[Federal Register Volume 87, Number 235 (Thursday, December 8, 2022)]
[Notices]
[Pages 75243-75244]
[FR Doc No: 2022-26685]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER22-1192-003.
    Applicants: Constellation Mystic Power, LLC.
    Description: Compliance filing: Compliance Filing of Settlement
Tariff Sheets to be effective 6/1/2022.
    Filed Date: 12/2/22.
    Accession Number: 20221202-5079.
    Comment Date: 5 p.m. ET 12/23/22.

    Docket Numbers: ER23-175-001.
    Applicants: Daggett Solar Power 3 LLC.
    Description: Tariff Amendment: Amendment to Market-Based Rate
Application to be effective 12/26/2022.
    Filed Date: 12/2/22.
    Accession Number: 20221202-5111.
    Comment Date: 5 p.m. ET 12/23/22.

    Docket Numbers: ER23-545-000.
    Applicants: PacifiCorp.
    Description: Sec.  205(d) Rate Filing: OATT Revised Attachment H-
1--Attachment 14 to be effective 2/2/2023.
    Filed Date: 12/2/22.
    Accession Number: 20221202-5019.
    Comment Date: 5 p.m. ET 12/23/22.

    Docket Numbers: ER23-546-000.
    Applicants: Meadowlark Wind I LLC.
    Description: Baseline eTariff Filing: Reactive Power Compensation
Baseline to be effective 1/31/2023.
    Filed Date: 12/2/22.
    Accession Number: 20221202-5032.
    Comment Date: 5 p.m. ET 12/23/22.

    Docket Numbers: ER23-547-000.
    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Sec.  205(d) Rate Filing: 2022-12-02_SA 3296 ITC-DIG
J1262 1st Rev GIA to be effective 11/22/2022.
    Filed Date: 12/2/22.
    Accession Number: 20221202-5049.
    Comment Date: 5 p.m. ET 12/23/22.

    Docket Numbers: ER23-548-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 1313R17 Oklahoma Gas and
Electric Company NITSA and NOA to be effective 2/1/2023.
    Filed Date: 12/2/22.
    Accession Number: 20221202-5061.
    Comment Date: 5 p.m. ET 12/23/22.

    Docket Numbers: ER23-549-000.
    Applicants: Consolidated Edison Company of New York, Inc., New York
Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: Consolidated Edison Company
of New York, Inc. submits tariff filing per 35.13(a)(2)(iii: NYISO-
ConEd Joint 205: TPIA NYISO, ConEd, Transco SA2734--CEII to be
effective 11/17/2022.
    Filed Date: 12/2/22.
    Accession Number: 20221202-5063.
    Comment Date: 5 p.m. ET 12/23/22.

    Docket Numbers: ER23-550-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to ISA No. 3741,
Queue #Y3-012 (amend) to be effective 12/23/2013.
    Filed Date: 12/2/22.
    Accession Number: 20221202-5085.
    Comment Date: 5 p.m. ET 12/23/22.

    Docket Numbers: ER23-551-000.
    Applicants: Arizona Public Service Company.
    Description: Sec.  205(d) Rate Filing: Rate Schedule No. 314--
Pseudo-Tie with WAPA and AEPCO to be effective 2/1/2023.
    Filed Date: 12/2/22.
    Accession Number: 20221202-5089.
    Comment Date: 5 p.m. ET 12/23/22.

    Docket Numbers: ER23-552-000.
    Applicants: Alabama Power Company, Georgia Power Company,
Mississippi Power Company.
    Description: Sec.  205(d) Rate Filing: Alabama Power Company
submits tariff filing per 35.13(a)(2)(iii: Putney Solar (Solar &
Battery) LGIA Filing to be effective 11/23/2022.
    Filed Date: 12/2/22.
    Accession Number: 20221202-5095.
    Comment Date: 5 p.m. ET 12/23/22.

    Docket Numbers: ER23-553-000.
    Applicants: Alabama Power Company, Georgia Power Company,
Mississippi Power Company.
    Description: Sec.  205(d) Rate Filing: Alabama Power Company
submits tariff filing per 35.13(a)(2)(iii: BS Solar (Solar & Battery)
LGIA Filing to be effective 11/23/2022.
    Filed Date: 12/2/22.
    Accession Number: 20221202-5097.
    Comment Date: 5 p.m. ET 12/23/22.

    Docket Numbers: ER23-554-000.
    Applicants: Alabama Power Company, Georgia Power Company,
Mississippi Power Company.
    Description: Tariff Amendment: Alabama Power Company submits tariff
filing per 35.15: Macon Parkway Solar Project LGIA Termination Filing
to be effective 12/2/2022.
    Filed Date: 12/2/22.
    Accession Number: 20221202-5098.
    Comment Date: 5 p.m. ET 12/23/22.

    Docket Numbers: ER23-555-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: ISA, SA No. 6710; Queue No.
AE2-027 to be effective 11/2/2022.
    Filed Date: 12/2/22.
    Accession Number: 20221202-5110.
    Comment Date: 5 p.m. ET 12/23/22.

    Docket Numbers: ER23-556-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: First Revised ISA, SA No.
3395; Queue No. AE1-134 to be effective 11/2/2022.
    Filed Date: 12/2/22.
    Accession Number: 20221202-5120.
    Comment Date: 5 p.m. ET 12/23/22.

     The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: December 2, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-26685 Filed 12-7-22; 8:45 am]
BILLING CODE 6717-01-P


study as well as an FQPA safety factor of 3X for various residential
risk assessments.
    Since the preliminary risk assessment was issued for public comment
in 2000, the Agency received two Developmental Neurotoxicity Test (DNT)
studies. The NOAEL/LOAEL for the two combined DNT studies is 1.0/7.5
mg/kg/day based on increased auditory startle amplitude in male
offspring in both studies. The NOAEL is much higher than the points of
departure used for regulation of dichlorvos: 0.05 mg/kg/day from a dog
study used to assess long-term effects, and 0.1 mg/kg/day from a human
study used for short- and intermediate-term scenarios. Now that the DNT
studies have been submitted, EPA believes it has reliable data showing
it is safe for infants and children to remove the additional safety
factor for all risk assessments other than the residential assessments.
This conclusion is based on:
    (1) The toxicity database is complete.
    (2) There are no residual concerns for pre- and/or postnatal
toxicity resulting from exposure to dichlorvos. There was no evidence
for increased susceptibility of the rat and rabbit offspring to
prenatal or postnatal exposure to dichlorvos. In both rat and rabbit
developmental studies, no developmental effects were observed. In the
reproduction study, the parental/systemic NOAEL/LOAEL was 2.3/8.3 mg/
kg/day which was identical to the reproductive/offspring NOAEL/LOAEL.
The DNT showed evidence of susceptibility in one parameter, auditory
startle amplitude. However, there are no residual concerns for
susceptibility from this because the affects in pups were seen at a
dose well above the points of departure upon which EPA is regulating
and a clear NOAEL for the effect (again, well above the points of
departure) was identified. In addition, using a Benchmark Dose Methods
(BMD) analysis of studies with pup and adult cholinesterase depression
results did not demonstrate any substantial numerical differences in
BMDL values for either RBC or brain cholinesterase between young and
adult animals.
    (3) Although the exposure estimate for DDVP in food is highly
refined as to some commodities, EPA is confident that its DDVP exposure
estimate from food, if anything overstates DDVP exposure, given the
many conservatisms retained in the exposure assessment and DDVP's
documented volatility and rapid degradation. Additionally, the very
conservative estimate on DDVP exposure through drinking water based on
the use of trichlorfon on turf and naled on brassica is likely to
significantly overstate DDVP exposure. Finally, EPA believes its
residential exposure estimates will also not underestimate exposure
given the conservative assumptions used in the

assessment and in EPA's residential exposure models and the data on
residential exposure.
    With respect to the Mehl study, NRDC has mischaracterized the
issue. Although the Mehl study raised an initial concern for potential
developmental neurotoxicity, this concern was resolved by the
subsequent DNT studies.
    EPA has retained a FQPA safety factor of 3X for various residential
risk assessments. This additional safety factor is due to these
assessments' reliance on a LOAEL rather than a NOAEL. EPA chose a
safety factor other than 10X based on its evaluation of the study in
question. EPA determined that a 3X safety factor would be more than
adequate to identify a NOAEL based upon the slight adverse effect
(marginal RBC cholinesterase inhibition in a human study) observed at
the LOAEL. The HSRB confirmed EPA's interpretation of this study in its
review of the scientific merit of the study. Specifically, the HSRB
concluded that ``because the decreased activity in RBC cholinesterase
activity observed in this study was at or near the limit of what could
be distinguished from baseline values, it was unlikely that a lower
dose would produce a measurable effect in RBC cholinesterase
activity.'' (Ref. 31 at 41).
    In choosing a safety factor in circumstances where the data does
not warrant a full 10X, EPA generally does not attempt to
mathematically derive a precise replacement safety factor because
regulatory agencies' traditional use of 10X safety factors (upon which
the FQPA safety factor was modeled) was based on rough estimates rather
than detailed calculations. Instead, where a 10X factor would clearly
overstate the uncertainty, EPA simply applies a factor valued at half
of 10X. In determining half of a 10X factor, EPA assumes that the
distribution of effects within the range of a safety factor is
distributed lognormally (which is generally the case for biological
effects), and reduction of a lognormal distribution by half is equal to
half a log (10.5) or approximately 3X. (Ref. 82). A
lognormal distribution is a distribution which if plotted based on the
logarithm of each of its values would yield a bell-shaped (normal)
distribution but if plotted according to actual values would be skewed
having a clumping of values along the vertical axis of the plot.
    Without in any way implying that there is anything improper with
agency decisionmakers making a FQPA safety factor determination, NRDC's
comments about who made the decision on the FQPA safety factor for DDVP
can be dismissed because NRDC is referring a prior decision on the FQPA
safety factor pre-dating the submission of the DNT.

E. Conclusion

    NRDC's petition to revoke all DDVP tolerances is denied. NRDC's
arguments have not convinced EPA that the DDVP tolerances are unsafe;
to the contrary, EPA finds that its risk assessments show that the DDVP
tolerances pose a reasonable certainty of no harm. EPA specifically
rejects NRDC's claims that (1) EPA has mischaracterized the hazard
posed by DDVP; (2) dietary and residential exposure to DDVP pose a risk
of concern; and (3) EPA failed to justify removal of the additional 10X
safety factor for the protection of infants and children.

VIII. Regulatory Assessment Requirements

    As indicated previously, this action announces the Agency's order
denying a petition filed, in part, under section 408(d) of FFDCA. As
such, this action is an adjudication and not a rule. The regulatory
assessment requirements imposed on rulemaking do not, therefore, apply
to this action.

IX. Submission to Congress and the Comptroller General

    The Congressional Review Act, (5 U.S.C. 801 et seq.), as added by
the Small Business Regulatory Enforcement Fairness Act of 1996, does
not apply because this action is not a rule for purposes of 5 U.S.C.
804(3).

X. References

    1. Petition of Natural Resources Defense Council To Conclude
Special Review, Reregistration and Tolerance Reassessment Processes and
To Revoke All Tolerances and Cancel All Registrations for the Pesticide
DDVP (June 2, 2006).
    2. U.S. EPA, A User's Guide to Available EPA Information on
Assessing Exposure to Pesticides in Food (June 21, 2000).
    3. U.S. EPA, Residue Chemistry Test Guidelines: OPPTS 860.1500 Crop
Field Trials (August 1996).
    4. Office of Pesticide Programs, U.S. EPA and Pest Regulatory
Management Agency, Health Canada, NAFTA Guidance Document for Guidance
for Setting Pesticide Tolerances Based on Field Trial Data (September
28, 2005).
    5. Office of Pesticide Programs, US EPA, Office of Pesticide
Programs' Policy on the Determination of the Appropriate FQPA Safety
Factor(s) For Use in the Tolerance Setting Process (February 28, 2002).
    6. Health Effects Division, Office of Pesticide Programs, U.S. EPA,
Transition to 1994-96/1998 CSFII and Modification of Age Groups of
Regulatory Interest (September 26, 2002).
    7. Novigen Sciences, Inc., Dietary Exposure Evaluation Model
(DEEMTM) and DEEMTM Decompositing Procedure and
Software (February 29 - March 3, 2000) (as presented to the FIFRA
Scientific Advisory Panel).
    8. Office of Pesticide Programs, U.S. EPA, Choosing a Percentile of
Acute Dietary Exposure as a Threshold of Regulatory Concern (March 16,
2000).
    9. Office of Pesticide Programs, U.S. EPA, The Use of Data on
Cholinesterase Inhibition for Risk Assessments of Organophosphorous and
Carbamate Pesticides (August 18, 2000).
    10. US EPA, Endocrine Disruptor Screening and Testing Advisory
Committee Final Report (August 1998).
    11. Office of Prevention, Pesticides and Toxic Substances, EPA,
Interim Reregistration Eligibility Decision for Dichlorvos (DDVP) (June
2006).
    12. Office of Prevention, Pesticides and Toxic Substances, EPA,
Memorandum from Debra Edwards to Jim Jones, Finalization of Interim
Reregistration Eligibility Decisions (IREDs) and Interim Tolerance
Reassessment and Risk Management Decisions (TREDs) for the
Organophosphate Pesticides, and Completion of the Tolerance
Reassessment and Reregistration Eligibility Process for the
Organophosphate Pesticides (July 31, 2006).
    13. NRDC, Letter submitting comments Re: Dichlorvos Interim
Reregistration Eligibility Decision, 71 FR 37568 (June 30, 2006)
(August 28, 2006).
    14. Amvac Chemical Corporation, Comments of Amvac Chemical
Corporation in Reponse to EPA's Notice of a Petition to Revoke
Tolerances Established for Dichlorvos (November 13, 2006).
    15. European Food Safety Agency, Opinion of the Scientific Panel on
Plant health, Plant protection products and their Residues on a request
from EFSA related to the evaluation of dichlorvos in the context of
Council Directive 91/414/EEC, EFSA Journal (2006) (v. 343, pp. 1-45).
    16. Office of Pesticide Programs, U.S. EPA, Memorandum from Judith
W. Hauswirth to George LaRocca, Peer Review of Dichlorvos (September
25, 1987).
    17. Office of Pesticide Programs, U.S. EPA, Memorandum from Judith
W. Hauswirth to George LaRocca, Second

Peer Review of Dichlorvos -- evalution Following the September 23, 1987
Scientific Advisory Panel Review (March 16, 1988).
    18. Office of Pesticide Programs, U.S. EPA, Memorandum from Judith
W. Hauswirth to George LaRocca, Third Peer Review of Dichlorvos --
Reevalution Following the April 18, 1988 Meeting of the NTP Panel of
Experts (August 17, 1988).
    19. Office of Pesticide Programs, U.S. EPA, Memorandum from George
Z. Ghali to George LaRocca, Fourth Peer Review of Dichlorvos (DDVP)
(September 18, 1989).
    20. Office of Pesticide Programs, U.S. EPA, Memorandum from Jocelyn
E. Stewart and William Burnam to Dennis Utterback, Fifth
Carcinogenicity Peer Review of Dichlorvos (August 28, 1996).
    21. Health Effects Division, Office of Pesticide Programs, U.S.
EPA, Dichlorvos (DDVP): Risk Assessment Issues for the FIFRA Science
Advisory Panel (July 8, 1998).
    22. Cancer Assessment Review Committee, Health Effects Division,
Office of Pesticide Programs, Cancer Assessment Document: Evaluation of
the Carcinogenic Potential of Dichlorvos (DDVP) (Sixth Review) (March
1, 2000).
    23. An Evaluation of the Potential Carcinogenicity of Dichlorvos:
Final Report of the Expert Panel(July 27, 1998).
    24. FIFRA Scientific Advisory Panel, Final Report -- Meeting of
July 30, 1998 (September 2, 1998).
    25. Office of Pesticide Programs, U.S. EPA, Email Communication
from William Burnam to Karl Baetcke, Phone Call with Dr. Boorman re
DDVP and MCL.... please comment on this draft (May 14, 1999).
    26. Office of Pesticides and Toxic Substances, U.S. EPA, Memorandum
from Jerome Blondell to Flora Chow, Write-up for Human Carcinogenicity
Data section of Crave review of Dichlorvos. HED Project no. INTRA --
0223 (December 3, 1991).
    27. Office of Pesticide Programs, U.S. EPA, Office of Pesticide
Programs' Policy on the Determination of theAppropriate FQPA Safety
Factor(s) For Use in the Tolerance Setting Process: Response to
Comments (February 28, 2002).
    28. Dourson, M., Felter, S., and Robinson, D., Evolution of
Science-based Uncertainty Factors in Noncancer Risk Assessment, 24
Regulatory Toxicology and Pharmacology 108 (1996).
    29. Kent, R., Office of Pesticide Programs, U.S. EPA, Dichlorvos:
WOE Comparison of Human and Animal Studies for Single Chemical
Assessment and OP Cumulative Assessment (April 5, 2006).
    30. EPA Human Studies Review Board, Minutes of the United States
Environmental Protection Agency (EPA) Human Studies Review Board (HSRB)
April 4-6, 2006 Public Meeting (May 15, 2006).
    31. EPA Human Studies Review Board, Letter Report from Celia Fisher
to George Gray, Subject: April 4-6, 2006 Meeting EPA Human Studies
Review Board Report (June 26, 2006).
    32. Office of Prevention, Pesticides and Toxic Substances, U. S.
EPA, Memorandum from William Dykstra to Eric Olson, Review of
Developmental Neurotoxicity Studies (February 8, 2005).
    33. Office of Prevention, Pesticides and Toxic Substances, U. S.
EPA, Memorandum from Jocelyn Stewart to Christina Schletema, Review of
Toxicity Studies on Dichlorvos Using Human Volunteers(March 24, 1998)
(MRIDs 44317901, 4416201, 44248801, 44248802).
    34. Office of Prevention, Pesticides and Toxic Substances, U. S.
EPA, Health Effects Test Guidelines: OPPTS 870.4100 Chronic Toxicity
(August 1998).
    35. Office of Pesticides and Toxic Substances, U.S. EPA, Memorandum
from Kerry L. Dearfield to Judith Hauswirth, Review of in vivo
mutagenicity studies concerning Dichlorvos (August 10, 1988).
    36. An Evaluation of the Potential Genotoxicity of Dichlorvos:
Final Report of the Expert Panel (July 22, 1998).
    37. Office of the Administrator [sic], U.S. EPA, Memorandum from
Irving Mauer to Susan Hummel and Robert McNally/Pamela Noyes,
Dichlorvos (2,2-dichlorovinyl dimethyl phosphate; DDVP) -- Appraisal of
Mutagenicity Potential, Presented by the Blue Ribbon Panel in: An
Evaluation of the Potential Genotoxicity of Dichlorvos: Final Report of
the the Expert Panel (April 6, 1999).
    38. A. Okamura et. al, A Comprehensive Evaluation of the Testicular
Toxicity of Dichlorvos in Wistar Rats, Toxicology 213, 129-137 (2005).
    39. Office of Prevention, Pesticides and Toxic Substances, EPA,
Health Effects Test Guidelines: OPPTS 870.7600 Dermal Penetration
(August 1998).
    40. Office of Prevention, Pesticides and Toxic Substances, U. S.
EPA, Reregistration Eligibility Decision (RED) for Malathion (July
2006).
    41. Office of Prevention, Pesticides and Toxic Substances, U. S.
EPA, Reregistration Eligibility Decision for Acephate (September 2001).
    42. Cheng, T. (1989) Metabolism of (Carbon 14)-DDVP in Rats:
Project ID HLA 6274-105. Unpublished study prepared by Hazleton
Laboratories America, Inc. 322 p.
    43. Cheng, T. (1991) Supplement to: Metabolism of carbon 14-DDVP in
Rats (Preliminary and Definitive Phases) (...): Lab Project Number: HLA
6274-105-1. Unpublished study prepared by Hazleton Laboratories
America, Inc. 89 p.
    44. Jeffcoat, A. (1990) Dermal Absorption of Dichlorvos in Rats:
Lab Project Number: 4615. Unpublished study prepared by Research
Triangle Institute. 196 p.
    45. Wester RC and HI Maibach, (1993), Animal Models for
Percutaneous Absorption in Dermatology: Clinical and Basic Science ed
HI Maibach. CRC Press, Boca Raton p 89-101.
    46. Office of Prevention, Pesticides and Toxic Substances, U. S.
EPA, Memorandum from Dennis McNeilly to Brigid Lowery, DDVP
(dichlorvos); Poultry Dermal Metabolism Study (December 17, 1993).
    47. Office of Pesticides and Toxic Substances, U. S. EPA,
Memorandum from Paul Chin to Jane Talarico, EPA ID  6274-105:
DDVP -- Review of Metabolism of DDVP in Rats (October 19, 1990).
    48. Office of Prevention, Pesticides and Toxic Substances, U. S.
EPA, Memorandum from Dennis McNeilly to Brigid Lowery, DDVP
(dichlorvos); Goat Metabolism Study Following Dermal Application for 3
Consecutive Days (July 21, 1993).
    49. Office of Pesticides and Toxic Substances, U. S. EPA,
Memorandum from Paul Chin to Larry Schnaubelt/Brigid Lowery, EPA ID
 084001: DDVP -- Review of Metabolism of DDVP in Rats (March
25, 1992).
    50. Office of Prevention, Pesticides and Toxic Substances, U. S.
EPA, Memorandum from Susan Hummel to Dennis Utterback and Christina
Scheltema, Dichlorvos (084001) Product and Residue Chemistry Chapters
for the Reregistration Eligibility Document (April 27, 1998).
    51. Office of Pesticides and Toxic Substances, U.S. EPA, Memorandum
to Amy Rispin and William Miller, Registration Standard for Naled (June
8, 1983).
    52. Hunter, C.; Brown, V. (1969) Studies on the Skin Irritant
Effects Observed with Shellgard Dogbands: Technical Service Report
TLTR.0002.69. Interim rept. (Unpublished study received Jul 14, 1969
under 201-215; prepared by Shell Research, Ltd., Eng., submitted by
Shell Chemical Co., Washington, DC; CDL:000935-B).

    53. Rosenfeld, G. (1984) Guinea Pig Sensitization Study (Buehler):
Study #1097F. Unpublished study prepared by Cosmopolitan Safety
Evaluation, Inc. 17 p.
    54. Shapiro, R. (1993) EPA Guinea Pig Sensitization Test (Buehler):
Prentox Fish Management Bait--Formula 1: Lab Project Number: T--2525:
P328: E30628-2. Unpublished study prepared by Product Safety Labs. 26
p.
    55. Rosenfeld, G. (1984) Guinea Pig Sensitization Study (Buehler):
Study #1110F. Unpublished study prepared by Cosmopolitan Safety
Evaluation, Inc. 18 p.
    56. Office of Prevention, Pesticides and Toxic Substances, U. S.
EPA, Memorandum from Thurston G. Morton to Susan Bartow, Dichlorvos
Acute, Probabilistic and Chronic Aggregate Dietary (Food and Drinking
Water) Exposure and Risk Assessments for the Reregistration Eligibility
Decision (November 8, 2007).
    57. http://www.epa.gov/oppefed1/models/water/
    58. Office of Prevention, Pesticides and Toxic Substances, U.S.

EPA, Memorandum from Ibrahim Abdel-Saheb to Eric Olson and Susan
Hummel, Revised Drinking Water Assessment for DDVP (PC Code 084001),
from Naled (PC Code 034401), and from Trichlorfon (PC Code 057901); DP
Barcode: D288834 (March 16, 2003).
    59. Office of Prevention, Pesticides and Toxic Substances, U. S.
EPA, Memorandum from Jenna Carter to Susan Bartow, Usage Report in
Support of Reregistration for Trichlorfon (November 15, 2007).
    60. Office of Prevention, Pesticides and Toxic Substances, U. S.
EPA, Memorandum from Jenna Carter to Susan Hummel, Refined Non-
agricultural Usage Report in Support of Refined Risk Assessment and
Risk Management for Naled (November 16, 2007).
    61. EPA/USDA, Revised Food Commodity Intake Databse (FCID) dated 3/
8/04.
    62. Office of Prevention, Pesticides and Toxic Substances, U. S.
EPA, Memorandum from Susan V. Hummel to Kimberly Lowe, Dichlorvos
(084001). Refined Anticipated Residues and Acute and Chronic Dietary
exposure and Risk Analyses for Residues of Dichlorvos resulting from
use of Dichlorvos, Trichlorfon and Naled (June 7, 2000).
    63. Office of Prevention, Pesticides and Toxic Substances, U. S.
EPA, Memorandum from Cynthia Doucore to Susan Bartow, BEAD's Commercial
Sources for Usage Information: Doane (dmrkynetec) and Kline and
Company, Inc. (November 15, 2007).
    64. Office of Prevention, Pesticides and Toxic Substances, U. S.
EPA, Memorandum from Don Atwood to Eric Olson, Dichlovor (DDVP) Usage
on Dairy Cattle, Beef Cattle, Swine, and Poultry (Animals and
Facilities) (November 15, 2007).
    65. EPA, Process for Reviewing Tolerance Decisions Based on the Use
of Anticipated or Actual Residue Data (available at http://www.epa.gov/pesticides/regulating/anticipated_residue/process_review.htm
).

    66. Office of Prevention, Pesticides and Toxic Substances, U. S.
EPA, Memorandum from Thurston G. Morton to Kylie Rothwell/Betty
Shackleford, Trichlorfon; Chemical No. 057901. HED's Revised
Preliminary Human Health Risk Assessment for Trichlorfon, Case # 0104
(April 18, 2000).
    67. S. Hummel. Summary of USDA-FSIS Monitoring Data for Chlorinated
Organophosphates from 1993 through 1997: carbophenothion (Trithion,
058102), chlorpyrifos (059101), chlorfenvinphos (084101), coumaphos
(036501), coumaphos oxon, dichlorvos (DDVP, 084001), ethion (058401),
phosalone (097701), ronnel (058301), tetrachlorvinphos (Gardona, or
stirophos, 083701), trichlorfon (057901) (6/2/1998).
    68. All PDP reports are available at http://www.ams.usda.gov/science/pdp
.

    69. Office of Pesticide Programs, U.S. EPA, Assigning Values To
Nondetected/Non-Quantified Pesticide Residues In Human Health Food
Exposure Assessments (March 23, 2000).
    70. Office of Pesticides and Toxic Substances, U. S. EPA,
Memorandum from Debra Edwards to William H. Miller, Chevron Chemical
Co. Followup to the Naled Registration Standard -- Residue Data for Fly
and Mosquito Label Uses (April 5, 1988).
    71. Office of Pesticides and Toxic Substances, U. S. EPA,
Memorandum from Francis B. Suhre to Anita Schmidt, NALED/TRICHLORFON:
Potential for metabolism/conversion of naled and trichlorfon to DDVP;
No MRID No., RCB No. 3728, 3729, and 3730 (April 28, 1988).
    72. Office of Pesticides and Toxic Substances, U. S. EPA,
Memorandum from Jenna Carter to Susan Hummel, Refined Non-Agricultural
Usage Report in Support of the Revised Risk Assessment and Risk
Management for Naled (034401) (November 16, 2007).
    73. OPPTS Harmonized Test Guidelines, Series 860, Guideline
860.1300 Nature of the Residue -- Plants, Livestock (August 1996).
    74. Office of Prevention, Pesticides and Toxic Substances, U. S.
EPA, Memorandum from Susan V. Hummel and Dennis McNeilly to Bridgid
Lowery, Dichlorvos (DDVP; 084001): Reregistration Case No. 0310
Magnitude of the residue/decline of dichlorvos residues in/on
nonperishable raw agricultural commodities and processed commodities,
bulk stored commodities; mushroom storage interval data (June 2, 1994).
    75. Center for Food Safety and Nutrition, U.S. Food and Drug
Administration, Total Diet Study (last updated March 2007) (available
at http://www.cfsan.fda.gov/comm/tds-toc.html).

    76. Office of Prevention, Pesticides and Toxic Substances, U. S.
EPA, Memorandum from Susan V. Hummel and Dennis McNeilly to Bridgid
Lowery Dichlorvos (084001) Reregistration Case No. 0310 Processing
studies on field corn, wheat, rice, cottonseed and soybeans. [MRID
42993501, CB No. 13296; DP Barcode D199979] (July 18, 1994).
    77. U.S. EPA, Interim Report:Dermal Exposure Assessment: Principles
and Applications (January 1992). EPA/600/8-91/011B.
    78. Office of Prevention, Pesticides and Toxic Substances, U. S.
EPA, Memorandum from Ray Kent to Robert McNally, Dichlorvos (PC
084001). Additional characterization of inhalation risk posed by use of
dichlorvos-containing resin strips. DP332823. (November 16, 2007).
    79. Office of Prevention, Pesticides and Toxic Substances, U. S.
EPA, Letter from George LaRocca to Jon C. Wood, Application to Amend
Dichlorvos Labeling (November 15, 2007).
    80. Office of Prevention, Pesticides and Toxic Substances, U. S.
EPA, Memorandum from David Jaquith to Kimberly Lowe, Examination of
Recent Submissions from Amvac regarding Dichlorvos (DDVP) and Rationale
for Not Including Them in the Exposure/Risk Assessment (May 27, 1999).
    81. Office of Prevention, Pesticides and Toxic Substances, U. S.
EPA, Memorandum from Deborah Smegal to Mark Hartman, Update: Exposure
Assessment for Chlorpyrifos Post-Construction Termiticide Use DP
Barcode D266827, Case 818975, PC Code 059101) (June 20, 2000).
    82. Environmental Criteria and Assessment Office, Office of Health
and Environmental Assessment, Office of Research and Development, U.S.
EPA, Methods for Derivation of Inhalation Reference Concentrations and
Application of Inhalation Dosimetry. EPA/600/8-90/066F. Environmental
Criteria and Assessment Office, Office of Health and Environmental
Assessment, (October 1994).

List of Subjects

    Environmental protection, pesticides and pest.

    Dated: November 16, 2007
Debra Edwards,
Director, Office of Pesticide Programs.

[FR Doc. E7-23571 Filed 12-4-07; 8:45 a.m.]

BILLING CODE 6560-50-S


[Federal Register Volume 84, Number 117 (Tuesday, June 18, 2019)]
[Notices]
[Pages 28374-28375]
[FR Doc No: 2019-12779]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 33505; File No. 812-15000]

Vertical Capital Income Fund and Oakline Advisors, LLC

June 12, 2019.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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    Notice of an application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from section 19(b) of
the Act and rule 19b-

1 under the Act to permit a registered closed-end investment company to
make periodic distributions of long-term capital gains more frequently
than permitted by section 19(b) or rule 19b-1.

Applicants: Vertical Capital Income Fund (the ``Fund''), a diversified
closed-end investment company registered under the Act and organized as
a statutory trust under the laws of Delaware, and Oakline Advisors, LLC
(``Oakline'') (together with the Fund, the ``Applicants''), registered
under the Investment Advisers Act of 1940, organized as a limited
liability company under the laws of Delaware, and serving as investment
adviser to the Fund.\1\
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    \1\ Applicants request that the order also apply to each other
registered closed-end investment company advised or to be advised in
the future by Oakline or by an entity controlling, controlled by, or
under common control (within the meaning of section 2(a)(9) of the
Act) with Oakline (including any successor in interest) (each such
entity, including Oakline, an ``Adviser'') that in the future seeks
to rely on the order (such investment companies, together with the
Fund, are collectively the ``Funds'' and, individually, a ``Fund'').
A successor in interest is limited to entities that result from a
reorganization into another jurisdiction or a change in the type of
business organization.

Filing Dates: The application was filed on February 5, 2019, and
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amended on May 28, 2019.

Hearing or Notification of Hearing: An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on July 8, 2019, and should be accompanied by proof of service on
applicants, in the form of an affidavit or, for lawyers, a certificate
of service. Pursuant to Rule 0-5 under the Act, hearing requests should
state the nature of the writer's interest, any facts bearing upon the
desirability of a hearing on the matter, the reason for the request,
and the issues contested. Persons who wish to be notified of a hearing
may request notification by writing to the Commission's Secretary.

ADDRESSES: The Commission: Secretary, U.S. Securities and Exchange
Commission, 100 F Street NE, Washington, DC 20549-1090. Applicants: c/o
JoAnn Strasser, Thompson Hine LLP, 41 S. High St., 17th Floor,
Columbus, OH 43215, and Stanton Eigenbrodt, Executive Vice President,
Chief Legal Officer, Chief Compliance Officer and Secretary, Oakline
Advisors, LLC, 14675 Dallas Parkway, Suite 600, Dallas, TX 75254.

FOR FURTHER INFORMATION CONTACT: Laura L. Solomon, Senior Counsel at
(202) 551-6915, or Kaitlin C. Bottock, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's website by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm, or by calling<PHONE_NUMBER>.

Summary of the Application

    1. Section 19(b) of the Act generally makes it unlawful for any
registered investment company to make long-term capital gains
distributions more than once every twelve months. Rule 19b-1 under the
Act limits to one the number of capital gain dividends, as defined in
section 852(b)(3)(C) of the Internal Revenue Code of 1986 (``Code,''
and such dividends, ``distributions''), that a registered investment
company may make with respect to any one taxable year, plus a
supplemental distribution made pursuant to section 855 of the Code not
exceeding 10% of the total amount distributed for the year, plus one
additional capital gain dividend made in whole or in part to avoid the
excise tax under section 4982 of the Code.
    2. Applicants believe that investors in certain closed-end funds
may prefer an investment vehicle that provides regular current income
through a fixed distribution policy (``Distribution Policy'').
Applicants propose that the Fund be permitted to adopt a Distribution
Policy, pursuant to which the Fund would distribute periodically to its
stockholders a fixed percentage of the market price of the Fund's
common stock at a particular point in time or a fixed percentage of net
asset value (``NAV'') at a particular time or a fixed amount per share
of common stock, any of which may be adjusted from time to time.
    3. Applicants request an order under section 6(c) of the Act
granting an exemption from section 19(b) of the Act and rule 19b-1 to
permit a Fund to distribute periodic capital gain dividends (as defined
in section 852(b)(3)(C) of the Code) as frequently as twelve times in
any one taxable year in respect of its common stock and as often as
specified by, or determined in accordance with the terms of, any
preferred stock issued by the Fund. Section 6(c) of the Act provides,
in relevant part, that the Commission may exempt any person or
transaction from any provision of the Act to the extent that such
exemption is necessary or appropriate in the public interest and
consistent with the protection of investors and the purposes fairly
intended by the policy and provisions of the Act.
    4. Applicants state that any order granting the requested relief
will be subject to the terms and conditions stated in the application,
which generally are designed to address the concerns underlying section
19(b) and rule 19b-1, including concerns about proper disclosures and
shareholders' understanding of the source(s) of a Fund's distributions
and concerns about improper sales practices. Among other things, such
terms and conditions require that (1) the board of directors or
trustees of the Fund (the ``Board'') review such information as is
reasonably necessary to make an informed determination of whether to
adopt the proposed Distribution Policy and that the Board periodically
review the amount of the distributions in light of the investment
experience of the Fund, and (2) that the Fund's shareholders receive
appropriate disclosures concerning the distributions.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-12779 Filed 6-17-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 75, Number 225 (Tuesday, November 23, 2010)]
[Rules and Regulations]
[Pages 71355-71356]
[FR Doc No: 2010-29412]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1983

[Docket No. OSHA-2010-0006]
RIN 1218-AC47

Collection of Information Requirement Related to Procedures for
the Handling of Retaliation Complaints Under Section 219 of the
Consumer Product Safety Improvement Act of 2008

AGENCY: Occupational Safety and Health Administration (OSHA);
Department of Labor.

ACTION: Clarification.

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SUMMARY: OSHA is informing the public of a collection of information
requirement contained in the Procedures for the Handling of Retaliation
Complaints Under Section 219 of the Consumer Product Safety Improvement
Act of 2008 interim final rule, published August 31, 2010. This
clarification notice informs the public about the means by which to
comment on this collection of information requirement prior to OSHA's
submission of an information collection request (ICR) extension to the
Office of Management and Budget (OMB) for approval under the Paperwork
Reduction Act of 1995.

DATES: Comments on the collection of information requirement in this
interim final rule must be submitted (postmarked, sent, or received) to
the ICR docket, Docket No. OSHA-2010-0049, by December 27, 2010.

FOR FURTHER INFORMATION CONTACT: Nilgun Tolek, Director, Office of the
Whistleblower Protection Program, Occupational Safety and Health
Administration, U.S. Department of Labor, Room N-3610, 200 Constitution
Avenue, NW., Washington, DC 20210; telephone:<PHONE_NUMBER>. This is
not a toll-free number. The alternative formats available are large
print, electronic file on computer disk (Word Perfect, ASCII, Mates
with Duxbury Braille System) and audiotape.

SUPPLEMENTARY INFORMATION: On August 31, 2010, OSHA published notice of
an interim final rule containing procedures for the handling of
retaliation complaints under the employee protection provision of the
Consumer Product Safety Improvement Act of 2008 (CPSIA) (75 FR 53533).
    In the August 31, 2010 notice, OSHA indicated that the interim
final rule did not contain collection of information requirements
subject to review by OMB under the provisions of the Paperwork
Reduction Act of 1995 (Pub. L. 104-13) (PRA). (75 FR at 53538.)
However, upon reconsideration, OSHA has determined that there is a
collection of information requirement associated with the initiation of
CPSIA whistleblower complaints.
    OSHA currently has OMB approval for collection of information
requirements related to the handling of retaliation complaints filed
under various whistleblower protection statutes in the ``Regulations
Containing Procedures for Handling of Retaliation Complaints'' ICR, OMB
Control Number 1218-0236. OSHA is currently requesting that OMB extend
approval of

this ICR and has included in its extension request the collection of
information requirement contained in the CPSIA whistleblower
procedures. As a result of including the collection of information
requirement contained in the CPSIA whistleblower procedures in this
ICR, the burden hours in the ICR will increase by 4.
    The Federal Register notice soliciting public comment on the
extension of the ``Regulations Containing Procedures for Handling of
Retaliation Complaints'' ICR is in Docket No. OSHA-2010-0049. Comments
on the requested extension of this ICR may be submitted to Docket No.
OSHA-2010-0049 electronically at http://www.regulations.gov, the
Federal eRulemaking Portal, or by facsimile, mail, hand delivery,
express mail, messenger or courier service to the OSHA Docket office,
as indicated in the related Federal Register notice.

List of Subjects in 29 CFR Part 1983

    Administrative practice and procedure, Employment, Consumer
protection, Investigations, Reporting and recordkeeping requirements,
Whistleblower.

Authority and Signature

    U.S. Department of Labor, 200 Constitution Avenue, NW., Washington,
DC 20210, under the following authorities: 15 U.S.C. 2087, Secretary of
Labor's Order 4-2010, 75 FR 55355 (Sept. 10, 2010).

    Signed in Washington, DC, on November 17, 2010.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2010-29412 Filed 11-22-10; 8:45 am]
BILLING CODE 4510-26-P