[Federal Register Volume 76, Number 191 (Monday, October 3, 2011)]
[Notices]
[Pages 61127-61129]
[FR Doc No: 2011-25379]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65407; File No. SR-BATS-2011-037]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Related to
Fees for Use of BATS Exchange, Inc.

September 27, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on September 19, 2011, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The Exchange
has designated the proposed rule change as one establishing or changing
a member due, fee, or other charge imposed by the Exchange under
Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes amend the fee schedule applicable to Members
\5\ and non-members of the Exchange pursuant to BATS Rules 15.1(a) and
(c). While changes to the fee schedule pursuant to this proposal will
be effective upon filing, the changes will become operative on
September 23, 2011.
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    \5\ A Member is any registered broker or dealer that has been
admitted to membership in the Exchange.
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    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to modify its fee schedule applicable to use
of the Exchange effective September 23, 2011, in order to: (1)
Discontinue payment of a liquidity rebate for any order subject to
price sliding that adds liquidity to the Exchange and receives price
improvement over its ranked price when executed; and (2) modify the
``Options Pricing'' section of its fee schedule to impose a fee for
newly available logical ports with bulk-quoting capabilities, as
further described below.
Orders Subject to Price Sliding
    The Exchange proposes to discontinue payment of a liquidity rebate
for any order subject to price sliding that adds liquidity to the
Exchange and receives price improvement over its ranked price when
executed. Pursuant to Exchange price sliding, an order that would lock
or cross a protected quotation is ranked on the Exchange's order book
at the locked price and then displayed at one minimum price level less
aggressive than the locking price. For bids, this means that a price
slid order is displayed at one minimum price variation less than the
current national best offer (``NBO''), and for offers, this means that
a price slid order is displayed at one minimum price variation more
than the current national best bid (``NBB'').
    The Exchange received approval in June of a rule change to allow a
non-displayed order or an order subject to the price sliding process
that is not executable at its most aggressive price to be executed at
one-half minimum price variation less aggressive than the price at
which it is ranked.\6\ The Exchange immediately implemented the change
for non-displayed orders, but delayed the implementation related to
orders subject to price sliding in order to complete development of the
necessary system functionality. On September 23, 2011, the Exchange
plans to implement the systems change to allow an order subject to
price sliding to execute at one-half minimum price variation less
aggressive than the price at which such order is ranked. Specifically,
in the event an order submitted to the Exchange on the side opposite
such a price slid order is a market order or a limit order priced more
aggressively than the locking price, the Exchange will execute the
resting order subject to price sliding at, in the case of a resting
bid, one-half minimum price variation less than the locking price, and,
in the case of a resting offer, at one-half

minimum price variation more than the locking price. Based on the
functionality, orders executed as described above will receive price
improvement over the price at which such orders are ranked. Because
price slid orders subject to the order handling process described above
will receive price improvement, the Exchange proposes to eliminate the
payment of a liquidity rebate for such executions, which is the same
fee structure applied to executions of non-displayed orders that
receive price improvement when executed. The Exchange believes that
price improvement received for executions of orders subject to price
sliding will offset the change in the fee structure for such orders.
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    \6\ See Securities Exchange Act Release No. 64754 (June 27,
2011), 76 FR 38712 (July 1, 2011) (SR-BATS-2011-01 [sic]) (Order
Approving a Proposed Rule Change to Amend BATS Rule 11.9, entitled
``Orders and Modifiers'' and BATS Rule 11.13, entitled ``Order
Execution'').
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Options Logical Port Fees
    The Exchange currently charges a fee of $400.00 per month per
logical port used by Members or non-members to access and receive
information from the Exchange's cash equities platform. A logical port
is also commonly referred to as a TCP/IP port, and represents a port
established by the Exchange within the Exchange's system for trading
and billing purposes. Each logical port established is specific to a
Member or non-member and grants that Member or non-member the ability
to operate a specific application, such as FIX order entry or PITCH
data receipt.
    In contrast to its cash equities platform, the Exchange currently
provides logical ports free of charge to Members and non-members that
have access to or receive data from the Exchange's equity options
platform (``BATS Options''). On August 9, 2011, the Exchange filed an
immediately effective rule filing for BATS Options to introduce a bulk-
quoting interface for registered BATS Options market makers to allow
such market makers to provide liquidity to the market in a broader set
of series in a more efficient manner.\7\ On September 2, 2011, the
Exchange filed an immediately effective rule filing for BATS Options to
expand the availability of the bulk-quoting interface to all Users \8\
of BATS Options.\9\ Due to the development and infrastructure costs
associated with bulk-quoting functionality, the Exchange proposes to
charge Users $1,000.00 per month for any logical port with bulk-quoting
capabilities. The bulk-quoting interface allows Users to provide both a
bid and an offer in one message as well as bundle several quote updates
into one bulk message. This is a useful feature for Users that provide
quotations in many different options. As proposed, the change applies
to any User that obtains a port enabled with bulk-quoting functionality
to access the Exchange.
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    \7\ See Securities Exchange Act Release No. 65133 (August 15,
2011), 76 FR 52032 (August 19, 2011) (SR-BATS-2011-029).
    \8\ As defined in BATS Rule 16.1(a)(62), a ``User'' on BATS
Options is either a member of BATS Options or a sponsored
participant who is authorized to obtain access to the Exchange's
system pursuant to BATS Rule 11.3.
    \9\ See Securities Exchange Act Release No. 65307 (September 9,
2011), 76 FR 57092 (September 15, 2011) (SR-BATS-2011-034).
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    In order to differentiate logical port fees from physical
connection charges and because the fee described above is applicable
only to BATS Options, the Exchange also proposes to modify a sub-
heading included in the ``Equities Pricing'' section of the Exchange's
fee schedule from ``Port Fees'' to ``Equities Logical Port Fees.''
Although the Exchange is implementing this fee effective September 23,
2011, the Exchange will not charge any User of BATS Options a fee for
bulk-quoting ports until October 1, 2011.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6 of the Act.\10\
Specifically, the Exchange believes that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\11\ in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and other persons using any facility or system which the
Exchange operates or controls. The Exchange notes that it operates in a
highly competitive market in which market participants can readily
direct order flow to competing venues if they deem fee levels at a
particular venue to be excessive. With respect to the fee change
related to price slid orders, the Exchange believes that the lack of a
fee or rebate for any execution of a price slid order that receives
price improvement over its ranked price is competitive, fair and
reasonable, and non-discriminatory in that this fee structure will
apply uniformly to all Members and because the proposed fee structure
is the same fee structure imposed for non-displayed orders that are
handled similarly. Finally, the Exchange believes that the lack of a
rebate for executions of orders subject to price sliding that receive
price improvement is appropriate because the price improvement received
will offset the change in the fee structure for such orders.
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    \10\ 15 U.S.C. 78f.
    \11\ 15 U.S.C. 78f(b)(4).
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    With respect to the proposed charge for ports with bulk-quoting
functionality, the Exchange notes that the use of such ports is
optional, and that market participants can continue to access BATS
Options through other logical ports free of charge. At the same time,
the Exchange believes that its fees for bulk-quoting logical ports are
reasonable, given the benefits and added efficiencies Users of BATS
Options will realize through such ports. In addition, the Exchange
believes that its fees are equitably allocated among its constituents
as they are uniform in application to all Users of BATS Options. The
Exchange believes that fees for each port with bulk-quoting
capabilities will enable it to cover the development and infrastructure
costs associated with offering and continuing to offer bulk-quoting
capabilities to BATS Options Users.

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

    The Exchange does not believe that the proposed rule change imposes
any burden on competition.

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

    No written comments were solicited or received.

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

    Pursuant to Section 19(b)(3)(A)(ii) of the Act \12\ and Rule 19b-
4(f)(2) thereunder,\13\ the Exchange has designated this proposal as
establishing or changing a due, fee, or other charge applicable to the
Exchange's Members and non-members, which renders the proposed rule
change effective upon filing.
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    \12\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \13\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-BATS-2011-037 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-BATS-2011-037. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room on official business
days between the hours of 10 a.m. and 3 p.m. Copies of such filing also
will be available for inspection and copying at the principal office of
the Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
BATS-2011-037 and should be submitted on or before October 24, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-25379 Filed 9-30-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 15 (Monday, January 24, 2022)]
[Rules and Regulations]
[Pages 3446-3449]
[FR Doc No: 2022-01248]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2021-0352; FRL-9419-01-OCSPP]

Nitrapyrin; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes a tolerance for residues of
nitrapyrin in or on cottonseed, crop subgroup 20C; cotton, gin
byproducts; cotton, meal; rice, grain; and rice, straw. Corteva
Agrosciences requested this tolerance under the Federal Food, Drug, and
Cosmetic Act (FFDCA).

DATES: This regulation is effective January 24, 2022. Objections and
requests for hearings must be received on or before March 25, 2022 and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2021-0352, is available at
https://www.regulations.gov or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket) in the Environmental Protection
Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg.,
Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460-0001. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is open to visitors by
appointment only. For the latest status information on EPA/DC services
and access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Anita Pease, Antimicrobials Division
(7510P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; main telephone
number:<PHONE_NUMBER>; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

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

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

    You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Office of the
Federal Register's e-CFR site at https://www.ecfr.gov/current/title-40.

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

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2021-0352 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing and must be received by the Hearing Clerk on or before
March 25, 2022. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2021-0352, by one of
the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/where-send-comments-epa-dockets.
    Additional instructions on commenting or visiting the docket, along
with more information about

dockets generally, is available at https://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of August 24, 2021 86 FR 47275 (FRL-8792-
02-OCSPP), EPA issued a document pursuant to FFDCA section 408(d)(3),
21 U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
0F8875) by Corteva Agrosciences, 9330 Zionsville Rd., Indianapolis, IN
46268. The petition requested that 40 CFR 180.350 be amended by
establishing a tolerance for combined residues or residues of the
nitrification inhibitor nitrapyrin and its metabolite, 6-
chloropicolinic acid (6-CPA), in or on cottonseed crop subgroup 20C;
cotton, gin byproducts; cotton, meal; rice, grain; and rice, straw at
4.0, 0.6, 6.0, 0.03 and 0.15 parts per million (ppm), respectively.
That document referenced a summary of the petition prepared by Corteva
Agrosciences, the registrant, which is included in the docket. There
were no comments received in response to the notice of filing.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue . .
. .''
    Consistent with FFDCA section 408(b)(2)(D), and the factors
specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for a tolerance for combined
residues or residues of nitrapyrin and its metabolite, 6-
chloropicolinic acid (6-CPA), in or on cottonseed crop subgroup 20C;
cotton, gin byproducts; cotton, meal; rice, grain; and rice, straw at
4.0, 0.6, 6.0, 0.03 and 0.15 parts per million (ppm), respectively.
EPA's assessment of exposures and risks associated with establishing
the tolerance follows.
    In an effort to streamline its publications in the Federal
Register, EPA is not reprinting sections that repeat what has been
previously published for tolerance rulemaking of the same pesticide
chemical. Where scientific information concerning a particular chemical
remains unchanged, the content of those sections would not vary between
tolerance rulemaking and republishing the same sections is unnecessary.
EPA considers referral back to those sections as sufficient to provide
an explanation of the information EPA considered in making its safety
determination for the new rulemaking.
    EPA has previously published a number of tolerance rulemakings for
nitrapyrin, in which EPA concluded, based on the available information,
that there is a reasonable certainty that no harm would result from
aggregate exposure to nitrapyrin and established tolerances for
residues of that chemical. EPA is incorporating previously published
sections from those rulemakings as described further in this
rulemaking, as they remain unchanged. On August 27, 2019, EPA published
in the Federal Register a final rule establishing tolerances for
residues of nitrapyrin in or on sugar beet molasses, sugar beet roots,
sugar beet tops, rapeseed seed, and the vegetable, tuberous and corm,
crop subgroup 1C. See (85 FR 48651) (FRL-10009-42). That document
contains a summary of the toxicological profile, assumptions for
dietary exposure assessment, cumulative risk, and the safety factor for
children, which have not changed. More detailed information on the
subject action to establish a tolerance in or on cotton and rice can be
found in the document titled, ``Nitrapyrin. Human Health Risk
Assessment for New Uses in/on Cotton and Rice,'' dated December 8, 2021
by going to https://www.regulations.gov. The referenced document is
available in the docket EPA-HQ-OPP-2021-0352.
    Toxicological profile. For a discussion of the Toxicological
Profile of nitrapyrin, see Unit III of the August 12, 2020 rulemaking
(85 FR 48651) (FRL-10009-42). There have been no changes to the
toxicological endpoints since the last risk assessment.
    Toxicological points of departure/Levels of concern. For a summary
of the Toxicological Points of Departure/Levels of Concern for
nitrapyrin, see the document titled: ``Nitrapyrin. Human Health Risk
Assessment for New Uses in/on Cotton and Rice,'' dated December 8,
2021, in docket number EPA-HQ-OPP-2021-0352.
    Exposure assessment. EPA's dietary exposure assessments have been
updated to include the additional exposure from the new uses of
nitrapyrin on cotton and rice. The assessment used the same assumptions
as the August 12, 2020 final rule concerning tolerance-level residues,
default processing factors for all processed commodities, and 100
percent crop treated.
    Drinking water exposure. EPA has revised the nitrapyrin drinking
water assessment since the August 12, 2020 final rule. Surface water
and groundwater modeling were simulated using the Pesticide in Water
Calculator (PWC version 2.0; Sep. 18, 2020) for use on cotton. The
Pesticides in Flooded Applications Model (PFAM; version 2.0; Sep. 27,
2016) was also used in surface water modeling for use on rice. The
highest estimated drinking water concentrations (EDWCs) are 124 [mu]g/L
for acute exposure and 111 [micro]g/L for chronic exposure from ground
water sources based on the Florida (FL) central ridge model scenarios.
    Non-occupational exposure. There are no currently registered or
proposed residential uses for nitrapyrin; therefore, residential
handler and post-application exposure and risks were not assessed.
    Cumulative exposures. Unlike other pesticides for which EPA has
followed a cumulative risk approach based on a common mechanism of
toxicity, EPA has not made a common mechanism of toxicity finding as to
nitrapyrin and any other substances and nitrapyrin does not appear to
produce a toxic metabolite produced by other substances. For the
purposes of this action, therefore, EPA has not assumed that nitrapyrin
has a common mechanism of toxicity with other substances.
    Safety factor for infants and children. EPA continues to conclude
that there are reliable data to support the reduction of the Food
Quality Protection Act (FQPA) safety factor. See Unit III of the August
12, 2020 final rule for a discussion of the Agency's rationale for that
determination.
    Aggregate risk and determination of safety. EPA determines whether
acute and chronic dietary pesticide exposures are safe by comparing
aggregate exposure estimates to the acute population adjusted dose
(aPAD) and the chronic population adjusted dose (cPAD). Short-,
intermediate-, and chronic term risks are evaluated by

comparing the estimated aggregate food, water, and residential exposure
to the appropriate points of departure to ensure that an adequate
margin of exposure (MOE) exists. For linear cancer risks, EPA
calculates the lifetime probability of acquiring cancer given the
estimated aggregate exposure.
    The acute dietary (food and water) risk estimates are below EPA's
level of concern for all population subgroups (<100% of the acute
population adjusted dose (aPAD)). The population subgroup with the
highest acute risk estimate is all-infants (<1 year-old), at 14% of the
aPAD. The chronic dietary (food and water) risk estimates are below
HED's level of concern for all population subgroups (<100% of the
chronic adjusted population dose (cPAD)). The population subgroup with
the highest chronic risk estimate is children (1 to 2 years old) at 26%
of the cPAD.
    Since there are no registered residential uses, the acute and
chronic aggregate exposure and risk assessment are equivalent to the
dietary (food and drinking water) exposure and risk estimates and are
below EPA's level of concern (<26% of the cPAD). Nitrapyrin is
classified as ``not likely to be carcinogenic to humans at doses that
do not result in constitutive androstane receptor (CAR) activation as
indicated by Cyp2b10 expression''. Therefore, the chronic dietary
endpoint and assessment are protective of all chronic risks, including
potential carcinogenic effects. More detailed information can be found
at https://www.regulations.gov in the document titled ``Nitrapyrin.
Human Health Risk Assessment for the Section 3 Registration Action for
New Uses on in/on Cotton and Rice,'' dated December 8, 2021 by going to
https://www.regulations.gov. The referenced document is available in
the docket EPA-HQ-OPP-2021-0352.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology (gas chromatography with electron
capture detection) is available to enforce the tolerance expression.
Seven analytical methods are available in Volume II of the Pesticide
Analytical Manual (PAM II--Pesticide Reg. Sec. 180.350) for tolerance
enforcement for nitrapyrin and/or for metabolite 6-CPA.

B. International Residue Limits

    Codex and Canada have not established maximum residue limits (MRLs)
for residues of nitrapyrin. Therefore, there are no issues related to
international harmonization. A summary of the MRLs can be found in
Appendix D of the document titled ``Nitrapyrin. Human Health Risk
Assessment for the Section 3 Registration Action for New Uses on in/on
Cotton and Rice,'' dated December 8, 2021 by going to https://www.regulations.gov. The referenced document is available in the docket
EPA-HQ-OPP-2021-0352.

C. Revisions to Petitioned-For Tolerances

    Rice straw is no longer considered a significant livestock feed
item and a tolerance is therefore unnecessary. Additionally, tolerance
values for cottonseed crop subgroup 20C, cotton, gin byproducts and
cotton meal are being established consistent with the Agency's rounding
class practice.

V. Conclusion

    Therefore, tolerances are established for the residues of
nitrapyrin in or on cottonseed crop subgroup 20C at 4 parts per million
(ppm); cotton, gin byproducts at 0.6 ppm; cotton, meal at 6 ppm; and
rice, grain at 0.03 ppm.

VI. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA section 408(d) in
response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997). This action does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any
special considerations under Executive Order 12898, entitled ``Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerances in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or Tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
Tribal governments, on the relationship between the National Government
and the States or Tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian Tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

VII. Congressional Review Act

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

List of Subjects in 40 CFR Part 180

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

    Dated: January 19, 2022.
Anita Pease,
Director, Antimicrobials Division, Office of Pesticide Programs.
    Therefore, for the reasons stated in the preamble, EPA is amending
40 CFR chapter I as follows:

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

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

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

0
2. In Sec.  180.350, amend the table in paragraph (a) by adding a table
heading and, in alphabetical order, the entries ``Cottonseed subgroup
20C''; ``Cotton, gin byproduct''; ``Cotton, meal''; and ``Rice, grain''
to read as follows:

Sec.  180.350  Nitrapyrin; tolerances for residues.

    (a) * * *

                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------

                                * * * * *
Cottonseed subgroup 20C.................................               4
Cotton, gin byproduct...................................             0.6
Cotton, meal............................................               6

                                * * * * *
Rice, grain.............................................            0.03

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

* * * * *
[FR Doc. 2022-01248 Filed 1-21-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: December 19, 2007 (Volume 72, Number 243)]
[Proposed Rules]
[Page 71832-71834]
[DOCID:fr19de07-34]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0345; Directorate Identifier 2007-NM-194-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A310-304, -322, -324, and
-325 Airplanes; and A300 Model B4-601, B4-603, B4-605R, B4-620, B4-622,
B4-622R, F4-605R, F4-622R, and C4-605R Variant F Airplanes (Commonly
Called Model A300-600 Series Airplanes)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    Due to the recalculation of loads for the Multi Role Transporter
and Tanker (MRTT) aircraft, it has been found that a structural
reinforcement at the aft section of the fuselage (FR (frame) 87-
FR91) is required for A300-600 aircraft and A310 aircraft with a
Trim Tank installed. * * *

The unsafe condition is the potential loss of structural integrity in
the aft section of the fuselage between FR87 through FR91, inclusive,
during extreme rolling and vertical maneuver combinations. The proposed
AD would require actions that are intended to address the unsafe
condition described in the MCAI.

DATES: We must receive comments on this proposed AD by January 18,
2008.

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 W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov
; or in person at the Docket Operations office

between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations 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 Stafford, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1622; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-0345;
Directorate Identifier 2007-NM-194-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on 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 proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2007-0173, dated June 18, 2007 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    Due to the recalculation of loads for the Multi Role Transporter
and Tanker (MRTT) aircraft, it has been found that a structural
reinforcement at the aft section of the fuselage (FR (frame) 87-
FR91) is required for A300-600 aircraft and A310 aircraft with a
Trim Tank installed. * * *

The unsafe condition is the potential loss of structural integrity in
the aft section of the fuselage between FR87 through FR91, inclusive,
during extreme rolling and vertical maneuver combinations. The
corrective action is reinforcing the structure at FR91. Related
investigative and corrective actions (reinforcement) include:
     Doing a rotating probe inspection for cracking of the
fastener holes;
     Reaming the fastener holes; and
     Contacting Airbus for repair instructions and repairing
any crack found in any reamed fastener hole.
    You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Airbus has issued Service Bulletins A310-53-2126 and A300-53-6156,
both dated November 28, 2006. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.

    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 160 products of U.S. registry. We also estimate that
it would take about 129 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Required parts would cost about $5,840 per product. Where
the service information lists required parts costs that are covered
under warranty, we have assumed that there will be no charge for these
costs. As we do not control warranty coverage for affected parties,
some parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $2,585,600, or $16,160 per product.

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 determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
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 proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Airbus: Docket No. FAA-2007-0345; Directorate Identifier 2007-NM-
194-AD.

Comments Due Date

    (a) We must receive comments by January 18, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A310-304, -322, -324, and -
325 airplanes, certificated in any category, all serial numbers,
except those which have received in service application of Airbus
Service Bulletin A310-53-2126 (Airbus modification No. 13011). This
AD also applies to Airbus A300 Model B4-601, B4-603, B4-605R, B4-
620, B4-622, B4-622R, F4-605R, F4-622R, and C4-605R Variant F
airplanes (commonly called Model A300-600 series airplanes),
certificated in any category, all serial numbers, except those which
have received application of Airbus modification No. 13273 in
production or application of Airbus Service Bulletin A300-53-6156 in
service.

Subject

    (d) Air Transport Association (ATA) of America Code 53:
Fuselage.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    Due to the recalculation of loads for the Multi Role Transporter
and Tanker (MRTT) aircraft, it has been found that a structural
reinforcement at the aft section of the fuselage (FR (frame) 87-
FR91) is required for A300-600 aircraft and A310 aircraft with a
Trim Tank installed. * * *
    The unsafe condition is the potential loss of structural
integrity in the aft section of the fuselage between FR87 through
FR91, inclusive, during extreme rolling and vertical maneuver
combinations. The corrective action is reinforcing the structure at
FR91. Related investigative and corrective actions (reinforcement)
include: Doing a rotating probe inspection for cracking of the
fastener holes; reaming the fastener holes; and contacting Airbus
for repair instructions and repairing any crack found in any reamed
fastener hole.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 2,500 flight cycles after the effective date of this
AD, reinforce the aft section of the fuselage, in accordance with
the Accomplishment Instructions of Airbus Service Bulletin A310-53-
2126 or Service Bulletin A300-53-6156, as applicable, both dated
November 28, 2006. Do all related and investigative corrective
actions, as applicable, before further flight.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows: No difference.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, 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 Stafford, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-1622; fax<PHONE_NUMBER>. Before using any approved AMOC
on any airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI EASA Airworthiness Directive 2007-0173, dated
June 18, 2007; Airbus Service Bulletin A310-53-2126, dated November
28, 2006; and Airbus Service Bulletin A300-53-6156, dated November
28, 2006; for related information.

    Issued in Renton, Washington, on December 10, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-24523 Filed 12-18-07; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 98 (Wednesday, May 20, 2020)]
[Notices]
[Pages 30694-30695]
[FR Doc No: 2020-10843]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3472-024]

Aspinook Hydro, LLC; Notice of Application Tendered for Filing
With the Commission and Soliciting Additional Study Requests and
Establishing Procedural Schedule for Relicensing and a Deadline for
Submission of Final Amendments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: P-3472-024.
    c. Date filed: April 30, 2020.
    d. Applicant: Aspinook Hydro, LLC.
    e. Name of Project: Wyre Wynd Hydroelectric Project.
    f. Location: On the Quinebaug River in New London and Windham
Counties, Connecticut. No federal lands are occupied by the project
works or located within the project boundary.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mark Boumansour, Chief Operating Officer,
Gravity Renewables, Inc., 1401 Walnut Street, Boulder, CO 80302; Phone
at<PHONE_NUMBER>, or email at<EMAIL_ADDRESS>    i. FERC Contact: Dr. Nicholas Palso at<PHONE_NUMBER>, or
<EMAIL_ADDRESS>    j. Cooperating agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item l below. Cooperating agencies should note
the Commission's policy that agencies that cooperate in the preparation
of the environmental document cannot also intervene. See 94 FERC ]
61,076 (2001).
    k. Pursuant to section 4.32(b)(7) of 18 CFR of the Commission's
regulations, if any resource agency, Indian Tribe, or person believes
that an additional

scientific study should be conducted in order to form an adequate
factual basis for a complete analysis of the application on its merit,
the resource agency, Indian Tribe, or person must file a request for a
study with the Commission not later than 70 days from the date of
filing of the application, and serve a copy of the request on the
applicant.
    l. Deadline for filing additional study requests and requests for
cooperating agency status: July 9, 2020.
    The Commission strongly encourages electronic filing. Please file
additional study requests and requests for cooperating agency status
using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. For assistance, please contact FERC Online Support
at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202)
502-8659 (TTY).
    m. The application is not ready for environmental analysis at this
time.
    n. Project Description: The existing Wyre Wynd Hydroelectric
Project consists of: (1) A concrete-encased masonry dam that includes
the following sections: (a) A 473-foot-long, 19-foot-high spillway
section with a crest elevation of 95.3 feet National Geodetic Vertical
Datum of 1929 (NGVD) and 2-foot-high flashboards at an elevation of
97.3 feet NGVD at the top of the flashboards; (b) a left abutment
section; and (c) a right abutment section; (2) a 333-acre impoundment
with a normal elevation of 97.3 feet NGVD; (3) a 100-foot-long, 25-
foot-wide headgate structure with five 10.5-foot-wide, 11.5-foot-high
sluice gates; (4) a 170-foot-long, 50-foot-wide forebay with five 13-
foot-high, 9.5-foot-wide flood gates, a 110-foot-long overflow weir,
and two 13-foot-high, 9.5-foot-wide low-level outlet gates; (5) a
powerhouse intake structure located at the downstream end of the
forebay that includes: (a) A 38.2-foot-long, 20- to 21.3- foot-wide
trashrack with 2.6-inch clear-bar spacing; (b) a 16-foot-long, 12-foot-
diameter steel penstock that provides flow to a 2.7-megawatt (MW) S-
type Kaplan turbine-generator unit located inside of a 75-foot-long,
30-foot-wide concrete powerhouse; and (c) a 450-foot-long, 60-foot-wide
tailrace; (6) a minimum flow unit intake structure that branches off of
the right side of forebay approximately 35 feet downstream of the
headgate structure, and that includes: (a) A 20-foot-long, 9-foot-wide
trashrack with 1.5-inch clear-bar spacing; (b) a 40-foot-long, 4-foot-
diameter steel penstock that provides flow to a 0.08-megawatt (MW)
propeller-type turbine-generator unit located outside; and (c) a 10-
foot-long, 30-foot-wide tailrace; (7) two generator leads connecting
the turbine-generator units to the local electric distribution system;
and (8) appurtenant facilities. The project creates an approximately
400-foot-long bypassed reach of the Quinebaug River.
    The current license requires an instantaneous minimum flow of 120
cubic feet per second (cfs), or the inflow, whichever is less,
downstream of the dam to protect fish and wildlife resources in the
Quinebaug River.
    The project had an average annual generation production of
approximately 11,000,000 kilowatt-hours from 2003 through 2015.
    Aspinook proposes to: (1) Operate the project in run-of-river mode;
(2) provide an 84-cfs minimum flow to the bypassed reach; and (3)
provide upstream and downstream fish passage.
    o. In addition to publishing the full text of this notice in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this notice, as well
as other documents in the proceeding (e.g., license application) via
the internet through the Commission's Home Page (http://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 (P-
3472). At this time, the Commission has suspended access to the
Commission's Public Reference Room due to the proclamation declaring a
National Emergency concerning the Novel Coronavirus Disease (COVID-19),
issued by the President on March 13, 2020. For assistance, contact FERC
at<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or
(202) 502-8659 (TTY).
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    p. Procedural schedule and final amendments: The application will
be processed according to the following preliminary schedule. Revisions
to the schedule will be made as appropriate.

Issue Deficiency Letter (if necessary)--July 2020
Request Additional Information--July 2020
Issue Acceptance Letter--October 2020
Issue Scoping Document 1 for comments--November 2020
Request Additional Information (if necessary)--January 2021
Issue Scoping Document 2--February 2021
Issue Notice of Ready for Environmental Analysis--February 2021
Commission issues Environmental Assessment--August 2021

    Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

    Dated: May 14, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-10843 Filed 5-19-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 251 (Friday, December 30, 2011)]
[Notices]
[Pages 82310-82311]
[FR Doc No: 2011-33548]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0002]

Oncologic Drugs Advisory Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Oncologic Drugs Advisory Committee.
    General Function of the Committee: To provide advice and
recommendations to the Agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on February 8, 2012, from 8
a.m. to 12:30 p.m.
    Location: FDA White Oak Campus, 10903 New Hampshire Ave., Building
31 Conference Center, the Great Room (rm. 1503), Silver Spring, MD
20993-0002. Information regarding special accommodations due to a
disability, visitor parking, and transportation may be accessed at:
http://www.fda.gov/AdvisoryCommittees/default.htm; under the heading
``Resources for You,'' click on ``Public Meetings at the FDA White Oak
Campus.'' Please note that visitors to the White Oak Campus must enter
through Building 1.
    Contact Person: Caleb Briggs, Center for Drug Evaluation and
Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
31, rm. 2417, Silver Spring, MD 20993-0002,<PHONE_NUMBER>, Fax: (301)
847-8533, email<EMAIL_ADDRESS>or FDA Advisory Committee
Information Line, 1<PHONE_NUMBER> ((301) 443-0572 in the Washington,
DC area), and follow the prompts to the desired center or product area.
Please call the Information Line for up-to-date information on this
meeting. A notice in the Federal Register about

last minute modifications that impact a previously announced advisory
committee meeting cannot always be published quickly enough to provide
timely notice. Therefore, you should always check the Agency's Web site
and call the appropriate advisory committee hot line/phone line to
learn about possible modifications before coming to the meeting.
    Agenda: The committee will discuss supplemental biologics license
application 125320/28 for XGEVA (denosumab) injection, application
submitted by Amgen Inc. The proposed indication (use) for this product
is for the treatment of men with castrate-resistant prostate cancer at
high risk of developing bone metastases, or spread of cancer to the
bones.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
January 25, 2012. Oral presentations from the public will be scheduled
between approximately 10:30 a.m. to 11:30 a.m. Those individuals
interested in making formal oral presentations should notify the
contact person and submit a brief statement of the general nature of
the evidence or arguments they wish to present, the names and addresses
of proposed participants, and an indication of the approximate time
requested to make their presentation on or before January 17, 2012.
Time allotted for each presentation may be limited. If the number of
registrants requesting to speak is greater than can be reasonably
accommodated during the scheduled open public hearing session, FDA may
conduct a lottery to determine the speakers for the scheduled open
public hearing session. The contact person will notify interested
persons regarding their request to speak by January 18, 2012.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Caleb Briggs at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: December 22, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-33548 Filed 12-29-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 79, Number 119 (Friday, June 20, 2014)]
[Notices]
[Pages 35339-35340]
[FR Doc No: 2014-14468]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13714-001]

El Dorado Irrigation District; Notice of Application To Amend
Exemption (Conduit) Accepted for Filing, Soliciting Comments, Motions
To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Amendment of Exemption (Conduit).
    b. Project No: 13714-001.
    c. Date Filed: May 22, 2014.
    d. Applicant: El Dorado Irrigation District.
    e. Name of Project: Tank 7 In-Conduit Hydroelectric Project.
    f. Location: The small conduit hydropower project would be located
on the Pleasant Oak main pipeline at the Tank 7 storage tank in El
Dorado County, California.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Brian Deason, Hydroelectric Compliance
Analyst, 2890 Mosquito Road, Placerville, CA 95667,<PHONE_NUMBER>.
    i. FERC Contact: Christopher Chaney,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests, is 30 days from the issuance date of this notice by the
Commission. The Commission strongly encourages electronic filing.
Please file any motion to intervene, protest, comments, and/or
recommendations using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-13714-001.
    k. Description of Request: El Dorado Irrigation District proposes
to amend the exemption to reduce the number of authorized generating
units from three to two, and reduce the installed capacity from 590
kilowatts to 420 kilowatts. Due to the reduction in units, El Dorado
also proposes to reduce the size of the powerhouse and project
boundary.
    l. Locations of the Application: This filing may be viewed on the
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number P-13714 in the docket number field to access
the document. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and
issuances related to this or other pending projects. For assistance,
call 1-866-208-3676 or email<EMAIL_ADDRESS>for TTY, call
(202) 502-8659. A copy is also available for inspection and
reproduction at the address in item (h) above and at the Commission's
Public Reference Room, located at 888 First Street NE., Room 2A,
Washington, DC 20426, or by calling<PHONE_NUMBER>.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.

    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE'' as applicable; (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis and otherwise comply with the requirements of 18 CFR
4.34(b). All comments, motions to intervene, or protests should relate
to project works which are the subject of the license amendment.
Agencies may obtain copies of the application directly from the
applicant. A copy of any protest or motion to intervene must be served
upon each representative of the applicant specified in the particular
application. If an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.

    Dated: June 16, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-14468 Filed 6-19-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 44 (Thursday, March 6, 2014)]
[Notices]
[Pages 12712-12713]
[FR Doc No: 2014-04922]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71636; File No. SR-FINRA-2013-036]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Designation of Longer Period for Commission
Action on Proceedings To Determine Whether To Approve or Disapprove a
Proposed Rule Change, as Modified by Amendment No. 1, Relating to Wash
Sale Transactions and FINRA Rule 5210 (Publication of Transactions and
Quotations)

February 28, 2014.
    On August 15, 2013, the Financial Industry Regulatory Authority,
Inc. (``FINRA'') filed with the Securities and Exchange Commission
(``Commission'') pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to add Supplementary Material .02 to FINRA Rule
5210 (Publication of Transactions and Quotations) to emphasize that
wash sale transactions are generally non-bona fide transactions and
that members have an obligation to have policies and procedures in
place to review their trading activity for, and prevent, wash sale
transactions. The proposed rule change was published for comment in the
Federal Register on September 4, 2013.\3\ The Commission received five
comment letters on the proposed rule change.\4\ On October 4, 2013, the
Commission extended the time period for Commission action to December
3, 2013.\5\ On December 2, 2013, FINRA submitted a response to the
comment letters \6\ and filed Amendment No. 1 to the proposed rule
change. On December 3, 2013, the Commission published for comment both
Amendment No. 1 and an order instituting proceedings under Section
19(b)(2)(B) of the Act \7\ to determine whether to approve or
disapprove the proposed rule change, as modified by Amendment No. 1.\8\
The Commission received three comment letters on the Notice of Filing
of Amendment No. 1 and Order Instituting Proceedings.\9\ On February
24, 2014, FINRA submitted a response to the comment letters.\10\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 70276 (August 28,
2013), 78 FR 54502 (``Notice'').
    \4\ See letter from Anonymous to Elizabeth M. Murphy, Secretary,
Commission, dated September 9, 2013 (``Anonymous Letter''); letter
from William A. Jacobson, Clinical Professor of Law, and Director,
Cornell Securities Law Clinic, and Jimin Lee, Cornell University Law
School, to Elizabeth M. Murphy, Secretary, Commission, dated
September 25, 2013 (``Cornell Letter''); letter from Stuart J.
Kaswell, Executive Vice President, Managing Director and General
Counsel, Managed Funds Association, to Elizabeth M. Murphy,
Secretary, Commission, dated September 25, 2013 (``MFA Letter'');
letter from Manisha Kimmel, Executive Director, Financial Industry
Forum, to Elizabeth M. Murphy, Secretary, Commission, dated
September 25, 2013 (``FIF Letter''); and letter from Theodore R.
Lazo, Managing Director and Associate General Counsel, Securities
Industry and Financial Markets Association, to Elizabeth M. Murphy,
Secretary, Commission, dated October 4, 2013 (``SIFMA Letter'').
    \5\ See Securities Exchange Act Release No. 70613 (October 4,
2013), 78 FR 62784 (October 22, 2013).
    \6\ See letter from Brant K. Brown, Associate General Counsel,
FINRA, to Elizabeth M. Murphy, Secretary, Commission, dated December
2, 2013 (``FINRA Response 1'').
    \7\ 15 U.S.C. 78s(b)(2)(B).
    \8\ See Securities Exchange Act Release No. 70966 (December 3,
2013), 78 FR 73900 (December 9, 2013) (``Notice of Filing of
Amendment No. 1 and Order Instituting Proceedings'').
    \9\ See letter from Manisha Kimmel, Executive Director,
Financial Industry Forum, to Elizabeth M. Murphy, Secretary,
Commission, dated December 23, 2013 (``FIF Letter 2''); letter from
Mary Ann Burns, Chief Operating Officer, Futures Industry
Association, to Elizabeth M. Murphy, Secretary, Commission, dated
January 6, 2014 (``FIA PTG Letter''); and letter from Theodore R.
Lazo, Managing Director and Associate General Counsel, Securities
Industry and Financial Markets Association, to Elizabeth M. Murphy,
Secretary, Commission, dated January 13, 2014 (``SIFMA Letter 2'').
    \10\ See letter from Brant K. Brown, Associate General Counsel,
FINRA, to Elizabeth M. Murphy, Secretary, Commission, dated February
24, 2014 (``FINRA Response 2'').
---------------------------------------------------------------------------

    Section 19(b)(2)(B)(ii)(I) of the Act provides that, after
initiating disapproval proceedings, the Commission shall issue an order
approving or disapproving a proposed rule change not later than 180
days after the date of publication of notice of the filing of the
proposed rule change.\11\ The Commission may extend the period for
issuing an order approving or disapproving the proposed rule change,
however, by not more than 60 days if the Commission determines that a
longer period is appropriate and publishes the reasons for the

determination.\12\ The proposed rule change was published for comment
in the Federal Register on September 4, 2013. The 180th day after that
publication is March 3, 2014.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(2)(B)(ii)(I).
    \12\ 15 U.S.C. 78s(b)(2)(B)(ii)(II).
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to issue an order approving or disapproving the proposed
rule change, as amended, so that it has sufficient time to consider the
amended proposal, the issues raised in the comment letters on the
amended proposal, and FINRA's response to the comments.
    Accordingly, the Commission, pursuant to Section
19(b)(2)(B)(ii)(II) of the Act,\13\ designates May 2, 2014, as the date
by which the Commission should either approve or disapprove the
proposed rule change (SR-FINRA-2013-036).
---------------------------------------------------------------------------

    \13\ Id.
    \14\ 17 CFR 200.30-3(a)(57).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-04922 Filed 3-5-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 136 (Monday, July 18, 2022)]
[Notices]
[Page 42793]
[FR Doc No: 2022-14986]

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

Federal Aviation Administration

Notice of Intent To Rule on a Land Release Request at Camdenton
Memorial-Lake Regional Airport (OZS), Camdenton, MO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of request to release of airport land.

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SUMMARY: The FAA proposes to rule and invites public comment on the
request to release and sell two parcels of land totaling 1.03 acres of
federally obligated airport property at the Camdenton Memorial-Lake
Regional Airport (OZS), Camdenton, Missouri.

DATES: Comments must be received on or before August 17, 2022.

ADDRESSES: Comments on this application may be mailed or delivered to
the FAA at the following address: Amy J. Walter, Airports Land
Specialist, Federal Aviation Administration, Airports Division, ACE-
620G, 901 Locust, Room 364, Kansas City, MO 64106.
    In addition, one copy of any comments submitted to the FAA must be
mailed or delivered to: Jeffrey J. Hooker, City Administrator, City of
Camdenton, 437 W US Hwy. 54, Camdenton, MO 65020,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Amy J. Walter, Airports Land
Specialist, Federal Aviation Administration, Airports Division, ACE-
620G, 901 Locust, Room 364, Kansas City, MO 64106,<PHONE_NUMBER>,
[email protected]. The request to release property may be reviewed, by
appointment, in person at this same location.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on the
request to release two parcels of land totaling 1.03 acres of airport
property at the Camdenton Memorial-Lake Regional Airport (OZS) under
the provisions of 49 U.S.C. 47107(h)(2). The City of Camdenton
requested a release from the FAA to sell one parcel, totaling
approximately 0.26 acres, to Camden County for road right-of-way and
one parcel totaling approximately 0.47 acres, to an adjoining property
owner, James E. Newman. The FAA determined this request to release and
sell property at the Camdenton Memorial Lake-Regional Airport (OZS)
submitted by the Sponsor meets the procedural requirements of the FAA
and the release and sale of the property does not and will not impact
future aviation needs at the airport. The FAA may approve the request,
in whole or in part, no sooner than thirty days after the publication
of this notice.
    The following is a brief overview of the request:
    The Camdenton Memorial-Lake Regional Airport (OZS) is proposing the
release and sale of a two parcels of airport property containing 1.03
acres. The release of land is necessary to comply with Federal Aviation
Administration Grant Assurances that do not allow federally acquired
airport property to be used for non-aviation purposes. The sale of the
subject property will result in the land at the Camdenton Memorial-Lake
Regional Airport (OZS) being changed from aeronautical to non-
aeronautical use and release the lands from the conditions of the
Airport Improvement Program Grant Agreement Grant Assurances in order
to sell the land. In accordance with 49 U.S.C. 47107(c)(2)(B)(i) and
(iii), the airport will receive fair market value for the property,
which will be subsequently reinvested in another eligible airport
improvement project for general aviation use.
    Any person may inspect, by appointment, the request in person at
the FAA office listed above under FOR FURTHER INFORMATION CONTACT. In
addition, any person may request an appointment to inspect the
application, notice and other documents determined by the FAA to be
related to the application in person at the Camdenton City Hall.

    Issued in Kansas City, MO, on July 8, 2022.
James A. Johnson,
Director, FAA Central Region, Airports Division.
[FR Doc. 2022-14986 Filed 7-15-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: December 17, 2008 (Volume 73, Number 243)]
[Notices]
[Page 76628]
[DOCID:fr17de08-58]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. EG08-92-000; EG08-93-000; EG08-94-000; EG08-95-000; EG08-
96-000; EG08-97-000; EG08-98-000]

Ashtabula Wind, LLC; Greenfield Energy Centre, LP; Fowler Ridge
Wind Farm LLC; Flat Ridge Wind Energy, LLC; Fowler Ridge III Wind Farm
LLC; Walnut Creek Energy, LLC; Elbow Creek Wind Project LLC; Notice of
Effectiveness of Exempt Wholesale; Generator Status

December 10, 2008.
    Take notice that during the month of November 2008, the status of
the above-captioned entities as Exempt Wholesale Generators Companies
became effective by operation of the Commission's regulations 18 CFR
366.7(a).

Kimberly D. Bose,
Secretary.
[FR Doc. E8-29873 Filed 12-16-08; 8:45 am]

BILLING CODE 6717-01-P