[Federal Register Volume 86, Number 162 (Wednesday, August 25, 2021)]
[Notices]
[Page 47484]
[FR Doc No: 2021-18294]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for electronic review at the Commission in the Public
Reference Room or may be viewed on the Commission's website at 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, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.
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    \1\ Emailed comments dated 8/11/2021 from Cheryl Noutary.
    \2\ Emailed comments dated 8/15/2021 from Christopher Lish.
    \3\ Emailed comments dated 8/17/2021 from Ulam Alum.
    \4\ Emailed comments dated 8/18/2021 from Maury Johnson.
    \5\ Emailed comments dated 8/17/2021 from Ulam Alum.
    \6\ Commissioner Colleen Roberts.

----------------------------------------------------------------------------------------------------------------
                 Docket Nos.                      File date                  Presenter or requester
----------------------------------------------------------------------------------------------------------------
Prohibited:
    1. P-2082-062, P-2082-063, P-14803-000, P-      8-16-2021  FERC Staff.\1\
     14803-001.
    2. P-1494-438............................       8-17-2021  FERC Staff.\2\
    3. P-14803-001...........................       8-18-2021  FERC Staff.\3\
    4. CP16-10-000...........................       8-19-2021  FERC Staff.\4\
    5. P-14803-001...........................       8-19-2021  FERC Staff.\5\
Exempt:
    P-2082-062...............................       8-18-2021  Jackson County Board of Commissioners.\6\
    P-14803-000..............................
    P-14803-004..............................
----------------------------------------------------------------------------------------------------------------

    Dated: August 19, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-18294 Filed 8-24-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)]
[Notices]
[Page 89457]
[FR Doc No: 2016-29623]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM01-5-000]

Electronic Tariff Filings; Notice of Additional eTariff Type of
Filing Codes

    Take notice that, effective January 3, 2017, the Chief
Administrative Law Judge requires that all settlements in Parts 35,
154, 284 and 341 \1\ proceedings set for trial-type evidentiary hearing
and/or settlement judge procedures before a Presiding Judge or
Settlement Judge must be filed in eTariff. Filers are required to use
the following list of available eTariff Type of Filing Codes (TOFC) to
make these filings in eTariff.\2\
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    \1\ 18 CFR parts 35, 154, 284 and 341 (2016).
    \2\ The type of filing business process categories are described
in the Implementation Guide for Electronic Filing of Parts 35, 154,
284, 300, and 341 Tariff Filings (November 14, 2016), found on the
Commission's Web site, http://www.ferc.gov/docs-filing/etariff/implementation-guide.pdf.

----------------------------------------------------------------------------------------------------------------
               TOFC                      Filing title         Filing category          Description of change
----------------------------------------------------------------------------------------------------------------
1380..............................  ALJ Settlement.......  Compliance...........  Settlement in a Part 35 FPA
                                                                                Traditional Cost of Service
                                                                                and Market Based Rate Program
                                                                                proceeding.
1390..............................  ALJ Settlement.......  Compliance...........  Settlement in a Part 35 FPA
                                                                                Market Based Rate Program
                                                                                proceeding.
1400..............................  ALJ Settlement.......  Compliance...........  Settlement in a Part 154 NGA
                                                                                Gas Pipelines Program
                                                                                proceeding.
1410..............................  ALJ Settlement.......  Compliance...........  Settlement in a Part 284 NGPA
                                                                                311 Gas Pipelines Program
                                                                                proceeding.
1420..............................  ALJ Settlement.......  Compliance...........  Settlement in a Part 341 Oil
                                                                                Pipelines Program proceeding.
----------------------------------------------------------------------------------------------------------------

    For more information, contact H. Keith Pierce, Office of Energy
Market Regulation at<PHONE_NUMBER> or send an email to
<EMAIL_ADDRESS>
    Dated: December 1, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-29623 Filed 12-9-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 215 (Tuesday, November 6, 2012)]
[Notices]
[Pages 66609-66616]
[FR Doc No: 2012-27041]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9749-3]

Twenty-Fifth Update of the Federal Agency Hazardous Waste
Compliance Docket

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Since 1988, the Environmental Protection Agency (EPA) has
maintained a Federal Agency Hazardous Waste Compliance Docket
(``Docket'') under Section 120(c) of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA). Section 120(c)
requires EPA to establish a Docket that contains certain information
reported to EPA by Federal facilities that manage hazardous waste or
from which a reportable quantity of hazardous substances has been
released. As explained further below, the Docket is used to identify
Federal facilities that should be evaluated to determine if they pose a
threat to public health or welfare and the environment and to provide a
mechanism to make this information available to the public.
    Today's notice identifies the Federal facilities not previously
listed on the Docket and reported to EPA since the last update of the
Docket on October 13, 2010. In addition to the list of additions to the
Docket, this notice includes a section with revisions of the previous
Docket list. Thus, the revisions in this update include 52 additions
and 17 deletions, as well as 19 corrections to the Docket since the
previous update. At the time of publication of this notice, the new
total number of Federal facilities listed on the Docket is 2334.

DATES: This list is current as of September 12, 2012.

FOR FURTHER INFORMATION CONTACT: Electronic versions of the Docket and
more information on its implementation can be obtained at http://www.epa.gov/fedfac/documents/docket.htm by clicking on the link for
Update #25 to the Federal Agency Hazardous Waste Compliance Docket or
by contacting

Tim Mott, Federal Agency Hazardous Waste Compliance Docket Coordinator,
Federal Facilities Restoration and Reuse Office (Mail Code 5106P), U.S.
Environmental Protection Agency, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460.

SUPPLEMENTARY INFORMATION:

Table of Contents

1.0 Introduction
2.0 Regional Docket Coordinators
3.0 Revisions of the Previous Docket
4.0 Process for Compiling the Updated Docket
5.0 Facilities Not Included
6.0 Facility Status Reporting
7.0 Information Contained on Docket Listing

1.0 Introduction

    Section 120(c) of CERCLA, 42 United States Code (U.S.C.) 9620(c),
as amended by the Superfund Amendments and Reauthorization Act of 1986
(SARA), requires EPA to establish the Federal Agency Hazardous Waste
Compliance Docket. The Docket contains information on Federal
facilities that is submitted by Federal agencies to EPA under Sections
3005, 3010, and 3016 of the Resource Conservation and Recovery Act
(RCRA), 42 U.S.C. 6925, 6930, and 6937, and under Section 103 of
CERCLA, 42 U.S.C. 9603. Specifically, RCRA Section 3005 establishes a
permitting system for certain hazardous waste treatment, storage, and
disposal (TSD) facilities; RCRA Section 3010 requires waste generators,
transporters and TSD facilities to notify EPA of their hazardous waste
activities; and RCRA Section 3016 requires Federal agencies to submit
biennially to EPA an inventory of their Federal hazardous waste
facilities. CERCLA Section 103(a) requires the owner or operator of a
vessel or onshore or offshore facility to notify the National Response
Center (NRC) of any spill or other release of a hazardous substance
that equals or exceeds a reportable quantity (RQ), as defined by CERCLA
Section 101. Additionally, CERCLA Section 103(c) requires facilities
that have ``stored, treated, or disposed of'' hazardous wastes and
where there is ``known, suspected, or likely releases'' of hazardous
substances to report their activities to EPA.
    CERCLA Section 120(d) requires EPA to take steps to assure that a
Preliminary Assessment (PA) be completed for those sites identified in
the Docket and that the evaluation and listing of sites with a PA be
completed within a reasonable time frame. The PA is designed to provide
information for EPA to consider when evaluating the site for potential
response action or inclusion on the National Priorities List (NPL).
    The Docket serves three major purposes: (1) To identify all Federal
facilities that must be evaluated to determine whether they pose a risk
to human health and the environment sufficient to warrant inclusion on
the National Priorities List (NPL); (2) to compile and maintain the
information submitted to EPA on such facilities under the provisions
listed in Section 120(c) of CERCLA; and (3) to provide a mechanism to
make the information available to the public.
    The initial list of Federal facilities to be included on the Docket
was published in the Federal Register on February 12, 1988 (53 FR
4280). Since then, updates to the Docket have been published on
November 16, 1988 (54 FR 46364); December 15, 1989 (54 FR 51472);
August 22, 1990 (55 FR 34492); September 27, 1991 (56 FR 49328);
December 12, 1991 (56 FR 64898); July 17, 1992 (57 FR 31758); February
5, 1993 (58 FR 7298); November 10, 1993 (58 FR 59790); April 11, 1995
(60 FR 18474); June 27, 1997 (62 FR 34779); November 23, 1998 (63 FR
64806); June 12, 2000 (65 FR 36994); December 29, 2000 (65 FR 83222);
October 2, 2001 (66 FR 50185); July 1, 2002 (67 FR 44200); January 2,
2003 (68 FR 107); July 11, 2003 (68 FR 41353); December 15, 2003 (68 FR
240); July 19, 2004 (69 FR 42989); December 20, 2004 (69 FR 75951);
October 25, 2005 (70 FR 61616); August 17, 2007 (72 FR 46218); November
25, 2008 (73 FR 71644), and October 13, 2010 (75 FR 62810). This notice
constitutes the twenty-fifth update of the Docket.
    Today's notice provides some background information on the Docket.
Additional information on the Docket requirements and implementation
are found in the Docket Reference Manual, Federal Agency Hazardous
Waste Compliance Docket found at http://www.epa.gov/fedfac/documents/docket.htm or obtained by calling the Regional Docket Coordinators
listed below. Today's notice also provides changes to the list of sites
included on the Docket in three areas: (1) Additions, (2) Deletions,
and (3) Corrections. Specifically, additions are newly identified
Federal facilities that have been reported to EPA since the last update
and now are included on the Docket; the deletions section lists Federal
facilities that EPA is deleting from the Docket; and the corrections
section lists changes in the information about the Federal facilities
already listed on the Docket.\1\ The information submitted to EPA on
each Federal facility is maintained in the Docket repository located in
the EPA Regional office of the Region in which the facility is located;
for a description of the information required under those provisions,
see 53 FR 4280 (February 12, 1988). Each repository contains the
documents submitted to EPA under the reporting provisions and
correspondence relevant to the reporting provisions for each facility.
---------------------------------------------------------------------------

    \1\ See Section 3.2 for the criteria for being deleted from the
Docket.
---------------------------------------------------------------------------

    In prior updates, information was also provided regarding No
Further Remedial Action Planned (NFRAP) status changes. However,
information on NFRAP and NPL status is no longer being provided
separately in the Docket update as it is now available at: http://www.epa.gov/fedfac/documents/docket.htm or by contacting to the EPA HQ
Docket Coordinator at the address provided in the FOR FURTHER
INFORMATION CONTACT section of this notice.

2.0 Regional Docket Coordinators

    Contact the following Docket Coordinators for information on
Regional Docket repositories:
    Martha Bosworth (HBS), US EPA Region 1, 5 Post Office Square, Suite
100, Mail Code: OSRR07-2, Boston MA 02109-3912,<PHONE_NUMBER>.
    Helen Shannon (ERRD), US EPA Region 2, 290 Broadway, 18th Floor,
New York, NY 10007-1866, (212) 637- 4260 or Alida Karas (ERRD), US EPA
Region 2, 290 Broadway, New York, NY 10007- 1866,<PHONE_NUMBER>.
    Joseph Vitello (3HS12), US EPA Region 3, 1650 Arch Street,
Philadelphia, PA 19107,<PHONE_NUMBER>.
    Dawn Taylor (4SF-SRSEB), US EPA Region 4, 61 Forsyth St. SW.,
Atlanta, GA 30303,<PHONE_NUMBER>.
    Michael Chrystof (SR-6J), US EPA Region 5, 77 W. Jackson Blvd.,
Chicago, IL 60604,<PHONE_NUMBER>.
    Philip Ofosu (6SF-RA), US EPA Region 6, 1445 Ross Avenue, Dallas,
TX 75202-2733,<PHONE_NUMBER>.
    Todd H. Davis (ERNB), US EPA Region 7, 901 N. Fifth Street, Kansas
City, KS 66101,<PHONE_NUMBER>.
    Ryan Dunham (EPR-F), US EPA Region 8, 1595 Wynkoop Street, Denver,
CO 80202,<PHONE_NUMBER>.
    Debbie Schechter (SFD-6-1), US EPA Region 9, 75 Hawthorne Street,
San Francisco, CA 94105,<PHONE_NUMBER>.
    Monica Lindeman (ECL, ABU  1), US EPA Region 10, 1200
Sixth Avenue, Suite 900, ECL-112, Seattle, WA 98101,

(206) 553-5113 or Ken Marcy (ECL, ABU  1), US EPA Region 10,
1200 Sixth Avenue, Suite 900, ECL-112, Seattle, WA 98101, (206) 463-
1349.

3.0 Revisions of the Previous Docket

    This section includes a discussion of the additions, deletions, and
corrections to the list of Docket facilities since the previous Docket
update.

3.1 Additions

    Today, 52 Federal facilities are being added to the Docket,
primarily because of new information obtained by EPA (for example,
recent reporting of a facility pursuant to RCRA Sections 3005, 3010, or
3016 or CERCLA Section 103). CERCLA Section 120, as amended by the
Defense Authorization Act of 1997, specifies that EPA take steps to
assure that a Preliminary Assessment (PA) be completed within a
reasonable timeframe for those Federal facilities that are included on
the Docket. Among other things, the PA is designed to provide
information for EPA to consider when evaluating the site for potential
response action or listing on the NPL.

3.2 Deletions

    Today, 17 Federal facilities are being deleted from the Docket.
There are no statutory or regulatory provisions that address deletion
of a facility from the Docket. However, if a facility is incorrectly
included on the Docket, it may be deleted from the Docket; this may be
appropriate for a facility for which there was an incorrect report
submitted for hazardous waste activity under RCRA (e.g., 40 CFR Sec.
262.44); a facility that was not Federally-owned or operated at the
time of the listing; facilities included more than once (i.e.,
redundant listings); or when multiple facilities are combined under one
listing. Facilities being deleted no longer will be subject to the
requirements of CERCLA Section 120(d).

3.3 Corrections

    Changes necessary to correct the previous Docket are identified by
both EPA and Federal agencies. The corrections section may include
changes in addresses or spelling, and corrections of the recorded name
and ownership of a Federal facility. In addition, changes in the names
of Federal facilities may be made to establish consistency in the
Docket or between CERCLIS and the Docket. For the Federal facility for
which a correction is entered, the original entry (designated by an
``o''), as it appeared in previous Docket updates, is shown directly
below the corrected entry (designated by a ``c'') for easy comparison.
Today, information is being corrected for 19 facilities.

4.0 Process for Compiling the Updated Docket

    In compiling the newly reported Federal facilities for the update
being published today, EPA extracted the names, addresses, and
identification numbers of facilities from four EPA databases--the
Emergency Response Notification System (ERNS), the Biennial Inventory
of Federal Agency Hazardous Waste Activities, the Resource Conservation
and Recovery Information System (RCRAInfo), and CERCLIS--that contain
information about Federal facilities submitted under the four
provisions listed in CERCLA Section 120(c).
    EPA assures the quality of the information on the Docket by
conducting extensive evaluation of the current Docket list with the
information obtained from the databases identified above to determine
which Federal facilities were, in fact, newly reported and qualified
for inclusion on the update. EPA is also striving to correct errors for
Federal facilities that were previously reported. For example, state-
owned or privately-owned facilities that are not operated by the
Federal government may have been included. Such problems are sometimes
caused by procedures historically used to report and track Federal
facilities data. Representatives of Federal agencies are asked to write
to the EPA HQ Docket Coordinator at the address provided in the FOR
FURTHER INFORMATION CONTACT section of this notice if revisions of this
update information are necessary.

5.0 Facilities Not Included

    Certain categories of facilities may not be included on the Docket,
such as: (1) Federal facilities formerly owned by a Federal agency that
at the time of consideration was not federally-owned or operated; (2)
Federal facilities that are small quantity generators (SQGs) that have
never generated more than 1,000 kg of hazardous waste in any month; (3)
Federal facilities that are solely hazardous waste transportation
facilities, as reported under RCRA Section 3010; and (4) Federal
facilities that have mixed mine or mill site ownership. An EPA policy
issued in June 2003 provided guidance for a site-by-site evaluation as
to whether ``mixed ownership'' mine or mill sites, typically created as
a result of activities conducted pursuant to the General Mining Law of
1872 and never reported under Section 103(a), should be included on the
Docket. For purposes of that policy, mixed ownership mine or mill sites
are those located partially on private land and partially on public
land. This policy is found at http://www.epa.gov/fedfac/pdf/mixownrshpmine.pdf. The policy for not including these facilities may
change; facilities now not included may be added at some point if EPA
determines that they should be included.

6.0 Facility NPL Status Reporting, Including NFRAP Status

    EPA typically tracks the NPL status of Federal facilities listed on
the Docket. An updated list of the NPL status of all Docket facilities,
as well as their NFRAP status, is available at http://www.epa.gov/fedfac/documents/docket.htm or by contacting to the EPA HQ Docket
Coordinator at the address provided in the FOR FURTHER INFORMATION
CONTACT section of this notice. In prior updates, information regarding
NFRAP status changes was provided separately.

7.0 Information Contained on Docket Listing

    The updated information is provided in three tables. The first
table is a list of new Federal facilities that are being added to the
Docket; the second table is a list of Federal facilities that are being
deleted from the Docket and the third table contains corrections of
information included on the Docket.
    The facilities listed in each table are organized by state and then
grouped alphabetically within each state by the Federal agency
responsible for the facility. Under each state heading is listed the
name and address of the facility, the Federal agency responsible for
the facility, the statutory provision(s) under which the facility was
reported to EPA, and a code.\2\ The code key precedes the lists.
---------------------------------------------------------------------------

    \2\ Each Federal facility listed in the update has been assigned
a code that indicates a specific reason for the addition or
deletion. The code precedes this list.
---------------------------------------------------------------------------

    The statutory provisions under which a facility is reported are
listed in a column titled ``Reporting Mechanism.'' Applicable
mechanisms are listed for each facility: For example, Sections 3005,
3010, 3016, 103(c), or Other. ``Other'' has been added as a reporting
mechanism to indicate those Federal facilities that otherwise have been
identified to have releases or threat of releases of hazardous
substances. The National Contingency Plan 40 CFR 300.405 addresses
discovery or notification, outlines what constitutes discovery of a
hazardous substance release, and states that a release may be
discovered in several ways, including:

(1) A report submitted in accordance with Section 103(a) of CERCLA,
i.e., reportable quantities codified at 40 CFR part 302; (2) a report
submitted to EPA in accordance with Section 103(c) of CERCLA; (3)
investigation by government authorities conducted in accordance with
Section 104(e) of CERCLA or other statutory authority; (4) notification
of a release by a Federal or state permit holder when required by its
permit; (5) inventory or survey efforts or random or incidental
observation reported by government agencies or the public; (6)
submission of a citizen petition to EPA or the appropriate Federal
facility requesting a preliminary assessment, in accordance with
Section 105(d) of CERCLA; (7) a report submitted in accordance with
Section 311(b)(5) of the CWA; and (8) other sources. As a policy
matter, EPA generally believes it is appropriate for Federal facilities
identified through the CERCLA discovery and notification process to be
included on the Docket.
    The complete list of Federal facilities that now make up the Docket
and the NPL and NFRAP status are available to interested parties and
can be obtained at http://www.epa.gov/fedfac/documents/docket.htm by
clicking on the link for Federal Agency Hazardous Waste Compliance
Docket Update #25 or by contacting the EPA HQ Docket Coordinator at the
address provided in the FOR FURTHER INFORMATION CONTACT section of this
notice. As of today, the total number of Federal facilities that appear
on the Docket is 2334.

    Dated: October 17, 2012.
Reggie Cheatham,
Director, Federal Facilities Restoration and Reuse Office, Office of
Solid Waste and Emergency Response.

Docket Codes

Categories for Deletion of Facilities

    (1) Small-Quantity Generator.
    (2) Never Federally Owned and/or Operated.
    (3) Formerly Federally Owned and/or Operated but not at time of
listing.
    (4) No Hazardous Waste Generated.
    (5) (This code is no longer used.)
    (6) Redundant Listing/Site on Facility.
    (7) Combining Sites Into One Facility/Entries Combined.
    (8) Does Not Fit Facility Definition.

Categories for Addition of Facilities

    (15) Small-Quantity Generator with either a RCRA 3016 or CERCLA 103
Reporting Mechanism.
    (16) One Entry Being Split Into Two (or more)/Federal Agency
Responsibility Being Split.
    (17) New Information Obtained Showing That Facility Should Be
Included.
    (18) Facility Was a Site on a Facility That Was Disbanded; Now a
Separate Facility.
    (19) Sites Were Combined Into One Facility.
    (19A) New currently Federally owned and/or operated Facility site.

Categories for Corrections of Information About Facilities

    (20) Reporting Provisions Change.
    (20A) Typo Correction/Name Change/Address Change.
    (21) Changing Responsible Federal Agency. (If applicable, new
responsible Federal agency submits proof of previously performed PA,
which is subject to approval by EPA.)
    (22) Changing Responsible Federal Agency and Facility Name. (If
applicable, new responsible Federal agency submits proof of previously
performed PA, which is subject to approval by EPA.)
    (24) Reporting Mechanism Determined To Be Not Applicable After
Review of Regional Files.

                                     Federal Agency Hazardous Waste Compliance Docket Update 25--Additions
--------------------------------------------------------------------------------------------------------------------------------------------------------
          Facility name                 Address                City             State      Zip code         Agency        Reporting mechanism     Code
--------------------------------------------------------------------------------------------------------------------------------------------------------
USDOI BLM Red Top Mine..........  T10S R55W S29,       Alegnagik..........  AK                99555  Interior...........  Other..............        19A
                                   Seward Meridian.
Federal Correctional Complex      1377 Air Expressway  Victorville........  CA                92394  Justice............  3010...............        19A
 Victorville.                      Blvd,.
Naval WPNS Station Seal Beach     2300 5th St........  Norco..............  CA                92860  Navy...............  3010...............        19A
 Det. Coron.
United States Mint..............  155 Herman Street..  San Francisco......  CA                94102  Dept of State......  3010...............        19A
USCG Ballast Point Moorings.....  Navsubbase Ballast   San Diego..........  CA                92106  Homeland Security..  3010...............        19A
                                   Point Drive.
U.S. Appraisers Building/GSA....  630 Sansome Street.  San Francisco......  CA                94111  General Services     3010...............        19A
                                                                                Administration.
U.S. Geological Survey-Marine     599 Seaport Blvd...  Redwood City.......  CA                94063  USGS...............  3010...............        19A
 Facility (MARFAC).
VACHS Veterans Admin Ct           950 Campbell Ave     West Haven.........  CT                06516  Veterans Affairs...  3010...............        19A
 Healthcare System.                Bldg 15.
Smithsonian Inst--Natural         10th & Constitution  Washington.........  DC                20560  ...................  3010...............        19A
 History Bldg.                     Avenue NW.
GSA--St Elizabeth's West Campus.  2701 Martin Luther   Washington.........  DC                20032  GSA................  3010...............        19A
                                   King Ave SE.
Miami VA Healthcare System......  1201 NW 16th St....  Miami..............  FL                33125  Veterans Affairs...  3010...............        19A
DRMO Kalaeloa...................  Midway Street......  Kapolei............  HI                96707  Navy...............  3010...............        19A
Transportation Security           300 Rogers Blvd....  Honolulu...........  HI                96819  TSA................  3010...............        19A
 Administration.
182nd Airlift Wing Air Natl       6915 W Smithville    Peoria.............  IL                61607  Air Force..........  3010...............        19A
 Guard.                            Rd.
Port Allen Lock.................  2101 Ernest Wilson   Port Allen.........  LA                70767  Army...............  3010...............        19A
                                   Dr.

Fort Howard Veterans Affairs      9600 Northpoint Rd.  Fort Howard........  MD                21052  Veterans Affairs...  Other..............        19A
 Medical Center.
James T Rowley Training Center..  9200 Powder Mill Rd  Laurel.............  MD                20708  Homeland Security..  3010...............        19A
Oxon Cove Landfill..............  Oxon Hill Road.....  Oxon Hill..........  MD                20745  Interior...........  103c...............        19A
Uniformed Services Univ/Health    4301 Jones Bridge    Bethesda...........  MD                20814  Navy...............  3010...............        19A
 Sciences.                         Rd.
Department Of Veterans Affairs..  1 V A Center.......  Augusta............  ME                04330  Veterans Affairs...  3010...............        19A
Beaver Island High Level Site...  South End Road.....  Peaine Township....  MI                49782  Homeland Security..  Other..............         17
Cheboygan Housing Vacant Lot....  900 S. Western       Cheboygan..........  MI                49721  Homeland Security..  Other..............        19A
                                   Avenue.
Cheboygan River Range Front       606 Water Street...  Cheboygan..........  MI                49721  Homeland Security..  Other..............         17
 Light.
Detroit Atwater Property........  2660 E. Atwater      Detroit............  MI                48207  Homeland Security..  Other..............        19A
                                   Street.
Menagerie Island Light Station..  Isle Royale          (unincorporated)...  MI                49930  Homeland Security..  Other..............        19A
                                   National Park.
Middle Island Light Station.....  Middle Island......  Alpena Township....  MI                49707  Homeland Security..  Other..............         17
Old Station Ludington...........  101 S. Lakeshore     Ludington..........  MI                49431  Homeland Security..  Other..............         17
                                   Drive.
Old Station Marquette...........  N. Lakeshore Blvd.   Marquette..........  MI                49855  Homeland Security..  Other..............        19A
                                   & E. Ridge Street.
Old Station Portage.............  Coast Guard Road...  Hancock Township...  MI                49930  Homeland Security..  Other..............        19A
Old Station Pt. Huron/Ft Gratiot  Conger & Omar        Port Huron.........  MI                48060  Homeland Security..  Other..............         17
 Light.                            Streets.
Passage Island Light Station....  Isle Royale          (unincorporated)...  MI                49930  Homeland Security..  Other..............        19A
                                   National Park.
Sturgeon Point Light............  Sturgeon Point       Haynes Township....  MI                48740  Homeland Security..  Other..............         17
                                   Scenic Road.
Thunder Bay Island Light Station  Michigan Islands     Alpena Township....  MI                49707  Homeland Security..  Other..............        19A
                                   Nat'l Wildlife
                                   Refuge.
VA Gulf Coast Veterans Health     400 Veterans Avenue  Biloxi.............  MS                39531  Veterans Affairs...  3010...............        19A
 Care System.
Trans Security Administration     5501 Josh            Charlotte..........  NC                28208  TSA................  3010...............        19A
 (CLT).                            Birmingham Pkwy
                                   Ste.
US Postal Service--GMF..........  5640 E Taft Rd.....  Syracuse...........  NY                13220  USPS...............  3010...............        19A
Veterans Administration Medical   79 Middleville Road  Northport..........  NY                11768  Veterans Affairs...  3010...............        19A
 Center N.
United States Merchant Marine     300 Steamboat Road.  Kings Point........  NY                11024  DOT................  3010...............        19A
 Academy.
US VA Hudson Valley Health Care   2094 Albany Post     Montrose...........  NY                10548  Veterans Affairs...  3010...............        19A
 System.                           Road.
Great Kills Landfill--Gateway     210 New York Avenue  Staten Island......  NY            10305-501  DOI................  103c...............        19A
 National Recreation Area.                                                                        9
Youngstown Naval Reserve Center.  315 E Laclede Ave..  Youngstown.........  OH                44507  Navy...............  3010...............        19A
Mansfield Naval Reserve Center..  170 Ashland Rd.....  Mansfield..........  OH                44902  Navy...............  3010...............        19A
Potter Stewart US Courthouse....  100 E 5th St.......  Cincinnati.........  OH                45202  DOJ................  3010...............        19A
Navy Remediation At Teledyne      1330 Laskey Rd.....  Toledo.............  OH                43612  Navy...............  3010...............        19A
 Turbine Eng.
Old Station Ashtabula...........  1 Front Street.....  Ashtabula..........  OH                44004  Homeland Security..  OTHER..............        19A
COE-Civil McNary Project........  Columbia River Mile  Umatilla...........  OR                97882  Corps of Engineers.  3010...............        19A
                                   292.
USVA Portland Medical Center....  3710 SW US Veterans  Portland...........  OR                97239  Veterans Affairs...  3010...............        19A
                                   Hospital, R.
USVA Roseburg Healthcare System.  913 NW Garden        Roseburg...........  OR                97471  Veterans Affairs...  3010...............        19A
                                   Valley Blvd.

Transportation Security Admin     8500 Essington Ave.  Philadelphia.......  PA                19153  TSA................  3010...............        19A
 Phil Intl.
VA Medical Center...............  1030 Jefferson Ave.  Memphis............  TN                38104  Veterans Affairs...  3010...............        19A
Veterans Administration Medical   1310 24th Ave S....  Nashville..........  TN                37212  Veterans Affairs...  3010...............        19A
 Center.
Alvin C York VA Medical Center..  3400 Lebanon Rd....  Murfreesboro.......  TN                37130  Veterans Affairs...  3010...............        19A
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                     Federal Agency Hazardous Waste Compliance Docket Update 25--Deletions
--------------------------------------------------------------------------------------------------------------------------------------------------------
          Facility name                 Address                City             State      Zip code         Agency        Reporting mechanism     Code
--------------------------------------------------------------------------------------------------------------------------------------------------------
Atlas E Missile Site 11  Six Miles North Of   Nunn...............  CO                80648  Air Force..........  103c...............          3
                                   Nunn.
Former Lowry AFB Titan Missile    5 Miles South Of     Aurora.............  CO                80137  Air Force..........  103c...............          6
 Site 1 Complex 2A.                East Quincy Av And
                                   Brick Center Road.
AFSC-Buckley East 6th Ave Site..  Buckley AFB........  Aurora.............  CO                80011  Air Force..........  103c...............          7
Aurora-Buckley..................  2 Miles SE.........  Aurora.............  CO                80011  Army...............  3016...............          6
Buckley ANG Former Warehouse      660 S Aspen Dr.      Aurora.............  CO                80011  Defense............  103c...............          7
 Area.                             Stop 26.
US EPA Region 3 Chemical Metals   2001 & 2103          Baltimore..........  MD                21230  EPA................  3010...............          2
 Site.                             Annapolis Road.
Woodstock.......................  2845 Hernwood Road.  Woodstock..........  MD                21163  Army...............  3016...............          6
Cavalier Air Station............  Po Box 22..........  Nekoma.............  ND                28355  Air Force..........  3016...............          6
Altoona Postal Service Vehicle    1201 11th Ave......  Altoona............  PA                16603  USPS...............  3010...............          8
 Maintenance Facility.
Warrendale Postal Center........  300 Commonwealth     Warrendale.........  PA                15086  USPS...............  3010...............          8
                                   Ave.
Pittsburgh Postal Service.......  1136 Western Ave...  Pittsburgh.........  PA                15233  USPS...............  3010...............          8
PA ANG 171St Air Refueling Wing.  300 Tanker Road....  Moon Township......  PA                15108  Air Force..........  3010...............          6
Greater Pittsburgh International  911 Tag/De.........  Pittsburgh.........  PA                15231  Air Force..........  3016, 103C.........          6
 Airport.
Fort Dix Tacony Warehouse.......  5100 Princeton Ave.  Philadelphia.......  PA                19135  Army...............  3010...............          6
Richmond Organizational           3100 Alcott Rd.....  Richmond...........  VA                23237  Army...............  3016...............          6
 Maintenance Shop 4.
USDOI Bureau of Reclamation Site  39307 W Kelly Rd...  Benton City........  WA                99320  DOI................  3010...............          2
Beckley Medical Center..........  200 Veterans Ave...  Beckley............  WV                25801  Veterans Affairs...  3010...............          8
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                    Federal Agency Hazardous Waste Compliance Docket Update 25--Corrections
--------------------------------------------------------------------------------------------------------------------------------------------------------
          Facility name                 Address                City             State      Zip code         Agency        Reporting mechanism     Code
--------------------------------------------------------------------------------------------------------------------------------------------------------
c--Buckley Air Force Base.......  18500 East 6th Ave.  Aurora.............  CO                80011  Air Force..........  3016, 103c, 3010...        20A
o--AFSPC-Buckley Air National     Buckley Road And     Aurora.............  CO                80011  Air Force..........  3016, 103c, 3010...        20A
 Guard Base.                       East 6th Ave.
c--Air Force Plant PJKS.........  12275 South Highway  Littleton..........  CO                80127  Air Force..........  3016, 103c, 3010,          20A
                                   75.                                                                                3005.
o--Plant PJKS Property..........  12250 S Hwy. 75....  Waterton...........  CO                80120  Air Force..........  3016, 103c, 3010,          20A
                                                                                3005.
c--Rock Flats Site (USDOE)......  Hwy 93 Between       Golden.............  CO                80007  Energy.............  3005, 3010, 3016,          20A
                                   Golden and Boulder.                                                                     103c, 103a.

o--Rocky Flats Environmental      1808 Highway 93,     Golden.............  CO                80403  Energy.............  3005, 3010, 3016,          20A
 Technology Site.                  Unit A.                                                                                103c, 103a.
c--BLM-Maybell Dump.............  6 mi East of         Maybell............  CO                81640  Interior--Bureau of  103c...............        20A
                                   Maybell.                                                           Land Management.
o--BLM-Maybell Dump.............  ...................  Maybell............  CO            .........  Interior--Bureau of  103c...............        20A
                                                                                Land Management.
c--BLM-Montrose County Dump.....  4 mi NE Montrose     Montrose...........  CO                81401  Interior--Bureau of  103c...............        20A
                                   T48N R19W sec22.                                                   Land Management.
o--BLM-Montrose County Dump.....  T48Nr19Wsec22......  Montrose...........  CO            .........  Interior--Bureau of  103c...............        20A
                                                                                Land Management.
c--Elkhorn Mine And Mill........  610 N. Montana St..  Dillon.............  MT                59725  Agriculture........  Other..............        20A
o--Beaverhead National Forest...  610 N. Montana St..  Dillon.............  MT                59725  Agriculture........  Other..............        20A
c--Fort Detrick--Forest Glen      503 Orney Dr.......  Silver Spring......  MD                20910  Army...............  None...............        20A
 Annex.
o--Walter Reed Army Medical       503 Orney Dr.......  Silver Spring......  MD                20910  Army...............  None...............        20A
 Center--Forest Glenn Annex.
c--Granite-Control..............  2845 Hernwood Road.  Woodstock..........  MD                21163  Army...............  103C, 3016.........         23
o--Granite-Control..............  2845 Hernwood Road.  Woodstock..........  MD                21163  Army...............  103C...............        20A
c--Cavalier Air Force Station...  830 Patrol Road 26.  Cavalier...........  ND                58220  Air Force..........  103c, 3010, 3005...        20A
o--Concrete Missile Early         Det 1 57 Ad/De.....  Concrete...........  ND                58221  Air Force..........  103c, 3010, 3006...        20A
 Warning Station.
c--PA ANG 171ST Air Refueling     300 Tanker Road....  Pittsburgh.........  PA                15108  Air Force..........  3010...............        20A
 Wing.
o--Pittsburgh Air National Guard  Greater Pittsburgh   Pittsburgh.........  PA                15231  Air Force..........  3010...............        20A
                                   Intnl Arpt.
c--911th Airlift Wing...........  Pittsburgh Intl      Coraopolis.........  PA                15108  Air Force..........  3010...............        20A
                                   Arprt ARS 2475
                                   Defense Ave Ste
                                   101.
o--911th Tactical Airlift Group.  Greater Pittsburgh   Pittsburgh.........  PA                15231  Air Force..........  3010...............        20A
                                   Intl Airprt.
c--Fort Dix Tacony Warehouse....  7071 Milnor St.....  Philadelphia.......  PA                19135  Army...............  3010, 103C.........        20A
o--Fort Dix Tacony Warehouse....  7071 Wissonoming St  Philadelphia.......  PA                19124  Army...............  3010, 103C.........        20A
c--Marietta Depot...............  1502 Depot Road....  Marietta...........  PA                17547  Defense Logistics    103C...............    20A, 22
                                                                                Agency.
o--The Former Marietta Air Force  Rt 441.............  Marietta...........  PA            .........  General Services     103C...............    20A, 22
 Station.                                                                                Administration.
c--U.S. Forest Service Nemo Work  Nemo T: 3N, R: 5E,   Nemo...............  SD                57759  Agriculture........  103c...............        20A
 Station Site.                     Sec: 27.
o--U.S. Forest Service Nemo Work  Nemo...............  Nemo...............  SD                57754  Agriculture........  103c...............        20A
 Station Site.
c--Sioux Falls VA Medical Center  2501 West 22nd       Sioux Falls........  SD                57105  Veterans Affairs...  3010...............        20A
                                   Street.
o--Sioux Falls VA Medical Center  2501 West 22nd       Sioux Falls........  SD                57117  Veterans Affairs...  3010...............        20A
                                   Street.
c--American Fork Canyon/UINTA     American Fork        Pleasant Grove.....  UT                84602  Interior...........  103c...............        20A
 National.                         Canyon.
o--American Fork Canyon/UINTA     ...................  Pleasant Grove.....  UT                84602  Interior...........  103c...............        20A
 National.
c--South Dakota Air National      P.O. Box 5044......  Sioux Falls........  SD                57117  Air Force..........  103c, 3016.........        20A
 Guard.
o--Joe Foss Field...............  P.O. Box 5044......  Sioux Falls........  SD                57117  Air Force..........  103c, 3017.........        20A
c--USFS Santaquin Mudslide......  324 25th St........  Santaquin..........  UT                84655  Agriculture........  103c, 3016.........        20A
o--USFS Santaquin Mudslide......  324 25th St........  Santaquin..........  UT                84401  Agriculture........  103c, 3016.........        20A

c--Hill Air Force Base..........  7274 Wardleigh Rd..  Hill AFB...........  UT                84056  Air Force..........  3005, 3010, 3016,          20A
                                                                                103c, 103a.
o--Hill Air Force Base..........  7274 Wardleigh Rd..  Ogden..............  UT                84056  Air Force..........  3006, 3010, 3016,          20A
                                                                                103c, 103a.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2012-27041 Filed 11-5-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 86 (Friday, May 3, 2019)]
[Rules and Regulations]
[Pages 18993-18996]
[FR Doc No: 2019-09115]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 158

[EPA-HQ-OPP-2018-0668; FRL-9984-52]
RIN 2070-AK41

Pesticides; Technical Amendment to Data Requirements for
Antimicrobial Pesticides

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is finalizing a correction pertaining to the ``200 ppb
(parts per billion) level'' described in the antimicrobial pesticides
data requirements regulation to clarify that the 200 ppb level is based
on total estimated daily dietary intake for an individual and not on
the amount of residue present on a single food, as was incorrectly
implied by the previous regulatory text. This change is intended to
enhance understanding of the data required to support an antimicrobial
pesticide registration and does not alter the burden or costs
associated with these previously-promulgated requirements. This action
does not otherwise establish any new data requirements or any other
revisions (substantive or otherwise) to existing requirements.

DATES: This final rule is effective July 2, 2019.

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2018-0668 is available online at
http://www.regulations.gov or in person at the Office of Pesticide
Programs Regulatory Public Docket (OPP Docket) in the EPA 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
(703) 305-5805. Please review the visitor instructions and additional
information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Cameo Smoot, Field and External
Affairs Division (7506P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460;
(703) 305-5454; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Executive Summary

A. Does this action apply to me?

    You may be potentially affected by this action if you are a
producer or registrant of an antimicrobial pesticide product or device.
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:
     NAICS code 325320, Pesticide and Other Agricultural
Chemical Manufacturing, e.g., pesticide manufacturers or formulators of
pesticide products, importers, exporters, or any person or company who
seeks to register a pesticide product or to obtain a tolerance for a
pesticide product.
    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 action is the Agency taking?

    EPA is finalizing a single correction to the data requirements for
antimicrobial pesticide products that are codified in 40 CFR part 158,
subpart W. EPA is not making any other changes (substantive or
otherwise) or establishing any new data requirements. The correction to
the ``200 ppb level'' that is described in 40 CFR 158.2230(d) will
clarify that the 200 ppb level is based on total estimated daily
dietary intake for an individual and not on the amount of residue
present on a single food.
    This change will also harmonize the EPA standard with the U.S. Food
and Drug Administration levels established for indirect food use
biocides set forth in ``Guidance for Industry: Preparation of Food
Contact Notifications for Food Contact Substances: Toxicology
Recommendations,'' Revised April 2002. For reference, a copy of the FDA
guidance has been placed in the docket for this action.

C. What is the Agency's authority for taking this action?

    This action is issued under the Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA), 7 U.S.C. 136 et seq. and the Federal Food,
Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d).

D. Why is the Agency taking this action?

    EPA has determined that the correction to the ``200 ppb level''
that is described in 40 CFR 158.2230(d) is necessary to clarify that
the 200 ppb level is based on total estimated daily dietary intake for
an individual and not on the amount of residue present on a single
food, as is incorrectly implied by the current regulatory text.

E. What are the incremental costs and benefits of this action?

    This correction does not result in any new burden or costs being
imposed. This change represents a technical correction. No new studies
are being requested, registrants will not submit more studies than they
are currently submitting in their application packages, and there is no
increase in the frequency at which existing data are required. As a
result, this change will not cause any increase in the cost to register
an antimicrobial pesticide product. EPA believes the correction should
provide registrants with more specific information such that it could
reduce the number of consultations (emails, phone calls, and meetings)
in which registrants seek to ensure that they are correctly
interpreting the regulations before they begin their testing programs.
Applicants may save time and money by better understanding when studies
are needed and by not submitting unneeded studies. Submission of all
required studies at the time of application may reduce potential delays
in the registration process, thereby allowing products to enter the
market earlier. The clarity derived from having more understandable
data requirements may be especially important to small firms and new
firms entering the industry who may have less experience with the
pesticide registration program than those firms that routinely work
with the Agency.

II. Summary of the Proposed Rule

    On August 18, 2017 (82 FR 39399) (FRL-9965-54), EPA published and
requested public comment on a proposal to correct the language at 40
CFR 158.2230(d) in a proposed rule entitled ``Pesticides: Technical
Amendment to Data Requirements for Antimicrobial Pesticides.'' As
described in more detail in the proposed rule, the correction is in
response to a petition filed by the American Chemistry Council (ACC) in
the United States Court of Appeals for the District of Columbia Circuit
on July 3, 2013 (American Chemistry Council, Inc. v. Environmental
Protection Agency, No.13-1207 (D.C. Cir.)). That petition sought
judicial review of the 2013 final rule, entitled ``Data Requirements
for Antimicrobial Pesticides'' (78 FR 26936, May 8, 2013) (FRL-8886-5).
EPA and ACC subsequently entered into a settlement agreement that
addressed the ACC petition. The settlement agreement, which became
effective on March 2, 2015, is available at http://www.regulations.gov
(Document ID No. EPA-HQ-OPP-2008-0110-0139). Under the settlement
agreement with ACC, EPA agreed to propose a correction to the language
at 40 CFR 158.2230(d) referring to the 200 ppb level as ``the
concentration of the antimicrobial residues in or on the food item'' in
order to make the language consistent with the U.S. Food and Drug
Administration's (FDA) policy set forth in the FDA document entitled
``Guidance for Industry, Preparation of Food Contact Notifications for
Food Contact Substances: Toxicology Recommendations. Final Guidance.
April 2002.'' A copy of the FDA guidance has been placed in the docket
for this rulemaking.
    In the 2017 proposed rule, EPA proposed to clarify that the 200 ppb
level established in the 2013 rule is based on total estimated daily
dietary intake, and not on the amount of residue present on a single
food item or commodity. As part of its obligations under the settlement
agreement, EPA issued interim guidance on April 30, 2015, which is
available on EPA's website at https://www.epa.gov/pesticide-registration/epa-data-requirements-registration-antimicrobial-pesticides-part-158w.

III. Comments and Responses

    The Agency appreciates the comments provided by the public, and the
Agency's detailed response to the comments received is provided in a
document that is posted in the docket for this action. EPA received two
public comments. One commenter was supportive of the adoption of the
technical correction without requesting any revisions to the text. The
other commenter submitted an inquiry as to why 200 ppb instead of 100
ppb was the limit for concentrations of biocides on food.
    The 200 ppb level was previously established by FDA for indirect
food use biocides (see Guidance for Industry: Preparation of Food
Contact Notifications for Food Contact Substances: Toxicology
Recommendations, Revised April 2002). The 200 ppb level is derived by
dividing FDA's cumulative exposure upper limit of 1,000 ppb level by 5
to be conservative and to account for the fact that antimicrobial
pesticides (e.g., biocides) are a class of pesticide that are generally
toxic by design. It is important to note that EPA is not using this 200
ppb value as a risk level. It is used in this situation to determine if
additional toxicity data are required. No substantive changes were
suggested and EPA is finalizing the correction as proposed.

IV. FIFRA Review Requirements

    In accordance with FIFRA sections 21 and 25(a), EPA submitted a
draft of this final rule to the Secretary of the Department of Health
and Human Services (HHS), and the Secretary of the U.S. Department of
Agriculture (USDA). Under FIFRA section 25(d), EPA submitted a draft of
this final rule to the FIFRA Scientific Advisory Panel (SAP). The SAP
waived its review of the final rule on November 14, 2018, because the
final rule does not contain scientific issues that warrant review by
the Panel. A copy of FIFRA SAP response is available in the docket.
    As required by FIFRA section 25(a)(3), copies of the draft final
rule were also provided to the appropriate Congressional Committees
(i.e., the Committee on Agriculture in the U.S. House of
Representatives, and the Committee on Agriculture, Nutrition, and
Forestry in the United States Senate).

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive
orders.

A. Executive Order 12866: Regulatory Planning and Review; and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action was therefore
not submitted to the Office of Management and Budget (OMB) for review
under Executive Orders 12866 (58 FR 51735; October 4, 1993) and 13563
(76 FR 3821, January 21, 2011).

B. Executive Order 13771: Reducing Regulation and Controlling
Regulatory Costs

    The burden reduction and controlling provisions in Executive Order
13771 (82 FR 9339, February 3, 2017), do not apply to this action
because this action is not a significant regulatory action as defined
by Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection
requirements that require additional review or approval by OMB under
the PRA, 44 U.S.C. 3501 et seq. The information collection requirements
associated with the submission of data under 40 CFR part 158 have
already been approved by OMB pursuant to the PRA and are covered by the
following existing Information Collection Requests (ICRs):
     The information collection activities associated with the
establishment of a tolerance is approved under OMB Control No. 2070-
0024 (EPA ICR No. 0597).
     The information collection activities associated with the
application for a new or amended registration of a pesticide are
approved under OMB Control No. 2070-0060 (EPA ICR No. 0277).
     The information collection activities associated with the
generation of data for registration review is approved under OMB
Control No. 2070-0174 (EPA ICR No. 2288).
     The information collection activities associated with the
generation of data for experimental use permits are approved under OMB
Control No. 2070-0040 (EPA ICR No. 0276).
    This final rule does not involve a change in information collection
activities associated with the generation of data for antimicrobial
pesticide products or devices. EPA believes no additional burden for
data submission would be imposed by the simple correction in this final
rule.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA, 5
U.S.C. 601 et seq. The small entities directly regulated by this final
rule are registrants and manufacturers of antimicrobial pesticide
products that qualify as a small business as defined by the Small
Business Administration. Small nonprofit organizations and small
government jurisdictions as defined by the RFA are not expected to
become a registrant or manufacturer of an antimicrobial pesticide
product and are not therefore expected to be impacted by this rule.
    In determining whether a rule has a significant economic impact on
a substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus, an agency may certify that a rule will not have a significant
economic impact on a substantial number of small entities if the rule
relieves regulatory burden, or otherwise has a positive economic effect
on all the small entities subject to the rule.
    There will not be significant adverse economic impacts on a
substantial number of small entities by this simple correction. On the
contrary, all registrants and manufacturers of antimicrobial pesticide
products, regardless of size, will benefit equally from the correction
related by likely reduction in the number of requests for further
clarification of this data requirement, and may also enjoy a more
streamlined registration process.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded federal mandate and does
not significantly or uniquely affect small governments. Accordingly,
this action is not subject to the requirements of UMRA, 2 U.S.C. 1501
et seq.

F. Executive Order 13132: Federalism

    This action does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 4, 1999). It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government. Thus,
Executive Order 13132 does not apply to this action.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This action will
not have any effect on tribal governments, on the relationship between
the Federal Government and the Indian tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
tribes. Thus, Executive Order 13175 does not apply to this action.

H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern environmental
health or safety risks that the EPA has reason to believe may
disproportionately affect children, per the definition of ``covered
regulatory action'' in section 2-202 of the Executive Order. This
action is not subject to Executive Order 13045 because it does not
concern an environmental health risk or safety risk.

I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a significant

regulatory action under Executive Order 12866, nor does it affect
energy supply, distribution or use.

J. National Technology Transfer and Advancement Act (NTTAA)

    This action does not involve any technical standards that would
require the consideration of voluntary consensus standards pursuant to
NTTAA section 12(d), 15 U.S.C. 272 note.

K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    This action does not involve special consideration of environmental
justice related issues as specified in Executive Order 12898 (59 FR
7629, February 16, 1994), because this action does not address human
health or environmental risks or otherwise have any disproportionate
high and adverse human health or environmental effects on minority,
low-income or indigenous populations.

L. Congressional Review Act (CRA)

    This action is subject to the CRA, 5 U.S.C. 801 et seq., and EPA
will submit a rule report to the U.S. Senate, and the U.S. House of
Representatives, and the Comptroller General of the United States. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 158

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

    Dated: April 25, 2019.
Alexandra Dapolito Dunn,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.

    Therefore, 40 CFR part 158 is amended as follows:

PART 158--[AMENDED]

0
 1. The authority citation for part 158 continues to read as follows:

     Authority: 7 U.S.C. 136-136y; subpart U is also issued under 31
U.S.C. 9701.

0
 2. In Sec.  158.2230, revise paragraph (d) to read as follows:

Sec.  158.2230  Toxicology.

* * * * *
    (d) 200 parts per billion (ppb). The 200 ppb level was originally
used by the Food and Drug Administration with respect to the
concentration of residues in or on food for tiering of data
requirements for indirect food use biocides. The Agency has also
adopted this same residue level for determining toxicology data
requirements for indirect food uses of antimicrobial pesticides. The
200 ppb level is the concentration of antimicrobial residues in the
total estimated daily dietary intake.
* * * * *

[FR Doc. 2019-09115 Filed 5-2-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 132 (Wednesday, July 14, 2021)]
[Notices]
[Pages 37209-37210]
[FR Doc No: 2021-14981]

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 DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0134]

Commercial Driver's License: Tornado Bus Company; Application for
Exemption

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA has received an application from the Tornado Bus Company
(Tornado) requesting an exemption for its drivers who currently hold a
Mexican Licencia Federal de Conductor from the following provisions of
the Federal Motor Carrier Safety Regulations (FMCSRs); general entry-
level driver training (ELDT) requirements; the commercial driver's
license (CDL) knowledge test required to obtain a commercial learner's
permit (CLP); the skills test required for CLP holders to obtain a CDL;
and the knowledge and skills test requirements for a CDL passenger
endorsement. Tornado specifically requests the exemption for its
drivers who have been granted permanent resident status from the
Department of Homeland Security (DHS) and have over two years'
experience driving in the United States and Mexico. FMCSA requests
public comment on Tornado's application for exemption.

DATES: Comments must be received on or before August 13, 2021.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2020-0134 by any of the following
methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow
the online instructions for submitting comments.
     Mail: Send comments to Docket Operations, U.S. Department
of Transportation, 1200 New Jersey Avenue SE, West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: Deliver comments to Docket
Operations, West Building, Ground Floor, Room W12-140, 1200 New Jersey
Avenue SE, between 9 a.m. and 5 p.m. E.T., Monday through Friday,
except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number
for this notice. Note that DOT posts all comments received without
change to www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. To be sure someone is there to

help you, please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting
Docket Operations.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For information concerning this
notice, contact Mr. Richard Clemente, FMCSA Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; Telephone:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, contact
Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2020-0134), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put
the docket number, ``FMCSA-2020-0134'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the facility, please enclose a stamped, self-addressed postcard
or envelope.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain Federal Motor Carrier Safety Regulations
(FMCSRs). FMCSA must publish a notice of each exemption request in the
Federal Register (49 CFR 381.315(a)). The Agency must provide the
public an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted.
The Agency must also provide an opportunity for public comment on the
request.
    The Agency reviews safety analyses and public comments submitted,
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).

III. Background

    Under 49 CFR 380.609 driver training is required after February 7,
2022 for individuals applying for a Commercial Driver's License (CDL)
for the first time; upgrading their current CDL from Class B to Class
A; or obtaining a new Passenger (P); School bus (S); or Hazardous
materials (H) endorsement. All drivers of commercial motor vehicles
(CMVs) requiring a CDL must have the knowledge and skills specified in
49 CFR 383.111 and 383.113, respectively. An applicant for a P
endorsement to a CDL must satisfy both the knowledge and skills
required by 49 CFR 383.117.
    Tornado Bus Company has requested an exemption from 49 CFR 380.609
and 49 CFR 383.111, 383.113, and 383.117. A copy of the exemption
application is included in the docket.

IV. Request for Comments

    In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public
comment from all interested persons on Tornado's exemption application.
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, 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.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-14981 Filed 7-13-21; 8:45 am]
BILLING CODE 4910-EX-P