[Federal Register Volume 76, Number 190 (Friday, September 30, 2011)]
[Notices]
[Pages 60827-60829]
[FR Doc No: 2011-25289]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9473-9; Docket ID No. EPA-HQ-ORD-2011-0739]

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

AGENCY: Environmental Protection Agency (EPA)

ACTION: Notice of Public Comment Period and Listening Session

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SUMMARY: EPA is announcing a 60-day public comment period and a public
listening session for the external review draft human health assessment
titled, ``Toxicological Review of Biphenyl: In Support of Summary
Information on the Integrated Risk Information System (IRIS)'' (EPA/
635/R-11/005C). The draft assessment was prepared by the National
Center for Environmental Assessment (NCEA) within the EPA Office of
Research and Development (ORD). EPA is releasing this draft assessment
solely for the purpose of pre-dissemination peer review under
applicable information quality guidelines. This draft assessment has
not been formally disseminated by EPA. It does not represent and should
not be construed to represent any Agency policy or determination. After
public review and comment, an EPA contractor will convene an expert
panel for independent external peer review of this draft assessment.
The public comment period and external peer review meeting are separate
processes that provide opportunities for all interested parties to
comment on the assessment. The external peer review meeting will be
scheduled at a later date and announced in the Federal Register. Public
comments submitted during the public comment period will be provided to
the external peer reviewers before the panel meeting and considered by
EPA in the disposition of public comments. Public comments received
after the public comment period closes will not be submitted to the
external peer reviewers and will only be considered by EPA if time
permits.
    The listening session will be held on Wednesday, November 16, 2011,
during the public comment period for this draft assessment. The purpose
of the listening session is to allow all interested parties to present
scientific and technical comments on draft IRIS health assessments to
EPA and other interested parties attending the listening session. EPA
welcomes the comments that will be provided to the Agency by the
listening session participants. The comments will be considered by the
Agency as it revises the draft assessment after the independent
external peer review. If listening session participants would like EPA
to share their comments with the external peer reviewers, they should
also submit written comments during the public comment period using the
detailed and established procedures described in the SUPPLEMENTARY
INFORMATION section of this notice.

DATES: The public comment period begins September 30, 2011, and ends
November 29, 2011. Comments should be in writing and must be received
by EPA by November 29, 2011.
    The listening session on the draft assessment for biphenyl will be
held on Wednesday, November 16, 2011, beginning at 9 a.m. and ending at
4 p.m., Eastern Standard Time, or when all presentations have been
completed. To attend the listening session, interested parties should
register no later than Wednesday, November 9, 2011. To present at the
listening session, indicate in your registration that you would like to
make oral comments at the session and provide the length of your
presentation. The following are instructions for registering: To attend
the listening session, register by contacting Ms. Bethzaida Colon of
Versar, Inc. via e-mail at<EMAIL_ADDRESS>(subject line: Biphenyl
Listening Session), or by phone:<PHONE_NUMBER> (please reference the
``Biphenyl Listening Session'' and mention you name, title,
affiliation, full address and contact information). When you register,
please indicate if you will need audio-visual equipment (e.g., laptop
computer and slide projector). In general, each presentation should be
no more than 30 minutes. If, however, there are more requests for
presentations than the allotted time allows, then the time limit for
each presentation will be adjusted. A copy of the agenda for the
listening session will be available at the meeting. If no speakers have
registered by Wednesday, November 9, 2011, the listening session will
be cancelled, and EPA will notify those registered of the cancellation.

ADDRESSES: The draft ``Toxicological Review of Biphenyl: In Support of
Summary Information on the Integrated Risk Information System (IRIS)''
is available primarily via the Internet on the NCEA home page under the
Recent Additions and Publications menus at http://www.epa.gov/ncea. A
limited number of paper copies are available from the Information
Management Team (Address: Information Management Team, National Center
for Environmental Assessment (Mail Code: 8601P), U.S. Environmental
Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460;
telephone:<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>). If you request a
paper copy, please provide your name, mailing address, and the draft
assessment title.
    Comments may be submitted electronically via http://www.regulations.gov, by e-mail, by mail, by facsimile, or by hand
delivery/courier. Please follow the detailed instructions provided in
the SUPPLEMENTARY INFORMATION section of this notice.

    The listening session on the draft biphenyl assessment will be held
at the EPA offices at Two Potomac Yard (North Building), Rm. 7100, 2733
South Crystal Drive, Arlington, Virginia 22202. Please note that to
gain entrance to this EPA building to attend the meeting, you must have
photo identification and must register at the guard's desk in the
lobby. The guard will retain your photo identification and will provide
you with a visitor's badge. At the guard's desk, you should provide the
name Christine Ross and the telephone number<PHONE_NUMBER> to the guard
on duty. The guard will contact Ms. Ross who will meet you in the
reception area to escort you to the meeting room. When you leave the
building, please return your visitor's badge to the guard and you will
receive your photo identification.
    A teleconference line will also be available for registered
attendees/speakers. The teleconference number is<PHONE_NUMBER>, and the
access code is<PHONE_NUMBER>, followed by the pound sign ().
The teleconference line will be activated at 8:45 a.m., and you will be
asked to identify yourself and your affiliation at the beginning of the
call.
    Information on Services for Individuals with Disabilities: EPA
welcomes public attendance at the biphenyl listening session and will
make every effort to accommodate persons with disabilities. For
information on access or services for individuals with disabilities,
please contact Christine Ross by phone at<PHONE_NUMBER> or by e-mail at
<EMAIL_ADDRESS>To request accommodation for a
disability, please contact Ms. Ross, preferably at least 10 days prior
to the meeting, to give EPA as much time as possible to process your
request.
    Additional Information: For information on the docket,
www.regulations.gov, or the public comment period, please contact the
Office of Environmental Information (OEI) Docket (Mail Code: 2822T),
U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone:<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>;
or e-mail<EMAIL_ADDRESS>    For information on the public listening session, please contact
Christine Ross, IRIS Staff, National Center for Environmental
Assessment (Mail Code: 8601P), U.S. Environmental Protection Agency,
1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone: 703-
347-8592; facsimile:<PHONE_NUMBER>; or e-mail:
<EMAIL_ADDRESS>    For information on the draft assessment, please contact Zheng
(Jenny) Li, National Center for Environmental Assessment (Mail code:
8601P), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue,
NW., Washington, DC 20460; telephone:<PHONE_NUMBER>; facsimile: 703-347-
8689; or e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Information About IRIS

    EPA's IRIS is a human health assessment program that evaluates
quantitative and qualitative risk information on effects that may
result from exposure to chemical substances found in the environment.
Through the IRIS Program, EPA provides the highest quality science-
based human health assessments to support the Agency's regulatory
activities. The IRIS database contains information for more than 540
chemical substances that can be used to support the first two steps
(hazard identification and dose-response evaluation) of the risk
assessment process. When supported by available data, IRIS provides
oral reference doses (RfDs) and inhalation reference concentrations
(RfCs) for chronic noncancer health effects and cancer assessments.
Combined with specific exposure information, government and private
entities use IRIS to help characterize public health risks of chemical
substances in a site-specific situation and thereby support risk
management decisions designed to protect public health.

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

    Submit your comments, identified by Docket ID No. EPA-HQ-ORD-2011-
0739, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Facsimile:<PHONE_NUMBER>.
     Mail: Office of Environmental Information (OEI) Docket
(Mail Code: 2822T), U.S. Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460. The telephone number is
202-566-1752. If you provide comments by mail, please submit one
unbound original with pages numbered consecutively, and three copies of
the comments. For attachments, provide an index, number pages
consecutively with the comments, and submit an unbound original and
three copies.
     Hand Delivery: The OEI Docket is located in the EPA
Headquarters Docket Center, EPA West Building, Room 3334, 1301
Constitution Ave., NW., Washington, DC. The EPA Docket Center 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>. Deliveries are only accepted during the
docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information. If you provide comments by
hand delivery, please submit one unbound original with pages numbered
consecutively, and three copies of the comments. For attachments,
provide an index, number pages consecutively with the comments, and
submit an unbound original and three copies.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD-
2011-0739. Please ensure that your comments are submitted within the
specified comment period. Comments received after the closing date will
be marked ``late,'' and may only be considered if time permits. It is
EPA's policy to include all comments it receives in the public docket
without change and to make the comments available online at http://www.regulations.gov, including any personal information provided,
unless comments include information claimed to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Do not submit information that you consider to be CBI or
otherwise protected through http://www.regulations.gov or e-mail. The
http://www.regulations.gov website is an ``anonymous access'' system,
which means that EPA will not know your identity or contact information
unless you provide it in the body of your comments. If you send e-mail
comments directly to EPA without going through http://www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comments that are placed in the public
docket and made available on the Internet. If you submit electronic
comments, EPA recommends that you include your name and other contact
information in the body of your comments and with any disk or CD-ROM
you submit. If EPA cannot read your comments due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comments. Electronic files should avoid the use
of special characters and any form of encryption and be free of any
defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although

listed in the index, some information is not publicly available, e.g.,
CBI or other information whose disclosure is restricted by statute.
Certain other material, such as copyrighted material, will be publicly
available only in hard copy. Publicly available docket materials are
available either electronically at http://www.regulations.gov or in
hard copy at the OEI Docket in the EPA Headquarters Docket Center.

    Dated: September 27, 2011.
Darrell A. Winner,
Acting Director, National Center for Environmental Assessment.
[FR Doc. 2011-25289 Filed 9-29-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 63 (Monday, April 2, 2018)]
[Rules and Regulations]
[Pages 13867-13869]
[FR Doc No: 2018-06558]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0680; FRL-9975-65--Region 9]

Approval of California Air Plan Revisions, Yolo-Solano Air
Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to

approve a revision to the Yolo-Solano Air Quality Management District
(YSAQMD) portion of the California State Implementation Plan (SIP).
This revision concerns emissions of volatile organic compounds (VOCs)
from organic liquid storage and transfer operations. We are approving a
local rule that regulates these emission sources under the Clean Air
Act (CAA or the Act).

DATES: This rule will be effective on May 2, 2018.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2017-0680. All documents in the docket are
listed on the http://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available through http://www.regulations.gov, or please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section for
additional availability information.

FOR FURTHER INFORMATION CONTACT: Rebecca Newhouse, EPA Region IX, (415)
972-3004, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On January 9, 2018 (83 FR 1001), the EPA proposed to approve the
following rule into the California SIP.

----------------------------------------------------------------------------------------------------------------
             Local agency                   Rule #             Rule Title             Revised        Submitted
----------------------------------------------------------------------------------------------------------------
YSAQMD................................            2.21  Organic Liquid Storage          09/14/16        01/24/17
                                                         and Transfer.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve this rule based on a determination that it
satisfies the applicable CAA requirements. Our proposed action contains
more information on the rule and our evaluation.

II. Public Comments

    The EPA's proposed action provided a 30-day public comment period.
During this period, we received one public comment that fails to
identify any specific issue that is germane to our action on the rule.
The comment letter is available in the docket for this rulemaking.

III. EPA Action

    No comments were submitted that change our assessment of the rule
as described in our proposed action. Therefore, as authorized in
section 110(k)(3) of the Act, the EPA is fully approving this rule into
the California SIP.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
YSAQMD rule described in the amendments to 40 CFR part 52 set forth
below. The EPA has made, and will continue to make, these documents
available through www.regulations.gov and at the EPA Region IX Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the 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).
    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. The EPA will submit a report containing this action 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 1, 2018. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

    Dated: March 2, 2018.
Alexis Strauss,
Acting Regional Administrator, Region IX.
    Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

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 F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(342)(i)(A)(2) and
(c)(497)(i)(D) to read as follows:

Sec.  52.220  Identification of plan-in part.

* * * * *
    (c) * * *
    (342) * * *
    (i) * * *
    (A) * * *
    (2) Previously approved on October 31, 2006 in paragraph
(c)(342)(i)(A)(1) of this section and now deleted with replacement in
paragraph (c)(497)(i)(D)(1) of this section, Rule 2.21 amended on
September 14, 2005.
* * * * *
    (497) * * *
    (i) * * *
    (D) Yolo-Solano Air Quality Management District.
    (1) Rule 2.21, ``Organic Liquid Storage and Transfer,'' revised on
September 14, 2016.
* * * * *
[FR Doc. 2018-06558 Filed 3-30-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: November 4, 2009 (Volume 74, Number 212)]
[Notices]
[Page 57186-57188]
[DOCID:fr04no09-89]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2008-0017]

Voluntary Private Sector Accreditation and Certification
Preparedness Program

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice of public meetings; extension of comment period.

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SUMMARY: The Federal Emergency Management Agency (FEMA) is announcing
the dates, times, locations, and discussion topics for a series of
public meetings that will be held to discuss the Department of Homeland
Security's (DHS's) Voluntary Private Sector Preparedness Accreditation
and Certification Program (PS-Prep). The purpose of these meetings is
to provide the public with an opportunity to engage in dialogue with
DHS leadership and program managers regarding PS-Prep. Additionally,
this notice extends the comment period that was originally established
in FEMA's October 16, 2009 Federal Register Notice announcing the
intent to select standards for use in PS-Prep. The comment period will
now end on January 15, 2010.

DATES: See Supplementary Information section for public meeting dates
and times. Comments submitted regarding the October 16, 2009 Federal
Register Notice must be received by January 15, 2010.

ADDRESSES: See Supplementary Information section for public meeting
addresses and for information on submitting meeting presentations.
    You may submit comments on the October 16, 2009 Federal Register
Notice, identified by Docket ID FEMA-2008-0017, by one of the following
methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
    E-mail<EMAIL_ADDRESS>Include ``Docket ID FEMA-2008-0017''
in the subject line of the message.
    Fax:<PHONE_NUMBER>.
    Mail/Hand Delivery/Courier: Regulation & Policy Team, Office of
Chief Counsel, Federal Emergency Management Agency, Room 835, 500 C
St., SW., Washington, DC 20472-3100.
    Docket: For access to the docket to read background documents, the
October 16, 2009 Federal Register Notice, or comments received, go to
the Federal eRulemaking Portal at http://www.regulations.gov, and
search for Docket ID ``FEMA-2008-0017.'' Submitted comments also may be
inspected at FEMA, Office of Chief Counsel, Room 835, 500 C St., SW.,
Washington, DC 20472.
    Privacy Act: Regardless of the method used for submitting comments
or material, all submissions will be posted, without change, to the
Federal eRulemaking Portal at http://www. regulations.gov, and will
include any personal information you provide. Therefore, both
statements made at the public meetings as well as written comments
submitted are public. You may wish to read the Privacy Act notice that
is available on the Privacy and Use link on the Administration
Navigation Bar of http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Donald Grant, Incident Management
Systems Integration Division, National Preparedness Directorate,
National Integration Center, 500 C Street, SW., Washington, DC 20472.
Phone:<PHONE_NUMBER>. E-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    The Voluntary Private Sector Accreditation and Certification
Preparedness Program (PS-Prep) is a DHS program, established under the
authority of Title IX of the Implementing Recommendations of the 9/11
Commission Act of 2007 (Pub. L. 110-53). FEMA published a Federal
Register Notice on December 24, 2008, at 73 FR 79140, announcing the
creation of the program. As discussed in that notice, the purpose of
PS-Prep is to raise the level of private sector preparedness by
establishing a system in which a private sector entity may voluntarily
obtain a certification of conformity with a particular DHS-adopted
preparedness standard.
    FEMA published a second Federal Register Notice on October 16,
2009, at 74 FR 53286, announcing DHS' intent to select three standards
for adoption in the PS-Prep program. The three identified standards
selected for adoption in PS-Prep at this time are:
    1. National Fire Protection Association 1600:2007--Standard on
Disaster/Emergency Management and Business Continuity Programs.
    2. British Standard 25999-2:2007--Business Continuity Management.
    3. ASIS SPC. 1-2009--Organizational Resilience: Security
Preparedness, and Continuity Management Systems--Requirements with
Guidance for Use.

II. Announcement of Public Meetings and Extension of Comment Period

    Through this notice, FEMA is announcing the dates, times,
locations, and discussion topics for a series of ten public meetings
that will be held to discuss PS-Prep. The purpose of these meetings is
to provide the public with an open forum to engage in dialogue with PS-
Prep leadership and program managers, in particular regarding the
October 16, 2009 Federal Register Notice announcing the intent to
select standards. Additionally, this notice extends the comment period
that was originally established in that October 16 notice. The comment
period will now be extended by an additional 60 days, and will close on
January 15, 2010.

A. Public Meetings

    The dates, times, and locations of the public meetings are set out
below. Any stakeholder or member of the public is free to attend the
meetings. Individuals will have the opportunity to make brief, formal
or informal, presentations of not more than 10 minutes, and to engage
in a question-and-answer session with DHS staff responsible for
implementing PS-Prep.
    Presentation topics should be related to one of the seven specific
issues to be discussed at this meeting, which are as follows: (1) The
identified standards selected for adoption in PS-Prep; (2) any
supporting guidance materials in addition to the three identified
standards that are needed to help the private sector attain
certification to one of the three standards; (3) factors that a
business would consider in determining which DHS-adopted standard(s) to
pursue for certification under PS-Prep; (4) reasons for businesses to
seek certification under the three identified standards; (5) how an
organization's certification under PS-Prep would affect or otherwise
influence another organization's decision to do business with them; (6)
how a maturity model approach could be applied to certification to any
of these standards; and (7) what the potential impact (e.g., cost,
return on investment, other considerations, etc.) on small businesses
might be when attempting to implement any of the three identified
standards.
    Members of the public who wish to make a presentation are requested
to provide their name, presentation description, city in which they
plan to present, and contact details (include e-mail address and
telephone number), no later than 5 p.m. Eastern Standard Time (EST),
one week prior to the stakeholder meeting they plan to attend, via e-
mail to the PS-Prep program at<EMAIL_ADDRESS>    Everyone who plans to attend a public meeting is respectfully
requested to be present and seated by 12:50 p.m. local time (for that
meeting). Although every effort will be made to accommodate all members
of the public, seating is limited and will be allocated on a first-
come, first-served basis. Please note that all meetings may close early
if all business is finished.
Public Meeting Dates, Times, and Locations
    1. November 17, 2009; Chicago, Illinois, 1 p.m. to 5 p.m. Central
Standard Time (CST), Holiday Inn Chicago O'Hare: 5615 North Cumberland
Avenue, Chicago, IL 60631;<PHONE_NUMBER>.
    2. November 18, 2009; Kansas City, Missouri, 1 p.m. to 5 p.m. CST,
Holiday Inn Kansas City Airport: 11728 N. Ambassador Drive, Kansas
City, MO 64153;<PHONE_NUMBER>.
    3. November 19, 2009; Dallas, Texas, 1 p.m. to 5 p.m. CST, Dallas/
Fort Worth Marriot Hotel & Golf Club at Champions Circle: 3300
Championship Parkway, Fort Worth, TX 76177;<PHONE_NUMBER>.
    4. December 1, 2009; Oakland, California, 1 p.m. to 5 p.m. Pacific
Standard Time (PST), Oakland Marriot City Center: 1001 Broadway,
Oakland, CA 94607;<PHONE_NUMBER>.
    5. December 2, 2009; Seattle, Washington, 1 p.m. to 5 p.m. PST,
Holiday Inn SEATAC International

Airport: 17338 International Boulevard, Seattle, WA 98188; 206-248-
1000.
    6. December 3, 2009; Denver, Colorado, 1 p.m. to 5 p.m. Mountain
Standard Time (MST), Marriott Denver City Center: 1701 California
Street, Denver, CO 80202;<PHONE_NUMBER>.
    7. December 8, 2009; Philadelphia, Pennsylvania, 1 p.m. to 5 p.m.
EST, Marriott Philadelphia Airport: One Arrivals Road, Philadelphia, PA
19153;<PHONE_NUMBER>.
    8. December 9, 2009; Boston, Massachusetts, 1 p.m. to 5 p.m. EST,
Sheraton Boston Hotel: 39 Dalton Street, Boston, MA 02199; 617-236-
2000.
    9. December 10, 2009; New York City, New York, 1 p.m. to 5 p.m.
EST, New York LaGuardia Airport Marriott: 102-05 Ditmars Boulevard,
East Elmhurst, NY 11369;<PHONE_NUMBER>.
    10. December 14, 2009; Atlanta, Georgia, 1 p.m. to 5 p.m. EST,
Sheraton Gateway Hotel: 1900 Sullivan Road, Atlanta, GA 30337; 770-997-
1100.
Information on Service for Individuals With Disabilities
    DHS provides reasonable accommodations to individuals with
disabilities where appropriate. Persons with disabilities who require
special assistance should call the contact person listed below in the
FOR FURTHER INFORMATION CONTACT section as early as possible. Please
indicate which public meeting you plan to attend, and identify your
anticipated special needs.

B. Extension of Comment Period

    DHS is extending the comment period initially established in the
October 16, 2009 Federal Register Notice announcing the intent to
select standards, in order for comments from each public meeting to be
taken into account by DHS prior to any formal adoption of those
standards. The new comment period will provide an additional 60 days,
and will close on January 15, 2010.
    DHS requests comments on issues presented in the October 16, 2009
notice, as well as comments on additional standards that satisfy the
Target Criteria presented in the December 24, 2008 notice. DHS will
accept comments on PS-Prep at any time, and comments will be considered
as they are received, but they may not inform DHS' decision on the
formal adoption of standards if they are received after the end of the
comment period.

    Dated: October 28, 2009.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. E9-26599 Filed 11-3-09; 8:45 am]

BILLING CODE 9111-46-P


[Federal Register Volume 84, Number 110 (Friday, June 7, 2019)]
[Notices]
[Pages 26717-26719]
[FR Doc No: 2019-11920]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0103; FMCSA-2014-0106; FMCSA-2014-0107; FMCSA-
2013-0124]

Qualification of Drivers; Exemption Applications; Hearing

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew exemptions for twenty
four individuals from the hearing requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) for interstate commercial motor
vehicle (CMV) drivers. The exemptions enable these hard of hearing and
deaf individuals to continue to operate CMVs in interstate commerce.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below. Comments must be received on or before July 8,
2019.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2014-0103; FMCSA-2014-0106;
FMCSA-2014-0107; FMCSA-2013-0124 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
ET,

Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2014-0103; FMCSA-2014-0106; FMCSA-2014-0107;
FMCSA-2013-0124), indicate the specific section of this document to
which each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online or by
fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so that
FMCSA can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-2014-0103; FMCSA-2014-0106; FMCSA-2014-
0107; FMCSA-2013-0124, in the keyword box, and click ``Search.'' When
the new screen appears, click on the ``Comment Now!'' button and type
your comment into the text box on the following screen. Choose whether
you are submitting your comment as an individual or on behalf of a
third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket number, FMCSA-2014-0103; FMCSA-2014-0106; FMCSA-2014-
0107; FMCSA-2013-0124, in the keyword box, and click ``Search.'' Next,
click the ``Open Docket Folder'' button and choose the document to
review. If you do not have access to the internet, you may view the
docket online by visiting the Docket Management Facility in Room W12-
140 on the ground floor of the DOT West Building, 1200 New Jersey
Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday
through Friday, except Federal holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for five years if it finds such exemption would likely achieve a level
of safety that is equivalent to, or greater than, the level that would
be achieved absent such exemption. The statute also allows the Agency
to renew exemptions at the end of the five-year period. FMCSA grants
exemptions from the FMCSRs for a two-year period to align with the
maximum duration of a driver's medical certification.
    The physical qualification standard for drivers regarding hearing
found in 49 CFR 391.41(b)(11) states that a person is physically
qualified to drive a CMV if that person first perceives a forced
whispered voice in the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested by use of an audiometric
device, does not have an average hearing loss in the better ear greater
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a
hearing aid when the audiometric device is calibrated to American
National Standard (formerly ASA Standard) Z24.5-1951.
    49 CFR 391.41(b)(11) was adopted in 1970, with a revision in 1971
to allow drivers to be qualified under this standard while wearing a
hearing aid, 35 FR 6458, 6463 (April 22, 1970) and 36 FR 12857 (July 3,
1971).
    The twenty four individuals listed in this notice have requested
renewal of their exemptions from the hearing standard in 49 CFR
391.41(b)(11), in accordance with FMCSA procedures. Accordingly, FMCSA
has evaluated these applications for renewal on their merits and
decided to extend each exemption for a renewable two-year period.

III. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136 and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

IV. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315, each of the twenty
six applicants has satisfied the renewal conditions for obtaining an
exemption from the hearing requirement. The twenty four drivers in this
notice remain in good standing with the Agency. In addition, for
Commercial Driver's License (CDL) holders, the Commercial Driver's
License Information System (CDLIS) and the Motor Carrier Management
Information System (MCMIS) are searched for crash and violation data.
For non-CDL holders, the Agency reviews the driving records from the
State Driver's Licensing Agency (SDLA). These factors provide an
adequate basis for predicting each driver's ability to continue to
safely operate a CMV in interstate commerce. Therefore, FMCSA concludes
that extending the exemption for each of these drivers for a period of
two years is likely to achieve a level of safety equal to that existing
without the exemption.
    As of March 3, 2019, and in accordance with 49 U.S.C. 31136(e) and
31315, the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:

Kevin Ballard (TX)
Scott Friede (TX)
Brandon Veronie (LA)
Anthony Witcher (MI)

    The drivers were included in docket number FMCSA-2014-0106. Their
exemptions are applicable as of March 3, 2019, and will expire March 3,
2021.
    As of March 13, 2019, and in accordance with 49 U.S.C. 31136(e) and
31315, the following five individuals have satisfied the renewal
conditions for obtaining an exemption form the hearing requirement in
the FMCSRs for interstate drivers:

Courtney Bertling (OR)
John Huey (TX)
John Hughey (AR)
Scott Putman (TX)
Kirk Soneson (OH)

    The drivers were included in docket number FMCSA-2014-0107. Their

exemptions, were applicable March 13, 2019, and will expire March 13,
2021.
    As of March 19, 2019, and in accordance with 49 U.S.C. 31136(e) and
31315, the following two individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:

Jared Katakura (HI) and Victor Morales (TX)

    The drivers were included in docket numbers FMCSA-2014-0103 and
FMCSA-2014-0106. Their exemptions are applicable as of March 19, 2019,
and will expire on March 19, 2021.
    As of March 29, 2019, and in accordance with 49 U.S.C. 31136(e) and
31315, the following thirteen individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:

Conley Bowling (NY)
Kareem Douglas (OH)
Craig Eberhart (PA)
Kenneth Frilando (NY)
Nathaniel Godfrey (KY)
Kenneth Harris (TX)
David Helgerson (WI)
Susan Helgerson (WI)
Floyd McClain (OH)
Robert Parrish (CA)
Victor Robinson (IN)
Jesse Shelander, (TX)
John Turner (CO)

    The drivers were included in docket numbers FMCSA-2014-0103 and
FMCSA-2014-0124. Their exemptions are applicable as of March 29, 2019,
and will expire on March 29, 2021.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must report any crashes or accidents as defined in 49
CFR 390.5; and (2) report all citations and convictions for
disqualifying offenses under 49 CFR part 383 and 49 CFR 391 to FMCSA;
and (3) each driver prohibited from operating a motorcoach or bus with
passengers in interstate commerce. The driver must also have a copy of
the exemption when driving, for presentation to a duly authorized
Federal, State, or local enforcement official. In addition, the
exemption does not exempt the individual from meeting the applicable
CDL testing requirements. Each exemption will be valid for two years
unless rescinded earlier by FMCSA. The exemption will be rescinded if:
(1) The person fails to comply with the terms and conditions of the
exemption; (2) the exemption has resulted in a lower level of safety
than was maintained before it was granted; or (3) continuation of the
exemption would not be consistent with the goals and objectives of 49
U.S.C. 31136 and 31315.

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the twenty four exemption
applications, FMCSA renews the exemptions of the aforementioned drivers
from the hearing requirement in 49 CFR 391.41 (b)(11). In accordance
with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for two
years unless revoked earlier by FMCSA.

    Issued on: May 29, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-11920 Filed 6-6-19; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: June 10, 2010 (Volume 75, Number 111)]
[Notices]
[Page 32983-32984]
[DOCID:fr10jn10-85]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-28480]

Commercial Driver's License (CDL) Standards: Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final dispositions.

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

SUMMARY: FMCSA has denied National Agricultural Aviation Association's
(NAAA) application for exemption, and, in a separate action, has denied
U.S. Custom Harvesters, Inc.'s (USCHI) suggestion for a pilot program.
Each request asked FMCSA to permit the transportation of hazardous
materials (HM) by drivers who have not obtained an HM endorsement for
their commercial driver's license (CDL) as required by current
regulations. FMCSA reviewed NAAA's application for exemption and the
public comments received on it, and also reviewed USCHI's suggestion
for a pilot program, and rendered each decision upon its merits.

DATES: The NAAA application was denied on August 7, 2009, and the USCHI
suggestion for a pilot program was denied on August 11, 2009.
    Dockets: For access to the dockets to read background documents or
comments received, go to http://www.regulations.gov at any time, or to
Room W12-140, DOT Building, 1200 New Jersey Ave., SE., Washington, DC,
between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, Driver and
Carrier Operations Division, Office of Bus and Truck Standards and
Operations; Telephone<PHONE_NUMBER>, E-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption
from certain of its regulations for a 2-year period if it finds ``such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption.'' On July 5, 2007, FMCSA published in the Federal Register a
notice of NAAA's application for exemption (72 FR 36748). The complete
docket of the NAAA request, including public comments, can be examined
at Docket No. FMCSA-2007-28480 (see ``Dockets'' above). A suggestion
for a pilot program, such as that filed by USCHI, is only published for
public comment if the FMCSA Administrator accepts the proposal (49 CFR
381.405(b)).

FMCSA Decision

    NAAA failed to demonstrate alternatives its members would employ to
ensure that their commercial motor vehicle (CMV) drivers operating
under the requested exemption would achieve a level of safety
equivalent to, or greater than, the level of safety that would be
obtained if they had to comply with the regulations, as required by 49
CFR 381.305(c)(5). USCHI's proposed pilot program, while potentially
collecting useful data for evaluating alternatives to the Federal Motor
Carrier Safety Regulations (FMCSRs), failed to recommend alternative
safety measures that would ensure that the safety of its CMV pilot
drivers would be equivalent to, or greater than, the level of safety of
CMV drivers operating without the pilot exemptions in place, as
required by 49 CFR 381.410(c)(8).

NAAA

    NAAA is a trade association representing those engaged in the
commercial application of fertilizer and other agricultural products by
airplane. It states that the requested exemption would relieve the
difficulty its members experience in finding CMV drivers qualified to
transport aircraft fuel, a hazardous material. The exemption would
allow NAAA drivers to operate under the limited exception from the CDL
rules provided for those engaged in certain ``farm-related service
industries'' (49 CFR 383.3(f)). States may allow a driver so engaged to
operate under a ``restricted CDL'' without successfully completing the
CDL knowledge and skills tests required by 49 CFR 393.135. The
operations of NAAA members appear to satisfy several of the
prerequisites for this restricted CDL. However, States are required by
49 CFR 393.3(f)(3)(v) to restrict the HM operations conducted by those
granted restricted CDLs to the transport of solid fertilizers and
limited quantities of diesel fuel or liquid fertilizer. NAAA wants
FMCSA, by exemption, to allow its drivers holding this restricted CDL
to transport the HM fuels used to power aircraft engines.

    FMCSA received 17 comments. Nine commenters supported NAAA,
primarily because they are experiencing the same shortage of qualified
CDL drivers described by NAAA in its application. Five commenters
opposed NAAA's application, including Advocates for Highway and Auto
Safety and safety agencies of three States. The commenters pointed out
that if this exemption were in place, NAAA drivers would be
transporting hazardous materials more dangerous than those permitted by
Section 393.3(f)(3)(v), and would be doing so without demonstrating
basic competency in CMV operations. The drivers would also avoid two
requirements for the HM endorsement: Successful completion of the
written HM test required by 49 CFR 383.135, and a determination of
``not a security threat,'' by the Transportation Security
Administration (TSA) pursuant to 49 CFR 383.141(b). The commenters also
pointed out that NAAA failed to propose an alternative method of
assessing the knowledge and skills of these CMV drivers, as required by
49 CFR 381.415(c)(6)-(c)(8). FMCSA found that NAAA failed to
demonstrate how it would ensure that the operations of its members
under the exemption would achieve a level of safety equivalent to, or
greater than, the level of safety that would be obtained in the absence
of the exemption.

USCHI

    U.S. Custom Harvesters Inc. (USCHI) is a trade association whose
members engage in specialized farming operations during the harvest
season. Custom harvesters typically travel from farm to farm using
diesel-powered farm machinery to harvest crops for clients. Due to the
time-sensitive nature of harvesting operations, custom harvesters
typically operate for only a day or two at a farm and move quickly on
to the next farm. In some localities, diesel fuel distributors are not
equipped to transport diesel fuel, a hazardous material, to the fields
as frequently as these operations require, so custom-harvesters bring
commercial motor vehicles (CMVs) with them to transport the diesel
fuel. They hire drivers to operate the CMVs, but the FMCSRs require
that those operating CMVs transporting placardable quantities of diesel
fuel have an HM endorsement on their CDL. USCHI asserts that the
seasonal nature of custom-harvesting operations provides a very limited
timeframe for the recruitment of the number of CDL drivers, with HM
endorsement, needed by the custom-harvesting industry. Many potential
drivers lack only an HM endorsement on their CDL. USCHI asserts that
too much time is consumed in taking the HM test, and obtaining TSA's
``not-a-security-threat'' clearance, to allow them to be available to
drive HM CMV's when the custom-harvesting season begins.
    USCHI asked FMCSA to conduct a pilot program under 49 CFR part 381
(subparts C and D) so that its members could demonstrate that their CMV
drivers can transport placardable quantities of diesel fuel in support
of custom-harvesting operations safely without obtaining an HM
endorsement; but the USCHI pilot proposal failed to include alternative
measures to ensure that safety would not deteriorate if their CMV
drivers were allowed to haul HM without an HM endorsement. The design
of the pilot program proposed by USCHI failed to satisfy the safety
performance goals of the FMCSRs, as required by 49 CFR 381.400(c).

Conclusion

    FMCSA carefully reviewed NAAA's application for exemption and the
public comments received on it, and also carefully reviewed USCHI's
suggestion for a pilot program. The Agency concluded that the NAAA
application failed to demonstrate how it would ensure that the
operations of its members under the exemption would achieve a level of
safety equivalent to, or greater than, the level of safety that would
be obtained in the absence of the exemption. The Agency concluded that
the USCHI suggestion for a pilot program failed to satisfy the safety
performance goals of the FMCSRs, as required by 49 CFR 381.400(c).
Accordingly, FMCSA denied NAAA's application for exemption, and USCHI's
suggestion for a pilot program.

    Issued on: June 4, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-13903 Filed 6-9-10; 8:45 am]
BILLING CODE 4910-EX-P


Panel Members for the Meeting of the Federal Insecticide, Fungicide and Rodenticide Act Scientific Advisory Panel (FIFRA SAP)

           to Consider and Review Scientific Issues Associated with
Prioritizing the Universe of Endocrine Disruptor Screening Program (EDSP) Chemicals Using Computational Toxicology Tools

                          January 29-February 1, 2013

Docket Number: EPA-HQ-OPP-2012-0818			OPP Docket Tel:<PHONE_NUMBER>

FIFRA SAP Chair

Daniel Schlenk, Ph.D.
Professor of Aquatic Ecotoxicology & Environmental Toxicology
Department of Environmental Sciences
University of California, Riverside
Riverside, CA

Designated Federal Official
Sharlene R. Matten, Ph.D.
US Environmental Protection Agency
Office of Science Coordination & Policy
FIFRA Scientific Advisory Panel
EPA East Building, MC 7201M
1200 Pennsylvania Avenue, NW
Washington, DC 20460
Tel:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>, E-mail<EMAIL_ADDRESS>
FIFRA Scientific Advisory Panel Members

K. Barry Delclos, Ph.D.
Research Pharmacologist
Division of Biochemical Toxicology
National Center for Toxicological Research
U.S. Food and Drug Administration
Jefferson, AR

Marion F. Ehrich, Ph.D., D.A.B.T., A.T.S.
Professor of Pharmacology and Toxicology
Department of Biomedical Science and Pathobiology
Virginia-Maryland Regional College of Veterinary Medicine
Virginia Polytechnic Institute and State University
Blacksburg, VA

Stephen J. Klaine, Ph.D.
Professor and Director
Clemson University Institute of Environmental Toxicology
Department of Biological Sciences
Pendleton, SC

James L. McManaman, Ph.D.
Professor and Chief
Section of Basic Reproductive Sciences
Department of Obstetrics and Gynecology & Department of Physiology and Biophysics
University of Colorado-Denver
Aurora, CO

Prakash Nagarkatti, Ph.D.
Vice President for Research
Carolina Distinguished Professor
University of South Carolina
Columbia, SC

Martha S. Sandy, Ph.D.
Senior Toxicologist and Chief
Cancer Toxicology and Epidemiology Section
Reproductive & Cancer Hazard Assessment Branch
Office of Environmental Health Hazard Assessment
California Environmental Protection Agency
Oakland, CA

FQPA Science Review Board Members
Thomas P. Burris, Ph.D., F.A.H.A., F.A.A.A.S.
Professor
Department of Molecular Therapeutics &
Department of Metabolism and Aging
Director, Center for Diabetes and Metabolic Diseases
The Scripps Research Institute
Jupiter, FL

Janice E. Chambers, Ph.D., D.A.B.T., A.T.S.
William L. Giles Distinguished Professor
Director, Center for Environmental Health Sciences
College of Veterinary Medicine
Mississippi State University
Mississippi State, MS

Mark T. D. Cronin, Ph.D.
Professor of Predictive Toxicology
School of Pharmacy and Biomolecular Sciences
Liverpool John Moores University
Liverpool, United Kingdom

Nancy Derrick Denslow, Ph.D.
Professor
Department of Physiological Sciences
University of Florida
Gainesville, FL

Miriam Jacobs, Ph.D.
Scientific Officer
European Food Safety Authority (EFSA)
Assessment Methodology Unit
Parma, Italy

Michael J. Keiser, Ph.D.
President & Chief Operating Officer
SeaChange Pharmaceuticals, Inc.
San Francisco, CA

M.E. (Bette) Meek, Ph.D.
Associate Director
Chemical Risk Assessment
McLaughlin Centre for Population Health Risk Assessment
University of Ottawa
Ottawa, Ontario
Canada

Edward J. Perkins, Ph.D.
Senior Research Scientist (ST)
Environmental Networks and Genetic Toxicology
Environmental Laboratory
U.S. Army Engineer Research and Development Center
U.S. Army Corps Engineers
Vicksburg, MS

Stephen H. Safe, Ph.D.
Distinguished Professor
Department of Veterinary Physiology and Pharmacology
Texas A&M University
College Station, TX

Terry Schultz, Ph.D.
Professor Emeritus
Department of Comparative Medicine
College of Veterinary Medicine
University of Tennessee
Knoxville, TN

Leming Shi, Ph.D
Principal Investigator
Division of Bioinformatics and Biostatistics
National Center for Toxicological Research
U.S. Food and Drug Administration
Jefferson, AR

Katrina M. Waters, Ph.D.
Senior Staff Scientist
Technical Group Manager/Associate Division Director
Computational Sciences & Mathematics Division
Pacific Northwest National Laboratory
Richland, WA


[Federal Register Volume 76, Number 188 (Wednesday, September 28, 2011)]
[Notices]
[Pages 60108-60110]
[FR Doc No: 2011-24866]

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SECURITIES AND EXCHANGE COMMISSION

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Adopt a Market-Maker Trade Prevention Order

September 22, 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 15, 2011, the Chicago Board Options Exchange,
Incorporated (the ``Exchange'' or ``CBOE'') filed with the Securities
and Exchange Commission (the ``Commission'') the proposed rule change
as described in Items I and II below, which Items have been prepared by
the Exchange. The Exchange filed the proposal as a ``non-
controversial'' proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).

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

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to adopt a Market-Maker Trade Prevention
Order. The text of the proposed rule change is available on the
Exchange's Web site (http://www.cboe.org/legal), at the Exchange's
Office of the Secretary, and at the Commission.

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 self-regulatory organization
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 those 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, Proposed Rule Change

1. Purpose
    The Exchange proposes to adopt a Market-Maker Trade Prevention
(``MMTP'') Order. The proposed MMTP Order is an immediate-or-cancel
order containing a designation that prevents incoming orders for a
Market-Maker from executing against resting quotes and orders for the
same Market-Maker.
    The MMTP Order type designation is intended to prevent a Market-
Maker from trading on both sides of the same transaction. Orders would
be marked with the MMTP designation on an order-by-order basis. An
incoming MMTP Order cannot interact with interest resting on the book
from the same Market-Maker. An MMTP Order that would trade against a
resting quote or order for the same Market-Maker will be cancelled, as
will the resting quote or order. The MMTP Order will trade against
other tradable orders and quotes entered by or on behalf of another
market participant (other than those entered by or on behalf of the
same Market-Maker) in accordance with the execution process described
in Exchange Rules 6.45 (Priority of Bids and Offers--Allocation of
Trades), 6.45A (Priority and Allocation of Equity Option Trades on the
CBOE Hybrid System) and 6.45B (Priority and Allocation of Trades in
Index Options and Options on ETFs on the CBOE Hybrid System).
    However, if the MMTP is received while an order for the same
Market-Maker is subject to Rule 6.13A, Simple Auction Liaison (SAL),
Rule 6.14, Hybrid Agency Liaison (HAL)/Rule 6.14A, Hybrid Agency
Liaison 2 (HAL2), Rule 6.74A, Automated Improvement Mechanism
(``AIM''), and Rule 6.74B, Solicitation Auction Mechanism (each an
``auction''), only the MMTP Order will be canceled. The order being
represented in the auction will not be cancelled. This is because the
order being represented in the auction will still be able to execute
via the auction mechanism against orders originating from other market
participants. As auctions are designed to achieve price improvement,
the Exchange does not want to interfere with the auction process and
cancel an order that is already up for auction, since it can achieve
price improvement with an order from another market participant.
    For example, assume the Exchange's best bid and offer is $1.00-
$1.20, 100 contracts on each side. A Market-Maker marks an order to buy
100 contracts at $1.20 with the MMTP distinction, making it an MMTP
Order. The MMTP Order is submitted to the Exchange and it would trade
with a resting quote from the same Market-Maker for 100 contracts
offered at $1.20, then both the order to buy and the resting offer
quote would be canceled. However, if the resting offer quote from the
same Market-Maker was for only 60 contracts, then 60 contracts from the
order to buy would be canceled (as would the resting quote), but the
other 40 contracts could trade with the resting offer interest of the
other market participants.
    As another example, assume a sell order entered on behalf of a
Market-Maker is subject to a HAL auction. A Market-Maker marks an order
to buy with the MMTP distinction, making it an MMTP Order. If this
incoming MMTP Order is received while the auction is in progress and
the MMTP Order would otherwise trade with the order that is subject to
the HAL auction, then only the MMTP Order would be cancelled. The order
being represented in the auction would not be canceled.
    At this time, the Exchange intends to identify an incoming MMTP
Order as being for the same Market-Maker if the MMTP Order and resting
quote or order share any of the following: (1) User acronym, (2) login
ID, or (3) sub-account code. Each Market-Maker is assigned its own
acronym (sometimes multiple acronyms). However, a Market-Maker may have
multiple different login IDs or sub-account codes. A login ID is the
session through which a Market-Maker routes orders to the Exchange. A
Market-Maker may elect to use different login IDs to route different
types of communications to the Exchange. For example, a Market-Maker
may choose to use login ID 1 for all orders it sends to the
Exchange and login ID 2 for all quotes it sends to the
Exchange. Or the Market-Maker may be much more specific, and use
different login IDs for different types of orders and quotes. A sub-
account code is simply a field on each order or quote that lists the
account into which a trade clears at the Options Clearing Corporation
(``OCC''). A Market-Maker may have different sub-account codes for each
trader it employs, so that the Market-Maker may track each trader's
activity. Finally, Market-Makers sometimes use different acronyms but
clear into the same accounts (thereby using the same sub-accounts
codes).
    Allowing Market-Makers to designate orders as MMTP Orders is
intended to allow firms to better manage order flow and prevent
unwanted executions resulting from the interaction of executable buy
and sell trading interest for the same Market-Maker, as well as prevent
the potential for (or appearance of) ``wash sales'' that may occur as a
result of the velocity of trading in today's high speed marketplace.
When a Market-Maker is preparing to submit an order, the Market-Maker
may not know whether or not his order is going to trade against his own
resting quote. Further, many Market-Makers have multiple connections
into the Exchange due to capacity- and speed-related demands. Orders
routed by the same Market-Makers via different connections may, in
certain circumstances, trade against each other. Finally, the Exchange
notes that offering the MMTP modifiers will streamline certain
regulatory functions by reducing false positive results that may occur
on Exchange-generated wash trading surveillance reports when orders are
executed by the same Market-Maker. For these reasons, the Exchange
believes the MMTP Order provides Market-Makers enhanced order
processing functionality to prevent potentially unwanted trades from
occurring.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act \5\ and the rules and regulations thereunder and, in
particular, the requirements of Section 6(b) of the Act.\6\
Specifically, the Exchange believes the proposed rule change is
consistent with

the Section 6(b)(5) \7\ requirements that the rules of an exchange be
designed to promote just and equitable principles of trade, to prevent
fraudulent and manipulative acts, to remove impediments to and to
perfect the mechanism for a free and open market and a national market
system, and, in general, to protect investors and the public interest.
The proposed rule change advances these objectives by making available
to Market-Makers a type of order that will assist Market-Makers in
preventing unwanted executions against themselves.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(1).
    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    CBOE does not believe that the proposed rule change will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act.

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 with respect to the
proposed rule change.

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

    The proposed rule change is filed for immediate effectiveness
pursuant to Section 19(b)(3)(A) \8\ of the Securities Exchange Act of
1934 and Rule 19b-4(f)(6) \9\ thereunder because it effects a change
that (i) Does not significantly affect the protection of investors or
the public interest; (ii) does not impose any significant burden on
competition; and (iii) by its terms, does not become operative for 30
days after the date of the filing, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    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.

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-CBOE-2011-079 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.

All submissions should refer to File Number SR-CBOE-2011-079. 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, 100 F Street, NE.,
Washington, DC 20549, 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 CBOE. 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-CBOE-2011-079 and should be
submitted on or before October 19, 2011.
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-24866 Filed 9-27-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 13 (Tuesday, January 21, 2020)]
[Notices]
[Pages 3448-3449]
[FR Doc No: 2020-00803]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87959; File No. SR-CBOE-2019-035]

Self-Regulatory Organizations; Cboe Exchange, 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 Nos. 1 and 2, Regarding Off-Floor Position
Transfers

January 14, 2020.
    On July 3, 2019, Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe
Options'') 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 amend its rule relating to off-floor position
transfers. The proposed rule change was published for comment in the
Federal Register on July 23, 2019.\3\ On August 6, 2019, the Exchange
filed Amendment No. 1 to the proposed rule change.\4\ On September 4,
2019, the Commission extended the time period within which to either
approve the proposed rule change, disapprove the proposed rule change,
or institute proceedings to determine whether to approve or disapprove
the propose rule change, to October 21, 2019.\5\ On October 7, 2019,
the Exchange filed Amendment No. 2 to the proposed rule change.\6\ The
Commission received two

comment letters on the proposal.\7\ On October 21, 2019, the Commission
instituted proceedings to determine whether to approve or disapprove
the proposed rule changes (``OIP'').\8\ The Commission received two
additional comments in response to the Notice and OIP, including a
response from the Exchange.\9\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 86400 (July 17,
2019), 84 FR 35438 (``Notice'').
    \4\ In Amendment No. 1, the Exchange deleted from the proposed
rule change the proposal to permit off-floor risk-weighted asset
(``RWA'') transfers. The exchange subsequently refiled the RWA
transfer proposal as a separate proposed rule change filing in SR-
CBOE-2019-044. See Securities Exchange Release No. 87107 (September
25, 2019), 84 FR 52149 (October 1, 2019) (order approving proposed
rule change to adopt Cboe Rule 6.49B regarding off-floor RWA
transfers). When the Exchange filed Amendment No. 1 to CBOE-2019-
035, it also submitted the text of the amendment as a comment letter
to the filing, which the Commission made publicly available at
https://www.sec.gov/comments/sr-cboe-2019-035/srcboe2019035-5917170-189047.pdf.
    \5\ See Securities Exchange Act Release No. 86861 (September 4,
2019), 84 FR 47627 (September 10, 2019).
    \6\ In Amendment No. 2, the Exchange updated cross-references to
Cboe rules throughout the proposed rule change to reflect separate
amendments it made to its rulebook in connection with the Exchange's
technology migration, which it subsequently completed on October 7,
2019. When the Exchange filed Amendment No. 2 to CBOE-2019-035, it
also submitted the text of the amendment as a comment letter to the
filing, which the Commission made publicly available at https://www.sec.gov/comments/sr-cboe-2019-035/srcboe2019035-6258833-192955.pdf. The Commission notes that in addition to the cross-
references updated in Amendment No. 2, the Exchange relocated Rule
6.49A to Rule 6.7 in its post-migration rulebook and made conforming
changes to its proposed rule change to reflect that new rule number.
    \7\ See Letter to Vanessa Countryman, Secretary, Commission,
dated September 24, 2019, from John Kinahan, Chief Executive
Officer, Group One Trading, L.P., available at https://www.sec.gov/comments/sr-cboe-2019-035/srcboe2019035-6193332-192497.pdf (``Group
One Letter'') and Letter to Brent J. Fields, Secretary, Commission,
dated August 19, 2019, from Gerald D. O'Connell, Compliance
Coordinator, Susquehanna International Group, LLP, available at
https://www.sec.gov/comments/sr-cboe-2019-035/srcboe2019035-5985436-190350.pdf (``SIG August 2019 Letter'').
    \8\ See Securities Exchange Act Release No. 87374, 84 FR 57542
(October 25, 2019) (``OIP'').
    \9\ See Letter to Vanessa Countryman, Secretary, Commission,
dated November 15, 2019, from Laura G. Dickman, Vice President,
Associate General Counsel, Cboe Exchange, Inc., available at https://www.sec.gov/comments/sr-cboe-2019-035/srcboe2019035-6434377-198588.pdf (``Cboe Response Letter'') and Letter to Vanessa
Countryman, Secretary, Commission, dated December 12, 2019, from
Gerald D. O'Connell, Compliance Coordinator, Susquehanna
International Group, LLP, available at https://www.sec.gov/comments/sr-cboe-2019-035/srcboe2019035-6535880-200548.pdf (``SIG December
2019 Letter'').
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \10\ provides that, after initiating
proceedings, the Commission shall issue an order approving or
disapproving the proposed rule change not later than 180 days after the
date of publication of notice of filing of the proposed rule change.
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 such determination. The proposed rule
change was published for notice and comment in the Federal Register on
July 23, 2019.\11\ January 19, 2020 is 180 days from that date, and
March 19, 2020 is 240 days from that date.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2).
    \11\ See Notice, supra note 3.
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to issue an order approving or disapproving the proposed
rule change so that it has sufficient time to consider the proposed
rule change, the issues raised in the comment letters that have been
submitted in connection therewith, and the Exchange's response to
comments. Accordingly, the Commission, pursuant to Section 19(b)(2) of
the Act,\12\ designates March 19, 2020 as the date by which the
Commission should either approve or disapprove the proposed rule change
(File No. SR-CBOE-2019-035).
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

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

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-00803 Filed 1-17-20; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 244 (Tuesday, December 20, 2011)]
[Proposed Rules]
[Pages 78871-78872]
[FR Doc No: 2011-32476]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2011-0897; FRL-9499-8]

Revisions to the California State Implementation Plan, South
Coast Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve a revision to the South Coast Air
Quality Management District (SCAQMD) portion of the California State
Implementation Plan (SIP). This revision concerns oxides of nitrogen
(NOX) and oxides of sulfur (SOX) emissions from
facilities emitting 4 tons or more per year of NOX or
SOX in the year 1990 or any subsequent year under the
SCAQMD's Regional Clean Air Incentives Market (RECLAIM) program. We are
approving a local rule that regulates these emission sources under the
Clean Air Act as amended in 1990 (CAA or the Act).

DATES: Any comments on this proposal must arrive by January 19, 2012.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2011-0897, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
    Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed at www.regulations.gov, some
information may be publicly available only at the hard copy location
(e.g., copyrighted material, large maps), and some may not be publicly
available in either location (e.g., CBI). To inspect the hard copy
materials, please schedule an appointment during normal business hours
with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Lily Wong, EPA Region IX, (415) 947-
4114<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This proposal addresses the following local
rule: SCAQMD Rule 2005, New Source Review for RECLAIM. In the Rules and
Regulations section of this Federal Register, we are approving this
local rule in a direct final action without prior proposal because we
believe these SIP revisions are not controversial. If we receive
adverse comments, however, we will publish a timely withdrawal of the
direct final rule and address the comments in subsequent action based
on this proposed rule. Please note that if we receive adverse comment
on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, we may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
    We do not plan to open a second comment period, so anyone
interested in commenting should do so at this time. If we do not
receive adverse comments, no further activity is

planned. For further information, please see the direct final action.

    Dated: November 18, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.
 [FR Doc. 2011-32476 Filed 12-19-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 231 (Friday, December 2, 2022)]
[Notices]
[Page 74154]
[FR Doc No: 2022-26280]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health

Food and Drug Administration

Statement of Organization, Functions, and Delegations of
Authority

AGENCY: National Institutes of Health and Food and Drug Administration,
HHS.

ACTION: Notice.

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

SUMMARY: The Secretary of Health and Human Services delegates to the
National Institutes of Health (NIH) Director and the Food and Drug
Administration (FDA) Commissioner the authorities vested in the
Secretary of Health and Human Services under Section 3 of the
Accelerating Access to Critical Therapies for ALS Act, as amended, to
establish and implement a Public-Private Partnership for rare
neurodegenerative diseases. These authorities may be redelegated.
Exercise of this authority shall be in accordance with established
policies, procedures, guidelines, and regulations as prescribed by the
Secretary. The Secretary retains the authority to submit reports to
Congress and promulgate regulations.

DATES: This authority delegation was approved by the Secretary of
Health and Human Services on November, 29, 2022.

    Dated: November 29, 2022.
Xavier Becerra,
Secretary, Department of Health and Human Services.
[FR Doc. 2022-26280 Filed 12-1-22; 8:45 am]
BILLING CODE 4140-01-P


Docket Number:  EPA-HQ-OPP-2006-0111
www.regulations.gov

                                  Fenoxycarb
                      Registration Review Final Decision
                                September 2011

                                  Fenoxycarb
                      Registration Review Final Decision
                                September, 2011

                               Case Number 7401

Approved by: ______________________
		Richard P. Keigwin, Jr.
		Director, Pesticide Re-evaluation Division

Date:		______________________

                               TABLE OF CONTENTS

I.	INTRODUCTION	4

II.	BACKGROUND INFORMATION	5

III.	REGISTRATION REVIEW FINAL DECISION	6

I.	INTRODUCTION

	This document is the Environmental Protection Agency's (EPA or the Agency) Registration Review Final Decision for fenoxycarb and is being issued pursuant to 40 CFR § 155.57 and § 155.58.  A registration review decision is the Agency's determination whether a pesticide meets, or does not meet, the standard for registration in the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

	FIFRA, as amended by the Food Quality Protection Act (FQPA) of 1996, mandated the continuous review of existing pesticides.  All pesticides distributed or sold in the United States must generally be registered by EPA, based on scientific data showing that they will not cause unreasonable risks to human health or the environment when used as directed on product labeling.  The registration review program is intended to make sure that, as the ability to assess risk evolves and as policies and practices change, all registered pesticides continue to meet the statutory standard of no unreasonable adverse effects to human health or the environment.  Through the registration review program, the Agency periodically reevaluates pesticides to make sure that as change occurs, products in the marketplace can be safely used.  Information on this program is provided at:  http://www.epa.gov/oppsrrd1/registration_review/.

	In 2006, the Agency implemented the Registration Review program pursuant to FIFRA Section 3(g), and will review each registered pesticide every 15 years to determine whether it continues to meet the FIFRA standard for registration.

	Pursuant to 40 CFR § 155.50, the Agency formally initiated registration review for fenoxycarb (case 7401).  The following timeline highlights significant events that have occurred during the registration review of fenoxycarb:

   * August 1, 2007  -  Publication of the Fenoxycarb Summary Document, Scoping Document, and Problem Formulation Document in the docket (EPA-HQ-OPP-2006-0111) for a 60-day public comment period.  The Summary Document also included the preliminary work plan.

   * December 20, 2007  -  Publication of the Fenoxycarb Final Work Plan and the Agency's response to the public comments received during the 60-day comment period on the fenoxycarb Summary Document.  Based on the public comments received, the Fenoxycarb Final Work Plan was slightly modified from the Fenoxycarb Preliminary Work Plan.

   * August 25, 2010  -  Published a Notice of Receipt of requests to voluntarily cancel certain pesticide registrations containing fenoxycarb in the Federal Register (75 FR 52340) (FRL-8843-1).  No comments were received during the 30-day comment period.
   * December 30, 2010  -  Published the Product Cancellation Order for certain pesticide registrations containing fenoxycarb in the Federal Register (75 FR 82387) (FRL-8854-8).

   * May 4 , 2011  -  Publication of the fenoxycarb Registration Review Proposed Final Decision Notice of Availability in the Federal Register (Volume 76, Number 86, Pages 25340-25342).

   * July 5, 2011  -  Closure of the 60-day public comment period on the proposed decision.  No comment was received.

II.	BACKGROUND INFORMATION

	Fenoxycarb is an O-ethyl carbamate ester derivative insecticide, miticide, insect growth regulator, sex attractant, and feeding stimulant. It is intended to be used to inhibit metamorphosis of juvenile insects to the adult stage. Fenoxycarb's registered uses are all non-food uses. The registered use pattern is for indoor residential settings (flea control), greenhouses, turf (residential/commercial/ornamental), non-bearing orchards, and on outdoor plants. The most recent human health exposure assessments and environmental fate and ecological review occurred in the late 1990's.

	After the Final Work Plan was published in December, 2007 as part of the registration review process for fenoxycarb, the technical and end-use product registrants, Syngenta Crop Protection, Inc. and Whitmire Micro-Gen Research Laboratories, Inc. informed the Agency that they were each requesting to voluntarily cancel all of their fenoxycarb product registrations.  A Notice of Receipt of requests to voluntarily cancel all pesticide registrations containing fenoxycarb published in the Federal Register on August 25, 2010.  There were no comments submitted during the 30-day comment period.   The Agency then issued the product cancellation order on December 30, 2010 for all fenoxycarb product registrations.  (Copies of those documents are included in the docket for this registration review.)  As specified in the Cancellation Order, the fenoxycarb technical product and Whitmire Micro-Gen Research Laboratories, Inc.'s end-use product were cancelled as of December 30, 2010.

Syngenta Crop Protection, Inc. is prohibited from using, selling, or distributing technical fenoxycarb except for:
   1. export consistent with FIFRA section 17
   2. for proper disposal, or
   3. to formulate existing stocks of the technical fenoxycarb  into its end-use product effective immediately.

      The Syngenta Crop Protection Inc.'s end-use product is cancelled effective as of December 31, 2012. After December 31, 2012, Syngenta Crop Protection, Inc. is prohibited from selling or distributing its end-use product, except for export consistent with FIFRA section 17 or for proper disposal. Persons other than Syngenta Crop Protection, Inc. are allowed to sell, distribute, and use existing stocks of the canceled end-use product until supplies are exhausted, provided that such sale, distribution, and use is consistent with the terms of the previously approved labeling on, or that accompanied, the canceled product.

      Whitmire Micro-Gen Research Laboratories, Inc. is permitted to sell and distribute existing stocks of its end-use fenoxycarb product until December 31, 2013. Thereafter, Whitmire Micro-Gen Research Laboratories, Inc. is prohibited from selling or distributing its end-use product, except for export consistent with FIFRA section 17 or for proper disposal. Persons other than Whitmire Micro-Gen Research Laboratories, Inc. are allowed to sell, distribute, and use existing stocks of the canceled end-use product  until supplies are exhausted, provided that such sale, distribution, and use is consistent with the terms of the previously approved labeling on, or that accompanied, the canceled product.

III.	REGISTRATION REVIEW FINAL DECISION

	As stated in the Fenoxycarb Preliminary Work Plan, the Agency had intended to revise the existing risk assessments for fenoxycarb.  However, due to the cancellation order issued affecting all remaining fenoxycarb product registrations in the United States, the Agency found that it is not necessary to conduct new risk assessments for fenoxycarb and, therefore, issued a proposed decision pursuant to 40 CFR Part 155.53(c)(2) and 40 CFR Part 155.58.  The voluntary cancellation of all U.S. fenoxycarb registrations will become effective prior to the previously planned completion dates for the preliminary fenoxycarb risk assessments. Additionally, the sale and distribution of existing stock for the one remaining end use product will end in the same calendar year as the scheduled final registration review decision. The Registration Review Timeline introduced in the fenoxycarb preliminary work plan proposed that the Agency would issue the preliminary risk assessments in mid-2012, issue the revised risk assessments in late 2012 with a final registration review decision scheduled for 2013.

      The Agency does not expect the current risks associated with fenoxycarb use to differ from those identified during the fenoxycarb reregistration process.  The existing stocks sales and distribution deadlines included in the December 30, 2010 cancellation order ensure that fenoxycarb sale, distribution, and use will decline and eventually cease entirely in the United States in the future.  During this interim period, the Agency believes that existing stocks of fenoxycarb products may be used until depleted without causing unreasonable risk to human health and the environment.  Pursuant to 40 CFR § 155.57 and 155.58, the Agency is issuing the Registration Review Final Decision, thus concluding the fenoxycarb registration review, for the reasons discussed above.  The affected product registrations are subject to the terms and conditions of the December 30, 2010 cancellation order.