[Federal Register Volume 79, Number 83 (Wednesday, April 30, 2014)]
[Rules and Regulations]
[Pages 24347-24350]
[FR Doc No: 2014-09843]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 168

[EPA-HQ-OPP-2009-0607; FRL-9909-82]
RIN 2070-AJ53

Labeling of Pesticide Products and Devices for Export

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is amending the regulations that pertain to labeling of
pesticide products and devices intended solely for export. This action
will allow placement of the required information on collateral labeling
attached to the shipping container of such products rather than on the
immediate package of each individual product in such a shipment. This
restores provisions that previously allowed exporters to use labeling
attached to, or accompanying, the product shipping container of the
export pesticide at all times when shipped or held for shipment in the
United States.

DATES: This direct final rule is effective July 29, 2014.
    Written adverse comments must be received on or before May 30,
2014. If EPA receives adverse comment, EPA will withdraw this direct
final rule before its effective date.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0607, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Kathryn Boyle, Field and External
Affairs Division (7506P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Executive Summary

A. Does this action affect me?

    You may be potentially affected by this action if you export a
pesticide product, a pesticide device, or an active ingredient used in
producing a pesticide. The following North American Industrial
Classification System (NAICS) code category is not intended to be
exhaustive, but rather provides a guide to help readers determine
whether this document applies to them. Potentially affected entities
may include, but are not limited to: Pesticide and other agricultural
chemical manufacturing (NAICS code 325320), e.g., pesticide
manufacturing, insecticide manufacturing, herbicide manufacturing, and
fungicide manufacturing.

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

    This action is issued under the authority of section 25(a) of the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C.
136w(a), to carry out the provisions of FIFRA section 17(a), 7 U.S.C.
136o(a).

C. What action is the Agency taking?

    EPA is revising the regulations that pertain to labeling of
pesticide products and devices intended solely for export. This action
will allow placement of the required information on collateral labeling
attached to a shipping container of such products rather than on the
label of each individual product in such a shipment.

D. What are the impacts of this action?

    There are no costs associated with this action, and the benefits
provided are related to avoiding potential costs. Without these
labeling provisions, registrants would be required to place

export-related labeling on the immediate package of each individual
pesticide product in a shipping container that is intended solely for
export. According to stakeholders, the inability to use the labeling
method allowed under the previous regulations could significantly
increase their costs and create trade barriers.

II. What are the direct final rule procedures?

    EPA is issuing a direct final rule, which means that the effective
date of this direct final rule is July 29, 2014.
    If EPA receives written adverse comments on or before May 30, 2014,
EPA will withdraw the direct final rule before its effective date;
issue a proposed rule to seek public comment on the issue(s) raised by
the adverse comments received, provide a 30-day period for public
comment on that issue; and then issue a new final rule.

III. Background

A. Summary of the 2011 Proposed Rule

    On April 6, 2011 (76 FR 18995) (FRL-8862-2), EPA issued a notice of
proposed rulemaking (NPRM) titled, ``Regulation to Clarify Labeling of
Pesticides for Export.'' EPA proposed to clarify, restructure, and add
specificity to labeling regulations for the export of unregistered
pesticide products and devices. In that NPRM, EPA proposed to
explicitly require labeling to accompany the unregistered export
pesticide product or device at all times, even when such products are
being shipped between registered establishments operated by the same
producer.

B. Public Comments on the NPRM

    The public comment period for the April 6, 2011, NPRM closed on
June 6, 2011, and six sets of comments were submitted. Two of the
commenters pointed out several inconsistencies in the use of the terms
``label,'' ``labeling,'' and ``supplemental labeling'' in the proposal.
One of those commenters also urged ``that all labeling requirements
should be in compliance with existing regulations under 40 CFR 156.''
The comments are available in the docket under docket ID number EPA-HQ-
OPP-2009-0607.
    EPA analyzed the comments and prepared a response to comments
document, which is available in the docket under document number EPA-
HQ-OPP-2009-0607-0016. As part of analyzing the comment on
inconsistencies in the use of the terms ``label,'' ``labeling,'' and
``supplemental labeling,'' EPA referred to the FIFRA definitions of
``label'' and ``labeling.'' FIFRA section 2(p)(1) defines label as
``the written, printed, or graphic matter on, or attached to, the
pesticide or device or any of its containers or wrappers.'' Under FIFRA
section 2(p)(2), labeling is a more inclusive term which includes
labels as well as ``all other written, printed, or graphic matter''
that accompanies the product at any time, or to which reference is made
on a label or in literature accompanying the pesticide or device.
Because the two terms are not interchangeable, EPA agreed that
inconsistent use could create confusion. Thus, as EPA began to write
the regulatory text for the final rule, the Agency carefully evaluated
the regulatory text for possibly confusing uses of the terms ``label''
and ``labeling.''
    During that evaluation, and bearing in mind the comment that ``all
labeling requirements should be in compliance with existing regulations
under 40 CFR 156,'' EPA analyzed proposed Sec.  168.66(b). This section
specified that ``the required label information may be fully met by''
and then provided several examples of ways to provide the required
label information. One of the examples referred to ``supplemental
labeling.'' At that time, EPA determined to provide a reference to the
existing label regulations in 40 CFR part 156, instead of providing
examples of ways to meet the required label information. Specifically,
EPA referred to 40 CFR 156.10(a)(4), which is titled ``Placement of
Label,'' believing that provision would provide appropriate and
accurate information.

C. The 2013 Final Rule

    The final rule titled ``Labeling of Pesticide Products and Devices
for Export; Clarification of Requirements'' published on January 18,
2013 (78 FR 4073) (FRL-9360-8). The rule was effective on March 19,
2013, with a compliance date of January 21, 2014.

IV. This Direct Final Rule

    Industry stakeholders subsequently brought to the Agency's
attention their concern that removing the term ``supplemental
labeling'' resulted in the removal of a provision stating that such
supplemental labeling can be attached to a shipping container holding
export pesticides or devices rather than to each individual product
container in a shipment. They stated that the inability of registrants
to use ``supplemental labeling'' in that manner could create trade
barriers and increase costs. The purpose of this direct final rule is
to address those concerns.
    EPA now believes that the term ``supplemental labeling'' is not the
appropriate term to describe the material or documentation used to meet
the requirements of the export labeling rules. To more accurately
describe the materials other than ``labels'' that are acceptable for
meeting these requirements, EPA believes that a better term is
``collateral labeling.'' EPA has already described collateral labeling
in the Label Review Manual (LRM), page 3-2 (see http://www.epa.gov/oppfead1/labeling/lrm/chap-03.pdf) as follows:

    Bulletins, leaflets, circulars, brochures, data sheets, flyers
or other written, printed or graphic matter which are referred to on
the label or which are to accompany the product are known in Agency
practice as ``collateral labeling.'' Such labeling is subject to
applicable requirements of FIFRA and the Agency's regulations.

    Accordingly, in this direct final rule EPA is using the term
``collateral labeling'' in restoring the ability of exporters to comply
with export labeling requirements through materials that are not
attached to each individual export product's immediate container. EPA
is revising existing 40 CFR 168.66 to remove the reference to 40 CFR
156.10(a)(4), and to restore the inadvertently eliminated provisions
that allowed exporters to use such collateral labeling attached to, or
accompanying, the product shipping container of the export pesticide at
all times when shipped or held for shipment in the United States. EPA
will also restructure 40 CFR part 168, subpart D, by moving the text in
Sec.  168.68 and some of the text in Sec.  168.66 to new Sec.  168.65.

V. FIFRA Review Requirements

    In accordance with FIFRA section 25(a), EPA submitted the draft
direct final rule to the Secretary of Agriculture (USDA), the FIFRA
Scientific Advisory Panel (SAP), and appropriate Congressional
Committees. On February 10, 2014, the FIFRA SAP waived its review of
this direct final rule because the changes ``are administrative in
nature and do not contain scientific issues that require the SAP's
consideration.'' On March 12, 2014, USDA waived review of this direct
final rule, because this action merely ``corrects the regulatory
text.''

VI. Statutory and Executive Order Reviews

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

    This direct final rule is not a ``significant regulatory action''
under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993)
and was not, therefore, submitted to the Office of

Management and Budget (OMB) for review under Executive Orders 12866 and
13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act (PRA)

    According to the PRA, 44 U.S.C. 3501 et seq., an agency may not
conduct or sponsor, and a person is not required to respond to a
collection of information that requires OMB approval under PRA, unless
it has been approved by OMB and displays a currently valid OMB control
number. The OMB control numbers for EPA regulations in title 40 of the
CFR, after appearing in the Federal Register , are listed in 40 CFR
part 9, and included on the related collection instrument or form, as
applicable.
    The information collection requirements associated with reporting
under 40 CFR part 168 have already been approved by OMB pursuant to PRA
under OMB control number 2070-0027 (EPA ICR No. 0161). This direct
final rule is not expected to involve an increase in information
collection activities and there are no additional burdens imposed by
this direct final rule that requires additional review or approval by
OMB.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA, 5
U.S.C. 601 et seq. In making this determination, the impact of concern
is any significant adverse economic impact on small entities, because
the primary purpose of a final regulatory flexibility analysis is to
identify and address regulatory alternatives that ``minimize the
significant economic impact on small entities'' 5 U.S.C. 604. Thus, an
agency may certify that a rule will not have a significant economic
impact on a substantial number of small entities if the rule has no net
burden effect on the small entities subject to the rule. As indicated
previously, EPA is restoring a provision that was inadvertently removed
from the regulation. We have therefore concluded that this action will
have no net regulatory burden for all directly regulated small
entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action imposes no enforceable duty on any
State, local or tribal governments, because no State, local, or tribal
government is known to produce, transport, formulate, package, or
export unregistered pesticide products or devices. As indicated
previously, EPA is restoring a provision that was inadvertently removed
from the regulation. As such, the action will have a net affect on
producers, transporters, formulators, packagers, and exporters of
unregistered pesticide products and devices intended solely for export.

E. Executive Order 13132: Federalism

    This action will not have substantial direct effect on States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government, as specified in Executive Order 13132 (64 FR 43255,
August 10, 1999).

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

    This action does not have tribal implications because it is
expected to only affect producers, transporters, formulators,
packagers, and exporters of unregistered pesticide products and
devices. Since no Indian tribal government is known to produce,
transport, formulate, package, or export unregistered pesticide
products or devices, this action has no tribal implications.
Accordingly, the requirements of Executive Order 13175 (65 FR 67249,
November 9, 2000) do not apply to this action.

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

    This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997), because this action does not address environmental
health or safety risks disproportionately affecting children.

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

    This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because this action is not expected to affect energy
supply, distribution, or use.

I. National Technology Transfer and Advancement Act (NTTAA)

    Since this action does not involve any technical standards, NTTAA
section 12(d), 15 U.S.C. 272 note, does not apply to this action.

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

    EPA has determined that this action will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population. As such, this action does not entail special
considerations of environmental justice-related issues as delineated by
Executive Order 12898 (59 FR 7629, February 16, 1994).

VII. Congressional Review Act (CRA)

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

List of Subjects in 40 CFR Part 168

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

    Dated: April 24, 2014.
James Jones,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.

    Therefore, 40 CFR chapter I is amended as follows:

PART 168--[AMENDED]

0
1. The authority citation for part 168 continues to read as follows:

    Authority:  7 U.S.C. 136-136y.

0
2. Revise the heading for subpart D to part 168 to read as follows:

Subpart D--Procedures for Exporting Pesticides

0
3. Add Sec.  168.65 to subpart D to read as follows:

Sec.  168.65  Applicability.

    (a) This subpart describes the labeling requirements applicable to
pesticide products and devices that are intended solely for export from
the United States

under the provisions of FIFRA section 17(a).
    (b) This subpart applies to all export pesticide products and
export pesticide devices that are exported for any purpose, including
research.
    (c) Export pesticide products and export pesticide devices are also
subject to requirements for pesticide production reporting,
recordkeeping and inspection and purchaser acknowledgement provisions
that can be found in the following parts:
    (1) Pesticide production reporting requirements under FIFRA section
7 are located in part 167 of this chapter (as referenced in Sec.
168.85(b)).
    (2) Recordkeeping and inspection requirements under FIFRA section 8
are located in part 169 of this chapter (as referenced in Sec.
168.85(a)).
    (3) Purchaser acknowledgement statement provisions under FIFRA
section 17(a) are located in Sec.  168.75.

0
4. Revise Sec.  168.66 to read as follows:

Sec.  168.66  Labeling of pesticide products and devices for export.

    Any label and labeling information requirements in Sec. Sec.
168.69, 168.70, and 168.71 that are not met fully on the product label
attached to the immediate product container may be met by collateral
labeling that is either:
    (a) Attached to the immediate product (container label); or
    (b) Attached to or accompanies the shipping container of the export
pesticide or export device at all times when it is shipped or held for
shipment in the United States.

Sec.  168.68  [Removed and Reserved]

0
5. Remove and reserve Sec.  168.68.

0
6. Revise Sec.  168.69(a) to read as follows:

Sec.  168.69  Registered export pesticide products.

    (a) Each export pesticide product that is registered under FIFRA
section 3 or FIFRA section 24(c) must bear labeling approved by EPA for
its registration or collateral labeling in compliance with Sec.
168.66.
* * * * *

0
7. Revise Sec.  168.70(b) to read as follows:

Sec.  168.70  Unregistered export pesticide products.

* * * * *
    (b) Each unregistered export pesticide product must bear labeling
that complies with all requirements of this section or collateral
labeling in compliance with Sec.  168.66.
* * * * *

0
8. Revise Sec.  168.71(a) to read as follows:

Sec.  168.71  Export pesticide devices.

    (a) Each export pesticide device sold or distributed anywhere in
the United States must bear labeling that complies with all
requirements of this section or collateral labeling in compliance with
Sec.  168.66.
* * * * *
[FR Doc. 2014-09843 Filed 4-25-14; 4:15 pm]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 232 (Monday, December 3, 2012)]
[Notices]
[Page 71590]
[FR Doc No: 2012-29079]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14467-000]

 New England Hydropower Company, LLC; Notice of Preliminary
Permit Application Accepted for Filing and Soliciting Comments, Motions
To Intervene, and Competing Applications

    On November 9, 2012, the New England Hydropower Company, LLC, filed
an application for a preliminary permit, pursuant to section 4(f) of
the Federal Power Act (FPA), proposing to study the feasibility of the
Cochrane Dam Hydroelectric Project (Cochrane Dam Project or project) to
be located on the Charles River, near Needham and Dover, Norfolk
County, Massachusetts. The sole purpose of a preliminary permit, if
issued, is to grant the permit holder priority to file a license
application during the permit term. A preliminary permit does not
authorize the permit holder to perform any land-disturbing activities
or otherwise enter upon lands or waters owned by others without the
owners' express permission.
    The proposed project would consist of the following: (1) An
existing 15-foot-high, 200-foot-long stone masonry spillway dam with
concrete retaining walls; (2) an existing impoundment with a 5.1-acre
surface area and a normal storage capacity of 640 acre-feet at an
operating elevation of about 102.3 feet above mean sea level (msl); (3)
an existing 30-foot-long, 18-foot-wide, and 10-foot-deep head box and
intake channel; (4) a new 6-foot-high, 14-foot-wide sluice gate
equipped with a 14-foot-high, 21-foot-wide trashrack with 6-inch bar
spacing; (5) a new 50-foot-long, 13-foot wide Archimedes screw
generator unit with an installed capacity of 170 kilowatts; (6) a new
10-foot-high, 18-foot-long, 18-foot-wide powerhouse containing a new
gearbox and electrical controls; (7) an existing 375-foot-long, 20-
foot-wide, and 4-foot-deep tailrace; (8) a new above ground 300-foot-
long, 35-kilovolt transmission line connecting the powerhouse to the
NSTAR regional grid; and (9) appurtenant facilities. The estimated
annual generation of the proposed Cochrane Dam Project would be about
811 megawatt-hours. The existing Cochrane Dam and appurtenant works,
including a former powerhouse foundation and intake structures, are
owned by the Commonwealth of Massachusetts and operated by the
Massachusetts Department of Conservation and Recreation.
    Applicant Contact: Mr. Michael C. Kerr, New England Hydropower
Company, LLC, P.O. Box 5524, Beverly Farms, Massachusetts 01915; phone:
(978) 360-2547.
    FERC Contact: John Ramer; phone:<PHONE_NUMBER> or email:
<EMAIL_ADDRESS>    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14467) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: November 26, 2012.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2012-29079 Filed 11-30-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 177 (Thursday, September 12, 2019)]
[Rules and Regulations]
[Page 48077]
[FR Doc No: 2019-19654]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1989-0011; FRL-9999-01-Region 7]

National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Electro-Coatings, Inc.
Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 7 announces
the deletion of the Electro-Coatings, Inc. Superfund Site (Site)
located at 911 Shaver, Cedar Rapids, Iowa, from the National Priorities
List (NPL). The NPL, promulgated pursuant to section 105 of the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) of 1980, as amended, is an appendix of the National Oil and
Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the
State of Iowa, through the Iowa Department of Natural Resources, have
determined that all appropriate response actions under CERCLA have been
completed. However, this deletion does not preclude future actions
under Superfund.

DATES: This action is effective September 12, 2019.

ADDRESSES:
    Docket: The EPA has established a docket for this action under
Docket Identification No. EPA-HQ-SFUND-1989-0011. All documents in the
docket are listed on the http://www.regulations.gov website. Although
listed in the index, some information is not publicly available, i.e.,
Confidential Business Information 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 electronically through http://www.regulations.gov or
in hard copy at the site information repositories. Locations, contacts,
phone numbers and viewing hours are:
    EPA Region 7 Records Center, 11201 Renner Boulevard, Lenexa, Kansas
66219, between 8 a.m. to 4 p.m. Monday through Friday, excluding
Federal holidays; and the Cedar Rapids Downtown Public Library, located
at 450 Fifth Avenue SE, Cedar Rapids, Iowa 52401, between 9 a.m. to 8
p.m. Monday through Thursday, between 9 a.m. to 5 a.m. Friday and
Saturday, and between 1 p.m. to 5 p.m. on Sunday.

FOR FURTHER INFORMATION CONTACT: Amer Safadi, Remedial Project Manager,
U.S. Environmental Protection Agency, Region 7, 11201 Renner Boulevard,
Lenexa, Kansas 66219. Phone:<PHONE_NUMBER>. Email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The site to be deleted from the NPL is:
Electro-Coatings, Inc., Cedar Rapids, Iowa. A Notice of Intent to
Delete for this Site was published in the Federal Register (84 FR
33046) on July 11, 2019.
    The closing date for comments on the Notice of Intent to Delete was
August 12, 2019. One public comment was received. The comment indicated
that the EPA should report to the public the activities conducted to
cleanup the Site and what will continue to be conducted to protect the
public health and the environment, including reporting costs incurred
and estimates of future costs. The EPA's response is that included in
the docket were reports of the activities conducted at the Site
including, the NOID, the FCOR, the latest Five-year review, and others.
The docket also included the Remedial Action report, which included the
requested available costs. The EPA believes the deletion action has
been conducted in accordance with CERCLA and the NCP, therefore the
deletion of the Site from the NPL is appropriate. A responsiveness
summary was prepared and placed in both the docket, EPA-HQ-SFUND-1989-
0011, on www.regulations.gov, and in the local repositories listed
above.
    The EPA maintains the NPL as the list of sites that appear to
present a significant risk to public health, welfare, or the
environment. Deletion from the NPL does not preclude further remedial
action. Whenever there is a significant release from a site deleted
from the NPL, the deleted site may be restored to the NPL without
application of the hazard ranking system. Deletion of a site from the
NPL does not affect responsible party liability in the unlikely event
that future conditions warrant further actions.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous substances, Hazardous waste, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.

    Dated: September 3, 2019.
James Gulliford,
Regional Administrator, Region 7.
    For reasons set out in the preamble, 40 CFR part 300 is amended as
follows:

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION
CONTINGENCY PLAN

0
1. The authority citation for part 300 continues to read as follows:

    Authority: 33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626,
77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3
CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp.,
p. 193.

Appendix B to Part 300--National Priorities List

0
2. Table 1 of Appendix B to part 300 is amended by removing the entry
``IA, Electro-Coatings, Inc., Cedar Rapids''.

[FR Doc. 2019-19654 Filed 9-11-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 70 (Monday, April 13, 2015)]
[Proposed Rules]
[Pages 19589-19591]
[FR Doc No: 2015-08361]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 1020

[Docket No. FDA-2015-N-0828]

Performance Standards for Ionizing Radiation Emitting Products;
Fluoroscopic Equipment; Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Proposed rule.

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SUMMARY: The Food and Drug Administration (FDA) is proposing to amend a
Federal performance standard for ionizing radiation to correct a
drafting error regarding fluoroscopic equipment measurement. We are
taking this action to ensure clarity and improve the accuracy of the
regulations.

DATES: Submit electronic or written comments on this proposed rule or
its companion direct final rule by June 29, 2015.

ADDRESSES: You may submit comments by any of the following methods:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.

Written Submissions

    Submit written comments in the following ways:
     Mail/Hand delivery/Courier (for paper submissions):
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
    Instructions: All submissions received must include the Docket No.
FDA-2015-N-0828 for this rulemaking. All comments received may be
posted without change to http://www.regulations.gov, including any
personal information provided. For additional information on submitting
comments, see the ``Comments'' heading of the SUPPLEMENTARY INFORMATION
section of this document.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov and insert the
docket number, found in brackets in the heading of this document, into
the ``Search'' box and follow the prompts and/or go to the Division of
Dockets Management, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Scott Gonzalez, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 4641, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. What is the background of this Proposed Rule?

    FDA is proposing to correct a drafting error regarding fluoroscopic
equipment measurement (see Sec.  1020.32 (21 CFR 1020.32)).
Specifically, this proposed amendment would change the words ``any
linear dimension'' in the current regulation to read ``every linear
dimension'' (see 21 CFR 1020.32(b)(4)(ii)(A)). The alternative
performance standard, Sec.  1020.32(b)(4)(ii)(B), currently contains
the same phrase but would remain unchanged. We are proposing to amend
the language to make the performance standards mutually exclusive. This
will ensure clarity and improve the accuracy of the regulations.
    FDA first proposed the performance standards in the Federal
Register of December 10, 2002 (67 FR 76056), to account for
technological changes in fluoroscopic equipment. That proposed rule did
not specify which measurement of the visible area of an image receptor
determined the applicable performance standard (67 FR 76056 at 76092).
When we addressed comments to that proposed rule in the Federal
Register of June 10, 2005, we agreed with one comment that adding the
words ``any linear dimension'' would clarify the determination of the
performance standard (70 FR 33998 at 34007).
    FDA ultimately incorporated the phrase in two places, potentially
reducing the clarity of the rule (70 FR 33998 at 34040). Section
1020.32(b)(4)(ii) sets performance standards based on a threshold, so
the language for each standard should be mutually exclusive. That is,
only one standard, and not the other, should apply to the image
receptor in question. However, some image receptors may have linear
dimensions that are both greater than and less than 34 cm, for example,
receptors with a hexagonal shape. In such cases, the performance
standards may not be mutually exclusive, so both standards may appear
to apply. This proposed rule would amend Sec.  1020.32(b)(4)(ii)(A) to
read ``every linear dimension'' to ensure the standards are mutually
exclusive. The amendment will improve the clarity and accuracy of the
regulations.

II. Why is FDA publishing this companion Proposed Rule?

    This proposed rule is a companion to a direct final rule that
corrects a drafting error regarding fluoroscopic equipment measurement.
The direct final rule is published in the final rules section of this
issue of the Federal Register. The direct final rule and this companion
proposed rule are substantively identical. This companion proposed rule
will provide the procedural framework to finalize a new rule in the
event we withdraw the direct final rule because we receive significant
adverse comment. We are publishing the direct final rule because we
believe it is

noncontroversial, and we do not anticipate any significant adverse
comments. If we do not receive any significant adverse comments in
response to the direct final rule, we will not take any further action
on this proposed rule. Instead, within 30 days after the comment period
ends, we intend to publish a notice that confirms the effective date of
the direct final rule.
    If FDA receives any significant adverse comments regarding the
direct final rule, we will withdraw it within 30 days after the comment
period ends. We will then proceed to respond to the comments under this
companion proposed rule using our usual notice-and-comment rulemaking
procedures under the Administrative Procedure Act (APA) (5 U.S.C. 552a,
et seq.). The comment period for this companion proposed rule runs
concurrently with the direct final rule's comment period. We will
consider any comments that we receive in response to this companion
proposed rule to be comments also regarding the direct final rule and
vice versa. We will not provide additional opportunity for comment.
    A significant adverse comment is one that explains why the rule
would be inappropriate (including challenges to the rule's underlying
premise or approach), ineffective, or unacceptable without change. In
determining whether an adverse comment is significant and warrants
withdrawing a direct final rule, we consider whether the comment raises
an issue serious enough to warrant a substantive response in a notice-
and-comment process in accordance with section 553 of the APA (5 U.S.C.
553). Comments that are frivolous, insubstantial, or outside the scope
of the rule will not be considered a significant adverse comment,
unless the comment states why the rule would be ineffective without the
additional change. In addition, if a significant adverse comment
applies to part of a rule and that part can be severed from the
remainder of the rule, we may adopt as final those parts of the rule
that are not the subject of a significant adverse comment.
    You can find additional information about FDA's direct final
rulemaking procedures in the guidance document entitled ``Guidance for
FDA and Industry: Direct Final Rule Procedures,'' announced in the
Federal Register of November 21, 1997 (62 FR 62466).

III. What is the legal authority for this Proposed Rule?

    This proposed rule, if finalized, would amend Sec.  1020.32. FDA's
authority to modify Sec.  1020.32 arises from the same authority under
which FDA initially issued this regulation, the device and general
administrative provisions of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 351, 352, 360e-360j, 360hh-360ss, 371, and 381).

IV. What is the environmental impact of this Proposed Rule?

    FDA has determined under 21 CFR 25.30(h) and 25.34(a) that this
action is of a type that does not individually or cumulatively have a
significant effect on the human environment. Therefore, neither an
environmental assessment nor an environmental impact statement is
required.

V. What is the economic analysis of impact of this Proposed Rule?

    FDA has examined the impacts of the proposed rule under Executive
Order 12866, Executive Order 13563, the Regulatory Flexibility Act (5
U.S.C. 601-612), and the Unfunded Mandates Reform Act of 1995 (Pub. L.
104-4). Executive Orders 12866 and 13563 direct Agencies to assess all
costs and benefits of available regulatory alternatives and, when
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety, and other advantages; distributive impacts; and
equity). The Agency believes that this proposed rule would not be a
significant regulatory action as defined by Executive Order 12866.
    The Regulatory Flexibility Act requires Agencies to analyze
regulatory options that would minimize any significant impact of a rule
on small entities. Because this proposed rule does not add any
additional regulatory burdens, the Agency has determined that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    Section 202(a) of the Unfunded Mandates Reform Act of 1995 requires
that Agencies prepare a written statement, which includes an assessment
of anticipated costs and benefits, before proposing ``any rule that
includes any Federal mandate that may result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100,000,000 or more (adjusted annually for
inflation) in any one year.'' The current threshold after adjustment
for inflation is $141 million, using the most current (2013) Implicit
Price Deflator for the Gross Domestic Product. This proposed rule would
not result in a 1-year expenditure that meets or exceeds this amount.
    The purpose of this proposed rule is to correct a drafting error
regarding fluoroscopic equipment measurement in a performance standard
for ionizing radiation. The amendment will improve the clarity and
accuracy of the regulations. Because this proposed rule is a technical
correction and would impose no additional regulatory burdens, this
regulation is not anticipated to result in any compliance costs and the
economic impact is expected to be minimal.

VI. How does the Paperwork Reduction Act of 1995 apply to this Rule?

    This proposed rule contains no collection of information.
Therefore, clearance by the Office of Management and Budget under the
Paperwork Reduction Act of 1995 is not required.

VII. What are the Federalism implications of this Rule?

    FDA has analyzed this proposed rule in accordance with the
principles set forth in Executive Order 13132. FDA has determined that
the rule does not contain policies that have substantial direct effects
on the States, on the relationship between the National Government and
the States, or on the distribution of power and responsibilities among
the various levels of government. Accordingly, the Agency has concluded
that the rule does not contain policies that have federalism
implications as defined in the Executive order and, consequently, a
federalism summary impact statement is not required.

VIII. How do you submit comments on this Proposed Rule?

    Interested persons may submit either electronic comments regarding
this document to http://www.regulations.gov or written comments to the
Division of Dockets Management (see ADDRESSES). It is only necessary to
send one set of comments. Identify comments with the docket number
found in brackets in the heading of this document. Received comments
may be seen in the Division of Dockets Management between 9 a.m. and 4
p.m., Monday through Friday, and will be posted to the docket at http://www.regulations.gov.

List of Subjects in 21 CFR Part 1020

    Electronic products, Medical devices, Radiation protection,
Reporting and recordkeeping requirements, Television, X-rays.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, 21 CFR part
1020 is proposed to be amended as follows:

PART 1020--PERFORMANCE STANDARDS FOR IONIZING RADIATION EMITTING
PRODUCTS

0
1. The authority citation for 21 CFR part 1020 continues to read as
follows:

    Authority: 21 U.S.C. 351, 352, 360e-360j, 360hh-360ss, 371, 381.

0
2. Revise Sec.  1020.32(b)(4)(ii)(A) to read as follows:

Sec.  1020.32  Fluoroscopic equipment.

    (b) * * *
    (4) * * *
    (ii) * * *
    (A) When every linear dimension of the visible area of the image
receptor measured through the center of the visible area is less than
or equal to 34 cm in any direction, at least 80 percent of the area of
the x-ray field overlaps the visible area of the image.
* * * * *

    Dated: April 7, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-08361 Filed 4-10-15; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 86, Number 4 (Thursday, January 7, 2021)]
[Notices]
[Pages 1102-1103]
[FR Doc No: 2020-29327]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Pipeline Rate and Refund Report Filings:

    Docket Numbers: RP21-322-000.
    Applicants: Stagecoach Pipeline & Storage Company LL.
    Description: Stagecoach Pipeline & Storage Company LLC Notification
of Bankruptcy Court Approval under RP21-322.
    Filed Date: 12/29/20.
    Accession Number: 20201229-5395.
    Comments Due: 5 p.m. ET 1/11/21.

    Docket Numbers: RP21-341-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) Rate Filing: 122920 Negotiated Rates--
Mercuria Energy America, LLC R-7540-02 to be effective 1/1/2021.
    Filed Date: 12/29/20.
    Accession Number: 20201229-5121.
    Comments Due: 5 p.m. ET 1/11/21.

    Docket Numbers: RP21-342-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: AGT Negotiated Rate--eff 12-
30-2020 to be effective 12/30/2020.
    Filed Date: 12/29/20.
    Accession Number: 20201229-5141.
    Comments Due: 5 p.m. ET 1/11/21.

    Docket Numbers: RP21-343-000.
    Applicants: Dauphin Island Gathering Partners.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Filing 12-29-
2020 to be effective 1/1/2021.
    Filed Date: 12/29/20.
    Accession Number: 20201229-5179.
    Comments Due: 5 p.m. ET 1/11/21.

    Docket Numbers: RP21-344-000.
    Applicants: Kinder Morgan Louisiana Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: Rate Schedule ITS-Removal of
Authorized Overrun Filing to be effective 2/1/2021.
    Filed Date: 12/30/20.
    Accession Number: 20201230-5001.
    Comments Due: 5 p.m. ET 1/11/21.

    Docket Numbers: RP21-345-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: TETLP EPC FEB 2021 FILING to
be effective 2/1/2021.
    Filed Date: 12/30/20.
    Accession Number: 20201230-5030.
    Comments Due: 5 p.m. ET 1/11/21.

    Docket Numbers: RP21-346-000.
    Applicants: NEXUS Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Various 1-1-
2021 Releases to be effective 1/1/2021.
    Filed Date: 12/30/20.
    Accession Number: 20201230-5045.
    Comments Due: 5 p.m. ET 1/11/21.

    Docket Numbers: RP21-347-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate--Yankee Gas
510802 Release eff 12-31-2020 to be effective 12/31/2020.
    Filed Date: 12/30/20.
    Accession Number: 20201230-5077.
    Comments Due: 5 p.m. ET 1/11/21.

    Docket Numbers: RP21-348-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: AGT Negotiated Rates--Various
Releases eff 1-1-2021 to be effective 1/1/2021.
    Filed Date: 12/30/20.
    Accession Number: 20201230-5147.
    Comments Due: 5 p.m. ET 1/11/21.

    Docket Numbers: RP21-349-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Cherokee
AGL--Replacement Shippers--Jan 2021 to be effective 1/1/2021.
    Filed Date: 12/30/20.
    Accession Number: 20201230-5155.
    Comments Due: 5 p.m. ET 1/11/21.

    Docket Numbers: RP21-350-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement
Filing (CFEi) to be effective 1/1/2021.
    Filed Date: 12/30/20.
    Accession Number: 20201230-5217.
    Comments Due: 5 p.m. ET 1/11/21.

    Docket Number: PR21-13-000.
    Applicants: Rocky Mountain Natural Gas LLC.
    Description: Sec.  284.123 Rate Filing: Negotiated Rate Agreement
Filing (CFEi) to be effective 1/1/2021.
    Filed Date: 12/30/20.
    Accession Number:<PHONE_NUMBER>28.
    Comments/Protests Due: 5 p.m. ET 1/20/2021.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's

Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern
time on the specified comment date. Protests may be considered, but
intervention is necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: December 31, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-29327 Filed 1-6-21; 8:45 am]
BILLING CODE 6717-01-P