[Federal Register: December 19, 2008 (Volume 73, Number 245)]
[Notices]
[Page 77690-77693]
[DOCID:fr19de08-92]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0162; FRL-8389-4]

Carbofuran; Notice of Receipt of Request to Voluntarily Cancel
Carbofuran Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a
notice of receipt of a request dated September 29, 2008 by the
registrant to voluntarily cancel some registrations and amend other
registrations to terminate uses of certain end-use products containing
the pesticide carbofuran. The request would terminate flowable
carbofuran use in or on alfalfa, cotton, ornamentals, popcorn, small
grains (wheat, oats and barley) soybeans, sugarcane, sweet corn, and
tobacco. The request would also terminate all carbofuran products
registered under FIFRA section 24 Special Local Need Labels for use in
or on corn (field), CRP acres, cucumbers, grapes, melons, ornamentals
(container and field production), peppers (including Chiles and bell),
sorghum, squash, sugar beets, sugarcane (soil applied), tobacco, and
small grains (wheat, oats, and barley). The request would also
terminate, subject to a two-year phase-out period, the use of flowable
carbofuran as a post-plant application to artichokes. The request
proposes to cancel the use of granular carbofuran on bananas, coffee,
cucumbers, melons, and squash. The request would not terminate the last
carbofuran products registered for use in the US.

DATES: Comments must be received on or before January 20, 2009.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2005-0162 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 Facility'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 docket ID number EPA-HQ-OPP-
2005-0162. 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 at http://www.regulations.gov. 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<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Jude Andreasen, 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<EMAIL_ADDRESS>
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 on the Receipt of Requests to Cancel Registrations

    This notice announces receipt by EPA of a written request dated
September 29, 2008 from FMC Corporation, the sole registrant of
carbofuran, to cancel carbofuran product registrations on certain uses.
Carbofuran is an N-methyl carbamate insecticide. The affected products
and uses are provided in Table 1. This request will result in the
termination of the use of flowable and granular carbofuran products on
certain crops in the United States. The request would also terminate
all carbofuran products registered under FIFRA section 24 Special Local
Need Labels for use in or on corn (field), CRP acres, cucumbers,
grapes, melons, ornamentals (container and field production), peppers
(including Chiles and bell), sorghum, squash, sugar beets, sugarcane
(soil applied), tobacco, and small grains (wheat, oats, and barley).
The request would also terminate, subject to a two-year phase-out
period, the use of flowable carbofuran as a post-plant application to
artichokes. The request proposes to cancel the use of granular
carbofuran on bananas, coffee, cucumbers, melons, and squash. The
request would not terminate the last carbofuran products registered for
use in the US. The request does not affect the use of granular
carbofuran (products 279-3023 and 279-2712) on pumpkin. This request
does not affect the existing volume limitations (2,500 pounds active
ingredient per year) for granular product manufacture. EPA intends to
grant this request for cancellation at the close of the comment period
for this announcement unless the Agency receives a request within the
comment period to transfer the registration to a new registrant or
unless the registrant withdraws their request within this period. Upon
acceptance of this request, any sale, distribution, or use of products
listed in this notice will be permitted only if such sale,
distribution, or use is consistent with the terms as described in the
final order. Any carbofuran uses not affected by this voluntary
cancellation request, and any uses for which the requested cancellation
do not become final, will remain subject to cancellation through the
process that the Agency initiated in a draft Notice of Intent to Cancel
(NOIC) carbofuran, January 8, 2008, which can be accessed in the public
docket at www.regulations.gov, docket number EPA-HQ-OPP-2005-0162. The
basis for the draft NOIC was that pesticide products containing
carbofuran, when used in accordance with widespread and commonly
recognized practice, generally cause unreasonable adverse effects on
humans and the environment. EPA further determined that none of the
available alternatives to cancellation of all registered uses could
reduce the potential risks to acceptable levels.

III. What Action is the Agency Taking?

    This notice announces receipt by EPA of a request from FMC
Corporation to cancel certain uses of flowable and granular carbofuran.
The affected products and the registrants making the request are
identified in Table 1 and Table 2 of this unit.
    Under section 6(f)(1)(A) of FIFRA, registrants may request, at any
time, that their pesticide registrations be canceled or amended to
terminate one or more pesticide uses. Section 6(f)(1)(B) of FIFRA
requires that before acting on a request for voluntary cancellation,
EPA must provide a 30-day public comment period on the request for
voluntary cancellation or use termination. In addition, section
6(f)(1)(C) of FIFRA requires that EPA provide a 180-day comment period
on a request for voluntary cancellation or termination of any minor
agricultural use before granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The Administrator determines that continued use of the pesticide
would pose an unreasonable adverse effect on the environment.
    FMC Corporation, a carbofuran registrant, has requested that EPA
waive the 180-day comment period. EPA will provide a 30-day comment
period on the proposed requests.
    Unless a request is withdrawn by the registrant within 30 days of
publication of this notice, or if the Agency determines that there are
substantive comments that warrant further review of this request, an
order will be issued canceling the affected registrations.

  Table 1a.--Carbofuran Product Registrations with Pending Requests for
                      Cancellation of Certain Uses
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        Registration Number            Product Name         Company
------------------------------------------------------------------------
279-2876                                   Furadan 4F    FMC Corporation
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279-3310                                  Furadan LFR    FMC Corporation
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279-2712                                  Furadan 10G    FMC Corporation
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279-3023                                  Furadan 15G    FMC Corporation
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  Table 1b.--Carbofuran Product Registrations with Pending Requests for
                 Cancellation of All Uses of Carbofuran
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        Registration Number            Product Name         Company
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279-2922                                   Furadan 5G    FMC Corporation
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  Table 1c.--Carbofuran Special Local Need (SLN) Product Registrations
    with Pending Requests for Cancellation of All Uses of Carbofuran
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            Registration Number                        Company
------------------------------------------------------------------------
AL880003                                    FMC Corporation
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AL940002                                    FMC Corporation
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AR810051                                    FMC Corporation
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AR810052                                    FMC Corporation
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AZ910001                                    FMC Corporation
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CA830058                                    FMC Corporation
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CA860037                                    FMC Corporation
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CA940005                                    FMC Corporation
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CA980011                                    FMC Corporation
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CA980012                                    FMC Corporation
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CO920001                                    FMC Corporation
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CO920002                                    FMC Corporation
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DE830004                                    FMC Corporation
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DE930001                                    FMC Corporation
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IA930001                                    FMC Corporation
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ID060003                                    FMC Corporation
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ID060004                                    FMC Corporation
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ID910007                                    FMC Corporation
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ID920002                                    FMC Corporation
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IL040002                                    FMC Corporation
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IL980003                                    FMC Corporation
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IN830001                                    FMC Corporation
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IN930001                                    FMC Corporation
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KS880001                                    FMC Corporation
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KS880002                                    FMC Corporation
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LA000009                                    FMC Corporation
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LA050001                                    FMC Corporation
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LA990007                                    FMC Corporation
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MD810008                                    FMC Corporation
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MI820025                                    FMC Corporation
------------------------------------------------------------------------
MI930001                                    FMC Corporation
------------------------------------------------------------------------
MO790006                                    FMC Corporation
------------------------------------------------------------------------
MO810024                                    FMC Corporation
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MO860003                                    FMC Corporation
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MO930002                                    FMC Corporation
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MS820020                                    FMC Corporation
------------------------------------------------------------------------
MT860007                                    FMC Corporation
------------------------------------------------------------------------
NC800003                                    FMC Corporation
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NE880003                                    FMC Corporation
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NE920006                                    FMC Corporation
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NE920009                                    FMC Corporation
------------------------------------------------------------------------
NE950001                                    FMC Corporation
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NJ980004                                    FMC Corporation
------------------------------------------------------------------------
NM060001                                    FMC Corporation
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NM060002                                    FMC Corporation
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NM780015                                    FMC Corporation
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NM980002                                    FMC Corporation
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OH930001                                    FMC Corporation
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OK810012                                    FMC Corporation
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OK930009                                    FMC Corporation
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OR060016                                    FMC Corporation
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OR060017                                    FMC Corporation
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OR830016                                    FMC Corporation
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OR830036                                    FMC Corporation
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OR910006                                    FMC Corporation
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OR920014                                    FMC Corporation
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PA840005                                    FMC Corporation
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PA940001                                    FMC Corporation
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PR850001                                    FMC Corporation
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PR960003                                    FMC Corporation
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SC790026                                    FMC Corporation
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SC940005                                    FMC Corporation
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SD900013                                    FMC Corporation
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TX030002                                    FMC Corporation
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TX060012                                    FMC Corporation
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TX060013                                    FMC Corporation
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TX810006                                    FMC Corporation
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TX930008                                    FMC Corporation
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TX930011                                    FMC Corporation
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VA780006                                    FMC Corporation
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VA790014                                    FMC Corporation
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VA930001                                    FMC Corporation
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WA860012                                    FMC Corporation
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WA910006                                    FMC Corporation
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WY030002                                    FMC Corporation
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WY900003                                    FMC Corporation
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    Table 2 of this unit includes the name and address of record for
the registrant of the products listed in Table 1 of this unit.

         Table 2.--Registrant Requesting Voluntary Cancellation
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              EPA Company No.                 Company name and address
------------------------------------------------------------------------
279                                         FMC Corporation
                                            Agricultural Products Group
                                            1735 Market Street
                                            Philadelphia, PA 19103
------------------------------------------------------------------------

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

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled or amended to terminate one or more uses. FIFRA further
provides that, before acting on the request, EPA must publish a notice
of receipt of any such request in the Federal Register. Thereafter,
following the public comment period, the Administrator may approve such
a request.

V. Procedures for Withdrawal of Request and Considerations for
Reregistration of Carbofuran

    Registrants who choose to withdraw a request for cancellation must
submit such withdrawal in writing to the person listed under FOR
FURTHER INFORMATION CONTACT, postmarked before January 20, 2009. This
written withdrawal of the request for cancellation will apply only to
the applicable FIFRA section 6(f)(1) request listed in this notice. If
the products(s)

have been subject to a previous cancellation action, the effective date
of cancellation and all other provisions of any earlier cancellation
action are controlling.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action.
    In any order issued in response to this request for cancellation of
product registrations, EPA proposes to include the following provisions
for the treatment of any existing stocks of the products identified or
referenced in Table 1. The registrant will be allowed to sell and
distribute the subject products through the effective date of this
cancellation order. In addition, existing stocks of carbofuran products
may be sold or used until they are depleted, or until tolerances are
revoked.
    The Agency intends to allow use on artichokes through December 31,
2010. The Agency is soliciting comment on whether there are sufficient
stocks of product to allow for this use, or whether additional
carbofuran production will be needed to address this use.
    An existing stocks provision was included in a Federal Register
notice published December 10, 2008 regarding a number of pesticide
products, including several carbofuran products. The existing stocks
provision in that notice will be superseded by the existing stocks
provision in the cancellation order for today's notice.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: December 11, 2008.
Steven Bradbury,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E8-30249 Filed 12-18-08; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register: July 25, 2007 (Volume 72, Number 142)]
[Rules and Regulations]
[Page 40754-40759]
[DOCID:fr25jy07-10]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2007-0446; FRL-8136-7]

Diflubenzuron; Pesticide Tolerances for Emergency Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes a time-limited tolerance for
diflubenzuron and its metabolites p-chlorophenylurea and p-
chloroaniline in or on lemon. This action is in response to EPA's
granting of an emergency exemption under section 18 of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of
the pesticide on lemon. This regulation establishes a maximum
permissible level for combined residues of diflubenzuron and its
metabolites p-chlorophenylurea and p-chloroaniline, in this food
commodity. The tolerance expires and is revoked on December 31, 2010.

DATES: This regulation is effective July 25, 2007. Objections and
requests for hearings must be received on or before September 24, 2007,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION.

ADDRESSES:  EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2007-0446. 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 web site to view the docket index or access
available documents. All documents in the docket are listed in the
docket index available in regulations.gov. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (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 Office

of Pesticide Programs (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<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Libby Pemberton, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. 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. How Can I Access Electronic Copies of this Document?

    In addition to accessing an electronic copy of this Federal
Register document through the electronic docket at http://www.regulations.gov
, you may access this Federal Register document

electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr. You may also access a

frequently updated electronic version of 40 CFR part 180 through the
Government Printing Office's pilot e-CFR site at http://www.gpoaccess.gov/ecfr
.

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of the FFDCA, as amended by the FQPA, any
person may file an objection to any aspect of this regulation and may
also request a hearing on those objections. The EPA procedural
regulations which govern the submission of objections and requests for
hearings appear in 40 CFR part 178. You must file your objection or
request a hearing on this regulation in accordance with the
instructions provided in 40 CFR part 178. To ensure proper receipt by
EPA, you must identify docket ID number EPA-HQ-

OPP-2007-0446 in the subject line on the first page of your submission.
All requests must be in writing, and must be mailed or delivered to the
Hearing Clerk on or before September 24, 2007.
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit your copies, identified by docket ID
number EPA-HQ-OPP-2007-0446, 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>.

II. Background and Statutory Findings

    EPA, on its own initiative, in accordance with sections 408(e) and
408(l)(6) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a, is establishing a tolerance for of the insecticide,
diflubenzuron and its metabolites p-chlorophenylurea and p-
chloroaniline, in or on lemon at 0.8 parts per million (ppm). This
tolerance expires and is revoked on December 31, 2010. EPA will publish
a document in the Federal Register to remove the revoked tolerance from
the Code of Federal Regulations (CFR).
    Section 408(l)(6) of the FFDCA requires EPA to establish a time-
limited tolerance or exemption from the requirement for a tolerance for
pesticide chemical residues in food that will result from the use of a
pesticide under an emergency exemption granted by EPA under section 18
of FIFRA. Such tolerances can be established without providing notice
or period for public comment. EPA does not intend for its actions on
section 18 related tolerances to set binding precedents for the
application of section 408 of the FFDCA and the new safety standard to
other tolerances and exemptions. Section 408(e) of the FFDCA allows EPA
to establish a tolerance or an exemption from the requirement of a
tolerance on its own initiative, i.e., without having received any
petition from an outside party.
    Section 408(b)(2)(A)(i) of the FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of the FFDCA defines ``safe'' to mean that ``there is
a reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of the FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
''
    Section 18 of the FIFRA authorizes EPA to exempt any Federal or
State agency from any provision of FIFRA, if EPA determines that
``emergency conditions exist which require such exemption.'' This
provision was not amended by the Food Quality Protection Act of 1996
(FQPA). EPA has established regulations governing such emergency
exemptions in 40 CFR part 166.
    EPA is also revising the tolerance expression in Sec.  180.377(b)
to be consistent with the preferable wording as expressed in Sec.
180.377(a)(2).

III. Emergency Exemption for Diflubenzuron on Lemon and FFDCA
Tolerances

    In the fall of 2005 and spring of 2006, active infestations of
Diaprepes root weevil were detected including one lemon orchard (28
acres) in commercial sites in Long Beach, Newport Beach, Carlsbad,
Encintas, and La Jolla, California. The California Department of Food
and Agriculture (CDFA) has quarantined these sites and has already
initiated eradication treatments using products that impact various
life stages of this insect. The emergency use of diflubenzuron is
needed to treat the egg stage of the weevil when they are detected in
lemon. The overall program involves treatment for larval and adult
stages as well. EPA has authorized under FIFRA section 18 the use of
diflubenzuron on lemon for control of Diaprepes root weevil in
California. After having reviewed the submission, EPA concurs that
emergency conditions exist for this State.
    As part of its assessment of this emergency exemption, EPA assessed
the potential risks presented by residues of diflubenzuron in or on
lemon. In doing so, EPA considered the safety standard in section
408(b)(2) of the FFDCA, and EPA decided that the necessary tolerance
under section 408(l)(6) of the FFDCA would be consistent with the
safety standard and with FIFRA section 18. Consistent with the need to
move quickly on the emergency exemption in order to address an urgent
non-routine situation and to ensure that the resulting food is safe and
lawful, EPA is issuing this tolerance without notice and opportunity
for public comment as provided in section 408(l)(6) of the FFDCA.
Although this tolerance expires and is revoked on December 31, 2007,
under section 408(l)(5) of the FFDCA, residues of the pesticide not in
excess of the amounts specified in the tolerance remaining in or on
lemon after that date will not be unlawful, provided the pesticide is
applied in a manner that was lawful under FIFRA, and the residues do
not exceed a level that was authorized by this tolerance at the time of
that application. EPA will take action to revoke this tolerance earlier
if any experience with, scientific data on, or other relevant
information on this pesticide indicate that the residues are not safe.
    Because this tolerance is being approved under emergency
conditions, EPA has not made any decisions about whether diflubenzuron
meets EPA's registration requirements for use on lemon or whether a
permanent tolerance for this use would be appropriate. Under these
circumstances, EPA does not believe that this tolerance serves as a
basis for registration of diflubenzuron by a State for special local
needs under FIFRA section 24(c). Nor does this tolerance serve as the
basis for any State other than California to use this pesticide on this
crop under section 18 of FIFRA without following all provisions of
EPA's regulations implementing FIFRA section 18 as identified in 40 CFR
part 166. For additional information regarding the emergency exemption
for diflubenzuron, contact the Agency's Registration Division at the
address provided under FOR FURTHER INFORMATION CONTACT.

IV. Aggregate Risk Assessment and Determination of Safety

    EPA performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. For further discussion of the
regulatory requirements of section 408 of the FFDCA and a complete
description of the risk assessment process, see http://www.epa.gov/fedrgstr/EPA-PEST/1997/November/Day-26/p30948.htm
.

    Consistent with section 408(b)(2)(D) of the FFDCA, EPA has reviewed
the available scientific data and other relevant information in support
of this action. EPA has sufficient data to assess the hazards of
diflubenzuron and to make a determination on aggregate exposure,
consistent with section 408(b)(2) of the FFDCA, for a time-limited
tolerance for combined residues of diflubenzuron in or on lemon at 0.8
ppm. EPA's assessment of the dietary exposures and risks associated
with establishing the tolerance follows.

A. Toxicological Endpoints

    For hazards that have a threshold below which there is no
appreciable risk, the dose at which no adverse effects are observed
(the NOAEL) from the toxicology study identified as appropriate for use
in risk assessment is used to estimate the toxicological level of
concern (LOC). However, the lowest dose at which adverse effects of
concern are identified (the LOAEL) is sometimes used for risk
assessment if no NOAEL was achieved in the toxicology study selected.
An uncertainty factor (UF) is applied to reflect uncertainties inherent
in the extrapolation from laboratory animal data to humans and in the
variations in sensitivity among members of the human population as well
as other unknowns.
    The linear default risk methodology (Q*) is the primary method
currently used by the Agency to quantify non-threshold hazards such as
cancer. The Q* approach assumes that any amount of exposure will lead
to some degree of cancer risk, estimates risk in terms of the
probability of occurrence of additional cancer cases. More information
can be found on the general principles EPA uses in risk
characterization athttp://www.epa.gov/pesticides/health/human.htm. A

summary of the toxicological endpoints for diflubenzuron used for human
risk assessment is discussed in Unit III.B. of the final rule published
in the Federal Register of September 19, 2002 (67 FR 59006) (FRL-7200-
4).

B. Exposure Assessment

    1. Dietary exposure from food and feed uses. Tolerances for
residues of diflubenzuron are established under 40 CFR 180.377.
Tolerances listed in 40 CFR 180.377(a)(1) are expressed in terms of
diflubenzuron per se. Under this section, tolerances of 0.05-6.0 ppm
are established for residues in/on eggs; milk; fat and meat of cattle,
goat, hog, horse, poultry, and sheep; poultry meat byproducts;
cottonseed; mushroom; grapefruit, orange (sweet); tangerine; soybean
hulls; and globe artichoke. Tolerances listed in 40 CFR 180.377(a)(2)
are expressed in terms of the combined residues of diflubenzuron and
its metabolites 4-chlorophenylurea (CPU) and 4-chloroaniline (PCA).
Under this section, tolerances of 0.02-55.0 pm are established for
residues in/on rice grain and straw; barley grain, straw, and hay; oat,
forage, grain, hay, and straw; wheat forage, grain, hay, and straw;
grain aspirated fractions; brassica, leafy greens, subgroup 5B; grass,
forage, fodder, and hay, group 17; tree nuts (group 14); peanut, peanut
hay and refined oil; pistachios; fruit, stone (group 12) except cherry;
meat byproducts of cattle, goat, hog, horse, and sheep; pear; pepper;
pummelo; turnip greens; and almond hulls. Time-limited tolerances
listed in 40 CFR 180.377(b) are expressed in terms of the combined
residues of diflubenzuron and its metabolites CPU and PCA, expressed as
the parent diflubenzuron, in connection with use of the pesticide under
Section 18 Emergency Exemptions granted by EPA. Risk assessments were
conducted by EPA to assess dietary exposures from diflubenzuron in food
as follows:
    i. Acute exposure. Acute dietary risk assessments are performed for
a food-use pesticide if a toxicological study has indicated the
possibility of an effect of concern occurring as a result of a 1-day or
single exposure. The diflubenzuron toxicology studies indicated no
possibility of such an effect for either the general U.S. population
(including infants and children) or the females 13-50 years old
population subgroup for diflubenzuron; therefore, an acute dietary
exposure analysis was not performed.
    ii. Chronic exposure. In conducting this chronic dietary risk
assessment the Dietary Exposure Evaluation Model (DEEM-FCID\TM\)
analysis evaluated the individual food consumption as reported by
respondents in the U.S. Department of Agriculture (USDA) 1994-1996 and
1998 Nationwide Continuing Surveys of Food Intake by Individuals
(CSFII) and accumulated exposure to the chemical for each commodity.
The following assumptions were made for the chronic exposure
assessments: A chronic dietary-exposure assessment was conducted using
the established/recommended tolerances for all food commodities, 100%
CT information for all proposed and existing uses, and DEEM(\TM\)
Version 7.81 default processing factors for some processed commodities.
    iii. Cancer. The Agency has classified diflubenzuron as ``Group
E,'' evidence of non-carcinogenicity for humans, based on lack of
evidence of carcinogenicity in rats and mice. There are also two
metabolites of diflubenzuron; PCA and CPU. PCA tested positive for
splenic tumors in male rats and hepatocellular adenomas/carcinomas in
male mice in a National Toxicology Program (NTP) study. Therefore, EPA
classified PCA as a ``Group B2'' probable human carcinogen. The Agency
determined for those commodities that contained PCA and CPU, the Q1* of
PCA should be used to calculate the cancer risk from the sum of these
two metabolites.
    Based on the submitted metabolism studies, there are two possible
sources for dietary exposure to PCA and CPU: Residues in mushrooms and
residues in milk and liver. Because human exposure to PCA and CPU will
not be affected by the proposed new uses, and EPA has previously
concluded that exposure to these compounds is safe, therefore, the
cancer dietary risk from PCA and CPU will not be addressed in this
document. For a detailed discussion on the exposure and risks to PCA
and CPU, please refer to the September, 2002 Federal Register document
titled Diflubenzuron; Pesticide Tolerances (September 19, 2002, FR 67
59006); http://www.epa.gov/fedrgstr/EPA-PEST/2002/September/Day-19/p23818.htm
.

    2. Dietary exposure from drinking water. The Agency lacks
sufficient monitoring exposure data to assess dietary exposure to
diflubenzuron in drinking water based on measured drinking water
concentrations. Because the Agency does not have comprehensive
monitoring data, drinking water concentration estimates are made by
reliance on simulation or modeling taking into account data on the
physical characteristics of diflubenzuron. Further information
regarding EPA drinking water models used in pesticide exposure
assessment can be found at http://www.epa.gov/oppfed1/models/water/index.htm.
 Based on the Pesticide Root Zone Model/Exposure Analysis

Modeling System (PRZM/EXAMS) and Screening Concentrations in Ground
Water (SCI-GROW) models, the estimated environmental concentrations
(EECs) of diflubenzuron and the major degradate CPU for chronic
exposures are estimated

to be 2.76 parts per billion (ppb) for surface water and 0.208 ppb for
ground water. Modeled estimates of drinking water concentrations were
directly entered into the dietary exposure model (DEEM-FCID\TM\,
Version 2.03). For chronic dietary risk assessment, the annual average
concentration of 2.76 ppb was used to represent the drinking water
contribution to chronic dietary exposure for diflubenzuron.
    3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., for lawn and garden pest control, indoor pest control,
termiticides, and flea and tick control on pets). Although there are no
registered homeowner uses, there are registered uses for professional
applications to outdoor residential and recreational areas to control
mosquitoes, moths, and other insects. In addition, certain residential
use sites will be treated in association with this emergency exemption
for the control of the Diaprepes root weevil. However, EPA considers
the potential for post-application residential exposure to be low.
Further, diflubenzuron has a low dermal absorption rate (0.5%) and will
be only applied to the tree canopy.
    4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of the FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
    Unlike other pesticides for which EPA has followed a cumulative
risk approach based on a common mechanism of toxicity, EPA has not made
a common mechanism of toxicity finding as to diflubenzuron and any
other substances and diflubenzuron does not appear to produce a toxic
metabolite produced by other substances. For the purposes of this
tolerance action, therefore, EPA has not assumed that diflubenzuron has
a common mechanism of toxicity with other substances. For information
regarding EPA's efforts to determine which chemicals have a common
mechanism of toxicity and to evaluate the cumulative effects of such
chemicals, see the policy statements released by EPA's OPP concerning
common mechanism determinations and procedures for cumulating effects
from substances found to have a common mechanism on EPA's website at
http://www.epa.gov/pesticides/cumulative/.

C. Safety Factor for Infants and Children

    1. In general. Section 408 of the FFDCA provides that EPA shall
apply an additional tenfold margin of safety for infants and children
in the case of threshold effects to account for prenatal and postnatal
toxicity and the completeness of the database on toxicity and exposure
unless EPA determines that a different margin of safety will be safe
for infants and children. Margins of safety are incorporated into EPA
risk assessments either directly through use of a MOE analysis or
through using uncertainty (safety) factors in calculating a dose level
that poses no appreciable risk to humans.
    2. Prenatal and postnatal sensitivity. Based on the developmental
and reproductive toxicity studies, there is no indication of increased
susceptibility of rats or rabbits to in utero or postnatal exposure.
    3. Conclusion. There is a complete toxicity database for
diflubenzuron and exposure data are complete or are estimated based on
data that reasonably accounts for potential exposures. EPA determined
that the additional FQPA 10X safety factor to protect infants and
children was not needed. This decision was based on the following:
    i. There is a complete toxicity database for diflubenzuron;
    ii. There is no indication of increased susceptibility of rats or
rabbits to in utero or postnatal exposure;
    iii. A developmental neurotoxicity study (DNT) with diflubenzuron
is not required;
    iv. Food and drinking water exposure assessments will not
underestimate the potential exposure for infants and children; and
    v. The potential for post-application residential exposures are
expected to be limited. Due to the low dermal absorption rate (0.5%) of
diflubenzuron, and since it is only applied to the tree canopy to
control gypsy moths and mosquitoes, minimal bystander contact is
expected.

D. Aggregate Risks and Determination of Safety

    1. Acute risk. Because there were no toxic effects attributable to
a single dose of diflubenzuron, it is not expected to pose an acute
risk.
    2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that exposure to
diflubenzuron from food will utilize 12% of the cPAD for the U.S.
population, 12% of the cPAD for all infants less than 1 year old and
38% of the cPAD for children 1-2 years old. There are no residential
uses for diflubenzuron that result in chronic residential exposure to
diflubenzuron. EPA does not expect the aggregate exposure to exceed
100% of the cPAD.
    3. Short-term risk. Short-term aggregate exposure takes into
account residential exposure plus chronic exposure to food and water
(considered to be a background exposure level).
    The aggregate risk is the sum of the risk from food and water,
which do not exceed the Agency's LOC.
    4. Intermediate-term risk. Intermediate-term aggregate exposure
takes into account non-dietary, non-occupational exposure plus chronic
exposure to food and water (considered to be a background exposure
level).
    The aggregate risk is the sum of the risk from food and water,
which do not exceed the Agency's LOC.
    5. Aggregate cancer risk for U.S. population. Based on the
available evidence, which included adequate carcinogenicity studies in
rats and mice, and battery of negative mutagenicity studies,
diflubenzuron has been classified as ``Group E,'' evidence of non-
carcinogenicity for humans, by the Agency. As noted in Unit
III.C.1.iii. of this document, the Agency has concluded that human
exposure to PCA and CPU (metabolites of diflubenzuron) will not be
affected by the proposed new uses. EPA has previously found aggregate
exposure to these compounds to be safe. (September 19, 2002, 67 FR
59006); http://www.epa.gov/fedrgstr/EPA-PEST/2002/September/Day-19/p23818.htm
.

    6. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population, and to infants and children from aggregate
exposure to diflubenzuron residues.

V. Other Considerations

A. Analytical Enforcement Methodology

    There are adequate enforcement methods, published in the Pesticide
Analytical Manual (PAM, Vol. II), for determining diflubenzuron
residues of concern. In addition, a new analytical methodology for
plant commodities was successfully validated by an independent
laboratory as well as by Agency chemists at the Analytical Chemistry
Branch (ACB)/Biological and Economics Analysis Division (BEAD) in
conjunction with an approved rice petition (PP 8F4925). The new methods
were forwarded to the Food and Drug Administration (FDA) for
publication in PAM Vol. II as Roman Numeral Methods. These methods can
separately determine residues of diflubenzuron by

gas chromatography/electron-capture detection (GC/ECD), CPU by GC/ECD,
and PCA by GC/mass spectrometry (MS).

B. International Residue Limits

    The Codex Alimentarius has established maximum residue limits
(MRL), expressed in terms of diflubenzuron per se, for many commodities
including: Apple (5 ppm), citrus fruits (0.5 ppm), edible offal
(mammalian) (0.1 ppm), eggs (0.05 ppm), meat (from mammals other than
marine mammals) (0.1 ppm), milks (0.02 ppm), mushrooms (0.3 ppm), pear
(5 ppm), pome fruits (5 ppm), poultry meat (0.05 ppm), rice (0.01 ppm),
and rice straw and fodder (dry) (0.7 ppm). As the U.S. residue
definition includes CPU and PCA, compatibility is not possible with the
proposed tolerance.

VI. Conclusion

    Therefore, the tolerance is established for of the insecticide
diflubenzuron, (N-[[(4-chlorophenyl)amino]carbonyl]-2,6-
difluorobenzamide and its metabolites 4-chlorophenylurea and 4-
chloroaniline in or on lemon at 0.8 ppm.

VII. Statutory and Executive Order Reviews

    This final rule establishes a tolerance under section 408(d) of
FFDCA in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993). Because this rule has been
exempted from review under Executive Order 12866, this rule is not
subject to Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355,
May 22, 2001) or Executive Order 13045, entitled Protection of Children
from Environmental Health Risks and Safety Risks (62 FR 19885, April
23, 1997). This final rule does not contain any information collections
subject to OMB approval under the Paperwork Reduction Act (PRA), 44
U.S.C. 3501 et seq., nor does it require any special considerations
under Executive Order 12898, entitled Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under section 408(d) of FFDCA, such as the tolerance in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
    This final rule directly regulates growers, food processors, food
handlers and food retailers, not States or tribes, nor does this action
alter the relationships or distribution of power and responsibilities
established by Congress in the preemption provisions of section
408(n)(4) of FFDCA. As such, the Agency has determined that this action
will not have a substantial direct effect on States or tribal
governments, on the relationship between the national government and
the States or tribal governments, or on the distribution of power and
responsibilities among the various levels of government or between the
Federal Government and Indian tribes. Thus, the Agency has determined
that Executive Order 13132, entitled Federalism (64 FR 43255, August
10, 1999) and Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (65 FR 67249, November 6,
2000) do not apply to this rule. In addition, This rule does not impose
any enforceable duty or contain any unfunded mandate as described under
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law
104-4).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).

VIII. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of this final rule in the Federal
Register. This final rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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

    Dated: July 6, 2007.
Donald R. Stubbs,
Acting Director, Registration Division, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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

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

0
2. Section 180.377, paragraph (b) is amended by:
    i. Revising the introductory text and
    ii. Alphabetically adding the commodity ``Lemon'' to the table to
read as follows:

Sec. 180.377   Diflubenzuron; tolerances for residues.

    (b) Section 18 emergency exemptions. Time-limited tolerances are
established for of the insecticide diflubenzuron, (N-[[(4-
chlorophenyl)amino]carbonyl]-2,6- difluorobenzamide and its metabolites
4-chlorophenylurea and 4-chloroaniline, in connection with use of the
pesticide under section 18 emergency exemptions granted by EPA. The
tolerances are specified in the following table, and will expire and
are revoked on the dates specified.

------------------------------------------------------------------------
                                                          Expiration/
             Commodity              Parts per million   revocation date
------------------------------------------------------------------------
                                * * * * *
Lemon.............................                0.8         12/31/2010
                                * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. E7-14161 Filed 7-24-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Rules and Regulations]
[Page 10857]
[FR Doc No: 2021-03229]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 234

[DOCKET No. FRA-2018-0096, Notice No. 3]
RIN 2130-AC72

State Highway-Rail Grade Crossing Action Plans; Correction

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Correcting amendment.

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SUMMARY: On December 14, 2020, FRA published a final rule amending
FRA's grade crossing safety standards. In preparing the final rule for
publication, an error was made that resulted in a cross-reference to
the wrong paragraph. FRA is correcting that inadvertent error.

DATES: Effective on February 23, 2021.

FOR FURTHER INFORMATION CONTACT: Kathryn Gresham, Attorney Adviser,
U.S. Department of Transportation, Federal Railroad Administration,
Office of the Chief Counsel (email<EMAIL_ADDRESS>telephone:
202-493-6063).

SUPPLEMENTARY INFORMATION: In Sec.  234.11 of FRA's December 14, 2020,
final rule requiring States and the District of Columbia to develop and
implement highway-rail grade crossing action plans, paragraph (d)
erroneously referenced paragraph (d)(2) for a list of 10 States
required to submit their updated highway-rail grade crossing action
plans and implementation reports electronically through FRA's website
in Portable Document Format (PDF). 85 FR 80648, 80660. The referenced
list is actually contained in paragraph (c)(3) of Sec.  234.11; there
is no paragraph (d)(2) in Sec.  234.11. Therefore, FRA is issuing this
correction amending paragraph Sec.  234.11(d) to refer to the actual
regulatory provision (Sec.  234.11(c)(3)) that contains the list of 10
States required to submit their updated highway-rail grade crossing
action plans and implementation reports to FRA. FRA is proceeding
directly to a final rule as it finds public notice and comment to be
unnecessary per the ``good cause'' exemption in 5 U.S.C. 553(b)(3)(B)
for this clearly inadvertent error.

List of Subjects in 49 CFR Part 234

    Highway safety, Penalties, Railroad safety, Reporting and
recordkeeping requirements, State and local governments.

The Final Rule

    For the reasons discussed in the preamble, FRA amends part 234 of
chapter II, subtitle B of title 49, Code of Federal Regulations, with
the following correcting amendment:

PART 234--GRADE CROSSING SAFETY

0
1. The authority citation for part 234 continues to read as follows:

    Authority:  49 U.S.C. 20103, 20107, 20152, 20160, 21301, 21304,
21311; Sec. 11401, Div. A, Pub. L. 114-94, 129 Stat. 1679 (49 U.S.C.
22501 note); and 49 CFR 1.89.

0
2. In Sec.  234.11, revise paragraph (d) to read as follows:

Sec.  234.11   State highway-rail grade crossing action plans.

* * * * *
    (d) Electronic submission of updated Action Plan and implementation
report. Each of the 10 States listed in paragraph (c)(3) of this
section shall submit its updated highway-rail grade crossing action
plan and implementation report electronically through FRA's website in
PDF form.
* * * * *

    Issued in Washington, DC.
Brett A. Jortland,
Acting Chief Counsel.
[FR Doc. 2021-03229 Filed 2-22-21; 8:45 am]
BILLING CODE 4910-06-P


EPA Office of Water United States Office of Science Environmental Protection and Technology June 30, 2002 Agency Washington, D. C. EPA 822 R 03 019 Drinking Water Criteria Document for Cyanogen Chloride and Potential Metabolites Final Draft Prepared for Health and Ecological Criteria Division Office of Science and Technology 401 M Street, SW Washington, DC 20460 VOLUME I


[Federal Register Volume 84, Number 50 (Thursday, March 14, 2019)]
[Notices]
[Pages 9320-9321]
[FR Doc No: 2019-04672]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: ER19-106-001; ER17-2364-003; ER10-2719-033; ER16-
2462-008; ER14-2500-009; ER14-2498-009; ER10-3099-021.
    Applicants: Birdsboro Power LLC, St. Joseph Energy Center, LLC,
East Coast Power Linden Holding, L.L.C., Oregon Clean Energy, LLC,
Newark Energy Center, LLC, EIF Newark, LLC, RC Cape May Holdings, LLC.
    Description: Notice of Non-Material Change in Status of Birdsboro
Power LLC, et al.
    Filed Date: 3/7/19.
    Accession Number: 20190307-5113.
    Comments Due: 5 p.m. ET 3/28/19.

    Docket Numbers: ER19-289-002; ER10-1827-007; ER10-1533-019; ER18-
2264-002; ER10-2791-0016;

ER10-2792-016; ER10-1575-014; ER10-2876-016; ER10-2931-016.
    Applicants: Cleco Cajun LLC, Cleco Power LLC, Macquarie Energy LLC,
Macquarie Energy Trading LLC, Bayou Cove Peaking Power, LLC, Big Cajun
I Peaking Power LLC, Cottonwood Energy Company LP, Louisiana Generating
LLC, NRG Sterlington Power LLC.
    Description: Notice of Non-Material Change in Status of Cleco Cajun
LLC, et al.
    Filed Date: 3/6/19.
    Accession Number: 20190306-5243.
    Comments Due: 5 p.m. ET 3/27/19.

    Docket Numbers: ER19-511-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Response to the Commission's 2/4/
2019 Deficiency Letter re: Peak Shaving to be effective 2/5/2019.
    Filed Date: 3/6/19.
    Accession Number: 20190306-5200.
    Comments Due: 5 p.m. ET 3/27/19.

    Docket Numbers: ER19-1206-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2019-03-07 ITC Midwest--
Louise Solar Project GIA (J523) to be effective 2/22/2019.
    Filed Date: 3/7/19.
    Accession Number: 20190307-5032.
    Comments Due: 5 p.m. ET 3/28/19.

    Docket Numbers: ER19-1207-000.
    Applicants: Prairie Breeze Wind Energy II LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff Filing to be effective 3/8/2019.
    Filed Date: 3/7/19.
    Accession Number: 20190307-5034.
    Comments Due: 5 p.m. ET 3/28/19.

    Docket Numbers: ER19-1209-000.
    Applicants: Buckeye Wind Energy LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff Filing to be effective 3/8/2019.
    Filed Date: 3/7/19.
    Accession Number: 20190307-5039.
    Comments Due: 5 p.m. ET 3/28/19.

    Docket Numbers: ER19-1211-000.
    Applicants: Midcontinent Independent System Operator, Inc.,
Northern States Power Company, a Minnesota, Great River Energy.
    Description: Sec.  205(d) Rate Filing: 2019-03-07 Filing to amend
RS 28 GRE JPZ Revenue Allocation Agreement to be effective 5/7/2019.
    Filed Date: 3/7/19.
    Accession Number: 20190307-5149.
    Comments Due: 5 p.m. ET 3/28/19.

    Docket Numbers: ER19-1212-000.
    Applicants: Midcontinent Independent System Operator, Inc., Great
River Energy.
    Description: Sec.  205(d) Rate Filing: 2019-03-07 Revisions to
Schedules 7, 8, and 9 regarding Willmar Municipal to be effective 5/7/
2019.
    Filed Date: 3/7/19.
    Accession Number: 20190307-5150.
    Comments Due: 5 p.m. ET 3/28/19.

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

    Docket Numbers: RR19-4-000.
    Applicants: North American Electric Reliability Corporation,
Florida Reliability Coordinating Council, Inc., SERC Reliability
Corporation.
    Description: Errata to February 27, 2019 Joint Petition of NERC, et
al. for Approvals in Connection with the Dissolution of the Florida
Reliability Coordinating Council, Inc. Regional Entity.
    Filed Date: 3/6/19.
    Accession Number: 20190306-5230.
    Comments Due: 5 p.m. ET 3/20/19.

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

    Dated: March 7, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-04672 Filed 3-13-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 125 (Thursday, June 28, 2018)]
[Notices]
[Pages 30473-30474]
[FR Doc No: 2018-13885]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83498; File No. SR-NYSEAMER-2018-30]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Rule 7.35E

June 22, 2018.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on June 18, 2018, NYSE American LLC (the ``Exchange'' or
``NYSE American'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 7.35E (Auctions) to revise the
securities for which it will report an Official Closing Price. The
proposed rule change is available on the Exchange's website at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to amend Exchange Rule 7.35E (Auctions) to
revise the securities for which it will report an Official Closing
Price.\4\ Rule 7.35E(d)(4) currently states that the Exchange reports
an Official Closing Price for all securities that trade on the
Exchange. This includes not only securities for which the Exchange is
the primary listing market, but also all UTP Securities that are traded
on the Exchange.\5\ Because the Exchange does not calculate an Official
Closing Price for UTP Securities when the Exchange reports an Official
Closing Price for such securities, the Exchange uses either the closing
price calculated by the primary listing market or, if no closing price
has been disseminated by the primary listing market, the last
consolidated last-sale price for such security.
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    \4\ The term ``Official Closing Price'' is defined in Exchange
Rule 1.1E(gg)(1).
    \5\ The term ``UTP Securities'' is defined in Rule 1.1E(ii).
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    The Exchange proposes to amend Rule 7.35E(d)(4) to provide that the
Exchange would disseminate an Official Closing Price for Auction-
Eligible Securities only. An Auction-Eligible Security is defined as
all ``securities for which the Exchange is the primary listing market
and UTP Securities designated by the Exchange.'' \6\ As a result, the
Exchange would report an Official Closing Price for only those
securities for which the Exchange calculates an Official Closing Price
pursuant to Rule 1.1E(gg). The Exchange believes that, by ceasing
reporting an Official Closing Price in securities that are not auction-
eligible on the Exchange, it would reduce the likelihood of disparate
or duplicative prices being disseminated and identified as a UTP
Security's formal closing price.
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    \6\ See Exchange Rule 7.35E(a)(1). To date, the Exchange has not
designated any UTP Securities as an Auction-Eligible Security.
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2. Statutory Basis
    The Exchange believes that the proposal is consistent with Section
6(b) of the Act,\7\ in general, and furthers the objectives of Sections
6(b)(5) of the Act,\8\ in particular, because it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to, and perfect the mechanisms of, a
free and open market and a national market system and, in general, to
protect investors and the public interest and because it is not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed rule change would remove
impediments to, and perfect the mechanisms of, a free and open market
and a national market system and, in general, protect investors and the
public interest because the Exchange would cease disseminating a
closing price for UTP Securities and only disseminate an Official
Closing Price for Auction-Eligible Securities. The Exchange believes
that this proposed rule change would reduce the likelihood of disparate
or duplicative prices being disseminated and identified as a UTP
Security's formal closing price. Therefore, the proposed rule change

would reduce potential investor confusion by ensuring that the Exchange
does not contribute to the dissemination of duplicative or disparate
closing prices for UTP Securities. For these reasons, the Exchange
believes that the proposal is consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\9\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act because the proposed rule change is not designed to
have a competitive impact. It is simply intended to amend the
Exchange's rules to state that it would disseminate an Official Closing
Price for Auction-Eligible Securities only. As a result, the Exchange
would no longer disseminate an Official Closing Price for UTP
Securities, reducing the likelihood of disparate or duplicative prices
being disseminated and identified as a UTP Security's formal closing
price.
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    \9\ 15 U.S.C. 78f(b)(8).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \12\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \13\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the proposed rule change may become operative upon filing. The Exchange
states that waiver of the operative delay would be consistent with the
protection of investors and the public interest because the proposed
rule change would reduce potential investor confusion regarding the
Official Closing Price for a UTP Security. The Exchange states that it
anticipates being able to implement the technology changes supporting
the proposed rule change within 30 days from filing.
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    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
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    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest.
Therefore, the Commission hereby waives the operative delay and
designates the proposal as operative upon filing.\14\
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    \14\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or 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 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 email to [email protected]. Please include
File Number SR-NYSEAMER-2018-30 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEAMER-2018-30. This
file number should be included on the subject line if email 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 website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions.
    You should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-NYSEAMER-2018-
30 and should be submitted on or before July 19, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-13885 Filed 6-27-18; 8:45 am]
BILLING CODE 8011-01-P


MEMORANDUM July 2, 2018 SUBJECT: Long-Term Care Facility Summary Data and Hazardous Waste Generation Data TO: EPA Docket EPA - HQ - RCRA - 2007 - 0932

This memorandum to the record contains two tables. The first table presents summary data on the number of long-term care facilities and beds at long-term care facilities from a Centers for Disease Control and Prevention report on long-term care providers in the United States. EPA used this data to estimate that long-term care facilities in the United States have an average of 58 beds. The second table presents data on the volume of hazardous waste generated annually at long-term care facilities that submitted a biennial hazardous waste report between 2001 and 2015 and submitted their report using a NAICS code beginning with 623 (Nursing and Residential Care Facilities). Data on the hazardous waste generated at long-term care facilities is limited because most long-term care facilities that generate hazardous waste are estimated to be very small quantity generators and are not federally required to submit biennial hazardous waste reports. Using this limited data, EPA estimates the average long-term care facility that submitted a biennial hazardous waste report generated 2.3005 tons (2,086 kg) of hazardous waste annually, or 0.1917 tons (173 kg) per month assuming that hazardous waste generation is distributed evenly throughout the year. Therefore, assuming the average long-term care facility has 58 beds, EPA estimates that the average long-term care facility that submitted a biennial hazardous waste report generated approximately 0.0033 tons (2.99 kg) of hazardous waste per bed per month. Extrapolating this data, EPA estimates the average long-term care facility will generate less than 100 kg of hazardous waste per month when it has 33 beds or fewer. Because the data are very limited and do not account for acute hazardous waste, EPA has conservatively chosen 20 beds as a reasonable cutoff for establishing a rebuttable presumption for the generator category of long-term care facilities. Long-term care facilities with more than 20 beds may still qualify as very small quantity generators (VSQGs), but they will not be presumed to be VSQGs.

Table 1: Long-term care services providers, by organization characteristics and sector: United States, 2013-2014[1] Characteristic Adult day services center Home health agency Hospice Nursing home Residential care community Total Number of providers 4,800 12,400 4,000 15,600 30,200 50,600[2] Total number of beds or licensed maximum capacity 289,400

1,633,300 1,000,000 2,922,700 Average number of beds or licensed maximum capacity 62

106 33 57.76 Notes:  Source: "Long-Term Care Providers and Services Users in the United States: Data From the National Study of Long-Term Care Providers, 2013-2014," Centers for Disease Control and Prevention, Vital and Health Statistics, Vol. 3 No. 38 February 2016.  Total excludes "Home health agency" and "Hospice" number of providers because number of beds not available.

Table 2: Long Term Care Facility Hazardous Waste Generation Data STATE HANDLER ID HANDLER NAME Total Annual HW Generation Tons IL ILR000177774 ANN M KILEY DEVELOPMENTAL CTR 1.63 AR AR4360010298 CENTRAL ARKANSAS VETERENS HEALTHCARE SYS 2.71 NY NYD986881050 GLENDALE NURSING HOME 1.20 IA IAD984590182 GLENWOOD RESOURCE CENTER 0.93 DE DED984076463 GOVERNOR BACON HEALTH CENTER 3.17 MI MIK189246531 LS BRINKER 1.13 NY NYR000135665 MASONIC CARE COMMUNITY OF NEW YORK 5 MT MTD986070852 MONTANA DEVELOPMENTAL CENTER 2.63 NY NYR000201483 RIVERSIDE - SCHOOL 60 3.08 CA CAD060125242 SONOMA DEVELOPMENTAL CENTER 3.91 NY NY0001508795 ST ANNS HOME 1.87 AR ARD983269705 ST. BERNARDS MEDICAL CENTER 1.33 DC DC8210021160 US SOLIDERS AND AIRMENS HOME 1.91 NY NYD098352305 WILTON DEVELOPMENT CENTER 1.71 Average Annual HW Tons

2.3005 Notes:  Source: RCRAInfo Biennial Reports database. Data includes facilities that submitted biennial reports between 2001 and 2015 and reported using a NAICS code beginning with 623. The data were manually reviewed to remove hospitals from the sample.  An average is used for facilities that provided more than one year of data.  The overall volume of hazardous waste generated is reported, including hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste (excluding acute generation).  The sample excludes statistical outliers (values above Q3+1.5 interquartile range).


[Federal Register: October 24, 2008 (Volume 73, Number 207)]
[Notices]
[Page 63490-63491]
[DOCID:fr24oc08-91]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0038]

Joint Meeting of the Pulmonary-Allergy Drugs Advisory Committee,
Drug Safety and Risk Management Advisory Committee, and the Pediatric
Advisory Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committees: Pulmonary-Allergy Drugs Advisory Committee,
Drug Safety and Risk Management Advisory Committee, and the Pediatric
Advisory Committee.
    General Function of the Committees: To provide advice and
recommendations to the agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on December 10 and 11,
2008, from 8:30 a.m. to 5 p.m.
    Location: Hilton Washington DC/Rockville, Plaza Ballrooms, 1750
Rockville Pike, Rockville, MD. The hotel phone number is<PHONE_NUMBER>.
    Contact Person: Kristine T. Khuc, Center for Drug Evaluation and
Research (HFD-21), Food and Drug Administration, 5630 Fishers Lane (for
express delivery, 5630 Fishers Lane, rm. 1093) Rockville, MD 20857,
301-827-7001, Fax:<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>or
FDA Advisory Committee Information Line, 1-800-741-8138<PHONE_NUMBER>
in the Washington, DC area), codes<PHONE_NUMBER>,<PHONE_NUMBER>, or 873-
231-0001. Please call the Information Line for up-to-date information
on this meeting. A notice in the Federal Register about last minute
modifications that impact a previously announced advisory committee
meeting cannot always be published quickly enough to provide timely
notice. Therefore, you should always check the agency's Web site and
call the appropriate advisory committee hot line/phone line to learn
about possible modifications before coming to the meeting.
    Agenda: The committees will discuss the benefit risk assessment of
long acting beta-2 adrenergic agonists for the treatment of asthma in
adults and children.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/ohrms/dockets/ac/acmenu.htm, click on
the year 2008 and scroll down to the appropriate advisory committee
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
November 25, 2008. Oral presentations from the public will be scheduled
between approximately 9 a.m. to 10 a.m. on December 11, 2008. Those
desiring to make formal oral presentations should notify the contact
person and submit a brief statement of the general nature of the
evidence or arguments they wish to present, the names and addresses of
proposed participants, and an indication of the approximate time
requested to make their presentation on or before November 10, 2008.
Time allotted for each presentation may be limited. If the number of
registrants requesting to speak is greater than can be reasonably
accommodated during the scheduled open public hearing session, FDA may
conduct a lottery to determine the speakers for the scheduled open
public hearing session. The contact person will notify interested
persons regarding their request to speak by November 17, 2008.
    Persons attending FDA's advisory committee meetings are advised
that the agency is not responsible for providing access to electrical
outlets.

    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Kristine T. Khuc at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/oc/advisory/
default.htm for procedures on public conduct during advisory committee
meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: October 16, 2008.
Randall W. Lutter,
Deputy Commissioner for Policy.
[FR Doc. E8-25386 Filed 10-23-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register: May 6, 2009 (Volume 74, Number 86)]
[Rules and Regulations]
[Page 20870-20871]
[DOCID:fr06my09-7]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

[Docket No. 090406632-9631-01]
RIN 0694-AC74

Removal of T 37 Jet Trainer Aircraft and Parts From the Commerce
Control List

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: This rule removes the T 37 jet trainer aircraft and specially
designed component parts from under the Department of Commerce's
licensing jurisdiction on the Commerce Control List (CCL). T 37 jet
trainer aircraft appear on the CCL administered by the Department of
Commerce, Bureau of Industry and Security (BIS). However, the
Department of State, Directorate of Defense Trade Controls (DDTC)
reviews license applications for these aircraft and parts. BIS is
removing these aircraft and parts from the CCL to avoid potentially
overlapping coverage and reduce the possibility of confusion by the
public.

DATES: This rule is effective: May 6, 2009.

FOR FURTHER INFORMATION CONTACT: Gene Christiansen in the Office of
National Security and Technology Transfer Controls, Bureau of Industry
and Security, U.S. Department of Commerce at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    Both DDTC and BIS exercise licensing jurisdiction over certain
exports and reexports. The policy for designating an item as being
subject to the International Traffic in Arms Regulations (ITAR) (22 CFR
parts 120-130) and, therefore, subject to DDTC licensing jurisdiction
is described in 22 CFR 120.3. Generally, that policy is to apply DDTC
licensing jurisdiction to items that are specifically designed,
developed, configured, adapted or modified for a military application.
Items not subject to DDTC

licensing jurisdiction or to the exclusive licensing jurisdiction of
another government agency are subject to the Export Administration
Regulations (EAR) and BIS's licensing jurisdiction.
    The T 37 jet trainer was designed as a military trainer aircraft.
Such aircraft are subject to the ITAR unless excluded under the
provisions of 22 CFR 121.3(b), which relate to the engine type and
power of the trainer aircraft. The T 37 and its specially designed
component parts do not meet the terms of that exclusion. However, the T
37 jet trainer aircraft and their specially designed component parts
have been listed on the CCL (found in 15 CFR Part 774, Supp. No. 1)
since at least 1993. As such, under a strict interpretation of ITAR and
the CCL as currently drafted, the T 37 jet trainer aircraft could fall
within the jurisdiction of both DDTC and BIS, potentially causing
members of the public to conclude incorrectly that an export license is
required from both agencies for this item. By removing T 37 jet trainer
aircraft from the CCL, this rule clarifies that export licenses should
not be obtained from BIS, avoids potentially overlapping coverage and
reduces the possibility of confusion on the part of the public. Export
and reexport license applications for the T 37 jet trainer aircraft and
parts should be directed to DDTC.

Rulemaking Requirements

    1. This rule has been determined to be not significant for purposes
of E.O. 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to, nor is subject to a penalty for failure to
comply with, a collection of information, subject to the requirements
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This regulation involves
a collection previously approved by the OMB under control number 0694-
0088, ``Multi-Purpose Application,'' which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748.
Miscellaneous and recordkeeping activities account for 12 minutes per
submission. BIS believes that this rule will have no impact on the
burden associated with that collection because the Department of State
exercises licensing jurisdiction over the aircraft or parts affected by
this rule and BIS has not issued a license for them in recent years.
    3. This rule does not contain policies with Federalism implications
as that term is defined under E.O. 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military and foreign affairs
function of the United States (5 U.S.C. 553(a)(1)). Further, no other
law requires that a notice of proposed rulemaking and an opportunity
for public comment be given for this final rule. Because a notice of
proposed rulemaking and an opportunity for public comment are not
required to be given for this rule under the Administrative Procedure
Act or by any other law, the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Therefore,
this regulation is issued in final form. Although there is no formal
comment period, public comments on this regulation are welcome on a
continuing basis. Comments should be submitted to William Arvin, Office
of Exporter Services, Bureau of Industry and Security, Department of
Commerce, Room H2705, Washington, DC 20230.

List of Subjects in 15 CFR Part 774

    Exports, Foreign trade.

0
Accordingly, part 774 of the Export Administration Regulations (15 CFR
parts 730 through 774) is amended as follows:

PART 774--[AMENDED]

0
1. The authority citation for 15 CFR part 774 continues to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5;
22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; Notice of July 23, 2008, 73 FR 43603 (July 25, 2008).

0
2. In Supplement No. 1 to Part 774, Category 9--Propulsion Systems,
Space Vehicles and Related Equipment, Export Control Classification
Number 9A018, revise paragraph a. of the Items paragraph of the List of
Items Controlled section to read as follows:

9A018 Equipment on the Wassenaar Arrangement Munitions List

* * * * *

List of Items Controlled

    * * *
    Items: a. Military trainer aircraft bearing ``T'' designations:
    a.1. Using reciprocating engines; or
    a.2. Turbo prop engines with less than 600 horse power (h.p.);
and
    a.3. Specially designed component parts.
* * * * *

    Dated: April 29, 2009.
Matthew S. Borman,
Acting Assistant Secretary for Export Administration.
[FR Doc. E9-10468 Filed 5-5-09; 8:45 am]

BILLING CODE 3510-33-P