protein content in the uterus, but when cold
pressed neem oil was administered with or without estradiol
dipropionate or progesterone, there were no significant differences
between rats receiving cold pressed neem oil alone or in conjunction
with the hormones. Tewari et al. (1989) concluded that the histological
and biochemical changes seen were due to the toxicological potential of
the cold pressed neem oil rather than to hormonal properties.
Intravaginal application of a formulated product containing cold
pressed neem oil (praneem polyherbal cream) was an effective
contraceptive in rabbits up to 1 hour post-application, but was less
effective after 90 minutes and ineffective after 12 hours (Garg et al.,
1993). The conception rate of monkeys receiving the cream was only
2.27%. In a three-generation reproduction study (Chinnasamy et al.
(1993)) in which rats were fed a diet containing 10% cold pressed neem
oil or 10% groundnut oil, the results from both matings in all three-
generations did not show any adverse effects on the reproductive
parameters of rats fed cold pressed neem oil compared to groundnut oil.
No other toxicological effects were reported.
    Based on the in vitro and in vivo studies, and subcutaneous and
intravaginal applications of cold pressed neem oil, it seems that
developmental toxicity may occur when exposure to cold pressed neem oil
occurs by intravaginal, intrauterine, subcutaneous injection, or by
direct exposure to mammalian sperm and eggs in in vitro laboratory
studies. However, the three-generation study in rats fed cold pressed
neem oil in the diet demonstrates that chronic oral ingestion of food
commodities containing cold pressed neem oil residues will not result
in any mammalian developmental toxicity. Therefore, no developmental
toxicity is expected to occur from the use of cold pressed neem oil as
a pesticide.
    4. Mutagenicity testing (OPPTS Harmonized Guideline 870.5100,
870.5300, and 870.5375). The technical documents from the public
literature and the guideline study submitted, performed using the TGAI
as the test substance, showed no mutagenicity/genotoxicity effects.
    Cold pressed neem oil and its components are not structurally
related to known mutagens, nor do they belong to any chemical class of
compounds containing known mutagens. Humans are regularly exposed to
this substance via oral exposure (as a traditional folk medicinal
product) and dermal exposure (when used on skin and hair)

at levels that are significantly greater than that which would be
expected from the product as a pesticide under conditions of use. In
addition, an extensive literature search of several scientific
databases (i.e., ChemIDPlus, HSDB, Toxline, CCCRIS, DART, GENETOX,
IRIS, ITER, LactMed, Multi-Database, TRI, HazMap, Household Products,
TOXMAP and TOXNET) for the period 1980 to 2008 using cold pressed neem
oil as the search parameter was unable to locate any other data/
information regarding mutagenicity or genotoxicity of cold pressed neem
oil. As a result, EPA concludes that cold pressed neem oil is not
mutagenic or genotoxic.

IV. Aggregate Exposures

    In examining aggregate exposure, section 408 of FFDCA directs EPA
to consider available information concerning exposures from the
pesticide residue in food and all other non-occupational exposures,
including drinking water from ground water or surface water and
exposure through pesticide use in gardens, lawns, or buildings
(residential and other indoor uses).
    There is reasonable certainty that no harm to the U.S. population
will result from aggregate exposure to residues of 100% cold pressed
neem oil. This includes all exposures for which there is reliable
information. The Agency arrived at this conclusion based on the low
level of toxicity of cold pressed neem oil and the current use of cold
pressed neem oil on skin in traditional medicinal products, cosmetics,
and shampoos at levels that are substantially greater than that which
would be expected from the product as a pesticide under conditions of
use. The risks from aggregate exposure via oral, dermal and inhalation
exposure are a compilation of three low-risk exposure scenarios (oral,
dermal, and inhalation) and are negligible. Since there are no
threshold effects of concern, and no known toxic endpoints, the
provision requiring an additional margin of safety does not apply.
Therefore, the Agency has not used a margin of exposure (MOE) (safety)
approach to assess the safety of cold pressed neem oil.

A. Dietary Exposure

    1. Food. The most likely human exposure to cold pressed neem oil
will occur via dietary exposure (consumption) to treated fruits, seeds,
or leafy vegetables. EPA modeling (using the terrestrial exposure model
(T-REX; EPA, 2005) of potential residues of cold pressed neem oil
following terrestrial treatments indicated that following 12
consecutive applications of 100% cold pressed neem oil at 7-day
intervals, the maximum dietary residues present would be approximately
881 parts per million (ppm) on broadleaf plant foliage; and
approximately 98 ppm on fruits, pods, and seeds (see table below). The
modeling indicated that residues would decline rapidly between foliar
applications (approximately 245-440 ppm on broadleaf foliage; and 27-49
ppm on fruits, pods, and seeds) and following the final application
(see table below). As stated in Unit III.1. cold pressed neem oil is a
Toxicity Category IV for oral exposure (LD50 = >5,000 mg/
kg). The estimated maximum theoretical residues likely to be present on
edible commodities are 882 ppm. This residue level is approximately 5-
fold less than the highest doses used in acute and subchronic
laboratory testing (5,000 mg/kg) and approximately 20-fold less than
chronic laboratory testing (10% in the diet) at which no mortalities or
other signs of clinical toxicity were observed.
    Therefore, based on a lack of acute, subchronic, or chronic
toxicity in laboratory testing, estimated maximum residues that are
well below the doses used in laboratory testing, and the rapid
degradation of neem oil in the environment, it is highly unlikely that
that there will be any adverse effects to humans resulting from dietary
exposure to neem oil.

Estimated Cold Press Neem Oil Residues On Terrestrial Matrices Using The Terrestrial Exposure Model (T-Rex; EPA,
                                                      2005)
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                                                  Dietary-based Estimated Environmental Concentrations
          Terrestrial Matrix          --------------------------------------------------------------------------
                                        0 Days After Last App    86 Days After Last App  106 Days After Last App
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Edible Broadleaf Plant Folage                           881.20                     0.04                     0.00
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Fruits. Pods, and Seeds                                  97.91                     0.00                     0.00
----------------------------------------------------------------------------------------------------------------

    Moreover, humans are regularly exposed to this compound via
consumption of cold pressed neem oil medicinal products, and at levels
that are significantly greater than what would be expected from
pesticide applications. The Agency is not concerned about dietary
exposure because of the low toxicity of this active ingredient and the
history of its use without any reports of adverse effects.
    2. Drinking water exposure. No significant drinking water exposure
or residues are expected to result from the pesticidal usage of cold
pressed neem oil. The active ingredient is intended for use as a foliar
application on food commodities and not to be applied directly to water
or to areas where surface water is present. If used in accordance with
EPA-approved labeling, is not likely to accumulate in drinking water.
In the unlikely event that exposure via drinking water did occur from
accidental spraying, the health risk would be expected to be minimal,
based on the low acute oral toxicity and the long history of human
exposure to cold pressed neem oil without adverse effects. As a result,
dietary and drinking water exposure to residue of cold pressed neem oil
are expected to be minimal.

B. Other Non-Occupational Exposure

    There are no residential, school or day care uses proposed for this
product. Since the proposed use pattern is for all food commodities,
the potential for non-occupational, non-dietary exposures to cold
pressed neem oil by the general population, including infants and
children, is highly unlikely.
    1. Dermal exposure. Humans are regularly exposed to cold pressed
neem oil via dermal exposure when used on skin and hair at levels that
are significantly greater than that which would be expected from the
product use as a pesticide. Non-occupational dermal exposures to cold
pressed neem oil when used as a pesticide are expected to be negligible
because it is limited to agricultural use.
    2. Inhalation exposure. Non-occupational inhalation exposures to
cold pressed neem oil when used as a pesticide are expected to be
negligible because it is limited to agricultural use.

V. Cumulative Effects

    Section 408(b)(2)(D)(v) of the FFDCA requires that, when
considering whether to establish an exemption from a tolerance, the
Agency consider ``available information concerning the cumulative
effects of a [particular pesticide's residues] and other substances
that have a common mechanism of toxicity.'' These considerations
include the possible cumulative effects of such residues on infants and
children.
    EPA has considered the potential for cumulative effects of cold
pressed neem oil and other substances in relation to a common mechanism
of toxicity. However, because of its low toxicity to mammalian systems,
the Agency does not expect any cumulative or incremental effects from
exposure to residues of cold pressed neem oil when applied/used as
directed on the label and in accordance with good agricultural
practices.

VI. Determination of Safety for U.S. Population, Infants and Children

    There is reasonable certainty that no harm will result from
aggregate exposure to residues of cold pressed neem oil to the U.S.
population, infants, and children. This includes all anticipated
dietary exposures and all other exposures for which there is reliable
information. The Agency arrived at this conclusion based on the low
level of toxicity of cold pressed neem oil and the already widespread
human use and exposure to cold pressed neem oil without any reported
adverse effects on human health. The risks from aggregate exposure via
oral, dermal and inhalation exposure are a compilation of three low-
risk exposure scenarios and are negligible. Since there are no
threshold effects of concern, the provision requiring an additional
margin of safety does not apply. Moreover, cold pressed neem oil is
widely used in cosmetics (soap, hair products, hand creams, etc.),
traditional medicine (acne, fevers, rheumatism, diuretics,
inflammations, etc.), as an insect repellent and an insecticide, as a
nematicide and fungicide, and as a fertilizer. Humans have had frequent
physical contact with cold pressed neem oil with no negative health
effects. Therefore, the Agency has not used a MOE (safety) approach to
assess the safety of cold pressed neem oil.

VII. Other Considerations

A. Endocrine Disruptors

    EPA is required under section 408(p) of the FFDCA, as amended by
the Food Quality Protection Act (FQPA), to develop a screening program
to determine whether certain substances (including all pesticide active
and other ingredients) ``may have an effect in humans that is similar
to an effect produced by a naturally-occurring estrogen, or such other
endocrine effect as the Administrator may designate.''
    Cold pressed neem oil is not a known endocrine disruptor nor is it
related to any class of known endocrine disruptors. Thus, there is no
impact via endocrine-related effects on the Agency's safety finding set
forth in this final rule for cold pressed neem oil.

B. Analytical Methods

    Through this action, the Agency proposes to establish an exemption
from the requirement of a tolerance for cold pressed neem oil when used
on fruit and vegetable crops. For the same reasons that support the
granting of this tolerance exemption, the Agency has concluded that an
analytical method is not required for enforcement purposes for these
proposed uses of cold pressed neem oil.

C. Codex Maximum Residue Level

    There are no codex maximum residue levels established for cold
pressed neem oil.

VIII. Conclusions

    There are no human health concerns when end use products containing
the active ingredient cold pressed neem oil are applied according to
label use directions. The data submitted by the applicant and reviewed
by the Agency support the petition for an exemption from the
requirement of tolerances for cold pressed neem oil on food when the
product is applied/used as directed on the label and in accordance with
good agricultural practices. The toxicology data submitted are
sufficient to demonstrate that no foreseeable human health hazard is
likely to arise from the use of cold pressed neem oil.

 IX. Statutory and Executive Order Reviews

    This final rule establishes a tolerance under section 408(d) of
FFDCA in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993). Because this final rule has been
exempted from review under Executive Order 12866, this final rule is
not subject to Executive Order 13211, entitled Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997). This final rule does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it require any
special considerations under Executive Order 12898, entitled Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under section 408(d) of FFDCA, such as the tolerance in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
    This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled Federalism (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
Consultation and Coordination with Indian Tribal Governments (65 FR
67249, November 9, 2000) do not apply to this final rule. In addition,
this final rule does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Public Law 104-4).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).

X. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller

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

List of Subjects in 40 CFR Part 180

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

    Dated: October 15, 2009.
Keith A. Matthews,
Acting Director, Biopesticides and Pollution Prevention Division,
Office of Pesticide Programs.

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

PART 180--[AMENDED]

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

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

0
2. Section 180.1291 is added to subpart D to read as follows:

Sec.  180.1291   Cold pressed neem oil; exemption from the requirement
of a tolerance.

    Residues of the biochemical pesticide cold pressed neem oil are
exempt from the requirement of a tolerance in or on all food
commodities.
[FR Doc. E9-25455 Filed 10-27-09; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Notices]
[Page 33216]
[FR Doc No: 2018-15200]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER18-1990-000]

Supplemental Notice That Initial Market-Based Rate Filing
Includes Request for Blanket Section 204 Authorization: Stonepeak
Kestrel Energy Marketing LLC

    This is a supplemental notice in the above-referenced proceeding
Stonepeak Kestrel Energy Marketing LLC's application for market-based
rate authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is July 31, 2018.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
[email protected], or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: July 11, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-15200 Filed 7-16-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: July 17, 2009 (Volume 74, Number 136)]
[Notices]
[Page 34748-34749]
[DOCID:fr17jy09-48]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13494-000]

FFP Project 84, LLC; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

July 10, 2009.
    On May 22, 2009, FFP Project 84, LLC filed an application for a
preliminary permit, pursuant to section 4(f) of the Federal Power Act,
proposing to study the feasibility of the Twin Pond Hydrokinetic
Project, to be located on the Mississippi River, in Mississippi County,
Missouri and Carlisle County, Kentucky.
    The sole purpose of a preliminary permit, if issued, is to grant
the permit holder priority to file a license application during the
permit term. A preliminary permit does not authorize the permit holder
to perform any land

disturbing activities or otherwise enter upon lands or waters owned by
others without the owners' express permission.
    The proposed Twin Pond Hydrokinetic Project consists of: (1) 1, 901
proposed 40-kilowatt Free Flow generating units having a total
installed capacity of 76.04 megawatts; (2) a 2-mile-long, 69-kilovolt
transmission line; and (3) appurtenant facilities. The proposed Twin
Pond Hydrokinetic Project would have an average annual generation of
333 gigawatt-hours.
    Applicant Contact: Ramya Swaminathan, Vice President of
Development, Free Flow Power Corporation, 33 Commercial Street,
Gloucester, MA 01930; phone:<PHONE_NUMBER>.
    FERC Contact: Kim Carter,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp. More information about this project, including a copy of
the application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-13494) in the docket number field to access
the document. For assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-16987 Filed 7-16-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 247 (Thursday, December 27, 2018)]
[Notices]
[Page 66696]
[FR Doc No: 2018-27957]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL09-61-004]

Entergy Services, LLC; Notice of Filing

    Take notice that on December 17, 2018, Entergy Services, LLC
submitted a Compliance Refund Report providing the final calculation of
refunds due from Entergy Arkansas, Inc. to other Entergy Operating
Companies, pursuant to the Federal Energy Regulatory Commission's
October 18, 2018 Order.\1\
---------------------------------------------------------------------------

    \1\ La. Pub. Serv. Comm'n v. Entergy Corp., et al., 165 FERC ]
61,022 (October 18, 2018).
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    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). 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. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the website that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on January 7, 2019.

    Dated: December 18, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-27957 Filed 12-26-18; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: April 29, 2009 (Volume 74, Number 81)]
[Rules and Regulations]
[Page 19382-19385]
[DOCID:fr29ap09-3]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 748

[Docket No. 090415662-9687-01]
RIN 0694-AE61

Additions and Revisions to the List of Approved End-Users and
Respective Eligible Items for the People's Republic of China (PRC)
Under Authorization Validated End-User (VEU)

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: In this final rule, the Bureau of Industry and Security (BIS)
amends the Export Administration Regulations (EAR) to add a name to the
list of end-users for the People's Republic of China (PRC) approved to
receive exports, reexports and transfers of certain items under
Authorization Validated End-User (VEU). This rule also amends the EAR
to add and revise eligible items and destinations for existing VEU
authorizations. Specifically, this rule amends the EAR to authorize one
additional VEU and identify its respective eligible items for export
and reexport to the PRC. This rule also amends the authorizations of
two pre-existing VEUs in the PRC. Finally, this rule makes a
modification to the listed name of an existing VEU in the PRC. In a
final rule published in the Federal Register on June 19, 2007, BIS
revised and clarified U.S. export control policy for the PRC,
establishing Authorization VEU and identifying the PRC as the initial
eligible destination. In a final rule published in the Federal Register
on October 19, 2007, BIS published the names of the first five
validated end-users in the PRC that were approved to receive certain
specified items under Authorization VEU.

DATES: This rule is effective April 29, 2009. Although there is no
formal comment period, public comments on this regulation are welcome
on a continuing basis.

ADDRESSES: You may submit comments, identified by RIN 0694-AE61
(VEUPRCADE), by any of the following methods:
    E-mail<EMAIL_ADDRESS>Include ``RIN 0694-AE61
(VEUPRCADE)'' in the subject line of the message.
    Fax:<PHONE_NUMBER>. Please alert the Regulatory Policy Division,
by calling<PHONE_NUMBER>, if you are faxing comments.
    Mail or Hand Delivery/Courier: Sheila Quarterman, U.S. Department
of Commerce, Bureau of Industry and Security, Regulatory Policy
Division, 14th Street & Pennsylvania Avenue, NW., Room 2705,
Washington, DC 20230, Attn: RIN 0694-AE61 (VEUPRCADE).
    Send comments regarding the collection of information associated
with this rule, including suggestions for reducing the burden to
Jasmeet Seehra, Office of Management and Budget (OMB), by e-mail to
<EMAIL_ADDRESS>or by fax to<PHONE_NUMBER>. Comments on this
collection of information should be submitted separately from comments
on the final rule (i.e., RIN 0694-AE61 (VEUPRCADE))--all comments on
the latter should be submitted by one of the three methods outlined
above.

FOR FURTHER INFORMATION CONTACT: Karen Nies-Vogel, Chairman, End-User
Review Committee, Bureau of Industry and Security, U.S. Department of
Commerce, 14th Street & Pennsylvania Avenue, NW., Washington, DC 20230;
by telephone<PHONE_NUMBER>, or by e-mail to<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

Authorization Validated End-User (VEU): Additions and Modifications to
the List of Approved End-Users, Eligible Items and Destinations

    Consistent with U.S. Government policy to facilitate trade for
civilian end-users in the PRC, BIS amended the EAR in a final rule on
June 19, 2007 (72 FR 33646) by creating a new authorization for
``validated end-users'' (VEUs) located in eligible destinations to
which eligible items (commodities, software and technology, except
those controlled for missile technology or crime control reasons) may
be exported, reexported or transferred under a general authorization
instead of a license, in conformance with Section 748.15 of the EAR.
    Authorization VEU is a mechanism to facilitate increased high-
technology exports to companies in the PRC and India that have a record
of using such items responsibly. VEUs may obtain eligible items that
are on the Commerce Control List without having to wait for their
suppliers to obtain export licenses from BIS. A wide range of items are
eligible for shipment under Authorization VEU. In addition to U.S.
exporters, Authorization VEU may be used by foreign reexporters, and
does not have an expiration date.

Additional VEUs in the PRC and Their Respective ``Eligible Items (By
ECCN)'' and ``Eligible Destinations''

    This final rule amends Supplement No. 7 to Part 748 of the EAR to
identify an additional company with eligible facilities in the PRC as a
VEU and to identify the items that may be exported, reexported or
transferred to it under Authorization VEU. This new entry is for Aviza
Technology China. It lists Export Control Classification Numbers
(ECCNs) 2B230, 3B001.c.1.a and 3B001.e under ``Eligible Items (By
ECCN),'' and includes the following facility names and addresses under
``Eligible Destination:''

Aviza Technology China, Room B-1501, No. 188, Tomson Center, Zhang Yang
Road, Shanghai, China 200122.
Aviza Technology China, Room 612, International Business Center, No.
18, Hong Da North Road, Beijing Economics and Technology Development
Area, Beijing, China.
Beijing Bonded: CIES, Electronics Building, A23, Fuxing Road, Beijing,
China 100036.
Shanghai Bonded: SLC, Shanghai Industrial-Wailianfa International
Logistics Co., Ltd., Address: 13F Waigaoqiao Building, 889 Yang Gao
Road(N), Pudong, Shanghai, China.
HMG Logistics (Chengdu) Co., Ltd., Floor 1, No. 5 Standard Warehouse,
EPZ (West Area), Chengdu, China 611731.
Modifications to Existing VEU Authorizations
    This final rule also amends Supplement No. 7 to Part 748 of the EAR
to implement requests received from existing VEUs for modifications in
their authorizations to include additional eligible items and
additional destinations, and to list a change of name for an existing
VEU. Specifically, this rule makes the following amendments to
Supplement No. 7 to Part 748:

    (1) The authorization for Applied Materials China, Ltd. now also
includes ECCN 2B006.b.1.a under ``Eligible Items (By ECCN)'' and the
following facility name and address under ``Eligible Destination:''
Applied Materials (Xi'an Ltd.), No. 28 Xin Xi Ave., Xi'an High Tech
Park, Export Processing Zone, Xi'an Shanxi, China 710075.
    (2) Based upon notification from existing VEU BHA Aerocomposite
Parts Co., Ltd. that the company's name has legally been changed, the
name ``BHA Aerocomposite Parts Co., Ltd.'' shown in Supplement No. 7 to
Part 748 of the EAR prior to this rule has been changed to ``Boeing
Tianjin Composites Co. Ltd.,'' under both the ``Validated End-User''
and ``Eligible Destination'' columns. Further, the authorization for
Boeing Tianjin Composites Co. Ltd., formerly BHA Aerocomposite Parts
Co., Ltd., now also includes ECCN 2B001.b.2 (limited to machine tools
with accuracies no better than (i.e., less than) 13 microns), and
replaces ECCN 2B001.e.1.a. with 2B001.e. under ``Eligible Items (By
ECCN).'' ECCN 2B001.e. encompasses all parameters of its subparagraphs.
    With the publication of this final rule, the total number of VEUs
in the PRC is six and the total number of eligible facilities is
twenty. The VEUs listed in Supplement No. 7 to Part 748 were reviewed
and approved by the U.S. Government in accordance with the provisions
of Section 748.15 and Supplement Nos. 8 and 9 to Part 748 of the EAR.
    Approving this new end-user as a VEU is expected to further
facilitate exports to civil end-users in the PRC. Approval of this
company also represents a significant savings of time for suppliers and
end-users. Authorization VEU will eliminate the burden on exporters and
reexporters of preparing license applications and on BIS for processing
such applications, as exports and reexports will be made under general
authorization instead of under license. This savings will enable
exporters and reexporters to supply VEUs much more quickly, thus
enhancing the competitiveness of the exporters, reexporters, and end-
users in the PRC.
    To ensure appropriate facilitation of exports and reexports, on-
site reviews of the VEUs may be warranted pursuant to paragraph
748.15(a)(2) and Section 7(iv) of Supplement No. 8 to Part 748 of the
EAR. If such reviews are warranted, BIS will inform the PRC Ministry of
Commerce.
    Since August 21, 2001, the Export Administration Act has been in
lapse and the President, through Executive Order 13222 of August 17,
2001 (3 CFR, 2001 Comp., p. 783 (2002)), as extended most recently by
the Notice of July 23, 2008 (73 FR 43603, July 25, 2008), has continued
the EAR in effect under the International Emergency Economic Powers
Act. BIS continues to carry out the provisions of the Act, as
appropriate and to the extent permitted by law, pursuant to Executive
Order 13222.

Rulemaking Requirements

    1. This final rule has been determined to be not significant for
the purposes of Executive Order 12866.
    2. Notwithstanding any other provisions of law, no person is
required to respond to nor be subject to a penalty for failure to
comply with a collection of information, subject to the requirements of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This rule involves
collections previously approved by the OMB under control number 0694-
0088, ``Multi-Purpose Application,'' which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748; and for
recordkeeping, reporting and review requirements in connection with
Authorization Validated End-User, which carries an estimated burden of
30 minutes per submission. This rule is expected to result in a
decrease in license applications submitted to BIS. Total burden hours
associated with the Paperwork Reduction Act and Office of Management
and Budget control number 00694-0088 are not expected to increase
significantly as a result of this rule.
    3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
    4. The provisions of the Administrative Procedure Act requiring
notice of proposed rulemaking, the opportunity for public
participation, and a delay in effective date, are inapplicable because
this regulation involves a military and foreign affairs function of the
United States (5 U.S.C. 553(a)(1)). Further, no other law requires that
a notice of proposed rulemaking and an opportunity for public comment
be given for this final rule. Because a notice of proposed rulemaking
and an opportunity for public comment are not required to be given for
this rule under the Administrative Procedure Act or by any other law,
the analytical requirements of the Regulatory Flexibility Act (5 U.S.C.
601 et seq.) are not applicable. Therefore, this regulation is issued
in final form. Although there is no formal comment period, public
comments on this regulation are welcome on a continuing basis. Comments
should be submitted to Sheila Quarterman, Regulatory Policy Division,
Bureau of Industry and Security, U.S. Department of Commerce, 14th
Street & Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230

List of Subjects in 15 CFR Part 748

    Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.

0
Accordingly, part 748 of the Export Administrative Regulations (15 CFR
Parts 730-774) is amended as follows:

PART 748--[AMENDED]

0
1. The authority citation for 15 CFR Part 748 continues to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13026, 61 FR 58767, 3 CFR 1996 Comp., p. 228; E.O. 13222, 66 FR
44025, 3 CFR 2001 Comp., p. 783; Notice of July 23, 2008, 73 FR
43603 (July 25, 2008).

0
2. Supplement No. 7 to Part 748 is amended by:
0
a. Revising the entry for ``Applied Materials China, Ltd.'';
0
b. Adding, in alphabetical order, an entry for ``Aviza Technology
China''; and
0
c. Revising the entry for ``BHA Aerocomposite Parts Co., Ltd.''.
    The revisions and addition read as follows:

  Supplement No. 7 t Part 748--Authorization Validated End-User (VEU);
   List of Validated End-Users, Respective Items Eligible for Export,
             Reexport and Transfer and Eligible Destinations
------------------------------------------------------------------------
                               Eligible items (by
     Validated end-user               ECCN)         Eligible destination
------------------------------------------------------------------------
Applied Materials China,      2B006.b.1.a; 2B230;   Applied Materials
 Ltd..                         2B350.g.3;            China, Ltd.--
                               3B001.b.1;            Shanghai Depot c/o
                               3B001.c.2; 3B001.e;   Shanghai Applied
                               3B001.f.3; 3C001;     Materials Technical
                               3C002.                Service Center, 368
                                                     Zhang Jiang Road,
                                                     Pudong Zhangjiang
                                                     Hi-Tech Park,
                                                     Shanghai, China
                                                     201203.
                                                    Applied Materials
                                                     China, Ltd.--
                                                     Beijing Depot c/o
                                                     Beijing Applied
                                                     Materials Technical
                                                     Service Center
                                                     Bldg. 9, Area A,
                                                     No. 1 North Di
                                                     Sheng Street, BDA
                                                     Beijing, China
                                                     100176.
                                                    Applied Materials
                                                     China, Ltd.--Wuxi
                                                     Depot c/o Sinotrans
                                                     Jiangsu Group
                                                     Fuchang Co. J5 A-B
                                                     Wuxi Export
                                                     Processing Zone,
                                                     287 Gaolang Road,
                                                     Wuxi New District,
                                                     Wuxi Jiangsu China
                                                     214028.
                                                    Applied Materials
                                                     (Xi'an Ltd.) No. 28
                                                     Xin Xi Ave., Xi'an
                                                     High Tech Park
                                                    Export Processing
                                                     Zone, Xi'an Shanxi,
                                                     China 710075.
Aviza Technology China......  2B230; 3B001.c.1.a;   Aviza Technology
                               3B001.e.              China, Room B-1501,
                                                     No. 188, Tomson
                                                     Center, Zhang Yang
                                                     Road, Shanghai,
                                                     China 200122.
                                                    Aviza Technology
                                                     China, Room 612,
                                                     International
                                                     Business Center,
                                                     No. 18, Hong Da
                                                     North Road, Beijing
                                                     Economics and
                                                     Technology
                                                     Development Area,
                                                     Beijing, China.
                                                    Beijing Bonded:
                                                     CIES, Electronics
                                                     Building, A23,
                                                     Fuxing Road,
                                                     Beijing, China
                                                     100036.
                                                    Shanghai Bonded:
                                                     SLC, Shanghai
                                                     Industrial--Wailian
                                                     fa International
                                                     Logistics Co.,
                                                     Ltd., Address: 13F
                                                     Waigaoqiao Building
                                                     889 Yang Gao Road
                                                     (N), Pudong,
                                                     Shanghai, China.
                                                    HMG Logistics
                                                     (Chengdu) Co.,
                                                     Ltd., Floor 1, No.
                                                     5 Standard
                                                     Warehouse, EPZ
                                                     (West Area),
                                                     Chengdu, China
                                                     611731.
Boeing Tianjin Composites     1A002.a; 1B001.f;     Boeing Tianjin
 Co. Ltd.                      1C010.b; 1C010.e;     Composites Co.
                               1D001 (limited to     Ltd., No. 4-388
                               ``software''          Heibei Road, Tanggu
                               specially designed    Tianjin, China.
                               or modified for the
                               ``development'',
                               ``production'' or
                               ``use'' of
                               equipment
                               controlled by
                               1B001.f) 1E001
                               (limited to
                               ``technology''
                               according to the
                               General Technology
                               Note for the
                               ``development'' or
                               ``production'' of
                               items controlled by
                               1A002.a, 1B001.f,
                               1C010.b & .e, and
                               2B001.a); 2B001.b.2
                               (limited to machine
                               tools with
                               accuracies no
                               better than (i.e.,
                               less than) 13
                               microns); 2B001.e;
                               2D001 (limited to
                               ``software,'' other
                               than that
                               controlled by
                               2D002, specially
                               designed or
                               modified for the
                               ``development'',
                               ``production'' or
                               ``use'' of
                               equipment
                               controlled by
                               2B001.b.2 and
                               2B001.e); 2D002
                               (limited to
                               ``software'' for
                               electronic devices,
                               even when residing
                               in an electronic
                               device or system,
                               enabling such
                               devices or systems
                               to function as a
                               ``numerical
                               control'' unit,
                               capable of
                               coordinating
                               simultaneously more
                               than 4 axes for
                               ``contouring
                               control''
                               controlled by
                               2B001.b.2 and
                               2B001.e).
                              * * * * * * *
------------------------------------------------------------------------

    Dated: April 24, 2009.
Matthew S. Borman,
Acting Assistant Secretary for Export Administration.
[FR Doc. E9-9817 Filed 4-28-09; 8:45 am]

BILLING CODE 3510-33-P


the Administrator will calculate, for each such State (and Indian
country within the borders of such State) and such control period and
each common designated representative for such control period for a
group of one or more CSAPR NOX Ozone Season sources and
units in the State (and Indian country within the borders of such
State), the common designated representative's share of the total
NOX emissions from all CSAPR NOX Ozone Season
units at CSAPR NOX Ozone Season sources in the State (and
Indian country within the borders of such State), the common designated
representative's assurance level, and the tonnage equivalent (if any)
of CSAPR NOX Ozone Season allowances that the owners and
operators of such group of sources and units must hold in accordance
with the calculation formula in Sec.  97.506(c)(2)(i) and will
promulgate a notice of data availability of the results of these
calculations.
* * * * *
    (4) * * *
    (i) As of midnight of November 1 immediately after the promulgation
of each notice of data availability required in paragraph
(b)(2)(iii)(B) of this section, the owners and operators described in
paragraph (b)(3) of this section shall hold in the assurance account
established for them and for the appropriate CSAPR NOX Ozone
Season sources, CSAPR NOX Ozone Season units, and State (and
Indian country within the borders of such State) under paragraph (b)(3)
of this section CSAPR NOX Ozone Season allowances, available
for deduction under paragraph (a) of this section, with a total tonnage
equivalent not less than the tonnage equivalent such owners and
operators are required to hold with regard to such sources, units and
State (and Indian country within the borders of such State) as
calculated by the Administrator and referenced in such notice.
* * * * *
    (5) After November 1 (or the date described in paragraph (b)(4)(ii)
of this section) immediately after the promulgation of each notice of
data availability required in paragraph (b)(2)(iii)(B) of this section
and after the recordation, in accordance with Sec.  97.523, of CSAPR
NOX Ozone Season allowance transfers submitted by midnight
of such date, the Administrator will determine whether the owners and
operators described in paragraph (b)(3) of this section hold, in the
assurance account for the appropriate CSAPR NOX Ozone Season
sources, CSAPR NOX Ozone Season units, and State (and Indian
country within the borders of such State) established under paragraph
(b)(3) of this section, CSAPR NOX Ozone Season allowances
available under paragraph (a) of this section with the tonnage
equivalent that the owners and operators are required to hold with
regard to such sources, units, and State (and Indian country within the
borders of such State) as calculated by the Administrator and
referenced in the notice required in paragraph (b)(2)(iii)(B) of this
section.
    (6) Notwithstanding any other provision of this subpart and any
revision, made by or submitted to the Administrator after the
promulgation of the notice of data availability required in paragraph
(b)(2)(iii)(B) of this section for a control period in a given year, of
any data used in making the calculations referenced in such notice, the
tonnage equivalents of CSAPR NOX Ozone Season allowances
that the owners and operators are required to hold in accordance with
Sec.  97.506(c)(2)(i) for such control period shall continue to be such
tonnage equivalents as calculated by the Administrator and referenced
in such notice required in paragraph (b)(2)(iii)(B) of this section,
except as follows:
    (i) If any such data are revised by the Administrator as a result
of a decision in or settlement of litigation concerning such data on
appeal under part 78 of this chapter of such notice, or on appeal under
section 307 of the Clean Air Act of a decision rendered under part 78
of this chapter on appeal of such notice, then the Administrator will
use the data as so revised to recalculate the tonnage equivalents of
CSAPR NOX Ozone Season allowances that owners and operators
are required to hold in accordance with the calculation formula in
Sec.  97.506(c)(2)(i) for such control period with regard to the CSAPR
NOX Ozone Season sources, CSAPR NOX Ozone Season
units, and State (and Indian country within the borders of such State)
involved, provided that such litigation under part 78 of this chapter,
or the proceeding under part 78 of this chapter that resulted in the
decision appealed in such litigation under section 307 of the Clean Air
Act, was initiated no later than 30 days after promulgation of such
notice required in paragraph (b)(2)(iii)(B) of this section.
    (ii) If any such data are revised by the owners and operators of a
CSAPR NOX Ozone Season source and CSAPR NOX Ozone
Season unit whose designated representative submitted such data under
paragraph (b)(2)(i) of this section, as a result of a decision in or
settlement of litigation concerning such submission, then the
Administrator will use the data as so revised to recalculate the
tonnage equivalents of CSAPR NOX Ozone Season allowances
that owners and operators are required to hold in accordance with the
calculation formula in Sec.  97.506(c)(2)(i) for such control period
with regard to the CSAPR NOX Ozone Season sources, CSAPR
NOX Ozone Season units, and State (and Indian country within
the borders of such State) involved, provided that such litigation was
initiated no later than 30 days after promulgation of such notice
required in paragraph (b)(2)(iii)(B) of this section.
    (iii) If the revised data are used to recalculate, in accordance
with paragraphs (b)(6)(i) and (ii) of this section, the tonnage
equivalent of CSAPR NOX Ozone Season allowances that the
owners and operators are required to hold for such control period with
regard to the CSAPR NOX Ozone Season sources, CSAPR
NOX Ozone Season units, and State (and Indian country within
the borders of such State) involved--
    (A) Where the tonnage equivalent of CSAPR NOX Ozone
Season allowances that the owners and operators are required to hold
increases as a result of the use of all such revised data, the
Administrator will establish a new, reasonable deadline on which the
owners and operators shall hold CSAPR NOX Ozone Season
allowances with the additional tonnage equivalent in the assurance
account established by the Administrator for the appropriate CSAPR
NOX Ozone Season sources, CSAPR NOX Ozone Season
units, and State (and Indian country within the borders of such State)
under paragraph (b)(3) of this section. The owners' and operators'
failure to hold such additional tonnage equivalent, as required, before
the new deadline shall not be a violation of the Clean Air Act. The
owners' and operators' failure to hold such additional tonnage
equivalent, as required, as of the new deadline shall be a violation of
the Clean Air Act. Each ton of the tonnage equivalent of CSAPR
NOX Ozone Season allowances that the owners and operators
fail to hold as required as of the new deadline, and each day in such
control period, shall be a separate violation of the Clean Air Act.

    (B) For the owners and operators for which the tonnage equivalent
of CSAPR NOX Ozone Season allowances required to be held
decreases as a result of the use of all such revised data, the
Administrator will record, in all accounts from which CSAPR
NOX Ozone Season allowances were transferred by such owners
and operators for such control period to the assurance account
established by the Administrator for the appropriate CSAPR
NOX Ozone Season sources, CSAPR NOX Ozone Season
units, and State (and Indian country within the borders of such State)
under paragraph (b)(3) of this section, a total amount of the CSAPR
NOX Ozone Season allowances held in such assurance account
that the Administrator determines may be transferred from such
assurance account without causing the tonnage equivalent of the CSAPR
NOX Ozone Season allowances held by such owners and
operators in such assurance account to fall below the tonnage
equivalent required to be held by such owners and operators in such
assurance account, making any transfers in whole CSAPR NOX
Ozone Season allowances. If CSAPR NOX Ozone Season
allowances were transferred to such assurance account from more than
one account, the tonnage equivalent of CSAPR NOX Ozone
Season allowances recorded in each such transferor account will be in
proportion to the percentage of the total tonnage equivalent of CSAPR
NOX Ozone Season allowances transferred to such assurance
account for such control period from such transferor account.
* * * * *

Sec.  97.528  [Amended]

0
43. Section 97.528 is amended in paragraph (b) by removing ``paragraph
(a)(1)'' and adding in its place ``paragraph (a)''.
0
44. Section 97.530 is amended by:
0
a. Revising paragraphs (b) introductory text and (b)(1) through (3);
0
b. In paragraph (b)(4) introductory text, by removing ``Sec. Sec.  ''
and adding in its place ``Sec.  ''; and
0
c. In paragraph (b)(4)(iii), by adding after ``Sec.  75.66'' the words
``of this chapter''.
    The revisions read as follows:

Sec.  97.530  General monitoring, recordkeeping, and reporting
requirements.

* * * * *
    (b) Compliance deadlines. Except as provided in paragraph (e) of
this section, the owner or operator of a CSAPR NOX Ozone
Season unit shall meet the monitoring system certification and other
requirements of paragraphs (a)(1) and (2) of this section on or before
the latest of the following dates and shall record, report, and
quality-assure the data from the monitoring systems under paragraph
(a)(1) of this section on and after the latest of the following dates:
    (1)(i) For a unit other than a unit described in paragraph
(b)(1)(ii) of this section, May 1, 2015; or
    (ii) For a unit in the State of Kansas (or Indian country within
the borders of the State) that is not a CSAPR NOX Ozone
Season unit in another State (or Indian country within the borders of
another State) during any portion of a control period in 2015 or 2016,
May 1, 2017;
    (2) 180 calendar days after the date on which the unit commences
commercial operation; or
    (3) Where data for the unit is reported on a control period basis
under Sec.  97.534(d)(2)(ii)(B), and where the compliance date under
paragraph (b)(2) of this section is not in a month from May through
September, May 1 immediately after the compliance date under paragraph
(b)(2) of this section.
* * * * *

Sec.  97.531  [Amended]

0
45. Section 97.531 is amended by:
0
a. Italicizing the headings of paragraphs (d)(1) through (3), (d)(3)(i)
through (iv), (d)(3)(iv)(A) through (D), and (d)(3)(v);
0
b. In paragraph (d)(3) introductory text, by removing ``Sec. Sec.  ''
and adding in its place ``Sec.  ''; and
0
c. Redesignating paragraphs (d)(3)(v)(A)(1) through (5) as paragraphs
(d)(3)(v)(A)(1) through (5).
0
46. Section 97.534 is amended by:
0
a. In paragraph (b), by adding ``the'' before ``requirements'';
0
b. Revising paragraphs (d)(1) and (2);
0
c. Redesignating paragraph (d)(6) as paragraph (d)(5)(ii); and
0
d. In paragraph (e)(3), by removing ``paragraph (d)(2)(ii)'' and adding
in its place ``paragraph (d)(2)(ii)(B)''.
    The revisions read as follows:

Sec.  97.534  Recordkeeping and reporting.

* * * * *
    (d) * * *
    (1) The designated representative shall report the NOX
mass emissions data and heat input data for a CSAPR NOX
Ozone Season unit, in an electronic quarterly report in a format
prescribed by the Administrator, for each calendar quarter indicated
under paragraph (d)(2) of this section beginning with the latest of:
    (i)(A) For a unit other than a unit described in paragraph
(d)(1)(i)(B) of this section, the calendar quarter covering May 1, 2015
through June 30, 2015; or
    (B) For a unit in the State of Kansas (or Indian country within the
borders of the State) that is not a CSAPR NOX Ozone Season
unit in another State (or Indian country within the borders of another
State) during any portion of a control period in 2015 or 2016, the
calendar quarter covering May 1, 2017 through June 30, 2017;
    (ii) The calendar quarter corresponding to the earlier of the date
of provisional certification or the applicable deadline for initial
certification under Sec.  97.530(b); or
    (iii) For a unit that reports on a control period basis under
paragraph (d)(2)(ii)(B) of this section, if the calendar quarter under
paragraph (d)(1)(ii) of this section does not include a month from May
through September, the calendar quarter covering May 1 through June 30
immediately after the calendar quarter under paragraph (d)(1)(ii) of
this section.
    (2)(i) If a CSAPR NOX Ozone Season unit is subject to
the Acid Rain Program or a CSAPR NOX Annual emissions
limitation or if the owner or operator of such unit chooses to report
on an annual basis under this subpart, then the designated
representative shall meet the requirements of subpart H of part 75 of
this chapter (concerning monitoring of NOX mass emissions)
for such unit for the entire year and report the NOX mass
emissions data and heat input data for such unit for the entire year.
    (ii) If a CSAPR NOX Ozone Season unit is not subject to
the Acid Rain Program or a CSAPR NOX Annual emissions
limitation, then the designated representative shall either:
    (A) Meet the requirements of subpart H of part 75 of this chapter
for such unit for the entire year and report the NOX mass
emissions data and heat input data for such unit for the entire year in
accordance with paragraph (d)(2)(i) of this section; or
    (B) Meet the requirements of subpart H of part 75 of this chapter
(including the requirements in Sec.  75.74(c) of this chapter) for such
unit for the control period and report the NOX mass
emissions data and heat input data (including the data described in
Sec.  75.74(c)(6) of this chapter) for such unit only for the control
period of each year.
* * * * *

Subpart CCCCC--CSAPR SO2 Group 1 Trading Program

0
47. The heading of subpart CCCCC of part 97 is revised to read as set
forth above.

Sec.  97.602  [Amended]

0
48. Section 97.602 is amended by:
0
a. Relocating all definitions beginning with ``CSAPR'' to their
alphabetical locations in the list of definitions;
0
b. In the definition of ``Cogeneration system'', by removing ``steam
turbine generator'' and adding in its place ``generator'';
0
c. In the definition of ``Commence commercial operation'', in paragraph
(2) introductory text, by adding after ``defined in'' the word ``the'';
0
d. In the definition of ``Fossil fuel'', by removing ``Sec. Sec.  ''
and adding in its place Sec.  ''; and
0
e. In the definition of ``Sequential use of energy'', in paragraph (2),
by adding after ``from'' the word ``a''.

Sec.  97.604  [Amended]

0
49. Section 97.604 is amended by:
0
a. In paragraph (b)(2)(ii), by removing ``paragraph (b)(1)(i)'' and
adding in its place ``paragraph (b)(2)(i)''; and
0
b. Italicizing the headings of paragraphs (c)(1) and (2).

Sec.  97.606  [Amended]

0
50. Section 97.606 is amended by:
0
a. Italicizing the headings of paragraphs (c)(1) and (2) and (c)(4)
through (7);
0
b. In the heading of paragraph (c)(4), by adding ``CSAPR SO2
Group 1'' before ``allowances''; and
0
c. In paragraph (d)(2), by removing ``subpart H'' and adding in its
place ``subpart B''.

Sec.  97.610  State SO2 Group 1 trading budgets, new unit
set-asides, Indian country new unit set-asides, and variability limits.

0
51. Section 97.610 is amended by:
0
a. Revising the heading as set forth above;
0
b. Removing ``SO2 trading budget'' wherever it appears and
adding in its place ``SO2 Group 1 trading budget'';
0
c. Removing ``SO2 new unit set-aside'' wherever it appears
and adding in its place ``new unit set-aside'';
0
d. Removing ``SO2 Indian country new unit set-aside''
wherever it appears and adding in its place ``Indian country new unit
set-aside'';
0
e. Removing ``SO2 variability limit'' wherever it appears
and adding in its place ``variability limit'';
0
f. In paragraph (a) introductory text, by adding ``Group 1'' before
``trading budgets'', and by removing ``new unit-set aside'' and adding
in its place ``new unit set-aside'';
0
g. Adding and reserving paragraphs (a)(2)(vi) and (a)(11)(vi); and
0
h. In paragraph (c), by adding after ``Each'' the word ``State'', and
by removing ``set aside'' wherever it appears and adding in its place
``set-aside''.

Sec.  97.611  [Amended]

0
52. Section 97.611 is amended by:
0
a. Italicizing the headings of paragraphs (b)(1) and (2);
0
b. In paragraphs (b)(1)(iii) and (b)(2)(iii), by adding after
``November 30 of'' the word ``the'';
0
c. In paragraph (c)(1)(ii), by removing ``Sec.  52.39(d), (e), or (f)''
and adding in its place ``Sec.  52.39(e) or (f)'';
0
d. In paragraph (c)(5)(i)(B), by adding after ``Sec.  52.39(e) or (f)''
the words ``of this chapter'';
0
e. In paragraph (c)(5)(ii) introductory text, by removing ``of this
paragraph'' and adding in its place ``of this section'';
0
f. In paragraph (c)(5)(ii)(B), by adding after ``Sec.  52.39(e) or
(f)'' the words ``of this chapter''; and
0
g. In paragraph (c)(5)(iii), by removing ``of this paragraph'' and
adding in its place ``of this section''.

Sec.  97.612  [Amended]

0
53. Section 97.612 is amended by:
0
a. In paragraph (a)(2), by removing ``Sec. Sec.  '' and adding in its
place ``Sec.  '';
0
b. In paragraph (a)(4)(i), by removing ``paragraph (a)(1)(i) through
(iii)'' and adding in its place ``paragraphs (a)(1)(i) through (iii)'';
0
c. In paragraph (a)(4)(ii), by adding after ``paragraph (a)(4)(i)'' the
words ``of this section'';
0
d. In paragraph (a)(9)(i), by adding after ``November 30 of'' the word
``the'';
0
e. In paragraph (b)(4)(ii), by adding after ``paragraph (b)(4)(i)'' the
words ``of this section'';
0
f. In paragraph (b)(9)(i), by adding after ``November 30 of'' the word
``the'';
0
g. In paragraph (b)(10)(ii), by removing ``Sec.  52.39(d), (e), or
(f)'' and by adding in its place ``Sec.  52.39(e) or (f)''; and
0
h. In paragraph (b)(11), by adding after ``paragraphs (b)(9), (10) and
(12)'' the words ``of this section''.

Sec.  97.621  [Amended]

0
54. Section 97.621 is amended by:
0
a. In paragraphs (c), (d), and (e), by removing ``period'' and adding
in its place ``periods'';
0
b. In paragraphs (f) and (g), by removing ``Sec.  52.39(e) and (f)''
and adding in its place ``Sec.  52.39(e) or (f)''; and
0
c. In paragraph (j), by removing ``the date'' and adding in its place
``the date 15 days after the date''.

Sec.  97.625  [Amended]

0
55. Section 97.625 is amended by:
0
a. In paragraph (b)(2)(iii) introductory text, by removing ``paragraph
(b)(1)(i)'' and adding in its place ``paragraph (b)(1)(ii)''; and
0
b. In paragraph (b)(2)(iii)(B), by adding ``the calculations
incorporating'' before ``any adjustments''.

Sec.  97.628  [Amended]

0
56. Section 97.628 is amended in paragraph (b) by removing ``paragraph
(a)(1)'' and adding in its place ``paragraph (a)''.

Sec.  97.630  [Amended]

0
57. Section 97.630 is amended by:
0
a. In paragraph (b) introductory text, by adding after ``operator'' the
words ``of a CSAPR SO2 Group 1 unit'', by adding ``the later
of'' before ``the following dates'' each time it appears, and by
removing the final period and adding in its place a colon;
0
b. Removing paragraphs (b)(1) and (b)(2) introductory text;
0
c. Redesignating paragraphs (b)(2)(i) and (ii) as paragraphs (b)(1) and
(2);
0
d. In newly redesignated paragraph (b)(2), by removing the final
semicolon and adding in its place a period;
0
e. In paragraph (b)(3) introductory text, by removing ``Sec. Sec.  ''
and adding in its place ``Sec.  ''; and
0
f. In paragraph (b)(3)(iii), by adding after ``Sec.  75.66'' the words
``of this chapter''.

Sec.  97.631  [Amended]

0
58. Section 97.631 is amended by:
0
a. Italicizing the headings of paragraphs (d)(1) through (3), (d)(3)(i)
through (iv), (d)(3)(iv)(A) through (D), and (d)(3)(v);
0
b. In paragraph (d)(3) introductory text, by removing ``Sec. Sec.  ''
and adding in its place ``Sec.  ''; and
0
c. Redesignating paragraphs (d)(3)(v)(A)(1) through (3) as paragraphs
(d)(3)(v)(A)(1) through (3).

Sec.  97.634  [Amended]

0
59. Section 97.634 is amended by:
0
a. In paragraph (b) by adding ``the'' before ``requirements'';
0
b. In paragraph (d)(1) introductory text, by removing ``the CSAPR'' and
adding in its place ``a CSAPR'', and by adding ``the later of'' before
the final colon;
0
c. In paragraph (d)(1)(i), by removing ``For a unit that commences
commercial operation before July 1, 2014, the'' and adding in its place
``The''; and
0
d. In paragraph (d)(1)(ii), by removing ``For a unit that commences
commercial operation on or after July 1, 2014, the'' and adding in its
place ``The'', and by removing ``, unless that quarter is the third or
fourth quarter of 2014, in which case reporting shall commence in the
quarter covering January 1, 2015 through March 31, 2015''.

Subpart DDDDD--CSAPR SO2 Group 2 Trading Program

0
60. The heading of subpart DDDDD of part 97 is revised to read as set
forth above.

Sec.  97.702  [Amended]

0
61. Section 97.702 is amended by:
0
a. Relocating all definitions beginning with ``CSAPR'' to their
alphabetical locations in the list of definitions;
0
b. In the definition of ``Cogeneration system'', by removing ``steam
turbine generator'' and adding in its place ``generator'';
0
c. In the definition of ``Commence commercial operation'', in paragraph
(2) introductory text, by adding after ``defined in'' the word ``the'';
0
d. In the definition of ``Fossil fuel'', by removing ``Sec. Sec.  ''
and adding in its place ``Sec.  ''; and
0
e. In the definition of ``Sequential use of energy'', in paragraph (2),
by adding after ``from'' the word ``a''.

Sec.  97.704  [Amended]

0
62. Section 97.704 is amended by:
0
a. In paragraph (b)(2)(ii), by removing ``paragraph (b)(1)(i)'' and
adding in its place ``paragraph (b)(2)(i)''; and
0
b. Italicizing the headings of paragraphs (c)(1) and (2).

Sec.  97.706  [Amended]

0
63. Section 97.706 is amended by:
0
a. Italicizing the headings of paragraphs (c)(1) and (2) and (c)(4)
through (7);
0
b. In the heading of paragraph (c)(4), by adding ``CSAPR SO2
Group 2'' before ``allowances''; and
0
c. In paragraph (d)(2), by removing ``subpart H'' and adding in its
place ``subpart B''.

Sec.  97.710  State SO2 Group 2 trading budgets, new unit set-asides,
Indian country new unit set-asides, and variability limits.

0
64. Section 97.710 is amended by:
0
a. Revising the heading as set forth above;
0
b. Removing ``SO2 trading budget'' wherever it appears and
adding in its place ``SO2 Group 2 trading budget'';
0
c. Removing ``SO2 new unit set-aside'' wherever it appears
and adding in its place ``new unit set-aside'';
0
d. Removing ``SO2 Indian country new unit set-aside''
wherever it appears and adding in its place ``Indian country new unit
set-aside'';
0
e. Removing ``SO2 variability limit'' wherever it appears
and adding in its place ``variability limit'';
0
f. In paragraph (a) introductory text, by adding ``Group 2'' before
``trading budgets'', and by removing ``new unit-set aside'' and adding
in its place ``new unit set-aside''; and
0
g. In paragraph (c), by adding after ``Each'' the word ``State'', by
removing ``identified under'' and adding in its place ``in'', by
removing ``excludes'' and adding in its place ``does not include'', and
by removing ``set aside'' wherever it appears and adding in its place
``set-aside''.

Sec.  97.711  [Amended]

0
65. Section 97.711 is amended by:
0
a. Italicizing the headings of paragraphs (b)(1) and (2);
0
b. In paragraphs (b)(1)(iii) and (b)(2)(iii), by adding after
``November 30 of'' the word ``the'';
0
c. In paragraph (c)(1) introductory text, by adding after ``approved''
each time it appears the word ``under'';
0
d. In paragraph (c)(1)(ii), by removing ``Sec.  52.39(g), (h), or (i)''
and adding in its place ``Sec.  52.39(h) or (i)'';
0
e. In paragraph (c)(5)(i)(B), by adding after ``Sec.  52.39(h) or (i)''
the words ``of this chapter'';
0
f. In paragraph (c)(5)(ii) introductory text, by removing ``of this
paragraph'' and adding in its place ``of this section'';
0
g. In paragraph (c)(5)(ii)(B), by adding after ``Sec.  52.39(h) or
(i)'' the words ``of this chapter''; and
0
h. In paragraph (c)(5)(iii), by removing ``of this paragraph'' and
adding in its place ``of this section''.

Sec.  97.712  [Amended]

0
66. Section 97.712 is amended by:
0
a. In paragraph (a)(2), by removing ``Sec. Sec.  '' and adding in its
place ``Sec.  '';
0
b. In paragraph (a)(4)(i), by removing ``paragraph (a)(1)(i) through
(iii)'' and adding in its place ``paragraphs (a)(1)(i) through (iii)'';
0
c. In paragraph (a)(4)(ii), by adding after ``paragraph (a)(4)(i)'' the
words ``of this section'';
0
d. In paragraph (a)(9)(i), by adding after ``November 30 of'' the word
``the'';
0
e. In paragraph (b)(4)(ii), by adding after ``paragraph (b)(4)(i)'' the
words ``of this section'';
0
f. In paragraph (b)(9)(i), by adding after ``November 30 of'' the word
``the''; and
0
g. In paragraph (b)(10)(ii), by removing ``Sec.  52.39(g), (h), or
(i)'' and by adding in its place ``Sec.  52.39(h) or (i)''.

Sec.  97.721  [Amended]

0
67. Section 97.721 is amended by:
0
a. In paragraphs (c), (d), and (e), by removing ``period'' and adding
in its place ``periods''';
0
b. In paragraphs (f) and (g), by removing ``Sec.  52.39(h) and (i)''
and adding in its place ``Sec.  52.39(h) or (i)''; and
0
c. In paragraph (j), by removing ``the date'' and adding in its place
``the date 15 days after the date'', and by removing the comma before
``described''.

Sec.  97.725  [Amended]

0
68. Section 97.725 is amended by:
0
a. In paragraph (b)(2)(iii) introductory text, by removing ``paragraph
(b)(1)(i)'' and adding in its place ``paragraph (b)(1)(ii)'';
0
b. In paragraph (b)(2)(iii)(B), by adding ``the calculations
incorporating'' before ``any adjustments''; and
0
c. In paragraph (b)(6)(iii)(B), by removing after ``appropriate'' the
word ``at''.

Sec.  97.728  [Amended]

0
69. Section 97.728 is amended in paragraph (b) by removing ``paragraph
(a)(1)'' and adding in its place ``paragraph (a)''.

Sec.  97.730  [Amended]

0
70. Section 97.730 is amended by:
0
a. Italicizing the heading of paragraph (a);
0
b. In paragraph (b) introductory text, by adding after ``operator'' the
words ``of a CSAPR SO2 Group 2 unit'', by adding ``the later
of'' before ``the following dates'' each time it appears, and by
removing the final period and adding in its place a colon;
0
c. Removing paragraphs (b)(1) and (b)(2) introductory text;
0
d. Redesignating paragraphs (b)(2)(i) and (ii) as paragraphs (b)(1) and
(2);
0
e. In newly redesignated paragraph (b)(2), by removing the final
semicolon and adding in its place a period;
0
f. In paragraph (b)(3) introductory text, by removing ``Sec. Sec.  ''
and adding in its place ``Sec.  ''; and
0
g. In paragraph (b)(3)(iii), by adding after ``Sec.  75.66'' the words
``of this chapter''.

Sec.  97.731  [Amended]

0
71. Section 97.731 is amended by:
0
a. Italicizing the headings of paragraphs (d)(1) through (3), (d)(3)(i)
through (iv), (d)(3)(iv)(A) through (D), and (d)(3)(v);
0
b. In paragraph (d)(3) introductory text, by removing ``Sec. Sec.  ''
and adding in its place ``Sec.  ''; and
0
c. Redesignating paragraphs (d)(3)(v)(A)(1) through (3) as paragraphs
(d)(3)(v)(A)(1) through (3).

Sec.  97.734  [Amended]

0
72. Section 97.734 is amended by:
0
a. In paragraph (b) by adding ``the'' before ``requirements'';
0
b. In paragraph (d)(1) introductory text, by removing ``the CSAPR'' and
adding in its place ``a CSAPR'', and by adding ``the later of'' before
the final colon;

0
c. In paragraph (d)(1)(i), by removing ``For a unit that commences
commercial operation before July 1, 2014, the'' and adding in its place
``The''; and
0
d. In paragraph (d)(1)(ii), by removing ``For a unit that commences
commercial operation on or after July 1, 2014, the'' and adding in its
place ``The'', and by removing ``, unless that quarter is the third or
fourth quarter of 2014, in which case reporting shall commence in the
quarter covering January 1, 2015 through March 31, 2015''.

[FR Doc. 2015-29796 Filed 12-2-15; 8:45 am]
BILLING CODE 6560-50-P