[Federal Register: April 15, 2009 (Volume 74, Number 71)]
[Notices]
[Page 17579-17585]
[DOCID:fr15ap09-138]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2004-0109; FRL-8399-7]

Final List of Initial Pesticide Active Ingredients and Pesticide
Inert Ingredients to be Screened Under the Federal Food, Drug, and
Cosmetic Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Section 408(p) of the Federal Food, Drug, and Cosmetic Act
(FFDCA) directs EPA to develop a chemical screening program using
appropriate validated test systems and other scientifically relevant
information to determine whether certain substances may have hormonal
effects. In September 2005, EPA published its approach for selecting
the initial list of chemicals for which testing will be required under
the Endocrine Disruptor Screening Program (EDSP) and in June 2007, EPA
published the draft list of the first group of chemicals proposed for
screening in the Agency's EDSP. This document presents the final list
of the first group of chemicals that will be screened in the Agency's
EDSP. The list was produced using the approach described in the
September 2005 notice and considers comments received in response to
the June 2007 draft list. The list includes chemicals that the Agency,
in its discretion, has decided should be tested first, based upon
exposure potential. The Agency deleted 6 chemicals from the original
list of 73 based upon recent information showing that the chemicals are
no longer expected to be found in 3 exposure pathways. The first group
of 67 chemicals identified for testing includes pesticide active
ingredients and High Production Volume (HPV) chemicals used as
pesticide inert ingredients (also known as other ingredients). This
list should not be construed as a list of known or likely endocrine
disruptors. Nothing in the approach for generating the initial list
provides a basis to infer that by simply being on this list these
chemicals are suspected to interfere with the endocrine systems of
humans or other species, and it would be inappropriate to do so. This
document does not describe other aspects of the EDSP such as the
administrative procedures EPA will use to require testing, which is
addressed in a separate notice published in today's Federal Register.

FOR FURTHER INFORMATION CONTACT: Linda Phillips, Office of Science
Coordination and Policy (7203M), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202) 564-1264; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. You may be
potentially affected by this action if you produce, manufacture, use,
consume, work with, or import pesticide chemicals. To determine whether
you or your business may be affected by this action, you should
carefully examine section 408(p) of FFDCA, 21 U.S.C. 346a(p).
Potentially affected entities, using the North American Industrial
Classification System (NAICS) codes to assist you and others in
determining whether this action might apply to certain entities, may
include, but are not limited to:
     Chemical manufacturers, importers and processors (NAICS
code 325), e.g., persons who manufacture, import or process chemical
substances.
     Pesticide, fertilizer, and other agricultural chemical
manufacturers (NAICS code 3253), e.g., persons who manufacture, import
or process pesticide, fertilizer and agricultural chemicals.
     Scientific research and development services (NAICS code
5417), e.g., persons who conduct testing of chemical substances for
endocrine effects.
    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. 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 Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPPT-2004-0109. All documents
in the docket are listed in the docket index available in
regulations.gov. To access the electronic docket, go to http://
www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
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, will be publicly
available only in hard copy. Publicly available docket materials are
available electronically at http://www.regulations.gov, or, if only
available in hard copy, at the OPPT Docket. The OPPT Docket is located
in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301
Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room
hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding Federal holidays. The telephone number of the EPA/DC Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPPT
Docket is<PHONE_NUMBER>. Docket visitors are required to show
photographic identification, pass through a metal detector, and sign
the EPA visitor log. All visitor bags are processed through an X-ray
machine and subject to search. Visitors will be provided an EPA/DC
badge that must be visible at all times in the building and returned
upon departure.
    2. Electronic access. 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 access information
about the EDSP at http://www.epa.gov/scipoly/oscpendo/index.htm.

II. Introduction

A. What Action is the Agency Taking?

    EPA is announcing the final list of the first group of chemicals
that will be screened in the Agency's Endocrine Disruptor Screening
Program (EDSP) based on the approach described in the Federal Register
notice of September 27, 2005 (70 FR 56449) (FRL-7716-9), and
consideration of comments received on the draft list of chemicals
published in the Federal Register notice of June 18, 2007 (72 FR 33486)
(FRL-8129-3). The approach focused on human exposure-related factors
rather than a combination of exposure- and effects-related factors. The
approach did not include a literature search for or consideration of
any data on potential endocrine effects. Because EPA developed this
list of chemicals based upon exposure potential, it should not be
construed as a list of known or likely endocrine disruptors, and it
would be inappropriate to do so. Nothing in the approach for generating
the initial list provides a basis to infer that by simply being on this
list these chemicals are suspected to interfere with the endocrine
systems of humans or other species.
    The first group of chemicals to be tested consists of chemicals
that section 408(p) of the Federal Food, Drug, and Cosmetic Act (FFDCA)
requires be screened, i.e., pesticide active ingredients and chemicals
used as pesticide inert ingredients (also known as other ingredients)
that are also HPV chemicals. EPA anticipates that it may, in the
future, modify its approach to selecting chemicals for screening.
Information and factors that EPA may consider in selecting chemicals
could include: Public input; the results of testing chemicals on the
initial list; management considerations to increase the integration of
screening with other regulatory activities within the Agency;
implementation considerations flowing from a decision to extend
screening to additional categories of chemicals (e.g., non-pesticide
chemical substances); and the availability of new priority setting
tools (e.g., High Throughput Pre-screening or Quantitative Structure
Activity Relationships models). More information on EPA's priority
setting approach is available at http://www.epa.gov/scipoly/oscpendo/
pubs/prioritysetting.
    EPA's general focus in the approach for the initial list was on
pesticide active ingredients and inert ingredients with relatively
greater potential for human exposure. The emphasis on human exposure
does not necessarily mean that the list will not contain substances
that may not also have potentially high levels of environmental
exposure to ecological receptors. This Federal Register document
identifies the chemicals that were removed from the draft list and
presents the final list of the first group of chemicals that will be
screened in the Agency's EDSP in alphabetical order. This document does
not describe other aspects of the EDSP such as the administrative
procedures EPA will use to require testing, the validated tests and
battery that will be included in the EDSP, or the timeframe for
requiring the testing or receiving the data. These topics will be
addressed in separate notices published in the Federal Register, with
the administrative procedures described in a separate notice published
in today's Federal Register.

B. What is the Agency's Authority for Taking this Action?

    Section 408(p) of FFDCA requires EPA to ``develop a screening
program, using appropriate validated test systems and other
scientifically relevant information, to determine whether certain
substances may have an effect in humans that is similar to an effect
produced by a naturally occurring estrogen, or such other endocrine
effect as [EPA] may designate.'' (21 U.S.C. 346a(p)). The statute
generally requires EPA to ``provide for the testing of all pesticide
chemicals.'' (21 U.S.C. 346a(p)(3)). However, EPA is authorized to
exempt a chemical, by order upon a determination that ``the substance
is anticipated not to produce any effect in humans similar to an effect
produced by a naturally occurring estrogen.'' (21 U.S.C. 346a(p)(4)).
``Pesticide chemical'' is defined as ``any substance that is a
pesticide within the meaning of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), including all active and inert ingredients of
such pesticide.'' (21 U.S.C. 321(q)(1)).

III. Background

    EPA developed its EDSP in response to the Congressional mandate in
section 408(p) of FFDCA to ``develop a screening program. . .to
determine whether certain substances may have an effect in humans that
is similar to an effect produced by a naturally occurring estrogen, or
such other endocrine effects as [EPA] may designate'' (21 U.S.C.
346a(p)). When carrying out the program, the statute requires EPA to
``provide for the testing of all pesticide chemicals.'' The statute
also provides EPA with discretionary authority to ``provide for the
testing of any other substance that may have an effect that is
cumulative to an effect of a pesticide chemical if the Administrator
determines that a substantial population may be exposed to such a
substance.'' In addition, section 1457 of the Safe Drinking Water Act
(SDWA) provides EPA with discretionary authority to provide for
testing, under the FFDCA section 408(p) screening program, ``of any
other substances that may be found in sources of drinking water if the
Administrator determines that a substantial population may be exposed
to such substance.''
    EPA initially set forth the EDSP in the August 11, 1998 Federal
Register notice (63 FR 42852) (FRL-6021-3), and solicited public
comment on the program in the December 28, 1998 Federal Register notice
(63 FR 71542) (FRL-6052-9). The program set forth in these notices was
based on the recommendations of the Endocrine Disruptor Screening and
Testing Advisory Committee (EDSTAC), which was chartered under the
Federal Advisory Committee Act (FACA), 5 U.S.C. App.2, section 9(c).
The EDSTAC was comprised of members representing the commercial
chemical and pesticides industries, Federal and State agencies,

worker protection and labor organizations, environmental and public
health groups, and research scientists.
    EDSTAC recommended that EPA's program address both potential human
and ecological effects; examine effects on estrogen, androgen, and
thyroid hormone-related processes; and include non-pesticide chemicals,
contaminants, and mixtures in addition to pesticides (Ref. 1). Based on
these recommendations, EPA developed a two-tiered approach, referred to
as the EDSP. The purpose of Tier 1 screening (referred to as
``screening'') is to identify substances that have the potential to
interact with the estrogen, androgen, or thyroid hormone systems using
a battery of assays. The purpose of Tier 2 testing (referred to as
``testing'') is to identify and establish a dose-response relationship
for any adverse effects that might result from the interactions
identified through the Tier 1 assays. EDSTAC also recommended that EPA
establish a priority-setting approach for choosing chemicals to undergo
Tier 1 screening. EPA described this approach in the Federal Register
of September 2005. More information on EPA's priority setting approach
for the EDSP is available at http://www.epa.gov/scipoly/oscpendo/
prioritysetting.
    EPA currently is implementing its EDSP in three major parts that
are being developed in parallel.
    1. Assay validation. Under FFDCA section 408(p), EPA is required to
use ``appropriate validated test systems and other scientifically
relevant information'' to determine whether substances may have
estrogenic effects in humans or other endocrine effects as the
Administrator may designate. Validation is defined as the process by
which the reliability and relevance of test methods are evaluated for
the purpose of supporting a specific use. The proposed EDSP Tier 1
screening battery of assays was presented to the FIFRA Scientific
Advisory Panel (SAP) during a public meeting on March 25-27, 2008. The
FIFRA SAP report covering the meeting is available at http://
www.epa.gov/scipoly/sap/meetings/2008/march/minutes2008-03-25.pdf. The
final Tier 1 battery will be announced in a separate Federal Register
document that the Agency anticipates issuing in spring 2009. EPA is
also in the process of developing and validating Tier 2 tests. The
status of each assay can be viewed on the EDSP website in the Assay
Status table: http://www.epa.gov/scipoly/oscpendo/pubs/assayvalidation/
status.htm.
    2. Priority setting. EPA described its priority setting approach
for the first group of pesticide chemicals to be tested in the Federal
Register of September 2005, and proposed the draft list of initial
chemicals for review and public comment in the Federal Register notice
of June 18, 2007 (72 FR 33486) (FRL-8129-3). The Agency is responding
to the public comments in a separate document (Ref. 2) posted in the
docket that was established for this action (EPA-HQ-OPPT-2004-0109).
This document today announces the final list of initial chemicals to
undergo Tier 1 screening. More information on EPA's priority setting
approach for the EDSP is available at http:/ /www.epa.gov/scipoly/
oscpendo/prioritysetting.
    3. Procedures. EPA intends to commence Tier 1 screening of the
first group of pesticide chemicals by issuing test orders under FFDCA
section 408(p) to chemical companies identified as the manufacturer or
processor of the identified chemicals and/or the pesticide registrants.
EPA published draft policies and procedures in the Federal Register
notice of December 13, 2007 (72 FR 70842) (FRL-8340-3), that describes
the procedures that EPA will use to issue orders, the procedures that
Order recipients would use to respond to the order, how data protection
and compensation will be addressed in the test orders, and other
related procedures or policies. In addition, EPA developed a draft
template for the test order and a draft information collection request
(ICR) to obtain the necessary clearances under the Paperwork Reduction
Act (PRA). Elsewhere is this issue of the Federal Register, the Agency
is publishing the final policies and procedures, and the announcement
of the ICR's submission to OMB.
    Based on the current timing for each of the three major parts of
the EDSP, the Agency intends to initiate the EDSP Tier 1 screening for
the first group of pesticide chemicals by issuing test orders in 2009.
This document deals only with the final list of chemicals initially
selected to go through screening in the Tier 1 assays.

IV. Development of the Initial List of Chemicals

    The development of the initial list of chemicals is described in
detail in the September 2005 and the June 2007 Federal Register
notices.
Comments on the Final List
    EPA received comments on the proposed initial list including
suggestions for additional chemicals, questions regarding the need for
Tier 1 screening data, the future chemical selection approach, and
claims for removal of chemicals from the list. One of the main concerns
was whether and how EPA would consider existing data in determining
what screening assays were necessary. Although EPA does not currently
intend to tailor test orders based on existing information, as
articulated in the Reponse to Comments on the Draft List of Initial
Pesticide Active Ingredients and Pesticide Inert Ingredients to be
Screened under the Federal Food, Drug, and Cosmetic Act (Ref. 2), EPA
will provide a mechanism whereby test order recipients and the public
can provide information on specific chemicals for which test orders are
issued. A test order recipient can elect to cite or submit existing
data the recipient believes can be used to satisfy part or all of the
Tier 1 Order and/or otherwise inform the determination as to whether
the substance may have an effect that is similar to an effect produced
by a substance that interacts with the estrogen, androgen and/or
thyroid hormonal systems. In order for EPA to review the submission in
a timely manner, in submitting or citing existing data, the order
recipient should consider providing an explanation of the relevance of
the data to the order, including, where appropriate, a cogent and
complete rationale for why it believes the information is sufficient to
satisfy part or all of the Tier 1 Order. The recipient's response to
test orders for Tier 1 assays will be evaluated by EPA to determine
whether the cited data can be used to satisfy the order and/or
otherwise inform the Tier 1 determination. This will require a case-by-
case determination of whether the information submitted is of high
quality and achieves the objective of Tier 1. This approach is
consistent with ensuring effective and efficient use of societal and
government resources in generating and reviewing data, as well as
minimizing the use of animals in regulatory testing, to achieve the
information base needed to support a specified objective.
    These comments have been addressed in a document, entitled Reponse
to Comments on the Draft List of Initial Pesticide Active Ingredients
and Pesticide Inert Ingredients to be Screened under the Federal Food,
Drug, and Cosmetic Act (Ref. 2), available in the docket for this
action under docket ID number EPA-HQ-OPPT-2004-0109. In addition, the
Agency has written a paper entitled EPA's Approach for Considering
Other Scientifically Relevant Information (OSRI) under the Endocrine
Disruptor Screening Program. This paper was developed by EPA to provide
guidance to EPA staff and managers who will be reviewing the responses
to Tier 1 Orders issued under the EDSP, and may also be of interest to

parties considering whether to submit other scientically relevant
information to EPA. This paper provides general guidance and is not
binding on either EPA or any outside parties. Anyone may provide other
scientifically relevant information, and the Agency will assess the
information for appropriateness on a case-by-case basis, responding to
the submitter in writing, and making EPA's determination publicly
available. A copy of this paper has been placed in the Docket for the
Policies and Procedures for the Initial EDSP Screening (Docket ID
number EPA-HQ-OPPT-2007-1080).

V. The Final List of Initial Pesticide Active Ingredients and Pesticide
Inert Ingredients (also known as other ingredients) to be Considered
for Screening under the FFDCA

A. Chemicals Removed from the Draft List of Proposed Chemicals for
Initial Screening

    No HPV pesticide inert ingredients were removed. Six pesticide
active chemicals were removed from the draft list of proposed chemicals
for initial screening that resulted in this final list. Two of the
chemicals, azinphos-methyl and fenvalerate, were removed from the list
because all uses of these pesticides have ended or will end before Tier
2 data could be generated in 2012. The remaining four chemicals were
removed based on a reassessment of their uses that confirmed that they
would only be expected to be present in two, instead of three, exposure
pathways (i.e., the criterion for selecting chemicals for the initial
list was the presence of the chemical in at least three of the four
exposure pathways where the food and occupational exposure pathways
were represented). Specifically, aldicarb, allethrin, dichlorvos, and
methiocarb, were removed from the initial list because changes in their
use and application methods has eliminated the potential for exposure
in one or more pathways. As described in the September 2005 and June
2007 Federal Register notices, higher occupational exposure was based
on the potential for agricultural workers to come into contact with a
pesticide residue after its application (e.g., a worker pruning fruit
trees or harvesting a crop). For occupational exposure, EPA relied on
databases that assessed the exposure potential for workers who might
enter a field or orchard after treatment with pesticides. In two cases
(aldicarb and methiocarb), EPA regulation has either eliminated
specific uses or changed the method of application which has eliminated
or reduced the potential for post-application exposure below the
threshold described in the previous Federal Register notices (September
2005 and June 2007) where EPA identified 14 work activities/crop
categories (e.g., tree fruit crops) having the highest transfer
coefficients. In the case of aldicarb, the pesticide can only be
applied by soil incorporation while in the case of methiocarb, the
remaining agricultural uses are granular applications in nurseries and
greenhouses. There are currently no registered uses of dichlorvos that
will result in occupational exposure pathways associated with the
selected 14 work activities/crop categories having the highest transfer
coefficients. Finally, current registrations for allethrin and
methiocarb no longer include uses on food crops. Since these four
chemicals no longer meet the listing criteria, they are being deleted
from the initial list of chemicals to be screened. However, it should
be noted that all pesticidal chemicals will eventually be screened for
their potential to interact with the endocrine system as required by
the statute. (21 U.S.C. 346a(p)(3)).
    Table 1 presents an alphabetized list of the six pesticide active
ingredients that were removed from the original list of 73 chemicals
recommended for Tier 1 screening in the EDSP and provides the rationale
for their removal from the list.

 Table 1.--Chemicals Removed From the Initial List of Chemicals for Tier
  1 Screening in the EDSP (These are all pesticide active ingredients)
------------------------------------------------------------------------
                                                      Reason for Removal
          Chemical Name               CAS Number      from Testing List
------------------------------------------------------------------------
Aldicarb                                     116063   The initial
                                                      analysis using the
                                                      exposure based
                                                      criteria for
                                                      chemical selection
                                                      found aldicarb in
                                                      three exposure
                                                      pathways: Food,
                                                      water, and
                                                      occupational. Due
                                                      to changes in the
                                                      use pattern,
                                                      aldicarb is only
                                                      present in two
                                                      exposure pathways
                                                      (food and water)
                                                      and will not be
                                                      tested at this
                                                      time.
------------------------------------------------------------------------
Allethrin                                    584792  The initial
                                                      analysis using the
                                                      exposure based
                                                      criteria for
                                                      chemical selection
                                                      found allethrin in
                                                      three exposure
                                                      pathways: Food,
                                                      residential, and
                                                      occupational.
                                                      There are
                                                      currently no
                                                      registered food
                                                      uses for this
                                                      chemical.
                                                      Allethrin is only
                                                      present in two
                                                      exposure pathways
                                                      (occupational and
                                                      residential) and
                                                      will not be tested
                                                      at this time.
------------------------------------------------------------------------
Azinphos-Methyl                               86500  The initial
                                                      analysis using the
                                                      exposure based
                                                      criteria for
                                                      chemical selection
                                                      found azinphos-
                                                      methyl in three
                                                      exposure pathways:
                                                      Food, water, and
                                                      occupational. All
                                                      uses of azinphos-
                                                      methyl will cease
                                                      by 2012. For this
                                                      reason azinphos-
                                                      methyl will not be
                                                      tested.
------------------------------------------------------------------------
Dichlorvos                                    62737  The initial
                                                      analysis using the
                                                      exposure based
                                                      criteria for
                                                      chemical selection
                                                      found dichlorvos
                                                      in three exposure
                                                      pathways: Food,
                                                      residential, and
                                                      occupational.
                                                      There are
                                                      currently no
                                                      registered uses of
                                                      dichlorvos that
                                                      will result in
                                                      occupational
                                                      exposure pathways
                                                      associated with
                                                      the selected 14
                                                      work activities/
                                                      crop categories
                                                      having the highest
                                                      transfer
                                                      coefficients.
                                                      Dichlorvos is only
                                                      present in two
                                                      exposure pathways
                                                      (food and
                                                      residential) and
                                                      will not be tested
                                                      at this time.
------------------------------------------------------------------------

Fenvalerate                                51630581  The initial
                                                      analysis using the
                                                      exposure based
                                                      criteria for
                                                      chemical selection
                                                      found fenvalerate
                                                      in three exposure
                                                      pathways: Food,
                                                      residential, and
                                                      occupational.
                                                      There are
                                                      currently no
                                                      registered food
                                                      uses for this
                                                      chemical. In
                                                      addition, the
                                                      registrant
                                                      voluntarily ceased
                                                      production of
                                                      fenvalerate. As of
                                                      the August 2007
                                                      deadline, no end
                                                      use registrants
                                                      have indicated a
                                                      source of the
                                                      technical grade
                                                      active ingredient.
                                                      The few remaining
                                                      products under
                                                      existing stocks
                                                      are primarily for
                                                      residential use
                                                      with a few labeled
                                                      for commercial use
                                                      in food handling
                                                      establishments.
                                                      For this reason,
                                                      fenvalerate will
                                                      not be tested.
------------------------------------------------------------------------
Methiocarb                                  2032657  The initial
                                                      analysis using the
                                                      exposure based
                                                      criteria for
                                                      chemical selection
                                                      found methiocarb
                                                      in four exposure
                                                      pathways: Food,
                                                      water,
                                                      residential, and
                                                      occupational. Due
                                                      to changes in the
                                                      use pattern,
                                                      methiocarb is only
                                                      present in two
                                                      exposure pathways
                                                      (water and
                                                      residential) and
                                                      will not be tested
                                                      at this time.
------------------------------------------------------------------------

B. The Final List of Pesticide Chemicals for Initial Screening

    Table 2 presents an alphabetized list of the 67 pesticide active
ingredients and HPV/pesticide inert chemicals for screening in the
EDSP. Because this list of chemicals was selected on the basis of
exposure potential only, it should neither be construed as a list of
known or likely endocrine disruptors nor characterized as such.

                       Table 2.--Final List of Chemicals for Tier 1 Screening in the EDSP
----------------------------------------------------------------------------------------------------------------
                                                                             Pesticide Active
                     Chemical Name                           CAS Number         Ingredient         HPV/Inert
----------------------------------------------------------------------------------------------------------------
2,4-D                                                                94757                  x  .................
----------------------------------------------------------------------------------------------------------------
4,7-Methano-1H-isoindole-1,3(2H)-dione, 2-(2-                       113484                  x  .................
 ethylhexyl)-3a,4,7,7a-tetrahydro-
----------------------------------------------------------------------------------------------------------------
Abamectin                                                         71751412                  x  .................
----------------------------------------------------------------------------------------------------------------
Acephate                                                          30560191                  x  .................
----------------------------------------------------------------------------------------------------------------
Acetone                                                              67641                                     x
----------------------------------------------------------------------------------------------------------------
Atrazine                                                           1912249                  x  .................
----------------------------------------------------------------------------------------------------------------
Benfluralin                                                        1861401                  x  .................
----------------------------------------------------------------------------------------------------------------
Bifenthrin                                                        82657043                  x  .................
----------------------------------------------------------------------------------------------------------------
Butyl benzyl phthalate                                               85687                                     x
----------------------------------------------------------------------------------------------------------------
Captan                                                              133062                  x  .................
----------------------------------------------------------------------------------------------------------------
Carbamothioic acid, dipropyl-, S-ethyl ester                        759944                  x  .................
----------------------------------------------------------------------------------------------------------------
Carbaryl                                                             63252                  x  .................
----------------------------------------------------------------------------------------------------------------
Carbofuran                                                         1563662                  x  .................
----------------------------------------------------------------------------------------------------------------
Chlorothalonil                                                     1897456                  x  .................
----------------------------------------------------------------------------------------------------------------
Chlorpyrifos                                                       2921882                  x  .................
----------------------------------------------------------------------------------------------------------------
Cyfluthrin                                                        68359375                  x  .................
----------------------------------------------------------------------------------------------------------------
Cypermethrin                                                      52315078                  x  .................
----------------------------------------------------------------------------------------------------------------
DCPA (or chlorthal-dimethyl)                                       1861321                  x  .................
----------------------------------------------------------------------------------------------------------------
Diazinon                                                            333415                  x  .................
----------------------------------------------------------------------------------------------------------------
Dibutyl phthalate                                                    84742                                     x
----------------------------------------------------------------------------------------------------------------
Dichlobenil                                                        1194656                  x  .................
----------------------------------------------------------------------------------------------------------------

Dicofol                                                             115322                  x  .................
----------------------------------------------------------------------------------------------------------------
Diethyl phthalate                                                    84662                                     x
----------------------------------------------------------------------------------------------------------------
Dimethoate                                                           60515                  x  .................
----------------------------------------------------------------------------------------------------------------
Dimethyl phthalate                                                  131113                                     x
----------------------------------------------------------------------------------------------------------------
Di-sec-octyl phthalate                                              117817                                     x
----------------------------------------------------------------------------------------------------------------
Disulfoton                                                          298044                  x  .................
----------------------------------------------------------------------------------------------------------------
Endosulfan                                                          115297                  x  .................
----------------------------------------------------------------------------------------------------------------
Esfenvalerate                                                     66230044                  x  .................
----------------------------------------------------------------------------------------------------------------
Ethoprop                                                          13194484                  x  .................
----------------------------------------------------------------------------------------------------------------
Fenbutatin oxide                                                  13356086                  x  .................
----------------------------------------------------------------------------------------------------------------
Flutolanil                                                        66332965                  x  .................
----------------------------------------------------------------------------------------------------------------
Folpet                                                              133073                  x  .................
----------------------------------------------------------------------------------------------------------------
Gardona (cis-isomer)                                              22248799                  x  .................
----------------------------------------------------------------------------------------------------------------
Glyphosate                                                         1071836                  x  .................
----------------------------------------------------------------------------------------------------------------
Imidacloprid                                                     138261413                  x  .................
----------------------------------------------------------------------------------------------------------------
Iprodione                                                         36734197                  x  .................
----------------------------------------------------------------------------------------------------------------
Isophorone                                                           78591                                     x
----------------------------------------------------------------------------------------------------------------
Linuron                                                             330552                  x  .................
----------------------------------------------------------------------------------------------------------------
Malathion                                                           121755                  x  .................
----------------------------------------------------------------------------------------------------------------
Metalaxyl                                                         57837191                  x  .................
----------------------------------------------------------------------------------------------------------------
Methamidophos                                                     10265926                  x  .................
----------------------------------------------------------------------------------------------------------------
Methidathion                                                        950378                  x  .................
----------------------------------------------------------------------------------------------------------------
Methomyl                                                          16752775                  x  .................
----------------------------------------------------------------------------------------------------------------
Methyl ethyl ketone                                                  78933                                     x
----------------------------------------------------------------------------------------------------------------
Methyl parathion                                                    298000                  x  .................
----------------------------------------------------------------------------------------------------------------
Metolachlor                                                       51218452                  x  .................
----------------------------------------------------------------------------------------------------------------
Metribuzin                                                        21087649                  x  .................
----------------------------------------------------------------------------------------------------------------
Myclobutanil                                                      88671890                  x  .................
----------------------------------------------------------------------------------------------------------------
Norflurazon                                                       27314132                  x  .................
----------------------------------------------------------------------------------------------------------------
o-Phenylphenol                                                       90437                  x  .................
----------------------------------------------------------------------------------------------------------------
Oxamyl                                                            23135220                  x  .................
----------------------------------------------------------------------------------------------------------------
Permethrin                                                        52645531                  x  .................
----------------------------------------------------------------------------------------------------------------
Phosmet                                                             732116                  x  .................
----------------------------------------------------------------------------------------------------------------
Piperonyl butoxide                                                   51036                  x  .................
----------------------------------------------------------------------------------------------------------------
Propachlor                                                         1918167                  x  .................
----------------------------------------------------------------------------------------------------------------
Propargite                                                         2312358                  x  .................
----------------------------------------------------------------------------------------------------------------

Propiconazole                                                     60207901                  x  .................
----------------------------------------------------------------------------------------------------------------
Propyzamide                                                       23950585                  x  .................
----------------------------------------------------------------------------------------------------------------
Pyridine, 2-(1-methyl-2-(4-phenoxyphenoxy)ethoxy)-                95737681                  x  .................
----------------------------------------------------------------------------------------------------------------
Quintozene                                                           82688                  x  .................
----------------------------------------------------------------------------------------------------------------
Resmethrin                                                        10453868                  x  .................
----------------------------------------------------------------------------------------------------------------
Simazine                                                            122349                  x  .................
----------------------------------------------------------------------------------------------------------------
Tebuconazole                                                     107534963                  x  .................
----------------------------------------------------------------------------------------------------------------
Toluene                                                             108883                                     x
----------------------------------------------------------------------------------------------------------------
Triadimefon                                                       43121433                  x  .................
----------------------------------------------------------------------------------------------------------------
Trifluralin                                                        1582098                  x  .................
----------------------------------------------------------------------------------------------------------------

VI. References

    These references are available in the docket as identified under
ADDRESSES, under Docket ID No. EPA-HQ-OPPT-2004-0109, which is the
docket for the chemicals selected for the initial round of screening
under the EDSP. In addition, the first document referenced is available
in Docket ID No. EPA-HQ-OPPT-2002-0066, which is the docket used for
the proposed chemical selection approach described in the Federal
Register notice of December 30, 2002 (67 FR 79611) (FRL-7286-6).
    1. U.S. EPA. Endocrine Disruptor Screening and Testing Advisory
Committee Final Report. August 1998. Available at: http:// www.epa.gov/
scipoly/oscpendo/edspoverview/finalrpt.htm. (Document ID No. EPA-HQ-
OPPT-2002-0066-0003).
    2. U.S. EPA. ``Reponse to Comments on the Draft List of Initial
Pesticide Active Ingredients and Pesticide Inert Ingredients to be
Screened under the Federal Food, Drug, and Cosmetic Act.'' August 2008.
Available at: http://www.epa.gov/scipoly/oscpendo/pubs/
prioritysetting/. (Docket ID No. EPA-HQ-OPPT-2004-0109).

List of Subjects

    Environmental protection, Chemicals, Endocrine disruptors,
Pesticides.

    Dated: April 3, 2009.
James Jones,
Acting Assistant Administrator, Office of Prevention, Pesticides and
Toxic Substances.

[FR Doc. E9-8709 Filed 4-14-09; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Rules and Regulations]
[Pages 46420-46422]
[FR Doc No: 2017-21383]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2017-0485; FRL-9968-78-Region 7]

Approval of Nebraska's Air Quality Implementation Plan, Operating
Permits Program, and 112(l) Program; Revision to Nebraska
Administrative Code

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the State Implementation Plan (SIP), Operating Permits
Program, and 112(l) program submitted on July 14, 2014, by the State of
Nebraska. This action amends the SIP to revise two chapters,
``Definitions'' and ``Operating Permit Modifications; Reopening for
Cause''. Specifically, these revisions incorporate by reference the
list of organic compounds exempt from the definition of volatile
organic compound (VOC) found in the Code of Federal Regulations;
notification requirements for the operating permit program are being
amended to be consistent with the Federal operating permit program
requirements; the definition of ``solid waste'' is being revised by the
state, however, because the state's definition is inconsistent with the
Federal definition, EPA is not approving this definition into the SIP.
Finally, the state is extending the process of ``off-permit changes''
to Class I operating permits. Additional grammatical and editorial
changes are being made in this revision. Approval of these revisions
will not impact air quality, ensures consistency between the State and
Federally-approved rules, and ensures Federal enforceability of the
State's rules.

DATES: This direct final rule will be effective December 4, 2017,
without further notice, unless EPA receives adverse comment by November
6, 2017. If EPA receives adverse comment, we will publish a timely
withdrawal of the direct final rule in the Federal Register informing
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2017-0485, to https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Greg Crable, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA. This section provides additional information by
addressing the following:

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    Nebraska's July 14, 2014, submission requested revisions to seven
chapters of ``Title 129--Nebraska Air Quality Regulations''. This
action will amend the SIP to include revisions to two of those
chapters, title 129 of the Nebraska Administrative Code, chapter 1
``Definitions'', and chapter 15 ``Operating Permit Modifications;
Reopening for Cause''. Of the remaining five chapters, EPA previously
approved revisions to two of the chapters in separate direct final
rulemakings published in the Federal Register. Chapter 4, ``Ambient Air
Quality Standards'' was approved on October 11, 2016, and chapter 34
``Emission Sources; Testing; Monitoring'' was approved on October 7,
2016. EPA will take action separately on two other chapters, chapter 20
``Particulate Emissions; Limits and Standards'' and chapter 18 ``New
Performance Standards''. The final chapter, chapter 28 ``Hazardous Air
Pollutants; Emissions Standards'', submitted as part of the July 14,
2014, SIP submission, is not approved in the Nebraska SIP and therefore
EPA will take no further action for this chapter.
    EPA is approving revisions to the Nebraska SIP and Operating
Permits Program in title 129, chapter 1 ``Definitions''. The definition
of VOC contained in section 160 of chapter 1 ``Definitions'' is being
revised. Specifically, section 160 of chapter 1 contains a definition
of VOC that provides exceptions to the definition based upon a list of
organic compounds, which have been determined to have negligible
photochemical reactivity. Because it is difficult to stay current in
regard to the list of compounds, the revision EPA is approving removes
the list at section 160, and references the list contained in the Code
of Federal Regulations at 40 CFR 51.100(s)(1) and (5). In addition,
revisions to chapter 1, section 139, are being made to the SIP and the
Operating Permits Program to change the notification requirements for
``Section 502(b)(10) changes'' to require facilities to provide written
notification at least 7 days in advance, rather than 30 days. This
revision makes the notification requirements consistent with the
Federal operating permit program requirements. In addition, Nebraska
requested revisions to the definition of ``solid waste'' at chapter 1,
section 144, to make it consistent with the definition of ``solid
waste'' included in the Nebraska Environmental Protection Act and other
applicable regulations in Nebraska.\1\ Neb. Rev. Stat. 81-1502(26). The
definition as proposed by the Nebraska Department of Environmental
Quality (NDEQ) is not consistent with the definition of ``solid waste''
in Federal law and regulations. Therefore, EPA is not approving
Nebraska's proposed revision to the definition of ``solid waste'' into
the State Implementation Plan or Operating Permits Program. Finally,
other grammatical and numerical edits are being made in this chapter.
---------------------------------------------------------------------------

    \1\ The definition of ``solid waste'' in the Nebraska
Environmental Protection Act was updated in 2013 as a result of
Legislative Bill 203 to exclude ``slag'' from the definition. This
revision further clarifies that ``slag'' is a by-product of value
and therefore is excluded from the definition of ``solid waste.''
---------------------------------------------------------------------------

    EPA is approving revisions to the Nebraska SIP, Operating Permits
Program and 112(l) program for chapter 15 ``Operating Permit
Modifications; Reopening for Cause'', which extends ``off-permit
changes'' to Class I and II

operating permits as allowed under the Federal program. Section 007 of
chapter 15 is being revised and updated allowing changes within a
permitted facility without a permit revision if the change meets
certain specified criteria. The revised process allows certain minor
revisions to be made without requiring all applicable administrative
procedures for full permit issuance. These changes ensure that chapter
15 conforms to applicable Federal regulations. Finally, revisions to
chapter 15 amend the minimum number of days to submit a written
notification of a change from thirty days to seven days under certain
circumstances when changing Class I and II operating permits, and makes
various grammatical revisions for clarity and consistency purposes.

II. Have the requirements for approval of a SIP revision been met?

    The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. The
revised chapters were placed on public notice and a public hearing was
held by the State on January 6, 2014, where no comments were received.
In addition, as explained in this preamble, the revision meets the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations.

III. What action is EPA taking?

    We are publishing this direct final rule without a prior proposed
rule because we view this as a noncontroversial action and anticipate
no adverse comment. EPA does not anticipate adverse comment because the
revisions to the existing rules are routine and consistent with the
Federal regulations, thereby, strengthening the SIP. However, in the
``Proposed Rules'' section of this Federal Register, we are publishing
a separate document that will serve as the proposed rule to revise
title 129, chapters 1 and 15. If adverse comments are received on this
direct final rule, we will not institute a second comment period on
this action. Any parties interested in commenting must do so at this
time. For further information about commenting on this rule, see the
ADDRESSES section of this document. Should EPA receive adverse comment
on part of this rule and if that part can be severed from the remainder
of the rule, EPA may adopt as final those parts of the rule that are
not the subject of an adverse comment.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Nebraska
Regulations described in the direct final amendments to 40 CFR part 52
set forth below. EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and/or at the
EPA Region 7 Office (please contact the person identified in the For
Further Information Contact section of this preamble for more
information).
    Therefore, these materials have been approved by EPA for inclusion
in the State implementation plan, have been incorporated by reference
by EPA into that plan, are fully Federally enforceable under sections
110 and 113 of the CAA as of the effective date of the final rulemaking
of EPA's approval, and will be incorporated by reference by the
Director of the Federal Register in the next update to the SIP
compilation.\2\
---------------------------------------------------------------------------

    \2\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review under Executive Orders 12866 and 13563 (76 FR 3821,
January 21, 2011). This action is also not subject to Executive Order
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
action merely approves state law as meeting Federal requirements and
imposes no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rulemaking will not
have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Because this rulemaking would approve pre-existing requirements under
state law and does not impose any additional enforceable duty beyond
that required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
    This action also does not have Federalism implications because it
does not have substantial direct effects 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, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). Thus Executive Order 13132 does not apply to this action.
This action merely approves a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the CAA. This rulemaking also
is not subject to Executive Order 13045, ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997) because it approves a state rule implementing a Federal standard.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a state submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA when it reviews a state
submission, to use VCS in place of a state submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This action does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Burden is defined at 5
CFR 1320.3(b).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
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 the rule in the Federal Register. A major rule cannot
take effect until 60 days after it

is published in the Federal Register. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 4, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
Parties with objections to this direct final rule are encouraged to
file a comment in response to the parallel notice of proposed
rulemaking for this action published in the proposed rules section of
this Federal Register, rather than file an immediate petition for
judicial review of this direct final rule, so that EPA can withdraw
this direct final rule and address the comment in the final rulemaking.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

40 CFR Part 70

    Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.

    Dated: September 25, 2017.
Cathy Stepp,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 40 CFR parts 52
and 70 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart CC--Nebraska

0
2. Amend Sec.  52.1420(c) by revising ``129-1'' and ``129-15'' to read
as follows:

Sec.  52.1420  Identification of Plan.

* * * * *
    (c) * * *

                                        EPA-Approved Nebraska Regulations
----------------------------------------------------------------------------------------------------------------
                                                        State
     Nebraska citation               Title         effective date   EPA approval date          Explanation
----------------------------------------------------------------------------------------------------------------
                                                State of Nebraska
----------------------------------------------------------------------------------------------------------------
                                       Department of Environmental Quality
----------------------------------------------------------------------------------------------------------------
                                   Title 129--Nebraska Air Quality Regulations
----------------------------------------------------------------------------------------------------------------
129-1......................  Definitions.........         5/13/14  10/5/17, [Insert     The proposed definition
                                                                    Federal Register     of ``solid waste'' is
                                                                    citation].           not approved into the
                                                                                SIP. The second
                                                                                sentence beginning at
                                                                                ``Solid waste'' and
                                                                                ending at ``discarded
                                                                                material'', is not
                                                                                approved into the SIP.

                                                  * * * * * * *
129-15.....................  Operating Permit             5/13/14  10/5/17, [Insert
                              Modifications;                        Federal Register
                              Reopening for Cause.                  citation].
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 70--STATE OPERATING PERMIT PROGRAMS

0
3. The authority citation for part 70 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
4. Amend appendix A to part 70 by adding new paragraph (o) under
``Nebraska; City of Omaha; Lincoln-Lancaster County Health Department''
to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs

* * * * *

Nebraska; City of Omaha; Lincoln-Lancaster County Health Department

* * * * *
    (o) The Nebraska Department of Environmental Quality submitted
revisions to the Nebraska Administrative Code, title 129, chapter 1,
``Definitions'' and chapter 15, ``Operating Permit Modifications;
Reopening for Cause'' on July 14, 2014. The state effective date is
May 13, 2014. This revision is effective December 4, 2017.
* * * * *
[FR Doc. 2017-21383 Filed 10-4-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Rules and Regulations]
[Pages 44233-44234]
[FR Doc No: 2018-18821]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0714]

Drawbridge Operation Regulation; Atlantic Intracoastal Waterway,
New Smyrna Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the George Musson/Coronado Beach (SR
44) Bridge across the Atlantic Intracoastal Waterway, mile 845, New
Smyrna Beach, FL. The deviation is necessary to accommodate painting of
the bridge. This deviation allows the bridge to remain in the closed to
navigation position from 7 p.m. to 7 a.m. nightly Sunday through
Friday.

DATES: This deviation is effective without actual notice from August
30, 2018 through 6 p.m. on December 15, 2018. For the purposes of
enforcement, actual notice will be used from 7 p.m. on August 13, 2018,
until August 30, 2018.

ADDRESSES: The docket for this deviation, USCG-2018-0714 is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email MST1 Jeremy Bailey, Coast Guard
Sector Jacksonville Waterways Management; telephone<PHONE_NUMBER>,
email [email protected].

SUPPLEMENTARY INFORMATION: Florida Department of Transportation (FDOT)
via Southern Road and Bridge LLC, has requested a temporary deviation
from the operation that govern the George Musson/Coronado Beach (SR 44)
bridge over the Atlantic Intracoastal Waterway, mile 845. This
deviation is necessary to facilitate the painting of the bridge and
safety of the work crew. The bridge is a single-leaf bascule bridge and
has a vertical clearance in the closed to navigation position of 24
feet at mean high water. The vertical clearance of the bridge will be
reduced by 3 feet to 21 feet mean high water through the completion of
the painting project in December of 2018.
    The current operating schedule is set out in 33 CFR 117.261(h).
Under this temporary deviation, the bridge will remain in the closed to
navigation position from 7 p.m. to 7 a.m. nightly Sunday through
Friday. The bridge will open every 3 hours at 10 p.m., 1 a.m., 4 a.m.
and 7 a.m. with a one (1) hour notification. This section of the
Atlantic Intracoastal Waterway is predominantly used by a variety of
vessels including U.S. government vessels, small commercial vessels and
recreational vessels. The Coast Guard has carefully considered the
restrictions with waterway users in publishing this temporary
deviation.
    Vessels able to pass through the bridge in the closed position may
do so at anytime. The bridge will be able to open for emergencies and
there is no immediate alternate route for vessels to pass. The Coast
Guard will also inform the users of the waterways through our Local and
Broadcast Notices to Mariners of the change in operating schedule for
the bridge so that vessel operators can arrange their transits to
minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: August 27, 2018.
Barry L. Dragon,
Director, Bridge Branch, Seventh Coast Guard District.
[FR Doc. 2018-18821 Filed 8-29-18; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 208 (Friday, October 28, 2022)]
[Notices]
[Page 65273]
[FR Doc No: 2022-23677]

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

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: Notice is hereby given, pursuant to the provisions of
the Government in the Sunshine Act, Public Law 94-409, that the
Securities and Exchange Commission will hold an Open Meeting on
Wednesday, November 2, 2022 at 10:00 a.m.

PLACE: The meeting will be webcast on the Commission's website at
www.sec.gov.

STATUS: This meeting will begin at 10:00 a.m. (ET) and will be open to
the public via webcast on the Commission's website at www.sec.gov.

MATTERS TO BE CONSIDERED:
    1. The Commission will consider whether to adopt form amendments to
enhance the information registered management investment companies
report about their proxy votes. The Commission will also consider
whether to adopt a new rule and form amendments to require
institutional investment managers subject to section 13(f) of the
Securities Exchange Act of 1934 to report proxy votes relating to
certain executive compensation matters, as required by section 14A of
the Exchange Act.
    2. The Commission will consider whether to propose amendments to
rules and forms for open-end management investment companies related to
liquidity risk management programs, swing pricing, and other pricing
requirements. The amendments the Commission will consider also include
reporting and disclosure requirements for certain registered investment
companies, including open-end funds (other than money market funds),
registered closed-end funds, and unit investment trusts.

CONTACT PERSON FOR MORE INFORMATION: For further information and to
ascertain what, if any, matters have been added, deleted or postponed,
please contact Vanessa A. Countryman from the Office of the Secretary
at<PHONE_NUMBER>.
    Authority: 5 U.S.C. 552b.

    Dated: October 26, 2022.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2022-23677 Filed 10-26-22; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 136 (Tuesday, July 18, 2023)]
[Rules and Regulations]
[Pages 45811-45812]
[FR Doc No: 2023-15168]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-0837; Airspace Docket No. 23-ANE-05]
RIN 2120-AA66

Amendment of Class E Airspace; Carrabassett, ME

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends Class E airspace extending upward from 700
feet above the surface for Sugarloaf Regional Airport, Carrabassett,
ME, as an airspace evaluation determined a southern extension is
necessary for this airport. This action also removes the airport's
existing extension and updates the airport's geographic coordinates.

DATES: Effective 0901 UTC, October 5, 2023. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order JO 7400.11 and
publication of conforming amendments.

ADDRESSES: A copy of the Notice of Proposed Rulemaking (NPRM), all
comments received, this final rule, and all background material may be
viewed online at www.regulations.gov using the FAA Docket number.
Electronic retrieval helps and guidelines are available on the website.
It is available 24 hours a day, 365 days a year.
    FAA Order JO 7400.11G Airspace Designations and Reporting Points
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

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

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority,
as it amends Class E airspace for Sugarloaf Regional Airport,
Carrabassett, ME, to support IFR operations in the area.

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA 2023-0837 in the Federal Register (88 FR 29562; May 8, 2023),
proposing to amend Class E airspace at Sugarloaf Regional Airport,
Carrabassett, ME. Interested parties were invited to participate in
this rulemaking effort by submitting written comments on the proposal
to the FAA. No comments were received.

Incorporation by Reference

    Class E airspace designations are published in Paragraph 6005 of
FAA Order JO 7400.11, Airspace Designations and Reporting Points,
incorporated by reference in 14 CFR 71.1 annually. This document amends
the current version of that order, FAA Order JO 7400.11G, dated August
19, 2022, and effective September 15, 2022. FAA Order JO 7400.11G is
publicly available as listed in the ADDRESSES section of this document.
These amendments will be published in the next update to FAA Order JO
7400.11.
    FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

The Rule

    This action amends 14 CFR part 71 by amending Class E airspace
extending upward from 700 feet above the surface for Sugarloaf Regional
Airport, Carrabassett, ME, to accommodate area navigation (RNAV) global
positioning system (GPS) standard instrument approach procedures
(SIAPs) serving this airport. This action amends the existing extension
from the airport to the 166[deg] bearing (previously 346[deg]), as an
airspace evaluation determined the existing extension was determined in
error, as no instrument approaches exist for runway 17. The GPS-A
approach for runway 35 requires the 166[deg] bearing extension. This
action also updates the airport's geographic coordinates to coincide
with the FAA's database. Controlled airspace is necessary for the
safety and management of instrument flight rules (IFR) operations in
the area.

Regulatory Notices and Analyses

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

Environmental Review

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

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

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

* * * * *

ANE ME E5 Carrabassett, ME [Amended]

Sugarloaf Regional Airport, ME
    (Lat 45[deg]05'07'' N, long 70[deg]12'59'' W)
Point in Space Coordinates
    (Lat 45[deg]06'26'' N, long 70[deg]12'30'' W)

    That airspace extending upward from 700 feet above the surface
of the earth within a 6-mile radius of the Point in Space
Coordinates (lat. 45[deg]06'26'' N, long. 70[deg]12'30'' W) serving
the Sugarloaf Regional Airport, and within a 7-mile radius of the
airport, and 1 mile each side of the 166[deg] bearing from the
airport, extending from the 7-mile radius to 14.3-miles south of the
airport.
* * * * *

    Issued in College Park, Georgia, on July 13, 2023.
Lisa E. Burrows,
Manager, Airspace & Procedures Team North, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2023-15168 Filed 7-17-23; 8:45 am]
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