[Federal Register Volume 77, Number 137 (Tuesday, July 17, 2012)]
[Rules and Regulations]
[Pages 41891-41895]
[FR Doc No: 2012-16637]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0677; Directorate Identifier 2012-NM-105-AD;
Amendment 39-17114; AD 2012-13-12]
RIN 2120-AA64

Airworthiness Directives; Gulfstream Aerospace Corporation
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Gulfstream Aerospace Corporation Model G-IV, GIV-X, GV, and GV-SP
airplanes. This AD requires measuring to determine paint thickness on
the flight control surfaces and corrective actions if necessary, and
revising the Airplane Flight Manual (AFM). This AD was prompted by
reports of failure to inspect or document the paint thickness on flight
controls (ailerons, rudder, elevator), potentially having a negative
impact on the flutter characteristics of the airplane. We are issuing
this AD to detect and correct paint thickness on flight controls, which
could result in loss of control of the airplane due to flutter.

DATES: This AD is effective August 1, 2012.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of August 1,
2012.
    We must receive comments on this AD by August 31, 2012.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Gulfstream
Aerospace Corporation, Technical Publications

Dept., P.O. Box 2206, Savannah, GA 31402-2206; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>Internet http://www.gulfstream.com/product_support/technical_pubs/pubs/index.htm. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call 425-
227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Michael Cann, Senior Aerospace
Engineer, Airframe Branch, ACE-117A, FAA, Atlanta Aircraft
Certification Office, 1701 Columbia Avenue, College Park, GA 30337;
phone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We received reports of failure to inspect or document the paint
thickness on flight controls (ailerons, rudder, elevator), potentially
having a negative impact on the flutter characteristics of the
airplane. Excessive paint thickness will affect the balance moment of
the flight control surface. This condition, if not corrected, could
result in loss of control of the airplane due to flutter.

Relevant Service Information

    We reviewed the following service information, which describes
procedures for measuring the paint thickness on both sides of each
flight control surface (ailerons, rudder, and elevator) and corrective
actions if necessary. The customer bulletins also describe procedures
for revising the AFM to advise the flightcrew to not exceed a certain
altitude until corrective actions have been accomplished. Corrective
actions include removing the flight control surface and rebalancing,
stripping, repainting with an average thickness less than 5.0 mils, and
sanding/buffing down to 5.0 mils or less and re-measuring thicknesses
(not recommended on surfaces with averages exceeding 7.0 mils).
     For Model G-IV airplanes: Gulfstream IV Customer Bulletin
223, including Part I and Part II Service Reply Cards, dated March 23,
2012, which includes Gulfstream GIV Airplane Flight Manual Supplement
GIV-2012-01, dated March 13, 2012.
     For Model GV airplanes: Gulfstream V Customer Bulletin
196, including Part I and Part II Service Reply Cards, dated March 23,
2012, which includes Gulfstream GV Airplane Flight Manual Supplement
GV-2012-01, dated March 13, 2012.
     For Model GIV-X airplanes: Gulfstream G450 Customer
Bulletin 140, including Part I and Part II Service Reply Cards, dated
March 23, 2012, which includes Gulfstream G450/G350 Airplane Flight
Manual Supplement G450-2012-01, dated March 13, 2012.
     For Model GV-SP airplanes: Gulfstream G550 Customer
Bulletin 121, including Part I and Part II Service Reply Cards, dated
March 23, 2012, which includes Gulfstream G550 Airplane Flight Manual
Supplement G550-2012-01, dated March 13, 2012; and Gulfstream G550 EASA
Airplane Flight Manual Supplement EASA-G550-2012-01, dated March 14,
2012.

FAA's Determination

    We are issuing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of these same type
designs.

AD Requirements

    This AD requires accomplishing the actions specified in the service
information described previously, except as discussed under
``Differences Between the AD and the Service Information.'' This AD
also requires sending the measurement and corrective action results to
Gulfstream Aerospace Corporation.

Differences Between the AD and the Service Information

    The customer bulletins specified in paragraph (g) of this AD
incorporate the airplane flight manual supplement (AFMS) as an on-
condition action. This AD requires operators to incorporate the AFMS
within 20 days after the effective date of this AD. We have determined
that this action is necessary to address the identified unsafe
condition.
    Although the customer bulletins specified in paragraph (g) of this
AD specify that operators may contact the manufacturer for disposition
of certain repair conditions, this AD requires operators to repair
those conditions in accordance with a method approved by the FAA.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule, because we
received reports of failure to inspect or document the paint thickness
on flight controls (ailerons, rudder, elevator), potentially having a
negative impact on the flutter characteristics of the airplane.
Excessive paint thickness will affect the balance moment of the flight
control surface. This condition, if not corrected, could result in loss
of control of the airplane due to flutter. Therefore, we find that
notice and opportunity for prior public comment are impracticable and
that good cause exists for making this amendment effective in less than
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, we invite you to send any written data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include the docket number FAA-2012-0677 and
Directorate Identifier 2012-NM-105-AD at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this AD. We will
consider all comments received by the closing date and may amend this
AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Costs of Compliance

    We estimate that this AD affects 33 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per    Cost on U.S.
                  Action                            Labor cost           Parts cost    product       operators
----------------------------------------------------------------------------------------------------------------
Measurement..............................  5 work-hours x $85 per hour           $0         $425         $14,025
                                            = $425.
Airplane flight manual revision..........  1 work-hour x $85 per hour             0           85           2,805
                                            = $85.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
a cost estimate for the on-condition actions specified in this AD.
    According to the manufacturer, the costs of this AD may be covered
under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation Programs''
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2012-13-12 Gulfstream Aerospace Corporation: Amendment 39-17114;
Docket No. FAA-2012-0677; Directorate Identifier 2012-NM-105-AD.

(a) Effective Date

    This AD is effective August 1, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes identified in paragraphs (c)(1)
through (c)(4) of this AD, certificated in any category.
    (1) Gulfstream Aerospace Corporation Model G-IV airplanes,
serial numbers 1265, 1286, 1298, 1301, 1347, 1372, 1378, 1380, 1423,
1458, and 1497.
    (2) Gulfstream Aerospace Corporation Model GIV-X airplanes,
serial numbers 4064, 4151, 4192, 4194, 4199, and 4214.
    (3) Gulfstream Aerospace Corporation Model GV airplanes, serial
numbers 612, 630, and 691.
    (4) Gulfstream Aerospace Corporation Model GV-SP airplanes,
serial numbers 5038, 5079, 5223, 5227, 5237, 5240, 5245, 5246, 5252,
5258, 5261, 5265, 5267, 5283, 5290, 5293, 5294, 5302, 5307, 5311,
5318, and 5320.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 27, Flight controls.

(e) Unsafe Condition

    This AD was prompted by reports of failure to inspect or
document the paint thickness on flight controls (ailerons, rudder,
elevator), potentially having a negative impact on the flutter
characteristics of the airplane. We are issuing this AD to detect
and correct paint thickness on flight controls, which could result
in loss of control of the airplane due to flutter.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Airplane Flight Manual Revision

    Within 20 days after the effective date of this AD, revise the
airplane flight manual (AFM) by incorporating the applicable
airplane flight manual supplement (AFMS) specified in paragraphs
(g)(1), (g)(2), (g)(3), and (g)(4) of this AD. After accomplishing
the actions in paragraph (h) of this AD, and all applicable
corrective actions required by paragraph (i) of this AD, the AFMS
specified in paragraph (g) of this AD may be removed from the AFM.
    (1) For Model G-IV airplanes: Gulfstream IV Customer Bulletin
223, including Part I and Part II Service Reply Cards, dated March
23, 2012, which includes Gulfstream GIV Airplane Flight Manual
Supplement GIV-2012-01, dated March 13, 2012.
    (2) For Model GV airplanes: Gulfstream V Customer Bulletin 196,
including Part I and Part II Service Reply Cards, dated March 23,
2012, which includes Gulfstream GV Airplane Flight Manual Supplement
GV-2012-01, dated March 13, 2012.
    (3) For Model GIV-X airplanes: Gulfstream G450 Customer Bulletin
140, including Part I and Part II Service Reply Cards, dated March
23, 2012, which includes Gulfstream G450/G350 Airplane Flight Manual
Supplement G450-2012-01, dated March 13, 2012.
    (4) For Model GV-SP airplanes: Gulfstream G550 Customer Bulletin
121, including Part I and Part II Service Reply Cards, dated March
23, 2012, which includes Gulfstream G550 Airplane Flight Manual
Supplement G550-2012-01, dated March 13, 2012; and Gulfstream G550
EASA Airplane Flight Manual Supplement EASA-G550-2012-01, dated
March 14, 2012.

(h) Measurement

    At the applicable compliance time specified in paragraph (h)(1)
or (h)(2) of this AD, measure the paint thickness on both sides of
the flight control surfaces, in accordance with the Accomplishment
Instructions of the applicable customer bulletin identified in
paragraph (g) of this AD. If average paint thickness is equal to or
less than 5.0 mils; or if average paint thickness is greater than
5.0 mils, but equal to or less than the serial number specific
allowances provided in table 4 of the

applicable customer bulletin identified in paragraph (g) of this AD:
The AFMS specified in paragraph (g) of this AD may be removed from
the AFM.
    (1) For Model GIV-X, GV, and GV-SP airplanes: Within 90 days
after the effective date of this AD.
    (2) For Model G-IV airplanes: Within 180 days after the
effective date of this AD.

(i) Corrective Actions

    (1) If, during the measurement required by paragraph (h) of this
AD, the average paint thickness is greater than the serial number
specific allowances provided in table 4 of the applicable customer
bulletin specified in paragraph (g) of this AD, and is equal to or
greater than 13.0 mils: Before further flight, repair, in accordance
with a method approved by the Manager, Atlanta Aircraft
Certification Office (ACO), FAA. For a repair method to be approved
by the Manager, Atlanta ACO, as required by this paragraph, the
Manager's approval letter must specifically refer to this AD.
    (2) If, during the measurement required by paragraph (h) of this
AD, the average paint thickness is greater than the serial number
specific allowances provided in table 4 of the applicable customer
bulletin specified in paragraph (g) of this AD, but is less than 13
mils: Within 12 months after the effective date of this AD, do all
applicable corrective actions, in accordance with the applicable
customer bulletin specified in paragraph (g) of this AD, except as
required by paragraph (j) of this AD. After accomplishing the
applicable corrective actions, the AFMS specified in paragraph (g)
of this AD may be removed from the AFM.

(j) Exception

    Where the customer bulletins identified in paragraph (g) of this
AD specify to contact Gulfstream Aerospace Corporation for
corrective actions, this AD requires doing corrective actions before
further flight, in accordance with a method approved by the Manager,
Atlanta ACO. For a repair method to be approved by the Manager,
Atlanta ACO, as required by this paragraph, the Manager's approval
letter must specifically refer to this AD.

(k) Reporting

    (1) Submit a report of the measurements required by paragraph
(h) of this AD, including the dimensions obtained from tables 1, 2,
and 3, of the applicable customer bulletin specified in paragraph
(g) of this AD. Submit the report using the Part I Service Reply
Card in the applicable customer bulletin identified in paragraph (g)
of this AD, to Gulfstream Aerospace Corporation, at the applicable
time specified in paragraph (k)(1)(i) or (k)(1)(ii) of this AD.
Under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), the Office of Management and Budget (OMB) has approved the
information collection requirements contained in this AD and has
assigned OMB Control Number 2120 0056.
    (i) If the measurement was done on or after the effective date
of this AD: Submit the report within 30 days after the measurement.
    (ii) If the measurement was done before the effective date of
this AD: Submit the report within 30 days after the effective date
of this AD.
    (2) Submit a report of compliance with the corrective actions
required by paragraph (i) of this AD, using the Part II Service
Reply Card in the applicable customer bulletin identified in
paragraph (g) of this AD, to Gulfstream Aerospace Corporation, at
the applicable time specified in paragraph (k)(2)(i) or (k)(2)(ii)
of this AD.
    (i) If the corrective action was done on or after the effective
date of this AD: Submit the report within 30 days after
accomplishing the corrective action.
    (ii) If the corrective action was done before the effective date
of this AD: Submit the report within 30 days after the effective
date of this AD.

(l) Special Flight Permit

    Special flight permits, as described in Section 21.197 and
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197
and 21.199), may be issued to operate the airplane to a location
where the requirements of this AD can be accomplished if the
applicable AFM specified in paragraph (g) of this AD has been
revised as required by paragraph (g) of this AD.

(m) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty
for failure to comply with a collection of information subject to
the requirements of the Paperwork Reduction Act unless that
collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

(n) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Atlanta ACO, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
ACO, send it to the attention of the person identified in the
Related Information section of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(o) Related Information

    For more information about this AD, contact Michael Cann, Senior
Aerospace Engineer, Airframe Branch, ACE-117A, FAA, Atlanta ACO,
1701 Columbia Avenue, College Park, GA 30337; phone<PHONE_NUMBER>;
fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the following service
information under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise.
    (i) Gulfstream IV Customer Bulletin 223, dated March 23, 2012,
which includes the following attachments:
    (A) Part I Service Reply Card, dated March 23, 2012.
    (B) Part II Service Reply Card, dated March 23, 2012.
    (C) Gulfstream GIV Airplane Flight Manual Supplement GIV-2012-
01, dated March 13, 2012.
    (ii) Gulfstream V Customer Bulletin 196, dated March 23, 2012,
which includes the following attachments:
    (A) Part I Service Reply Card, dated March 23, 2012.
    (B) Part II Service Reply Card, dated March 23, 2012.
    (C) Gulfstream GV Airplane Flight Manual Supplement GV-2012-01,
dated March 13, 2012.
    (iii) Gulfstream G450 Customer Bulletin 140, dated March 23,
2012, which includes the following attachments:
    (A) Part I Service Reply Card, dated March 23, 2012.
    (B) Part II Service Reply Card, dated March 23, 2012.
    (C) Gulfstream G450/G350 Airplane Flight Manual Supplement G450-
2012-01, dated March 13, 2012.
    (iv) Gulfstream G550 Customer Bulletin 121, dated March 23,
2012, which includes the following attachments:
    (A) Part I Service Reply Card, dated March 23, 2012.
    (B) Part II Service Reply Card, dated March 23, 2012.
    (C) Gulfstream G550 Airplane Flight Manual Supplement G550-2012-
01, dated March 13, 2012.
    (D) Gulfstream G550 EASA Airplane Flight Manual Supplement EASA-
G550-2012-01, dated March 14, 2012.
    (3) For service information identified in this AD, contact
Gulfstream Aerospace Corporation, Technical Publications Dept., P.O.
Box 2206, Savannah, GA 31402-2206; telephone<PHONE_NUMBER>; fax 912-
965-3520; email<EMAIL_ADDRESS>Internet http://www.gulfstream.com/product_support/technical_pubs/pubs/index.htm.
    (4) You may review copies of the service information at the FAA,
1601 Lind Avenue SW., Renton, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr_locations.html.

    Issued in Renton, Washington, on June 28, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-16637 Filed 7-16-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 174 (Thursday, September 8, 2011)]
[Rules and Regulations]
[Pages 55558-55561]
[FR Doc No: 2011-22917]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2011-0545]
RIN 1625-AA08

Special Local Regulation for Marine Events; Temporary Change of
Dates for Recurring Marine Events in the Fifth Coast Guard District,
John H. Kerr Reservoir, Clarksville, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard will temporarily change the enforcement period
of special local regulations for one recurring marine event in the
Fifth Coast Guard District, specifically, the ``Clarksville Hydroplane
Challenge,'' hydroplane races on the waters of the John H. Kerr
Reservoir. Because this event will consist of approximately 80
hydroplane powerboats conducting high-speed competitive races in heats
counter-clockwise around an oval racecourse on the water of the John H.
Kerr Reservoir, this regulation is necessary to provide for the safety
of life on navigable waters during the event. This action is intended
to restrict vessel traffic in portions of the John H. Kerr Reservoir in
Clarksville, Virginia during the event.

DATES: This rule is effective from 9 a.m. September 24, 2011 until 6
p.m. on September 25, 2011. This rule will be enforced from 9 a.m. to 6
p.m. on September 24 and 25, 2011.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2011-0545 and are available online by going to
http://www.

regulations.gov, inserting USCG-2011-0545 in the ``Keyword'' box, and
then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail LCDR Christopher A. O'Neal, Waterways
Management Division Chief, Sector Hampton Roads, Coast Guard; telephone
757-668-5581, e-mail<EMAIL_ADDRESS>If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On June 27, 2011, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulation for Marine Events; Temporary
Change of Dates for Recurring Marine Events in the Fifth Coast Guard
District, John H. Kerr Reservoir, Clarksville VA. in the Federal
Register (76 FR 123). We received no comments on the proposed rule. No
public meeting was requested, and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The Coast Guard was informed about
the changed date too late for the full delayed-effective date period to
run. In addition, the public interest favors allowing the event to take
place at its scheduled time. The burden on the boating public will be
low, consisting of a short restriction on vessel traffic in a limited
area, with passage allowed when safe to do so. The benefit of allowing
the event to continue as scheduled will be enjoyed by a large number of
participants and spectators.

Background and Purpose

    Marine events are frequently held on the navigable waters within
the boundary of Fifth Coast Guard District. The water activities that
typically comprise marine events include sailing regattas, power boat
races, swim races and holiday parades. For a description of the
geographical area of each Coast Guard Sector--Captain of the Port Zone,
please see 33 CFR 3.25.
    This regulation will temporarily change the enforcement period of
special local regulations for one recurring marine event within Fifth
Coast Guard District. This regulation applies to one marine event in 33
CFR 100.501, Table to Sec.  100.501.
    On September 24 and 25, 2011, the Cambridge Power Boat Racing
Association will sponsor the ``Clarksville Hydroplane Challenge''
hydroplane races on the waters of the John H. Kerr Reservoir. The
regulation at 33 CFR 100.501 is effective annually for this hydroplane
boat race marine event. The event will consist of approximately 80
hydroplane powerboats conducting high-speed competitive races in heats
counter-clockwise around an oval racecourse on the water of the John H.
Kerr Reservoir adjacent to Occoneechee State Park, Clarksville,
Virginia and State Route 15 Highway Bridge. A fleet of spectator
vessels is expected to gather near the event site to view the
competition. To provide for the safety of participants, spectators,
support and transiting vessels, the Coast Guard will temporarily
restrict vessel traffic in the event area during the hydroplane races.
The regulation at 33 CFR 100.501 will be enforced for the duration of
the event. Under the provisions of 33 CFR 100.501, from 9 a.m. to 6
p.m. on September 24 and 25, 2011, vessels may not enter the regulated
area unless they receive permission from the Coast Guard Patrol
Commander.

Discussion of Comments and Changes

    The Coast Guard did not receive comments in response to the notice
of proposed rulemaking (NPRM) published in the Federal Register.
Accordingly, the Coast Guard is establishing a special local regulation
on the specified waters of John H. Kerr Reservoir, Clarksville,
Virginia.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under that those Orders.
    We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. Although this rule prevents
traffic from transiting a portion of certain waterways during specified
times, the effect of this regulation will not be significant due to the
limited duration that the regulated area will be in effect and the
extensive advance notifications that will be made to the maritime
community via marine information broadcasts, local radio stations and
area newspapers so mariners can adjust their plans accordingly.
Additionally, this rulemaking does not change the permanent regulated
areas that have been published in 33 CFR 100.501, Table to Sec.
100.501. In some cases vessel traffic may be able to transit the
regulated area when the coast Guard Patrol Commander deems it is safe
to do so.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This rule would affect the following entities, some of which might
be small entities: the owners or operators of vessels intending to
transit or anchor in the area where the marine event is being held.
This regulation will not have a significant impact on a substantial
number of small entities because it will be enforced only during the
marine events that have been permitted by the Coast Guard Captain of
the Port. The Captain of the Port will ensure that small entities are
able to operate in the areas where the event is occurring when it is
safe to do so. In some cases vessels will be able to safely transit
around the regulated area at various times, and, with the permission of
the Patrol Commander, vessels may transit through the regulated area.
Before the enforcement period, the Coast Guard will issue maritime
advisories so mariners can adjust their plans accordingly.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies. This rule does not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(h), of the Instruction. This rule involves implementation of
regulations within 33 CFR Part 100 that apply to organized marine
events on the navigable waters of the United States that may have
potential for negative impact on the safety or other interest of
waterway users and shore side activities in the event area. The
category of water activities includes but is not limited to sail boat
regattas, boat parades, power boat racing, swimming events, crew
racing, and sail board racing. Under figure 2-1, paragraph (34)(h), of
the Instruction, an environmental analysis checklist and a categorical
exclusion determination will be available in the docket where indicated
under ADDRESSES.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. In Sec.  100.501, suspend line No. 47 in the Table to Sec.  100.501.

0
3. In Sec.  100.501, add line No. 62 in Table to Sec.  100.501 to read
as follows:

Sec.  100.501  Special Local Regulations; Marine Events in the Fifth
Coast Guard District.

* * * * *
    Table To Sec.  100.501.--All coordinates listed in the Table to
Sec.  100.501 reference Datum NAD 1983.

                                   Coast Guard Sector Hampton Roads--COTP Zone
----------------------------------------------------------------------------------------------------------------
      Number              Date                Event              Sponsor                    Location
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
62...............  September 24 and    Clarksville         Cambridge Power     The waters of the John H. Kerr
                    25, 2011.           Hydroplane          Boat Racing Assoc.  Reservoir, adjacent to the State
                                        Challenge.                              Route 15 Highway Bridge and
                                                                                Occoneechee State Park,
                                                                                Clarksville, Virginia, from
                                                                                shoreline to shoreline, bounded
                                                                                on the south by a line running
                                                                                northeasterly from a point along
                                                                                the shoreline at latitude
                                                                                36[deg]37'14'' N, longitude
                                                                                078[deg]32'46.5'' W, thence to
                                                                                latitude 36[deg]37'39.2'' N,
                                                                                longitude 078[deg]32'08.8'' W,
                                                                                and bounded on the north by the
                                                                                State Route 15 Highway Bridge.
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: August 19, 2011.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2011-22917 Filed 9-7-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 35 (Wednesday, February 21, 2018)]
[Notices]
[Pages 7470-7471]
[FR Doc No: 2018-03460]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3011-016]

Notice of Intent To File License Application, Filing of Pre-
Application Document, and Approving Use of the Traditional Licensing
Process; Natco Products Corporation

    a. Type of Filing: Notice of Intent to File License Application and
Request to Use the Traditional Licensing Process.
    b. Project No.: 3011-016.
    c. Date Filed: December 29, 2017.
    d. Submitted By: Natco Products Corporation (Natco).
    e. Name of Project: Arctic Project.
    f. Location: On the South Branch Pawtuxet River in West Warwick,
Kent County, Rhode Island. No federal lands are occupied by the project
works or located within the project boundary.
    g. Filed Pursuant to: 18 CFR 5.3 and 5.5 of the Commission's
regulations.
    h. Potential Applicant Contact: Steve Burke, Natco Products
Corporation, 155 Brookside Avenue, West Warwick, RI 02893; (401) 828-
0300; email at [email protected].
    i. FERC Contact: John Ramer at<PHONE_NUMBER>; or email at
[email protected].
    j. Natco filed its request to use the Traditional Licensing Process
on

December 29, 2017, and provided public notice of the request on the
same date. In a letter dated February 13, 2018, the Director of the
Division of Hydropower Licensing approved Natco's request to use the
Traditional Licensing Process.
    k. With this notice, we are initiating informal consultation with
the U.S. Fish and Wildlife Service and NOAA Fisheries under section 7
of the Endangered Species Act and the joint agency regulations
thereunder at 50 CFR part 402; and NOAA Fisheries under section 305(b)
of the Magnuson-Stevens Fishery Conservation and Management Act and
implementing regulations at 50 CFR 600.920. We are also initiating
consultation with the Rhode Island State Historic Preservation Officer,
as required by section 106 of the National Historic Preservation Act,
and the implementing regulations of the Advisory Council on Historic
Preservation at 36 CFR 800.2.
    l. Natco filed a Pre-Application Document (PAD; including a
proposed process plan and schedule) with the Commission, pursuant to 18
CFR 5.6 of the Commission's regulations.
    m. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's website
(http://www.ferc.gov), using the ``eLibrary'' link. Enter the docket
number, excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). A copy is also available for inspection and reproduction at
the address in paragraph h.
    n. The licensee states its unequivocal intent to submit an
application for a subsequent license for Project No. 3011. Pursuant to
18 CFR 16.20, each application for a subsequent license and any
competing license applications must be filed with the Commission at
least 24 months prior to the expiration of the existing license. All
applications for license for this project must be filed by December 31,
2020.
    o. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.

    Dated: February 13, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-03460 Filed 2-20-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Rules and Regulations]
[Pages 39605-39610]
[FR Doc No: 2018-17192]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2017-0429; FRL-9980-47]

Picoxystrobin; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes tolerances for residues of
picoxystrobin in or on multiple commodities that are identified and
discussed later in this document. E.I. DuPont De Nemours and Company
requested these tolerances under the Federal Food, Drug, and Cosmetic
Act (FFDCA).

DATES: This regulation is effective August 10, 2018. Objections and
requests for hearings must be received on or before October 9, 2018,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2017-0429, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Michael L. Goodis, P.E., Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

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

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

    You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Government
Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl. To access the OCSPP
test guidelines referenced in this document electronically, please go
to http://www.epa.gov/ocspp and select ``Test Methods and Guidelines.''

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

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2017-0429 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
October 9, 2018. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2017-0429, by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of November 27, 2017 (82 FR 56017) (FRL-
9968-55), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
7F8557) by E.I. Du Pont De Nemours and Company, Chestnut Run Plaza, 974
Centre Road, Wilmington, DE 19805. The petition requested 40 CFR
180.669 be amended by establishing tolerances for residues of the
fungicide picoxystrobin, methyl ([alpha]E)-[alpha]-(methoxymethylene)-
2-[[[6-(trifluoromethyl)-2-pyridinyl]oxy]methyl]benzeneacetate, in or
on alfalfa, forage at 4 parts per million (ppm); alfalfa, hay at 5 ppm;
alfalfa, seed at 9 ppm; almond hulls at 15 ppm; cotton, gin by-products
at 40 ppm; cottonseed (Crop Subgroup 20C) at 4 ppm; grass, forage
(Grown for Seed) at 40 ppm; grass, hay (Grown for Seed) at 80 ppm; head
lettuce at 7 ppm; onion, bulb (Crop Subgroup 3-07A) at 0.8 ppm; onion,
green (Crop Subgroup 3-07B) at 15 ppm; pea and bean, succulent shelled
(Crop Subgroup 6B) at 3 ppm; peanut at 0.1 ppm; peanut, hay at 40 ppm;
sunflower (Crop Subgroup 20B) at 3 ppm; tree nut except hulls (Crop
Group 14-12) at 0.15 ppm; vegetable, brassica head and stem (Crop Group
5-16) at 5 ppm; vegetable, cucurbit (Crop Group 9) at 0.7 ppm;
vegetable, fruiting (Crop Group 8-10) at 1.5 ppm; vegetable, leaf
petiole (Crop Subgroup 22B) at 40 ppm; vegetable, leafy except head
lettuce (Crop Group 4-16) at 60 ppm; vegetable, leaves of root and
tuber (Crop Group 2) at 40 ppm; vegetable, legume, edible podded (Crop
Subgroup 6A) at 4 ppm; vegetable, root (Crop Subgroup 1A) at 0.6 ppm;
and vegetable, tuberous and corm (Crop Subgroup 1C) at 0.06 ppm. That
document referenced a summary of the petition prepared by E.I. Du Pont
De Nemours and Company, the registrant, which is available in the
docket, http://www.regulations.gov.

Comments were received on the notice of filing. EPA's response to these
comments is discussed in Unit IV.C.
    Notice of this same petition was provided again in the Federal
Register of January 26, 2018 (83 FR 3658) (FRL-9971-46). The only
difference between the two notifications is that the second
notification spelled out the analytical method, whereas the November
2017 notification used just the abbreviations. Both documents provided
notice for the same petition and same tolerances. That document is also
available in the docket, http://www.regulations.gov. One comment was
received on this second notification, but it did not raise any issues
relevant to this rulemaking.
    Based upon review of the data supporting the petition, EPA is
establishing tolerances at levels lower than requested, except for the
commodities of alfalfa forage, hay, and seed, and using commodity terms
consistent with the Agency's food and feed commodity vocabulary. The
reasons for these changes are explained in Unit IV.D.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue . .
. . ''
    Consistent with FFDCA section 408(b)(2)(D), and the factors
specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for picoxystrobin including
exposure resulting from the tolerances established by this action.
EPA's assessment of exposures and risks associated with picoxystrobin
follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered its
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children.
    The most consistently observed effects of picoxystrobin exposure
across species, genders, and treatment durations were decreased body-
weight, body-weight gain and food consumption, and diarrhea. The
effects on body-weight and food consumption were consistent with the
commonly observed findings for compounds that disrupt the mitochondria
respiration system and the resulting disruption of energy production.
Similar to some other strobilurins, picoxystrobin causes intestinal
disturbance as indicated by increased incidence of diarrhea or duodenum
mucosal thickening. These intestinal effects appeared to be related to
the irritating action on the mucus membranes as demonstrated by severe
eye irritation effect seen in the primary eye irritation study on
picoxystrobin.
    In the rat, developmental toxicity was expressed as misaligned 5th
sternebrae at doses causing maternal toxicity (i.e. diarrhea and
decreased body weight gain, and food consumption). In the rabbit,
developmental toxicity seen at doses causing maternal toxicity (i.e.
decreased body weight and clinical signs of toxicity) consisted of long
13th rib length and incompletely ossified odontoids and 27 pre-pelvic
vertebrae. In the reproduction study, parental/systemic toxicity
manifested as decreased body weight and body weight gain in both the
parents and offspring; no reproductive toxicity was seen.
    There was no evidence that picoxystrobin directly affects the
nervous system; behavioral changes observed in the acute and subchronic
neurotoxicity studies were attributed to general malaise. Picoxystrobin
has no effects on the immune system in rats and mice, and is not
mutagenic or genotoxic. No adverse dermal or systemic effects were
identified in the rat following dermal exposure at the limit-dose. In
the inhalation toxicity study, rats showed no portal of entry,
respiratory or systemic toxicity. Chronic picoxystrobin exposure
induced a treatment-related increase in testicular interstitial cell
benign tumors in male rats at the high-dose only. No tumors were seen
in female rats or in male and female mice, and there is no mutagenic
concern. Based on this information, EPA has classified picoxystrobin as
``suggestive evidence of carcinogenic potential'', for which
quantification of cancer risk based on a non-linear approach (i.e., the
chronic reference doses (RfD)) is appropriate. Use of the chronic RfD
will adequately account for all chronic toxicity, including
carcinogenicity, that could result from exposure to picoxystrobin.
Specific information on the studies received and the nature of the
adverse effects caused by picoxystrobin as well as the no-observed-
adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-
level (LOAEL) from the toxicity studies can be found at http://www.regulations.gov in document ``Picoxystrobin: Human Health Risk
Assessment for Proposed New Uses on Root Vegetables, Subgroup 1A;
Tuberous and Corm Vegetables, Subgroup 1C; Leaves of Root and Tuber
Vegetables, Group 2; Bulb Onion, Subgroup 3-07A; Green Onion, Subgroup
3-07B; Leafy Vegetables, except Head Lettuce, Group 4-16; Head and Stem
Brassica Vegetables, Group 5-16; Edible Podded Legume Vegetables,
Subgroup 6A; Succulent Shelled Pea and Bean, Subgroup 6B; Fruiting
Vegetables, Group 8-10; Cucurbit Vegetables, Group 9; Tree Nuts, Group
14-12; Sunflower, Subgroup 20B; Cottonseed, Subgroup 20C; Leaf Petiole
Vegetables, Subgroup 22B; Head Lettuce; Almond; Alfalfa; Peanut; and
Grass, Forage, Fodder, and Hay, Group 17'' in docket ID number EPA-HQ-
OPP-2017-0429.

B. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA
identifies toxicological points of departure (POD) and levels of
concern to use in evaluating the risk posed by human exposure to the
pesticide. For hazards that have a threshold below which there is no
appreciable risk, the toxicological POD is used as the basis for
derivation of reference values for risk assessment. PODs are developed
based on a careful analysis of the doses in each toxicological study to
determine the dose at which no adverse effects are observed (the NOAEL)
and the lowest dose at which adverse effects of concern are identified
(the LOAEL). Uncertainty/safety factors are used in conjunction with
the POD to calculate a safe exposure level--generally referred to as a
population-adjusted dose (PAD) or a reference dose (RfD)--and a safe
margin of exposure (MOE). For non-threshold risks, the Agency assumes
that any amount of exposure will lead to some

degree of risk. Thus, the Agency estimates risk in terms of the
probability of an occurrence of the adverse effect expected in a
lifetime. For more information on the general principles EPA uses in
risk characterization and a complete description of the risk assessment
process, see http://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/assessing-human-health-risk-pesticides. A summary of
the toxicological endpoints for picoxystrobin used for human risk
assessment is shown in Table 1 of this unit.

 Table 1--Summary of Toxicological Doses and Endpoints for Picoxystrobin for Use in Human Health Risk Assessment
----------------------------------------------------------------------------------------------------------------
                                        Point of departure and
          Exposure/scenario               uncertainty/safety     RfD, PAD, LOC for risk  Study and toxicological
                                               factors                 assessment                effects
----------------------------------------------------------------------------------------------------------------
Acute dietary (Females 13-50 years of      An acute dietary risk assessment is not required since no endpoint
 age).                                     attributable to a single exposure was identified from the relevant
                                                                        studies.
                                      --------------------------------------------------------------------------
Acute dietary (General population      UFA = 10x..............  Acute RfD/aPAD = 0.2 mg/ Acute Neurotoxicity--
 including infants and children).      UFH = 10x..............   kg/day.                  Rat
                                       FQPA SF/UFL = 10x......                           LOAEL = 200 mg/kg/day
                                                                                based on low arousal
                                                                                and decreased motor
                                                                                activities in males,
                                                                                decreased rearing in
                                                                                females, in addition
                                                                                to decreased
                                                                                bodyweight gain and
                                                                                food consumption in
                                                                                both sexes on Day 1.
Chronic dietary (All populations)....  NOAEL= 4.6 mg/kg/day     Chronic RfD = 0.046 mg/  Chronic Toxicity--Dog
                                        UFA = 10x.               kg/day.                 LOAEL = 15.7 mg/kg/day
                                       UFH = 10x..............  cPAD = 0.046 mg/kg/day.   based on decreased
                                       FQPA SF = 1x...........                            body weights, body
                                                                                weight gains, and food
                                                                                consumption in both
                                                                                sexes.
                                      --------------------------------------------------------------------------
Cancer (Oral, dermal, inhalation)....   ``Suggestive Evidence of Carcinogenic Potential'' based on tumors in one
                                             species and one sex: a treatment-related increase in testicular
                                         interstitial cell benign tumors in high dose male rats. Quantification
                                              of cancer risk is based on a non-linear (i.e., RfD) approach.
----------------------------------------------------------------------------------------------------------------
FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. LOC = level
  of concern. mg/kg/day = milligram/kilogram/day. MOE = margin of exposure. NOAEL = no-observed-adverse-effect-
  level. PAD = population adjusted dose (a = acute, c = chronic). RfD = reference dose. UF = uncertainty factor.
  UFA = extrapolation from animal to human (interspecies). UFL = use of a LOAEL to extrapolate a NOAEL.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to picoxystrobin, EPA considered exposure under the
petitioned-for tolerances as well as all existing picoxystrobin
tolerances in 40 CFR 180.669. EPA assessed dietary exposures from
picoxystrobin in food as follows:
    i. Acute exposure. Quantitative acute dietary exposure and risk
assessments are performed for a food-use pesticide, if a toxicological
study has indicated the possibility of an effect of concern occurring
as a result of a 1-day or single exposure. Such effects were identified
for picoxystrobin. In estimating acute dietary exposure, EPA used food
consumption information from the United States Department of
Agriculture (USDA) National Health and Nutrition Examination Survey,
What We Eat in America, (NHANES/WWEIA). As to residue levels in food,
EPA's assumption of this dietary assessment included tolerance-level
residues for all crops. In addition, default processing factors and
100% percent crop treated (PCT) were assumed for all commodities.
    ii. Chronic exposure. In conducting the chronic dietary exposure
assessment EPA used the food consumption data from the USDA 1994-1996
and 1998 CSFII. As to residue levels in food, EPA used tolerance-level
residues for all crops. In addition, default processing factors and 100
PCT were assumed for all commodities.
    iii. Cancer. Based on the data summarized in Unit III.A., EPA has
concluded that a linear (RfD) approach is appropriate for assessing
cancer risk to picoxystrobin. Cancer risk was assessed using the same
exposure estimates as discussed in Unit III.C.1.ii., chronic exposure.
    iv. Anticipated residue and PCT information. EPA did not use
anticipated residue and/or PCT information in the dietary assessment
for picoxystrobin. Tolerance-level residues and/or 100 PCT were assumed
for all food commodities.
    2. Dietary exposure from drinking water. The Agency used screening-
level water exposure models in the dietary exposure analysis and risk
assessment for picoxystrobin in drinking water. These simulation models
take into account data on the physical, chemical, and fate/transport
characteristics of picoxystrobin. Further information regarding EPA
drinking water models used in pesticide exposure assessment can be
found at http://www.epa.gov/oppefed1/models/water/index.htm.
    Based on the Surface Water Concentration Calculator (SWCC) and
Pesticide Root Zone Model Ground Water (PRZM GW), the estimated
drinking water concentrations (EDWCs) of picoxystrobin for acute
exposures are estimated to be 15.7 parts per billion (ppb) for surface
water and 1.40 ppb for ground water. Chronic exposures for non-cancer
assessments are estimated to be 5.53 ppb for surface water and 1.36 ppb
for ground water.
    Modeled estimates of drinking water concentrations were directly
entered into the dietary exposure model. For acute dietary risk
assessment, the water concentration value of 15.7 ppb was used to
assess the contribution to drinking water. For chronic dietary risk
assessment, the water concentration of value 5.53 ppb was used to
assess the contribution to drinking water.
    3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., for lawn and garden pest control,

indoor pest control, termiticides, and flea and tick control on pets).
    Picoxystrobin is not registered for any specific use patterns that
would result in residential exposure.
    4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.'' EPA has not found
picoxystrobin to share a common mechanism of toxicity with any other
substances, and picoxystrobin does not appear to produce a toxic
metabolite produced by other substances. For the purposes of this
tolerance action, therefore, EPA has assumed that picoxystrobin does
not have a common mechanism of toxicity with other substances. For
information regarding EPA's efforts to determine which chemicals have a
common mechanism of toxicity and to evaluate the cumulative effects of
such chemicals, see EPA's website at http://www.epa.gov/pesticides/cumulative.

D. Safety Factor for Infants and Children

    1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA
shall apply an additional tenfold (10X) margin of safety for infants
and children in the case of threshold effects to account for prenatal
and postnatal toxicity and the completeness of the database on toxicity
and exposure unless EPA determines based on reliable data that a
different margin of safety will be safe for infants and children. This
additional margin of safety is commonly referred to as the Food Quality
Protection Act Safety Factor (FQPA SF). In applying this provision, EPA
either retains the default value of 10X, or uses a different additional
safety factor when reliable data available to EPA support the choice of
a different factor.
    2. Prenatal and postnatal sensitivity. The prenatal and postnatal
toxicity studies include rat and rabbit prenatal developmental studies
in addition to reproduction and fertility effects studies in rats. In
the rat- and rabbit-developmental toxicity studies, developmental
toxicity was expressed as skeletal variations at doses causing maternal
toxicity (i.e. diarrhea, decreased body-weight, body-weight gain, food
consumption, and clinical signs of toxicity). In the reproduction
study, parental/systemic toxicity manifested as decreased body-weight
and body-weight gain in both the parents and offspring. No evidence of
increased susceptibility/sensitivity is seen in any of these studies.
    3. Conclusion. EPA has determined that reliable data show the
safety of infants and children would be adequately protected if the
FQPA SF were reduced to 1x for chronic dietary. For acute dietary
exposures for the general population, including infants and children
where the acute neurotoxicity study is used as an endpoint for risk
assessment, EPA is retaining a 10x FQPA SF. That decision is based on
the following findings:
    i. The toxicity database for picoxystrobin is complete, except for
the lack of a NOAEL in the acute neurotoxicity test, which is used to
establish a toxicological endpoint for acute dietary exposure
scenarios.
    ii. Although there is some effect on behavior after exposure to
picoxystrobin, EPA has concluded that picoxystrobin is not a neurotoxic
chemical due to lack of neuropathological findings; there is no need
for a developmental neurotoxicity study or additional UFs to account
for neurotoxicity.
    iii. There is no evidence that picoxystrobin results in increased
susceptibility in in utero rats or rabbits in the prenatal
developmental studies or in young rats in the 2-generation reproduction
study.
    iv. There are no residual uncertainties identified in the exposure
databases. The dietary food exposure assessments were performed based
on 100 PCT and tolerance-level residues. EPA made conservative
(protective) assumptions in the ground and surface water modeling used
to assess exposure to picoxystrobin in drinking water. These
assessments will not underestimate the exposure and risks posed by
picoxystrobin.

E. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic dietary pesticide
exposures are safe by comparing aggregate exposure estimates to the
acute PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA
calculates the lifetime probability of acquiring cancer given the
estimated aggregate exposure. Short-, intermediate-, and chronic-term
risks are evaluated by comparing the estimated aggregate food, water,
and residential exposure to the appropriate PODs to ensure that an
adequate MOE exists.
    1. Acute risk. Using the exposure assumptions discussed in this
unit for acute exposure, the acute dietary exposure from food and water
to picoxystrobin will occupy 23% of the aPAD for children 1-2 years
old, the population group receiving the greatest exposure.
    2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that chronic exposure to
picoxystrobin from food and water will utilize 36% of the cPAD for
children 1-2 years old, the population group receiving the greatest
exposure. There are no residential uses for picoxystrobin.
    3. Short- and intermediate-term risk. Short- and intermediate-term
aggregate exposure takes into account residential exposure plus chronic
exposure to food and water (considered to be a background exposure
level). Because no short-term or intermediate-term adverse effect was
identified and picoxystrobin is not registered for any residential
uses, picoxystrobin is not expected to pose a short- or intermediate-
term risk.
    4. Aggregate cancer risk for U.S. population. The Agency considers
the chronic aggregate risk assessment, making use of the cPAD, to be
protective of any aggregate cancer risk. As chronic risks are below the
Agency's level of concern, the Agency concludes there is no cancer risk
of concern from aggregate exposure to picoxystrobin.
    5. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population, or to infants and children from aggregate
exposure to picoxystrobin residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology (high-performance liquid
chromatography with tandem mass spectrometry (HPLC/ESI-MS/MS)) is
available to enforce the tolerance expression.
    The method may be requested from: Chief, Analytical Chemistry
Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD
20755-5350; telephone number:<PHONE_NUMBER>; email address:
[email protected].

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4).

The Codex Alimentarius is a joint United Nations Food and Agriculture
Organization/World Health Organization food standards program, and it
is recognized as an international food safety standards-setting
organization in trade agreements to which the United States is a party.
EPA may establish a tolerance that is different from a Codex MRL;
however, FFDCA section 408(b)(4) requires that EPA explain the reasons
for departing from the Codex level. The Codex has not established a MRL
for picoxystrobin.

C. Response to Comments

    Comments were received in response to the Notices of Filing of E.I.
Du Pont De Nemours and Company's petition. Two comments were filed
within the comment period, one irrelevant and one expressing confusion
about whether this action duplicated a previous action. The comment
copied an excerpt from a tolerance rulemaking that was finalized in
2012; the tolerances requested in this petition are not the same as
those finalized in 2012. Several other comments were submitted after
the comment period had closed.

D. Revisions to Petitioned-For Tolerances

    The Agency has revised several of the commodity definitions to be
consistent with the food and feed commodity vocabulary the Agency uses
to establish tolerances. The Agency is also establishing tolerance
levels that are slightly lower than the petitioner requested because
Agency calculated tolerances (except alfalfa and sorghum) using
proportionality to extrapolate data which would be reflective of a 1x
maximum annual application rate rather the exaggerated application
rates in the field trial studies for the following commodities: Almond
hulls at 15 ppm to almond, hulls at 7.0 ppm; cotton, gin by-products at
40 ppm to cotton gin byproducts at 20 ppm; cottonseed (Crop Subgroup
20C) at 4 ppm to cottonseed subgroup 20C at 2.0 ppm; head lettuce at 7
ppm to lettuce, head at 4.0 ppm; onion, bulb (Crop Subgroup 3-07A) at
0.8 ppm to onion, bulb, subgroup 3-07A at 0.50 ppm; onion, green (Crop
Subgroup 3-07B) at 15 ppm to onion, green, subgroup 3-07B at 10 ppm;
pea and bean, succulent shelled (Crop Subgroup 6B) at 3 ppm to pea and
bean, succulent shelled, subgroup 6B at 0.90 ppm; peanut at 0.1 ppm to
0.05 ppm; peanut, hay at 40 ppm to 30 ppm; sunflower (Crop Subgroup
20B) at 3 ppm to sunflower subgroup 20B to 2.0 ppm; tree nut except
hulls (Crop Group 14-12) at 0.15 ppm to nut, tree, group 14-12 at 0.08
ppm; vegetable, brassica head and stem (Crop Group 5-16) at 5 ppm to
vegetable, brassica, head and stem, group 5-16 at 2.0 ppm; vegetable,
cucurbit (Crop Group 9) at 0.7 ppm to vegetable, cucurbit, group 9 at
0.30 ppm; vegetable, fruiting (Crop Group 8-10) at 1.5 ppm to
vegetable, fruiting, group 8-10 at 0.70 ppm; vegetable, leaf petiole
(Crop Subgroup 22B) at 40 ppm to leaf petiole vegetable subgroup 22B at
20 ppm; vegetable, leafy except head lettuce (Crop Group 4-16) at 60
ppm to vegetable, leafy, group 4-16, except lettuce, head at 30 ppm;
vegetable, leaves of root and tuber (Crop Group 2) at 40 ppm to
vegetable, leaves of root and tuber, group 2 at 30 ppm; vegetable,
legume, edible podded (Crop Subgroup 6A) at 4 ppm to vegetable, legume,
edible podded, subgroup 6A at 2.0 ppm; vegetable, root (Crop Subgroup
1A) at 0.6 ppm to vegetable, root, subgroup 1A at 0.50 ppm; and
vegetable, tuberous and corm (Crop Subgroup 1C) at 0.06 ppm to
vegetable, tuberous and corm, subgroup 1C at 0.03 ppm.
    For alfalfa, forage, hay, and seed, the tolerances have been
modified to represent the appropriate number of significant figures;
however, the numerical value is no different than requested by the
petition.
    The petition requested ``grass, forage (Grown for Seed)'' at 40 ppm
and ``grass, hay (Grown for Seed)'' at 80 ppm. Because ``grass grown
for seed'' is ambiguous, the Agency is establishing individual
tolerances for the hay and forage forms of specific grasses for which
residue data were submitted and that are grown for seed purposes:
Bluegrass, forage at 30 ppm; bluegrass, hay at 60 ppm, bromegrass,
forage at 30 ppm; bromegrass, hay at 60 ppm; fescue, forage at 30 ppm;
fescue, hay at 60 ppm; orchardgrass, forage at 30 ppm; orchardgrass,
hay at 60 ppm; ryegrass, forage at 30 ppm; ryegrass, hay at 60 ppm;
switchgrass, forage at 30 ppm; and switchgrass, hay at 60 ppm.
    EPA is also establishing tolerances for beet, sugar, dried pulp at
1.5 ppm and potato, wet peel at 0.10 ppm, pursuant to 40 CFR
180.40(f)(1)(i)(A). These tolerances are necessary to cover
concentrated residues in processed commodities of raw agricultural
commodities contained in subgroups 1A and 1C, respectively.

V. Conclusion

    Therefore, tolerances are established for residues of
picoxystrobin, methyl ([alpha]E)-[alpha]-(methoxymethylene)-2-[[[6-
(trifluoromethyl)-2-pyridinyl]oxy]methyl]benzeneacetate, in or on
alfalfa, forage at 4.0 ppm; alfalfa, hay at 5.0 ppm; alfalfa, seed at
9.0 ppm; almond, hulls at 7.0 ppm; beet, sugar, dried pulp at 1.5 ppm;
bluegrass, forage at 30 ppm; bluegrass, hay at 60 ppm; bromegrass,
forage at 30 ppm; bromegrass, hay at 60 ppm; cotton, gin byproducts at
20 ppm; cottonseed subgroup 20C at 2.0 ppm; fescue, forage at 30 ppm;
fescue, hay at 60 ppm; leaf petiole vegetable subgroup 22B at 20 ppm;
lettuce, head at 4.0 ppm; nut, tree, group 14-12 at 0.08 ppm; onion,
bulb, subgroup 3-07A at 0.50 ppm; onion, green, subgroup 3-07B at 10
ppm; orchardgrass, forage at 30 ppm; orchardgrass, hay at 60 ppm; pea
and bean, succulent shelled, subgroup 6B at 0.90 ppm; peanut at 0.05
ppm; peanut, hay at 30 ppm; potato, wet peel at 0.10 ppm; ryegrass,
forage at 30 ppm; ryegrass, hay at 60 ppm; sunflower subgroup 20B to
2.0 ppm; switchgrass, forage at 30 ppm; switchgrass, hay at 60 ppm;
vegetable, brassica, head and stem, group 5-16 at 2.0 ppm; vegetable,
cucurbit, group 9 at 0.30 ppm; vegetable, fruiting, group 8-10 at 0.70
ppm; vegetable, leafy, group 4-16, except lettuce, head at 30 ppm;
vegetable, leaves of root and tuber, group 2 at 30 ppm; vegetable,
legume, edible podded, subgroup 6A at 2.0 ppm; vegetable, root,
subgroup 1A at 0.50 ppm; and vegetable, tuberous and corm, subgroup 1C
at 0.03 ppm.

VI. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA section 408(d) in
response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), nor is it considered a
regulatory action under Executive Order 13771, entitled ``Reducing
Regulations and Controlling Regulatory Costs'' (82 FR 9339, February 3,
2017). This action does not contain any information collections subject
to OMB approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501
et seq.), nor does it require any special considerations under
Executive Order 12898, entitled ``Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income

Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerances in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

VII. Congressional Review Act

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

List of Subjects in 40 CFR Part 180

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

    Dated: July 25, 2018.
Michael Goodis,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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

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

0
2. In Sec.  180.669, add alphabetically the following commodities:
Alfalfa, forage; Alfalfa, hay; Alfalfa, seed; Almond, hulls; Beet,
sugar, dried pulp; Bluegrass, forage; Bluegrass, hay; Bromegrass,
forage; Bromegrass, hay; Cotton, gin byproducts; Cottonseed subgroup
20C; Fescue, forage; Fescue, hay; Leaf petiole vegetable subgroup 22B;
Lettuce, head; Nut, tree, group 14-12; Onion, bulb, subgroup 3-07A;
Onion, green, subgroup 3-07B; Orchardgrass, forage; Orchardgrass, hay;
Pea and bean, succulent shelled, subgroup 6B; Peanut; Peanut, hay;
Potato, wet peel; Ryegrass, forage; Ryegrass, hay; Sunflower subgroup
20B; Switchgrass, forage; Switchgrass, hay; Vegetable, brassica, head
and stem, group 5-16; Vegetable, cucurbit, group 9; Vegetable,
fruiting, group 8-10; Vegetable, leafy, group 4-16, except lettuce,
head; Vegetable, leaves of root and tuber, group 2; Vegetable, legume,
edible podded, subgroup 6A; Vegetable, root, subgroup 1A; and
Vegetable, tuberous and corm, subgroup 1C to the table in paragraph (a)
to read as follows:

Sec.  180.669  Picoxystrobin; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
------------------------------------------------------------------------
Alfalfa, forage.............................................         4.0
Alfalfa, hay................................................         5.0
Alfalfa, seed...............................................         9.0
Almond, hulls...............................................         7.0

                                * * * * *
Beet, sugar, dried pulp.....................................         1.5
Bluegrass, forage...........................................          30
Bluegrass, hay..............................................          60
Bromegrass, forage..........................................          30
Bromegrass, hay.............................................          60

                                * * * * *
Cotton, gin byproducts......................................          20
Cottonseed subgroup 20C.....................................         2.0

                                * * * * *
Fescue, forage..............................................          30
Fescue, hay.................................................          60

                                * * * * *
Leaf petiole vegetable subgroup 22B.........................          20
Lettuce, head...............................................         4.0

                                * * * * *
Nut, tree, group 14-12......................................        0.08
Onion, bulb, subgroup 3-07A.................................        0.50
Onion, green, subgroup 3-07B................................          10
Orchardgrass, forage........................................          30
Orchardgrass, hay...........................................          60

                                * * * * *
Pea and bean, succulent shelled, subgroup 6B................        0.90
Peanut......................................................        0.05
Peanut, hay.................................................          30
Potato, wet peel............................................        0.10

                                * * * * *
Ryegrass, forage............................................          30
Ryegrass, hay...............................................          60

                                * * * * *
Sunflower subgroup 20B......................................         2.0
Switchgrass, forage.........................................          30
Switchgrass, hay............................................          60

                                * * * * *
Vegetable, brassica, head and stem, group 5-16..............         2.0
Vegetable, cucurbit, group 9................................        0.30

                                * * * * *
Vegetable, fruiting, group 8-10.............................        0.70
Vegetable, leafy, group 4-16, except lettuce, head..........          30
Vegetable, leaves of root and tuber, group 2................          30
Vegetable, legume, edible podded, subgroup 6A...............         2.0
Vegetable, root, subgroup 1A................................        0.50
Vegetable, tuberous and corm, subgroup 1C...................        0.03

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

* * * * *
[FR Doc. 2018-17192 Filed 8-9-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 224 (Wednesday, November 20, 2019)]
[Notices]
[Pages 64127-64128]
[FR Doc No: 2019-25096]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

Extension:
    Rule 6a-4, Form 1-N, SEC File No. 270-496, OMB Control No. 3235-
0554

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') a request for extension of the previously approved
collection of information provided for in Rule 6a-4 and Form 1-N (17
CFR 240.6a-4 and 17 CFR 249.10) under the Securities Exchange Act of
1934 (15 U.S.C. 78a et seq.) (``Exchange Act'').
    Section 6 of the Exchange Act \1\ sets out a framework for the
registration and regulation of national securities exchanges. Under the
Commodity Futures Modernization Act of 2000, a futures market may trade
security futures products by registering as a national securities
exchange. Rule 6a-4 \2\ sets forth these registration procedures and
directs futures markets to submit a notice registration on Form 1-N.\3\
Form 1-N calls for information regarding how the futures market
operates, its rules and procedures, corporate governance, its criteria
for membership, its subsidiaries and affiliates, and the security
futures products it intends to trade. Rule 6a-4 also requires entities
that have submitted an initial Form 1-N to file: (1) Amendments to Form
1-N in the event of material changes to the information provided in the
initial Form 1-N; (2) periodic updates of certain information provided
in the initial Form 1-N; (3) certain information that is provided to
the futures market's members; and (4) a monthly report summarizing the
futures market's trading of security futures products. The information
required to be filed with the Commission pursuant to Rule 6a-4 is
designed to enable the Commission to carry out its statutorily mandated
oversight functions and to ensure that registered and exempt exchanges
continue to be in compliance with the Act.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78f.
    \2\ 17 CFR 240.6a-4.
    \3\ 17 CFR 249.10.
---------------------------------------------------------------------------

    The respondents to the collection of information are futures
markets.
    The Commission estimates that the total annual burden of compliance
with the requirements of Rule 6a-4 and Form 1-N is 171 hours per year
and $1,216 per year, calculated as detailed below. The Commission
estimates that the total annual burden for all respondents to provide
periodic amendments \4\ to keep the Form 1-N accurate and up to date as
required under Rule 6a-4(b)(1) would be 60 hours (15 hours/respondent
per year x 4 respondents \5\ to provide annual amendments under Rule
6a-4(b)(3) would be 60 hours (15 hours/respondent/year x 4 respondents)
and $400 of miscellaneous clerical expenses. The Commission estimates
that the total annual burden for all respondents to provide three-year
amendments \6\ under Rule 6a-4(b)(4) would be 27 hours (20 hours/
respondent x 1.33 respondents per year) and $176 ($44 per year x 4

respondents \7\) in miscellaneous clerical expenses. The Commission
estimates that the total annual burden for the filing of the
supplemental information \8\ and the monthly reports required under
Rule 6a-4(c) would be 24 hours (6 hours/respondent per year x 4
respondents \9\) and $240 of miscellaneous clerical expenses.
---------------------------------------------------------------------------

    \4\ 17 CFR 240.6a-4(b)(1).
    \5\ The Commission estimates that four exchanges will file
amendments with the Commission in order to keep their Form 1-N
current.
    \6\ 17 CFR 240.6a-4(b)(3) and (4).
    \7\ The Commission notes that while there are currently five
Security Futures Product Exchanges, one of those exchanges, NQLX, is
dormant.
    \8\ 17 CFR 240.6a-4(c)
    \9\ See supra footnote 7.
---------------------------------------------------------------------------

    Compliance with Rule 6a-4 is mandatory. Information received in
response to Rule 6a-4 shall not be kept confidential; the information
collected is public information.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    The public may view background documentation for this information
collection at the following website, www.reginfo.gov. Comments should
be directed to: (i) Desk Officer for the Securities and Exchange
Commission, Office of Information and Regulatory Affairs, Office of
Management and Budget, Room 10102, New Executive Office Building,
Washington, DC 20503, or by sending an email to:
<EMAIL_ADDRESS>and (ii) Charles Riddle, Acting Director/
Chief Information Officer, Securities and Exchange Commission, c/o
Candace Kenner, 100 F Street NE, Washington, DC 20549 or by sending an
email to<EMAIL_ADDRESS>Comments must be submitted to OMB within
30 days of this notice.

    Dated: November 14, 2019.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-25096 Filed 11-19-19; 8:45 am]
 BILLING CODE 8011-01-P