[Federal Register Volume 77, Number 40 (Wednesday, February 29, 2012)]
[Notices]
[Pages 12356-12359]
[FR Doc No: 2012-4873]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No FMCSA-2011-0097]

Pilot Program on NAFTA Trucking Provisions

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

ACTION: Notice; request for public comment.

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SUMMARY: FMCSA announces and requests public comment on data and
information concerning the Pre-Authorization Safety Audit (PASA) for a
motor carrier that applied to participate in the Agency's long-haul
pilot program to test and demonstrate the ability of Mexico-domiciled
motor carriers to operate safely in the United States beyond the
municipalities in the United States on the United States-Mexico
international border or the commercial zones of such municipalities.
This action is required by the ``U.S. Troop Readiness, Veterans' Care,
Katrina Recovery, and Iraq Accountability Appropriations Act, 2007''
and all subsequent appropriations.

DATES: Comments must be received on or before March 12, 2012.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2011-0097 by any one of the following
methods: Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, (M-30), U.S. Department
of Transportation (DOT), 1200 New Jersey Avenue SE., West Building,
Ground Floor, Room 12-140, Washington, DC 20590-0001.

     Hand Delivery: Same as mail address above, between 9 a.m.
and 5 p.m., ET, Monday through Friday, except Federal holidays. The
telephone number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
All submissions must include the Agency name and docket number for this
notice. See the ``Public Participation'' heading below for instructions
on submitting comments and additional information.
    Note that all comments received, including any personal information
provided, will be posted without change to http://www.regulations.gov.
Please see the ``Privacy Act'' heading below.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov at any time or to
Room W12-140 on the ground floor of the DOT Headquarters Building at
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., ET, Monday through Friday, except Federal holidays.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
Privacy Act System of Records Notice for the DOT Federal Docket
Management System published in the Federal Register on January 17, 2008
(73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.
    Public Participation: The http://www.regulations.gov Web site is
generally available 24 hours each day, 365 days each year. You can get
electronic submission and retrieval help and guidelines under the
``help'' section of the http://www.regulations.gov Web site. Comments
received after the comment closing date will be included in the docket,
and will be considered to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Marcelo Perez, FMCSA, North American
Borders Division, 1200 New Jersey Avenue SE., Washington, DC 20590-
0001. Telephone<PHONE_NUMBER> Ext. 228; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    On May 25, 2007, the President signed into law the U.S. Troop
Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007 (the Act), (Pub. L. 110-28, 121 Stat. 112,
183, May 25, 2007). Section 6901 of the Act requires that certain
actions be taken by the Department of Transportation (the Department)
as a condition of obligating or expending appropriated funds to grant
authority to Mexico-domiciled motor carriers to operate beyond the
municipalities in the United States on the United States-Mexico
international border or the commercial zones of such municipalities
(border commercial zones).
    On July 8, 2011, FMCSA announced in the Federal Register [76 FR
40420] its intent to proceed with the initiation of a U.S.-Mexico
cross-border long-haul trucking pilot program to test and demonstrate
the ability of Mexico-domiciled motor carriers to operate safely in the
United States beyond the border commercial zones as detailed in the
Agency's April 13, 2011, Federal Register notice [76 FR 20807]. The
pilot program is a part of FMCSA's implementation of the North American
Free Trade Agreement (NAFTA) cross-border long-haul trucking provisions
in compliance with section 6901(b)(2)(B) of the Act. FMCSA reviewed,
assessed, and evaluated the required safety measures as noted in the
July 8, 2011, notice and considered all comments received on or before
May 13, 2011, in response to the April 13, 2011, notice. Additionally,
to the extent practicable, FMCSA considered comments received after May
13, 2011.
    In accordance with section 6901(b)(2)(B)(i) of the Act, FMCSA is
required to publish in the Federal Register, and provide sufficient
opportunity for public notice and comment comprehensive data and
information on the PASAs conducted of motor carriers domiciled in
Mexico that are granted authority to operate beyond the border
commercial zones. This notice serves to fulfill this requirement.
    FMCSA is publishing for public comment the data and information
relating to one PASA that was completed on November 15, 2011. FMCSA
announces that the Mexico-domiciled motor carrier in Table 1
successfully completed the PASA. Notice of this completion was also
published in the FMCSA Register.
    Tables 2, 3 and 4 all titled (``Successful Pre-Authorization Safety
Audit (PASA) Information'') set out additional information on the
carrier(s) noted in Table 1. A narrative description of each column in
the tables is provided as follows:
    A. Row Number in the Appendix for the Specific Carrier: The row
number for each line in the tables.
    B. Name of Carrier: The legal name of the Mexico-domiciled motor
carrier that applied for authority to operate in the United States
(U.S.) beyond the border commercial zones and was considered for
participation in the long-haul pilot program.
    C. U.S. DOT Number: The identification number assigned to the
Mexico-domiciled motor carrier and required to be displayed on each
side of the motor carrier's power units. If granted provisional
operating authority, the Mexico-domiciled motor carrier will be
required to add the suffix ``X'' to the ending of its assigned U.S. DOT
Number for those vehicles approved to participate in the pilot program.
    D. FMCSA Register Number: The number assigned to the Mexico-
domiciled motor carrier's operating authority as found in the FMCSA
Register.
    E. PASA Initiated: The date the PASA was initiated.
    F. PASA Completed: The date the PASA was completed.
    G. PASA Results: The results upon completion of the PASA. The PASA
receives a quality assurance review before approval. The quality
assurance process involves a dual review by the FMCSA Division Office
supervisor of the auditor assigned to conduct the PASA and by the FMCSA
Service Center New Entrant Specialist designated for the specific FMCSA
Division Office. This dual review ensures the successfully completed
PASA was conducted in accordance with FMCSA policy, procedures and
guidance. Upon approval, the PASA results are uploaded into the FMCSA's
Motor Carrier Management Information System (MCMIS). The PASA
information and results are then recorded in the Mexico-domiciled motor
carrier's safety performance record in MCMIS.
    H. FMCSA Register: The date FMCSA published notice of a
successfully completed PASA in the FMCSA Register. The FMCSA Register
notice advises interested parties that the application has been
preliminarily granted and that protests to the application must be
filed within 10 days of the publication date. Protests are filed with
FMCSA Headquarters in Washington, DC. The notice in the FMCSA Register
lists the following information:
    a. Current registration number (e.g., MX-123456);
    b. Date the notice was published in the FMCSA Register;
    c. The applicant's name and address; and
    d. Representative or contact information for the applicant.
    The FMCSA Register may be accessed through FMCSA's Licensing and

Insurance public Web site at http://li-public.fmcsa.dot.gov/, and
selecting FMCSA Register in the drop down-menu.
    I. U.S. Drivers: The total number of the motor carrier's drivers
approved for long-haul transportation in the United States beyond the
border commercial zones.
    J. U.S. Vehicles: The total number of the motor carrier's power
units approved for long-haul transportation in the United States beyond
the border commercial zones.
    K. Passed Verification of 5 Elements (Yes/No): A Mexico-domiciled
motor carrier will not be granted provisional operating authority if
FMCSA cannot verify all of the following five mandatory elements. FMCSA
must:
    a. Verify a controlled substances and alcohol testing program
consistent with 49 CFR part 40.
    b. Verify a system of compliance with hours-of-service rules of 49
CFR part 395, including recordkeeping and retention;
    c. Verify the ability to obtain financial responsibility as
required by 49 CFR 387, including the ability to obtain insurance in
the United States;
    d. Verify records of periodic vehicle inspections; and
    e. Verify the qualifications of each driver the carrier intends to
use under such authority, as required by 49 CFR parts 383 and 391,
including confirming the validity of each driver's Licencia Federal de
Conductor and English language proficiency.
    L. If No, Which Element Failed: If FMCSA cannot verify one or more
of the five mandatory elements outlined in 49 CFR part 365, Appendix A,
Section III, this column will specify which mandatory element(s) cannot
be verified.
    Please note that for items L through P below, during the PASA,
after verifying the five mandatory elements discussed in item K above,
FMCSA will gather information by reviewing a motor carrier's compliance
with ``acute and critical'' regulations of the Federal Motor Carrier
Safety Regulations (FMCSRs) and Hazardous Materials Regulations (HMRs).
Acute regulations are those where noncompliance is so severe as to
require immediate corrective actions by a motor carrier regardless of
the overall basic safety management controls of the motor carrier.
Critical regulations are those where noncompliance relates to
management and/or operational controls. These regulations are
indicative of breakdowns in a carrier's management controls. A list of
acute and critical regulations is included in 49 CFR part 385, Appendix
B, Section VII.
    Parts of the FMCSRs and HMRs having similar characteristics are
combined together into six regulatory areas called ``factors.'' The
regulatory factors are intended to evaluate the adequacy of a carrier's
management controls.
    M. Passed Phase 1, Factor 1: A ``yes'' in this column indicates the
carrier has successfully met Factor 1 (listed in part 365, Subpart E,
Appendix A, Section IV(f)). Factor 1 includes the General Requirements
outlined in parts 387 (Minimum Levels of Financial Responsibility for
Motor Carriers) and 390 (Federal Motor Carrier Safety Regulations--
General).
    N. Passed Phase 1, Factor 2: A ``yes'' in this column indicates the
carrier has successfully met Factor 2, which includes the Driver
Requirements outlined in parts 382 (Controlled Substances and Alcohol
Use and Testing), 383 (Commercial Driver's License Standards;
Requirements and Penalties) and 391 (Qualifications of Drivers and
Longer Combination Vehicle (LCV) Driver Instructors).
    O. Passed Phase 1, Factor 3: A ``yes'' in this column indicates the
carrier has successfully met Factor 3, which includes the Operational
Requirements outlined in parts 392 (Driving of Commercial Motor
Vehicles) and 395 (Hours of Service of Drivers).
    P. Passed Phase 1, Factor 4: A ``yes'' in this column indicates the
carrier has successfully met Factor 4, which includes the Vehicle
Requirements outlined in parts 393 (Parts and Accessories Necessary for
Safe Operation) and 396 (Inspection, Repair and Maintenance) and
vehicle inspection and out-of-service data for the last 12 months.
    Q. Passed Phase 1, Factor 5: A ``yes'' in this column indicates the
carrier has successfully met Factor 5, which includes the hazardous
material requirements outlined in parts 171 (General Information,
Regulations, and Definitions), 177 (Carriage by Public Highway), 180
(Continuing Qualification and Maintenance of Packagings) and 397
(Transportation of Hazardous Materials; Driving and Parking Rules).
    R. Passed Phase 1, Factor 6: A ``yes'' in this column indicates the
carrier has successfully met Factor 6, which includes Accident History.
This factor is the recordable accident rate during the past 12 months.
A recordable ``accident'' is defined in 49 CFR 390.5, and means an
accident involving a commercial motor vehicle operating on a public
road in interstate or intrastate commerce which results in a fatality;
a bodily injury to a person who, as a result of the injury, immediately
received medical treatment away from the scene of the accident; or one
or more motor vehicles incurring disabling damage as a result of the
accident requiring the motor vehicle to be transported away from the
scene by a tow truck or other motor vehicle.
    S. Number U.S. Vehicles Inspected: The total number of vehicles
(power units) the motor carrier is approved to operate in the United
States beyond the border commercial zones that received a vehicle
inspection during the PASA. During a PASA, FMCSA inspected all power
units to be used by the motor carrier in the pilot program and applied
a current Commercial Vehicle Safety Alliance (CVSA) inspection decal,
if the inspection is passed successfully. This number reflects the
vehicles that were inspected, irrespective of whether the vehicle
received a CVSA inspection at the time of the PASA decal as a result of
a passed inspection.
    T. Number U.S. Vehicles Issued CVSA Decal: The total number of
inspected vehicles (power units) the motor carrier is approved to
operate in the United States beyond the border commercial zones that
received a CVSA inspection decal as a result of an inspection during
the PASA.
    U. Controlled Substances Collection: Refers to the applicability
and/or country of origin of the controlled substance and alcohol
collection facility that will be used by a motor carrier that has
successfully completed the PASA.
    a. ``US'' means the controlled substance and alcohol collection
facility is based in the United States.
    b. ``MX'' means the controlled substance and alcohol collection
facility is based in Mexico.
    c. ``Non-CDL'' means that during the PASA, FMCSA verified that the
motor carrier is not utilizing commercial motor vehicles subject to the
commercial driver's license requirements as defined in 49 CFR 383.5
(Definition of Commercial Motor Vehicle). Any motor carrier that does
not operate commercial motor vehicles as defined in Sec.  383.5 is not
subject to DOT controlled substance and alcohol testing requirements.
    V. Name of Controlled Substances and Alcohol Collection Facility:
Shows the name and location of the controlled substances and alcohol
collection facility that will be used by a Mexico-domiciled motor
carrier who has successfully completed the PASA.

                                 Table 1
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Row number in Tables 2, 3 and 4
   of the Appendix to today's        Name of carrier        USDOT No.
             notice
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1..............................  Baja Express                   2194257
                                  Transportes SA de CV.
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                                                              Table 2--Successful Pre-Authorization Safety Audit (PASA) Information
                                                                                [See also Tables 3 and 4]
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                                                                                Column E--    Column F--                            Column H--
          Column A--Row No.              Column B--name of    Column C--US      Column D--FMCSA         PASA          PASA      Column G--PASA results      FMCSA     Column I--US  Column J--US
                                              carrier            DOT No.         Register No.         initiated     completed                             Register       drivers      vehicles
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1...................................  Baja Express                2194257   Pending...............      11/8/11      11/15/11   Pass..................     02/27/12             1             1
                                       Transportes SA de CV.
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                                                              Table 3--Successful Pre-Authorization Safety Audit (PASA) Information
                                                                                [See also Tables 2 and 4]
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                                                                                Column K--passed    Column L--if
       Column A--Row No.        Column B--name of  Column C--US   Column D--FMCSA   verification of 5     no, which      Column M--passed   Column N--passed  Column O--passed  Column P--passed
                                     carrier          DOT No.       Register No.    elements (yes/no)   element failed   phase 1 factor 1   phase 1 factor 2  phase 1 factor 3  phase 1 factor 4
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1.............................  Baja Express           2194257   Pending..........  Yes..............  ...............  Pass.............  Pass.............  Pass............  Pass
                                 Transportes SA
                                 de CV.
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                                                  Table 4--Successful Pre-Authorization Safety Audit (PASA) Information as of September 9, 2011
                                                                                [See also Tables 2 and 3]
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                                                                                Column T--                      Column V--name of
                                                                                Column S--     number US      Column U--         controlled
        Column A--Row No.          Column B--name of   Column C--US    Column D--FMCSA    Column Q--passed   Column R--passed     number US     vehicles       controlled       substances and
                                        carrier           DOT No.        Register No.     phase 1 factor 5   phase 1 factor 6     vehicles     issued CVSA      substance     alcohol collection
                                                                                inspected       decal        collection          facility
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1...............................  Baja Express             2194257   Pending............  N/A.............  Pass..............            1             1   U.S.............  Fernando Ruiz, Inc
                                   Transportes SA de
                                   CV.
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    In an effort to provide as much information as possible for review,
the application and PASA results for this carrier are posted at the
Agency's Web site for the pilot program at http://www.fmcsa.dot.gov/intl-programs/trucking/Trucking-Program.aspx. For carriers that
participated in the Agency's demonstration project that ended in 2009,
copies of the previous PASA and compliance review, if conducted, are
also posted. All documents were redacted so that personal information
regarding the drivers is not released. Sensitive business information,
such as the carrier's tax identification number, is also redacted. In
response to previous comments received regarding the PASA notice
process, FMCSA also posted copies of the vehicle inspections conducted
during the PASA in the PASA document.
    A list of the carrier's vehicles approved by FMCSA for use in the
pilot program is also available at the above referenced Web site.
    To date, no carriers have failed the PASA. The Act only requires
publication of data for carriers receiving operating authority, as
failure to successfully complete the PASA precludes the carrier from
being granted authority to participate in the long-haul pilot program.
FMCSA will publish this information to show motor carriers that failed
to meet U.S. safety standards.

Request for Comments

    In accordance with the Act, FMCSA requests public comment from all
interested persons on the PASA information presented in this notice.
All comments received before the close of business on the comment
closing date indicated at the beginning of this notice will be
considered and will be available for examination in the docket at the
location listed under the ADDRESSES section of this notice. Comments
received after the comment closing date will be filed in the public
docket and will be considered to the extent practicable. In addition to
late comments, the FMCSA will also continue to file, in the public
docket, relevant information that becomes available after the comment
closing date. Interested persons should continue to examine the public
docket for new material.
    FMCSA notes that under its regulations, preliminary grants of
authority, pending the carrier's showing of compliance with insurance
and process agent requirements and the resolution of any protests, are
publically noticed through publication in the FMCSA Register. Any
protests of such grants must be filed within 10 days of publication of
notice in the FMCSA Register.

    Issued on: February 24, 2012.
William A. Bronrott,
Deputy Administrator.
[FR Doc. 2012-4873 Filed 2-28-12; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: September 7, 2010 (Volume 75, Number 172)]
[Notices]
[Page 54410-54411]
[DOCID:fr07se10-79]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62801; File No. SR-OCC-2010-13]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing of a Proposed Rule Change To Allow for Adjustments to
the Settlement Price of Exchange-Designated Security Futures for All
Cash Dividends or Distributions Paid by the Issuer of the Underlying
Security

August 31, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on August 19, 2010, The
Options Clearing Corporation (``OCC'') filed with the Securities and
Exchange Commission (``Commission'') and on August 25, 2010, amended
the proposed rule change as described in Items I and II below, which
items have been prepared primarily by OCC. The Commission is publishing
this notice to solicit comments from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The purpose of the proposed rule change is to revise OCC's By-Laws
to allow OCC to make adjustments to the settlement price of exchange-
designated security futures for all cash dividends or distributions
paid by the issuer of the underlying security.

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

    In its filing with the Commission, OCC included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. OCC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of such
statements.\2\
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    \2\ The Commission has modified the text of the summaries
prepared by OCC.
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(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    The primary purpose of this proposed rule change is to revise OCC's
By-Laws to allow OCC to make adjustments to the settlement price of
exchange-designated security futures for all cash dividends or
distributions paid by the issuer of the underlying security. Under its
current rules, OCC makes such adjustments only for ``non-ordinary''
dividends. However, OneChicago, LLC (``OneChicago'') has informed OCC
that it believes there is a demand for security futures that would be
adjusted in response to all cash dividends or distributions.
Accordingly, OCC is proposing to amend Section 3 of Article XII of its
By-Laws to permit exchanges to designate certain security futures that
would be adjusted for ordinary as well as ``non-ordinary'' dividends.
Exchanges could continue to trade security futures that would be
adjusted only in the event of a ``non-ordinary'' dividend.
    For security futures subject to adjustment for all cash dividends
or distributions, it would be the exchange's responsibility to inform
OCC of the issuance of a cash dividend or distribution and the
appropriate adjustment amount. Provided that such information
(including any corrections thereto) is reported to OCC before a
designated cut-off time prior to the ex-date, OCC would then make the
appropriate adjustment to the settlement price of the security futures
contract. Such adjustments would be effective before the opening of
business on the ex-date.\3\ If the exchange failed to report dividend
or distribution information to OCC on a timely basis or reported
incorrect dividend or distribution information to OCC, then the
exchange would be able to report such information or corrected
information to OCC on the ex-date, and OCC would effect the adjustment
as soon as practicable thereafter.\4\ In the event the exchange already
opened trading in the security futures contracts affected thereby, the
exchange would provide OCC with direction on whether such trades should
be cleared or disregarded as provided for in Article VI, Section 7 of
OCC's By-Laws. Pursuant thereto, disregarded transactions would be
deemed null and void and given no effect. These procedures are intended
to preserve OCC's ability to initiate and conduct nightly processing on
a timely basis, but they also provide the exchange with the opportunity
to report to OCC dividend or distribution information that was not
available to it before OCC's processing cut-offs or to correct
erroneously reported information to ensure an appropriate adjustment to
the settlement price for the affected contracts.
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    \3\ The standard method for adjusting futures contracts in
response to cash distributions is to decrease the prior day's
settlement price by the amount of the dividend. This adjustment is
effective at the opening of business on the ex-distribution date and
parallels the adjustment made to the price of the underlying stock
by the securities exchanges on the ex-distribution date. It is
intended to ensure that no futures mark-to-the-market attributable
to the adjustment made to the stock price for the dividend will
occur.
    \4\ OCC also proposes to add Interpretation and Policy .10 to
Article XII, Section 3 that provides that officially reported
settlement prices will not be adjusted (other than as provided for
in the By-Laws and Rules) except in extraordinary circumstances. The
Interpretation further provides that in no event will a completed
settlement be adjusted due to errors discovered thereafter. This
latter provision is intended to preserve the finality of money
settlements should it be later determined that an officially
reported settlement price was erroneous and is based on existing
provisions of OCC's By-Laws. See, e.g., Article XIV, Section 6,
Interpretation and Policy .01; Article XVI, Section 4,
Interpretation and Policy .01; and Article XVII, Section 4,
Interpretation and Policy .01.
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    In connection with OneChicago's proposal, OneChicago and OCC also
have agreed to amend the Security Futures Agreement for Clearing and
Settlement Services, dated April 1, 2002 (the ``Clearing Agreement''),
by entering into Amendment No. 1 thereto.\5\ Amendment No. 1 would
amend Section 5 of the Clearing Agreement to permit OneChicago to
designate those security futures contracts for which adjustments will
be made in response to all cash dividends or distributions and to set
forth for OneChicago's obligation to furnish OCC with notice of all
relevant information regarding such dividends or distributions in order
for

OCC to adjust the settlement price of the affected security future as
described above. Amended Section 5 further extends the current
indemnification provided by OneChicago to OCC to also cover losses
resulting from adjusting security futures in accordance with dividend
or distribution information supplied by OneChicago or failing to adjust
in the event OneChicago did not supply OCC with information regarding
such an adjustment.
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    \5\ Amendment No. 1, which will be executed after the
effectiveness of this filing, would amend and restate Section 5 of
the Clearing Agreement.
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    OCC believes that the proposed rule change is consistent with the
requirements of Section 17A of the Act,\6\ as amended, and the rules
and regulations thereunder applicable to OCC because it is designed to
promote the prompt and accurate clearance and settlement of security
transactions and generally to protect investors and the public interest
by allowing the clearing and settling of security futures contracts
that reflect the issuance of all cash dividends or distributions on the
underlying security.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

(B) Self-Regulatory Organization's Statement on Burden on Competition

    OCC does not believe that the proposed rule change will have an
impact on or impose a burden on competition.

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

    No written comments relating to the proposed rule change have been
solicited or received. OCC will notify the Commission of any written
comments received by OCC.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to ninety days of such date if it finds such longer period
to be appropriate and publishes its reasons for so finding or (ii) as
to which the self-regulatory organization consents, the Commission
will:
    (A) By order approve or disapprove the proposed rule change or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-OCC-2010-13 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-OCC-2010-13. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Section, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of OCC and on OCC's Web
site at http://www.theocc.com. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-OCC-2010-13 and should be submitted on or before
September 28, 2010.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-22209 Filed 9-3-10; 8:45 am]
BILLING CODE 8010-01-P


season as May through September.

 On a state-by-state basis, the standard deviation was calculated from
the set of yearly difference values.  As described, the yearly values
were the difference between the actual heat input and the estimated heat
input (using the regression equation) for each year.

 The two-tailed 95th percent confidence level is the equivalent of the
97.5th upper (single-tailed) confidence level.  Hereafter in this TSD,
the “95th“ percent confidence level refers to the two-tailed 95th
percent confidence level.

 EPA developed the proposed variability limits in parallel with
developing the overall control requirements.  As such, while these IPM
runs used to develop the variability limits assumed reasonable levels of
emissions control, they are not identical to the final control strategy
chosen for the proposed rule.  Whereas IPM output files report
aggregated results for "model" plants (i.e., aggregates of generating
units with similar operating characteristics), parsed files show IPM
results at the generating unit level.  The IPM runs that are the bases
for the 2014 parsed files used to derive the state-specific rates are
designated “TR_SO2_1600”, “TR_NOX_500”, and “TR_NOX_OS_500”
for SO2, annual NOX, and ozone season NOX rates, respectively.  The IPM
runs and parsed files can be found in the docket; Docket ID No.
EPA-HQ-OAR-2009-0491.

  Tables 10, 12, and 14 also show resulting estimated emission
variability values based on the alternative approach (see columns
labeled “Alternative approach value”).

   Similar tables based on the alternative approach (where the max. heat
input over the time period was found relative to the average value over
the period) are in Appendix A.

 EPA developed the proposed variability limits in parallel with
developing the overall control requirements.  As such, while the
particular “optimal” 1-year tonnage and percentage limits presented
here are close to the optimal values (presented in Tables 15, 16, and
17), they are not exact because during the development of the limits,
changes were made in the states covered by the proposed rule.  The IPM
modeling and CAMx air quality modeling for the proposed rule used these
values.  As discussed in the preamble, EPA requests comment on the
variability limits.

 Moore, David S. and George P. McCabe. Introduction to the Practice of
Statistics. 2nd ed. New York: W.H. Freeman and Company, 1993. p.395.

 http://en.wikipedia.org/wiki/Variance

 The states included in this analysis were Alabama, Connecticut,
Delaware, District of Columbia, Florida, Georgia, Illinois, Indiana,
Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan,
Minnesota, Missouri, Nebraska, New Jersey, New York, North Carolina,
Ohio, Pennsylvania, South Carolina, Tennessee, Virginia, West Virginia,
and Wisconsin.

  PAGE  1


[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Proposed Rules]
[Pages 33147-33149]
[FR Doc No: 2021-12833]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2020-0893; Notice No. 25-21-02-SC]

Special Conditions: Pro Star Aviation LLC, Bombardier Model CL-
600-2B16 Airplanes; Installation of an Infrared Laser Countermeasure
System.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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

SUMMARY: This action proposes special conditions for the Bombardier
Model CL-600-2B16 (Bombardier) airplane. This airplane, as modified by
Pro Star Aviation LLC (Pro Star Aviation), will have a novel or unusual
design feature when compared to the state of technology envisioned in
the airworthiness standards for transport category airplanes. This
design feature is a system that emits infrared laser energy outside the
aircraft as a countermeasure against heat-seeking missiles. The
applicable airworthiness regulations do not contain adequate or
appropriate safety standards for this design feature. These proposed
special conditions contain the additional safety standards that the
Administrator considers necessary to establish a level of safety
equivalent to that established by the existing airworthiness standards.

DATES: Send comments on or before August 9, 2021.

ADDRESSES: Send comments identified by Docket No. FAA-2020-0893 using
any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: Except for Confidential Business Information (CBI) as
described in the following paragraph, and other information as
described in 14 CFR 11.35, the FAA will post all comments received
without change, to http://www.regulations.gov/, including any personal
information you provide. The FAA will also post a report summarizing
each substantive verbal contact received about this proposal.

Confidential Business Information

    Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this document contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to this document, it is important that
you clearly designate the submitted comments as CBI. Please mark each
page of your submission containing CBI as ``PROPIN.'' The FAA will
treat such marked submissions as confidential under the FOIA, and they
will not be placed in the public docket of this document. Send
submissions containing CBI to the person indicated in the Contact
section below. Comments that the FAA receives which are not
specifically designated as CBI will be placed in the public docket for
this rulemaking.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Eric Peterson, Safety Risk Management
Section, AIR-633, Policy and Innovation Division, Aircraft
Certification Service, Federal Aviation Administration, 2200 South
216th Street, Des Moines, Washington 98198; telephone and fax 206-231-
3413; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2020-0893'' at the beginning
of your comments. The most helpful comments reference a specific
portion of the special conditions, explain the reason for any
recommended change, and include supporting data.
    The FAA will consider all comments received by the closing date and
may amend these special conditions because of those comments.

Background

    On December 7, 2018, Pro Star Aviation applied for a supplemental
type certificate to install a ``Large Aircraft Infrared Countermeasure
(LAIRCM)'' system, which directs infrared laser energy toward heat-
seeking missiles, on the Bombardier Model CL-600-2B16 airplane. This
airplane, which is a derivative of the Bombardier Model CL-600 series
airplanes currently approved under Type Certificate No. A21EA, is a
twin-engine business jet with seating for 20 passengers and two
crewmembers, and a maximum takeoff weight of 47,600 pounds.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14
CFR 21.101), Pro Star Aviation must show that the Bombardier Model CL-
600-2B16 airplane, as changed, continues to meet the applicable
provisions of the regulations listed in Type Certificate No. A21EA, or
the applicable regulations in effect on the date of application for the
change, except for earlier amendments as agreed upon by the FAA.
    If the Administrator finds that the applicable airworthiness
regulations (e.g., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Bombardier Model CL-600-2B16

airplane because of a novel or unusual design feature, special
conditions are prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the applicant apply for a supplemental type
certificate to modify any other model included on the same type
certificate to incorporate the same novel or unusual design feature,
these special conditions would also apply to the other model under
Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Bombardier Model CL-600-2B16 airplane must comply with
the fuel-vent and exhaust-emission requirements of 14 CFR part 34, and
the noise-certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Bombardier Model CL-600-2B16 airplane, as modified by Pro Star
Aviation, will incorporate the following novel or unusual design
feature:
    A system that emits infrared laser energy outside the aircraft.

Discussion

    In recent years, in several incidents abroad, civilian aircraft
were fired upon by man-portable air defense systems (MANPADS). This has
led several companies to design and adapt systems like LAIRCM for
installation on civilian aircraft, to protect those aircraft against
heat-seeking missiles. Pro Star Aviation's LAIRCM system directs
infrared laser energy toward an incoming missile, in an effort to
interrupt the missile's tracking of the aircraft's heat.
    Infrared laser energy can pose a hazard to persons on the aircraft,
on the ground, and on other aircraft. The risk is heightened because
infrared light is invisible to the human eye. Human exposure to
infrared laser energy can result in eye and skin damage, and affect a
flight crew's ability to control the aircraft. Infrared laser energy
can also affect other aircraft, whether airborne or on the ground, and
property, such as fuel trucks and airport equipment, in a manner that
adversely affects aviation safety.
    FAA design standards for transport category airplanes did not
envisage that a design feature could project infrared laser energy
outside the airplane. The FAA's design standards are inadequate to
address this capability. Therefore, this system is a novel or unusual
design feature, and the FAA has developed these proposed special
conditions to establish a level of safety equivalent to that of the
regulations.
    Special conditions are also warranted, per 14 CFR 21.16, because
FAA design standards are inappropriate for this design feature. 14 CFR
25.1301 requires installed equipment to be of a design that is
appropriate for its intended function. The FAA has no basis to
determine whether this LAIRCM system will successfully perform its
intended function of thwarting heat-seeking missiles.
    The special conditions that the FAA proposes to address the
installation of the LAIRCM system on this model of airplane are as
follows.
    Ground Activation. Condition 1 requires the design to have means to
prevent inadvertent operation of the system while the airplane is on
the ground, including during maintenance. These means must identify and
address all foreseeable failure modes that may result in inadvertent
operation. These modes include errors in airplane maintenance and
operating procedures, such as erroneously setting the system to ``air''
mode while the airplane is on the ground. The applicant could show such
failure modes, their risks, and how they will be addressed, by
conducting safety assessments and incorporating prevention strategies
into the design.
    In-Flight Activation. Condition 2 requires that the system be
designed so that in-flight operation does not result in damage to the
airplane or to other aircraft, or injury to any person. To account for
these effects, the applicant's analysis should include effects from the
system's erroneous operation, from system failures, and from failures
that may not be readily detectable prior to flight (i.e. latent
failures). The applicant may address this condition through safety
assessments and incorporation of prevention strategies into its design.
The ``operation'' addressed by Condition 2 includes all operation of
the system, whether intentional, inadvertent, or automatic.
    Markings, instructions, and other information. Conditions 3, 4, and
5 are intended to protect certain categories of persons based upon
their expected interaction with the system. These conditions require
the design to supply certain safety information to these persons.
    Condition 3 requires the design to provide pertinent laser-safety
information to maintenance and service personnel at the location of the
installation. At a minimum, such ``pertinent'' information will include
information about potential hazards to persons who are using optical
magnification devices, such as magnifying glasses or binoculars. The
warning information should be consistent with the laser's
classification in 21 CFR parts 1000-1010.
    Condition 4 requires the airplane instructions for continued
airworthiness to contain the appropriate warnings related to the
laser's classification. Like the warning information to be provided at
the location of the laser system's installation, the purpose of this
condition is to ensure any person maintaining the system is aware of
the hazards, including those related to the use of magnifying glasses
or binoculars.
    Condition 5 requires the applicant to update the airplane operating
limitations and information required under 14 CFR 25.1581. The airplane
flight-manual supplement insert must describe the intended function of
the LAIRCM system, its intended operation, and the phases of flight in
which it may be used. The insert also must add a caution that describes
the significant risk of injury the LAIRCM system poses to others while
in proximity to other aircraft, airports, and populated areas.
    These proposed special conditions contain the additional safety
standards that the Administrator considers necessary to establish a
level of safety equivalent to that established by the existing
airworthiness standards.
    After considering public comment, should the FAA impose these
special conditions on the applicant, and issue a supplemental type
certificate for the installation of this system, such approvals would
not constitute approval to operate the system. FAA Advisory Circular
70-1, Outdoor Laser Operations, provides guidance on obtaining
operational approval.

Applicability

    As discussed above, these special conditions are applicable to the
Bombardier Model CL-600-2B16 airplane with the Pro Star Aviation LAIRCM
system installed. Should Pro Star Aviation apply at a later date for a
supplemental type certificate to modify any other model included on
Type Certificate No. A21EA to incorporate the same novel or unusual
design feature, these special conditions would apply to that model as
well.

Conclusion

    This action affects only a certain novel or unusual design feature
on one model of airplane. It is not a rule of general applicability and
affects only the applicant.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

Authority Citation

    The authority citation for these special conditions is as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, 44701, 44702,
44704.

The Proposed Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the
following special conditions as part of the type certification basis
for the Bombardier Model CL-600-2B16 airplane with the LAIRCM system,
as modified by Pro Star Aviation.
    1. The system must have means that prevent the inadvertent
activation of the system on the ground, including during airplane
maintenance and ground handling. Such means must address all
foreseeable failure modes and operating and maintenance errors.
    2. The system must be designed so that its operation in-flight does
not result in damage to the airplane or other aircraft, or injury to
any person. Operation of the system must not be capable of compromising
continued safe flight and landing of other aircraft and the airplane on
which it is installed, either by direct damage, laser-reflective
damage, or through distraction or incapacitation of crew.
    3. Laser-safety information for maintaining or servicing the
airplane must be prominently placarded on the airplane or LAIRCM system
at the location of the laser installation.
    4. Instructions for continued airworthiness for installation,
removal, and maintenance of the LAIRCM system must contain warnings
appropriate to the laser classification concerning the hazards
associated with exposure to laser radiation. This includes instructions
regarding potential hazards to personnel who are using optical
magnification devices such as magnifying glasses or binoculars.
    5. The airplane flight manual supplement (AFMS) must describe the
intended functions of the installed laser systems, to include
identifying the intended operations and phases of flight. The AFMS must
state, ``CAUTION: The operation of the installed laser system could
pose significant risk of injury to others while in proximity to other
aircraft, airports, and populated areas.''

    Issued in Kansas City, Missouri, on June 14, 2021.
Patrick R. Mullen,
Manager, Technical Innovation Policy Branch, Policy and Innovation
Division, Aircraft Certification Service.
[FR Doc. 2021-12833 Filed 6-23-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: July 16, 2008 (Volume 73, Number 137)]
[Notices]
[Page 40871-40873]
[DOCID:fr16jy08-77]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0518; FRL-8372-3]

Chloropicrin, Dazomet, Metam Sodium/Potassium, and Methyl Bromide
Reregistration Eligibility Decisions; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the availability of EPA's Reregistration
Eligibility Decisions (REDs) for the soil fumigant pesticides
chloropicrin, dazomet, metam sodium/potassium, and methyl bromide, and
opens a public comment period on these documents. The Agency's risk
assessments and other related documents also are available in the
Dockets for these pesticides, listed in the Table in Unit II. Soil
fumigants are used to kill soil-borne pests in producing many crops,
including primarily potatoes, tomatoes, strawberries carrots, and
peppers. EPA has reviewed chloropicrin, dazomet, metam sodium/
potassium, and methyl bromide through the public participation process
that the Agency uses to involve the public in developing pesticide
reregistration and tolerance reassessment decisions. Through these
programs, EPA is ensuring that all pesticides meet current health and
safety standards.

DATES: Comments must be received on or before September 15, 2008.

ADDRESSES: Submit your comments, identified by the docket
identification (ID) number(s) for the specific pesticide(s) of interest
provided in the Table in Unit II., by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to the Docket ID number(s)
listed in the Table in Unit II. for the pesticide(s) you are commenting
on. EPA's policy is that all comments received will be included in the
docket without change and may be made available on-line at http://
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through regulations.gov or e-mail. The
regulations.gov website is an ``anonymous access'' system, which means
EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through regulations.gov, your e-mail
address will be automatically captured and included as part of the
comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov

website to view the docket index or access available documents.
Although, listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either in the electronic docket at http://
www.regulations.gov, or, if only available in hard copy, at the OPP
Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The hours of operation of this
Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: For pesticide-specific information
contact the Chemical Review Manger identified in the Table in Unit II.
for the pesticide of interest.
     For general information contact: John Leahy, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address: leahy.john @epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

A. What Action is the Agency Taking?

    Under section 4 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is reevaluating existing pesticides to
ensure that they meet current scientific and regulatory standards. EPA
has completed REDs for the soil fumigant pesticides, chloropicrin,
dazomet, metam sodium/potassium, and methyl bromide under section
4(g)(2)(A) of FIFRA. Soil fumigants are used to kill soil-borne pests
in producing many crops, including primarily potatoes, tomatoes,
strawberries, carrots, and peppers. EPA has determined that the data
base to support reregistration is substantially complete and that
products containing these pesticides are eligible for reregistration,
provided the risks are mitigated either in the manner described in the
RED or by another means that achieves equivalent risk reduction. Upon
submission of any required product specific data under section
4(g)(2)(B) of FIFRA and any necessary changes to the registration and
labeling (either to address concerns identified in the RED or as a
result of product specific data), EPA will make a final reregistration
decision under section 4(g)(2)(C) of FIFRA for products containing
chloropicrin, dazomet, metam sodium/potassium, and methyl bromide.

      Table 1.--Reregistration Eligibility Decision Dockets Opening
------------------------------------------------------------------------
                                                        Chemical Review
  Reregistration Case Name and                        Manager, Telephone
             Number                Docket ID Number     Number, E-mail
                                                            Address
------------------------------------------------------------------------
Chloropicrin, 0040                EPA-HQ-OPP-2007-03  Andrea Carone
                                   50<PHONE_NUMBER>
                                                      *COM001*carone.and
<EMAIL_ADDRESS>------------------------------------------------------------------------
Dazomet, 2135                     EPA-HQ-OPP-2005-01  Cathryn O'Connell
                                   28<PHONE_NUMBER>
                                                      o'connell.cathryn@
                                                       epa.gov
------------------------------------------------------------------------
Metam sodium/potassium, 2390      EPA-HQ-OPP-2005-01  Dirk Helder
                                   25<PHONE_NUMBER>
<EMAIL_ADDRESS>                                                       v
------------------------------------------------------------------------

Methyl bromide, 0335              EPA-HQ-OPP-2005-01  Steven Weiss
                                   23<PHONE_NUMBER>
<EMAIL_ADDRESS>                                                       ov
------------------------------------------------------------------------

     EPA is applying the principles of public participation to all
pesticides undergoing reregistration . The Agency's Pesticide Tolerance
Reassessment and Reregistration; Public Participation Process,
published in the Federal Register on May 14, 2004, (69 FR 26819) (FRL-
7357-9) explains that in conducting these programs, EPA is tailoring
its public participation process to be commensurate with the level of
risk, extent of use, complexity of issues, and degree of public concern
associated with each pesticide. Due to their uses, risks, and other
factors, chloropicrin, dazomet, metam sodium/potassium, and methyl
bromide were reviewed through the full 6-Phase process. Through this
process, EPA worked extensively with stakeholders and the public to
reach the regulatory decisions for these pesticides.
    The reregistration program is being conducted under congressionally
mandated time frames, and EPA recognizes the need both to make timely
decisions and to involve the public. The Agency is issuing the
chloropicrin, dazomet, metam sodium/potassium, and methyl bromide REDs
for public comment. This comment period is intended to provide an
additional opportunity for public input in particular with regard to
implementation of risk mitigation measures, and a mechanism for
initiating any necessary amendments to the REDs. To assist readers in
providing information that would be most useful to the Agency, EPA is
providing a Commenter's Guide to the Soil Fumigant REDs. This document
is available in the individual dockets listed in the Table in this
Unit, and on EPA's soil fumigants Web page, http://www.epa.gov/
oppsrrd1/reregistration/soil_fumigants/ . All comments should be
submitted using the methods in ADDRESSES and the Docket ID numbers in
the Table in this Unit, and must be received by EPA on or before the
closing date. These comments will become part of the Agency Dockets for
these pesticides. Comments received after the close of the comment
period will be marked ``late.'' EPA is not required to consider these
late comments.
    For each pesticide, the Agency will carefully consider all comments
received by the closing date and will provide a Response to Comments
Memorandum in the Docket and regulations.gov. If any comment
significantly affects the document, EPA also will publish an amendment
to the RED in the Federal Register. In the absence of substantive
comments requiring changes, the chloropicrin, dazomet, metam sodium/
metam potassium, and methyl bromide REDs will be implemented as now
presented.

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

    Section 4(g)(2) of FIFRA, as amended, directs that, after
submission of all data concerning a pesticide active ingredient, the
Administrator shall determine whether pesticides containing such active
ingredient are eligible for reregistration, before calling in product
specific data on individual end-use products and either reregistering
products or taking other ``appropriate regulatory action.''

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: July 8, 2008.
Steven Bradbury,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E8-16266 Filed 7-15-08; 8:45 a.m.]

BILLING CODE 6560-50-S