[Federal Register Volume 74, Number 110 (Wednesday, June 10, 2009)]
[Proposed Rules]
[Pages 27478-27481]
[FR Doc No: E9-13534]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[USCG-2009-0436]
RIN 1625-AA08

Special Local Regulations; Great Lakes Annual Marine Events

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend special local regulations
for annual regattas and marine parades in the Captain of the Port
Buffalo zone. This action is necessary to protect the public and
participants from hazards associated with regattas and marine parades.
This proposed rule is intended to ensure safety of life on the
navigable waters immediately prior to, during, and immediately after
regattas or marine parades.

DATES: Comments and related materials must reach the Coast Guard on or
before July 10, 2009.

ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2009-0436 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is<PHONE_NUMBER>.
    (4) Fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: CDR Joseph Boudrow, Prevention Dept.
Chief, Sector Buffalo, 1 Fuhrmann Blvd., Buffalo, NY 14203; 716-843-
9385.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.

A. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0436), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name, mailing address, and
an e-mail address or other contact information in the body of your
document to ensure that you can be identified as the submitter. This
also allows us to contact you in the event further information is
needed or if there are questions. For example, if we cannot read your
submission due to technical difficulties and you cannot be contacted,
your submission may not be considered. You may submit your comments and
material by electronic means, mail, fax, or delivery to the Docket
Management Facility at the address under ADDRESSES; but please submit
your comments and material by only one means. If you submit them by
mail or delivery, submit them in an unbound format, no larger than 8\1/
2\ by 11 inches, suitable for copying and electronic filing. If you
submit them by mail and would like to know that they reached the
Facility, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov at
any time, click on ``Search for Dockets,'' and enter the docket number
for this rulemaking (USCG-2009-0436) in the Docket ID box, and click
enter. You may also visit the Docket Management Facility in Room W12-
140 on the ground floor of the DOT West Building, 1200 New Jersey
Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

C. Privacy Act

    Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on

behalf of an association, business, labor union, etc.). You may review
the Department of Transportation's Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477), or you may visit
http://DocketsInfo.dot.gov.

SUPPLEMENTARY INFORMATION:

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Commander, Coast Guard Sector
Buffalo at the address under ADDRESSES explaining why one would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.

Background and Purpose

    This proposed rule will remove from table 1 found in 33 CFR
100.901, Great Lakes annual marine events, all entries under Group
Buffalo, N.Y. These events no longer occur annually or are not regattas
or marine parades. This proposed rule will also add new sections not
previously listed in 33 CFR Part 100. The new sections are: Sec.
100.926 Syracuse Hydrofest, Syracuse, N.Y.; Sec.  100.927 Swim the Bay,
Presque Isle Bay, Erie, PA; Sec.  100.928 Carly's Crossing, Lake Erie,
Buffalo, N.Y.; Sec.  100.929 Thunder on the Niagara, Niagara River,
North Tonawanda, N.Y.; and Sec.  100.930 Antique Boat Show, Niagara
River, Grand Island, N.Y.

Discussion of Proposed Rule

    The proposed rule is necessary to ensure the safety of vessels and
people during annual regattas and marine parades in the Captain of the
Port Buffalo area of responsibility that may pose a hazard to the
public. This rule proposes the removal of regulations currently
published in 33 CFR part 100.901 under Group Buffalo and adds new
events never before published in the CFR.
    The proposed safety zones will be enforced only immediately before,
during, and after events that pose hazard to the public, and only upon
notice by the Captain of the Port.
    The Captain of the Port will inform the public about the details of
each regatta or marine parade covered by these special local
regulations using a variety of means, including, but is not limited to,
Broadcast Notices to Mariners and Local Notices to Mariners. The
Captain of the Port will issue a Broadcast Notice to Mariners notifying
the public when enforcement of the special local regulation for each
event is terminated.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
    We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary.
    The Coast Guard's use of these special local regulations will be
periodic in nature, of short duration, and designed to minimize the
impact on navigable waters. These special local regulations will only
be enforced immediately before and during the time the marine events
are occurring. Furthermore, these special local regulations have been
designed to allow vessels to transit portions of the waterways not
affected by the special local regulations. The Coast Guard expects
insignificant adverse impact to mariners from the activation of these
special local regulations.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities.
    This proposed rule would affect the following entities, some of
which might be small entities: The owners of operators of vessels
intending to transit or anchor in the areas designated as special local
regulations in paragraphs (4) through (13) during the dates and times
the special local regulations are being enforced.
    These special local regulations would not have a significant
economic impact on a substantial number of small entities for the
following reasons. The special local regulations in this proposed rule
would be in effect for short periods of time, and only once per year.
The special local regulations have been designed to allow traffic to
pass safely around the zone whenever possible and vessels will be
allowed to pass through the zones with the permission of the Captain of
the Port.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this proposed rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact CDR Joseph
Boudrow, Prevention Dept. Chief, Sector Buffalo, 1 Fuhrmann Blvd.,
Buffalo, NY 14203;<PHONE_NUMBER>. The Coast Guard will not retaliate
against small entities that question or complain about this proposed
rule or any policy or action of the Coast Guard.

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

    The Coast Guard recognizes the treaty rights of Native American
Tribes. Moreover, the Coast Guard is committed to working with Tribal
Governments to implement local policies and to mitigate tribal
concerns. We have determined that these safety zones and fishing rights
protection need not be incompatible. We have also determined that this
proposed rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes. Nevertheless, Indian
Tribes that have questions concerning the provisions of this proposed
rule or options for compliance are encouraged to contact the point of
contact listed under FOR FURTHER INFORMATION CONTACT.

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this proposed rule under Commandant Instruction
M16475.lD and Department of Homeland Security Management Directive 023-
01, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is not likely to
have a significant effect on the human environment. An environmental
analysis checklist supporting this preliminary determination is
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 100

    Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority: 33 U.S.C. 1233.

Sec.  100.901  [Amended]

    2. Amend Sec.  100.901 Table 1 as follows:
    a. Under the entry ``Group Buffalo, NY'':
    1. Remove ``Group Buffalo, NY''.
    2. Remove in their entirety the entries: Fireworks by Grucci,
Flagship International Kilo Speed Challenge, Flagship International
Offshore Challenge, Friendship Festival Airshow, NFBRA Red Dog Kilo
Time Trials, Sodus Bay 4th of July Fireworks, Tallship Erie, Thomas
Graves Memorial Fireworks Display, Thunder Island Offshore Challenge,
We Love Erie Days Fireworks.
    3. Add Sec.  100.926 to read as follows:

Sec.  100.926  Syracuse Hydrofest, Syracuse, NY.

    (a) Regulated Area. A regulated area is established to include all
waters of Onondaga Lake located at 43[deg]06'00'' N, 076[deg]12'35'' W,
South to 43[deg]05'26'' N, 076[deg]13'05'' W, South West to
43[deg]04'09'' N, 076[deg]11'29'' W, North to 43[deg]04'33'' N,
076[deg]10'59'' W.
    (b) Special Local Regulations. The regulations of Sec.  100.901
apply. No vessel may enter, transit through, or anchor within the
regulated area without the permission of the Coast Guard Patrol
Commander.
    (c) Effective Date. This event occurs the second weekend in July.
The exact dates and times for this event will be determined annually
and published via Local Notice to Mariners and Broadcast Notice to
Mariners.
    4. Add Sec.  100.927 to read as follows:

Sec.  100.927  Swim the Bay, Presque Isle Bay, Erie, PA.

    (a) Regulated Area. A regulated area is established to include all
waters of Presque Isle Bay, Erie, PA starting in position
42[deg]07'28'' N, 080[deg]07'50'' W heading northwest to position
42[deg]07'21'' N, 080[deg]08'44'' W then south to 42[deg]07'13'' N,
080[deg]08'46'' W then east to 042[deg]07'15'' N, 080[deg]08'06'' W.
The starting and finishing positions are the Erie Yacht Club.
    (b) Special Local Regulations. The regulations of Sec.  100.901
apply. No vessel may enter, transit through, or anchor within the
regulated area without the permission of the Coast Guard Patrol
Commander.
    (c) Effective Date. This event occurs the last week in June. The
exact dates and times for this event will be determined annually and
published via Local Notice to Mariners and Broadcast Notice to
Mariners.
    5. Add Sec.  100.928 to read as follows:

Sec.  100.928  Carly's Crossing, Lake Erie, Buffalo, NY.

    (a) Regulated Area. A regulated area is established to include all
waters of Lake Erie extending two miles to the break wall outside of
Gallagher Beach. The positions of the race course are as follows;
starting 42[deg]50'47'' N, 078[deg]51'44'' W headed North East to
position 42[deg]50'27'' N, 078[deg]52'23'' W West to 42[deg]50'19'' N,
078[deg]52'10'' W then finishing South at position 42[deg]50'27'' N,
078[deg]51'35'' W (NAD 83).
    (b) Special Local Regulations. The regulations of Sec.  100.901
apply. No vessel may enter, transit through, or anchor within the
regulated area without the permission of the Coast Guard Patrol
Commander.
    (c) Effective Date. This event occurs the third Saturday in August.
The exact times for this event will be determined annually and
published via Local Notice to Mariners and Broadcast Notice to
Mariners.
    6. Add Sec.  100.929 to read as follows:

Sec.  100.929  Thunder on the Niagara, Niagara River, North Tonawanda,
NY.

    (a) Regulated Area. A regulated area is established to include all
waters of the Upper Niagara River, North Tonawanda, NY within two miles
of the Grand Island Bridge located at 43[deg]03'36'' N, 078[deg]54'45''
W to 43[deg]03'09'' N, 078[deg]55'21'' W to 43[deg]03'00'' N,
078[deg]53'42'' W to 43[deg]02'42'' N, 078[deg]54'09'' W.
    (b) Special Local Regulations. The regulations of Sec.  100.901
apply. No vessel may enter, transit through, or anchor within the
regulated area without the permission of the Coast Guard Patrol
Commander.
    (c) Effective Date. This event occurs the last week of August. The
exact dates and times for this event will be determined annually and
published via Local Notice to Mariners and Broadcast Notice to
Mariners.
    7. Add Sec.  100.930 to read as follows:

Sec.  100.930  Antique Boat Show, Niagara River, Grand Island, NY.

    (a) Regulated Area. A regulated area is established to include all
waters of the Niagara River, Grand Island, NY from the S. Grand Island
Bridge to Motor Island; coordinates 42[deg]59'59'' N, 078[deg]56'22''
W, East to 42[deg]59'54'' N, 078[deg]56'14'' W, South to 42[deg]57'54''
N, 078[deg]56'04'' W, West to 42[deg]57'48'' N, 078[deg]56'22'' W.
    (b) Special Local Regulations. The regulations of Sec.  100.901
apply. No vessel may enter, transit through, or anchor within the
regulated area without the permission of the Coast Guard Patrol
Commander.
    (c) Effective Date. This event occurs the first Saturday in
September after Labor Day. The exact dates and times for this event
will be determined annually and published via Local Notice to Mariners
and Broadcast Notice to Mariners.

    Dated: May 27, 2009.
R.S. Burchell,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. E9-13534 Filed 6-9-09; 8:45 am]
BILLING CODE 4910-15-P


MEMORANDUM

To:	Margaret Sheppard, U.S. EPA

CC:	Bella Maranion, Monica Shimamura, and Melissa Fifer, U.S. EPA

From:	Jenny Tanphanich, Kara Altshuler, and Mark Wagner, ICF
International

Date:	March 8, 2010

Re:	Evaluation of Lithium Bromide Toxicity

(EPA Contract Number EP-W-06-008 Task Order 038, Task 06)

This memorandum presents ICF’s evaluation, from a toxicological and
exposure standpoint, of the following statement for use in the
development of an exposure limit for the Significant New Alternatives
Program.

"Water/lithium bromide absorption exhibits low toxicity.  Lithium
bromide has a

24-hour CEGL [Continuous Exposure Guidance Level] value of 1 mg/m3."

Please contact Mark Wagner at<PHONE_NUMBER> with any questions or
comments.

ICF has conducted a brief review of recent lithium bromide (LiBr)
production and use data, as well as information regarding toxicity of
lithium containing compounds and potential exposure data for LiBr in its
potential use in absorption-style chillers.  Based on this review, we
believe the following statement is valid: “Water/lithium bromide
absorption exhibits low toxicity.  Lithium bromide has a 24-hour CEGL
[Continuous Exposure Guidance Level] value of 1 mg/m3.”  The CEGL is
appropriate as a foundation for development of an exposure limit for
SNAP use.  It is based on an estimated concentration of LiBr that would
be necessary to achieve a therapeutic dose of lithium in the bloodstream
(using a known therapeutic dose of lithium carbonate), with appropriate
conversions to account for inhalation exposure and clear and appropriate
application of uncertainty factors.  The CEGL value is based on a
24-hour, 90-day exposure duration.  When used for occupational workers,
it could be adjusted to reflect an 8-hour exposure, which would give an
exposure limit of 3 mg/m3 for 90 days.

Dermal uptake of water/lithium bromide slurry (the expected form of LiBr
formulations used as a secondary refrigerant) is expected to be minimal.
 A default dermal permeability factor (Kp) of 1E-03 is assumed based on
EPA’s RAGS, Part E and Dermal Exposure Assessment guidance documents.
Oral uptake of LiBr powder or LiBr/water slurry is also expected to be
insignificant in an occupational environment.  The 3 mg/m3 exposure
limit can be used to control potential inhalation exposures.
Appropriate personal protective equipment (e.g. masks, etc.) should be
used by any occupational worker responsible for handling LiBr powder.

 See   HYPERLINK
"http://www.osha.gov/pls/oshaweb/owastand.display_standard_group?p_toc_l
evel=1&p_part_number=1910#1910_Subpart_I"
http://www.osha.gov/pls/oshaweb/owastand.display_standard_group?p_toc_le
vel=1&p_part_number=1910#1910_Subpart_I  for full list of OSHA personal
protective equipment standards.


[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Rules and Regulations]
[Pages 15616-15619]
[FR Doc No: 2023-05003]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2021-0519; FRL-10544-01-OCSPP]

Bacteriophage Active Against Pseudomonas syringae pv. syringae;
Bacteriophage Active Against Xanthomonas arboricola pv. corylina;
Bacteriophage Active Against Xanthomonas arboricola pv. juglandis; and
Bacteriophage Active Against Xanthomonas arboricola pv. pruni;
Exemptions From the Requirement of Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes exemptions from the requirement of
a tolerance for residues of Bacteriophage active against Pseudomonas
syringae pv. syringae, Bacteriophage active against Xanthomonas
arboricola pv. corylina, Bacteriophage active against Xanthomonas
arboricola pv. juglandis, and Bacteriophage active against Xanthomonas
arboricola pv. pruni, in or on all food commodities when used in
accordance with label directions and good agricultural practices.
OmniLytics, Inc. submitted a petition to EPA under the Federal Food,
Drug, and Cosmetic Act (FFDCA), requesting an exemption from the
requirement of a tolerance. This regulation eliminates the need to
establish a maximum permissible level for residues of Bacteriophage
active against Pseudomonas syringae pv. syringae, Bacteriophage active
against Xanthomonas arboricola pv. corylina, Bacteriophage active
against Xanthomonas arboricola pv. juglandis, and Bacteriophage active
against Xanthomonas arboricola pv. pruni under FFDCA when used in
accordance with this exemption.

DATES: This regulation is effective March 14, 2023. Objections and
requests for hearings must be received on or before May 15, 2023, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2021-0519, is available at
https://www.regulations.gov or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket) in the Environmental Protection
Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg.,
Rm. 3334, 1301

Constitution Ave. NW, Washington, DC 20004. The Public Reading Room is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Public Reading Room and
OPP Docket is<PHONE_NUMBER>. For the latest status information on EPA/
DC services, docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Charles Smith, Biopesticides and
Pollution Prevention Division (7511M), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; main telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

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

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

    You may access a frequently updated electronic version of 40 CFR
part 180; through the Office of the Federal Register's e-CFR site at
https://www.ecfr.gov/current/title-40.

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

    Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file
an objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2021-0519 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing and must be received by the Hearing Clerk on or before
May 15, 2023. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b), although EPA
strongly encourages those interested in submitting objections or a
hearing request to submit objections and hearing requests
electronically. See Order Urging Electronic Service and Filing (April
10, 2020), https://www.epa.gov/sites/default/files/2020-05/documents/2020-04-10_-_order_urging_electronic_service_and_filing.pdf. At this
time, because of the COVID-19 pandemic, the judges and staff of the
Office of Administrative Law Judges are working remotely and not able
to accept filings or correspondence by courier, personal delivery, or
commercial delivery, and the ability to receive filings or
correspondence by U.S. Mail is similarly limited. When submitting
documents to the U.S. EPA Office of Administrative Law Judges (OALJ), a
person should utilize the OALJ e-filing system at https://yosemite.epa.gov/oa/eab/eab-alj_upload.nsf.
    Although EPA's regulations require submission via U.S. Mail or hand
delivery, EPA intends to treat submissions filed via electronic means
as properly filed submissions during this time that the Agency
continues to maximize telework due to the pandemic; therefore, EPA
believes the preference for submission via electronic means will not be
prejudicial. If it is impossible for a person to submit documents
electronically or receive service electronically, e.g., the person does
not have any access to a computer, the person shall so advise OALJ by
contacting the Hearing Clerk at<PHONE_NUMBER>. If a person is without
access to a computer and must file documents by U.S. Mail, the person
shall notify the Hearing Clerk every time it files a document in such a
manner. The address for mailing documents is U.S. Environmental
Protection Agency, Office of Administrative Law Judges, Mail Code
1900R, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2021-0519, by one of
the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/where-send-comments-epa-dockets.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.

II. Background

    In the Federal Register of September 22, 2021 (86 FR 52624) (FRL-
8792-03-OCSPP), EPA issued a notice pursuant to FFDCA section
408(d)(3), 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide
tolerance exemption petition (PP 1F8907) by OmniLytics, Inc., 9075 S
Sandy Parkway, Sandy, UT 84070. The petition requested that 40 CFR part
180 be amended by establishing an exemption from the requirement of a
tolerance for residues of Bacteriophage active against Pseudomonas
syringae pv. syringae, Bacteriophage active against Xanthomonas
arboricola pv. corylina, Bacteriophage active against Xanthomonas
arboricola pv. juglandis, and Bacteriophage active against Xanthomonas
arboricola pv. pruni in or on all food commodities. That notice
referenced a summary of the petition prepared by the petitioner
OmniLyics, Inc. and is available in the docket via https://www.regulations.gov. EPA received no comments in response to the notice
of filing.

III. Final Rule

A. EPA's Safety Determination

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement of a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings but does not include
occupational exposure. Pursuant to FFDCA section 408(c)(2)(B), in

establishing or maintaining in effect an exemption from the requirement
of a tolerance, EPA must take into account the factors set forth in
FFDCA section 408(b)(2)(C), which require EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance or tolerance exemption 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. . . .'' Additionally, FFDCA section 408(b)(2)(D)
requires that EPA consider ``available information concerning the
cumulative effects of [a particular pesticide's] . . . residues and
other substances that have a common mechanism of toxicity.''
    EPA evaluated the available toxicological and exposure data on
Bacteriophage active against Pseudomonas syringae pv. syringae,
Bacteriophage active against Xanthomonas arboricola pv. corylina,
Bacteriophage active against Xanthomonas arboricola pv. juglandis, and
Bacteriophage active against Xanthomonas arboricola pv. pruni and
considered their validity, completeness, and reliability, as well as
the relationship of this information to human risk. A full explanation
of the data upon which EPA relied and its risk assessment based on
those data can be found within the document entitled ``Human Health
Risk Assessment of Bacteriophages active against Pseudomonas syringae
pv. syringae, Xanthomonas arboricola pv. corylina, Xanthomonas
arboricola pv. juglandis, and Xanthomonas arboricola pv. pruni, New
Active Ingredients, in 67986-RN AgriPhage Nut & Stone Fruit Proposed
for Registration and an Associated Petition Requesting a Tolerance
Exemption'' (Bacteriophage active against Pseudomonas syringae pv.
syringae, Bacteriophage active against Xanthomonas arboricola pv.
corylina, Bacteriophage active against Xanthomonas arboricola pv.
juglandis, and Bacteriophage active against Xanthomonas arboricola pv.
pruni, Human Health Risk Assessment). This document, as well as other
relevant information, is available in the docket for this action as
described under ADDRESSES.
    The available data and information demonstrated that, with regard
to humans, Bacteriophage active against Pseudomonas syringae pv.
syringae, Bacteriophage active against Xanthomonas arboricola pv.
corylina, Bacteriophage active against Xanthomonas arboricola pv.
juglandis, and Bacteriophage active against Xanthomonas arboricola pv.
pruni are not anticipated to be toxic, pathogenic, or infective via any
route of exposure. Significant dietary and non-occupational exposures
to residues of Bacteriophage active against Pseudomonas syringae pv.
syringae, Bacteriophage active against Xanthomonas arboricola pv.
corylina, Bacteriophage active against Xanthomonas arboricola pv.
juglandis, and Bacteriophage active against Xanthomonas arboricola pv.
pruni are not expected due to the inability of bacteriophage to persist
when the specific bacterial hosts are not present and sensitivity to
environmental conditions (e.g., ultraviolet light and heat). Even if
dietary and non-occupational exposures to residues of Bacteriophage
active against Pseudomonas syringae pv. syringae, Bacteriophage active
against Xanthomonas arboricola pv. corylina, Bacteriophage active
against Xanthomonas arboricola pv. juglandis, and Bacteriophage active
against Xanthomonas arboricola pv. pruni were to occur, there is not a
concern due to the lack of potential for adverse effects and lack of
significant exposure since bacteriophage populations are expected to
decrease rapidly when host bacteria are not present, since
bacteriophage persist only in the presence of the specific bacterial
hosts and due to environmental conditions (e.g., ultraviolet light and
heat). Because there are no threshold levels of concern with the
toxicity, pathogenicity, or infectivity of Bacteriophage active against
Pseudomonas syringae pv. syringae, Bacteriophage active against
Xanthomonas arboricola pv. corylina, Bacteriophage active against
Xanthomonas arboricola pv. juglandis, and Bacteriophage active against
Xanthomonas arboricola pv. pruni, EPA determined that the additional
margin of safety referred to as the Food Quality Protection Act Safety
Factor is not necessary to protect infants and children as part of the
qualitative assessment conducted.
    Based upon its evaluation in the Bacteriophage active against
Pseudomonas syringae pv. syringae, Bacteriophage active against
Xanthomonas arboricola pv. corylina, Bacteriophage active against
Xanthomonas arboricola pv. juglandis, and Bacteriophage active against
Xanthomonas arboricola pv. pruni Human Health Risk Assessment, which
concludes that there are no potential risks of concern from aggregate
exposure to Bacteriophage active against Pseudomonas syringae pv.
syringae, Bacteriophage active against Xanthomonas arboricola pv.
corylina, Bacteriophage active against Xanthomonas arboricola pv.
juglandis, and Bacteriophage active against Xanthomonas arboricola pv.
pruni, EPA determines that there is a reasonable certainty that no harm
will result to the U.S. population, including infants and children,
from aggregate exposure to residues of Bacteriophage active against
Pseudomonas syringae pv. syringae, Bacteriophage active against
Xanthomonas arboricola pv. corylina, Bacteriophage active against
Xanthomonas arboricola pv. juglandis, and Bacteriophage active against
Xanthomonas arboricola pv. pruni. Therefore, exemptions from the
requirement of a tolerance are established for residues of
Bacteriophage active against Pseudomonas syringae pv. syringae,
Bacteriophage active against Xanthomonas arboricola pv. corylina,
Bacteriophage active against Xanthomonas arboricola pv. juglandis, and
Bacteriophage active against Xanthomonas arboricola pv. pruni, in or on
all food commodities when used in accordance with label directions and
good agricultural practices.

B. Analytical Enforcement Methodology

    An analytical method is not required for Bacteriophage active
against Pseudomonas syringae pv. syringae, Bacteriophage active against
Xanthomonas arboricola pv. corylina, Bacteriophage active against
Xanthomonas arboricola pv. juglandis, and Bacteriophage active against
Xanthomonas arboricola pv. pruni because EPA is establishing exemptions
from the requirement of a tolerance without any numerical limitation.

C. Conclusion

    Therefore, exemptions from the requirement of a tolerance are
established for residues of Bacteriophages active against Pseudomonas
syringae pv. syringae, Bacteriophage active against Xanthomonas
arboricola pv. corylina, Bacteriophage active against Xanthomonas
arboricola pv. juglandis, and Bacteriophage active against Xanthomonas
arboricola pv. pruni in or on all food commodities when used in
accordance with label directions and good agricultural practices.

IV. Statutory and Executive Order Reviews

    This action establishes tolerance exemptions under FFDCA section
408(d) in response to a petition submitted to EPA. The Office of

Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001), or Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997). This action does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq., nor does it require any special
considerations under Executive Order 12898, entitled ``Federal Actions
to Address Environmental Justice in Minority Populations and Low-Income
Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance
exemptions in this action, do not require the issuance of a proposed
rule, the requirements of the Regulatory Flexibility Act (5 U.S.C. 601
et seq.) do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or Tribes. As a result, this
action does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, EPA 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, EPA has determined that
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 10,
1999), and Executive Order 13175, entitled ``Consultation and
Coordination with Indian Tribal Governments'' (65 FR 67249, November 9,
2000), do not apply to this action. In addition, this action does not
impose any enforceable duty or contain any unfunded mandate as
described under Title II of the Unfunded Mandates Reform Act (2 U.S.C.
1501 et seq.).
    This action does not involve any technical standards that would
require EPA's consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (15 U.S.C. 272 note).

V. Congressional Review Act

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

List of Subjects in 40 CFR Part 180

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

    Dated: March 6, 2023.
Edward Messina,
Director, Office of Pesticide Programs.

    Therefore, for the reasons stated in the preamble, EPA is amending
40 CFR chapter I as follows:

PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
IN FOOD

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. Add Sec. Sec.  180.1399, 180.1400, 180.1401, and 180.1402 to subpart
D to read as follows:
* * * * *
Sec.
180.1399 Bacteriophage active against Pseudomonas syringae pv.
syringae; exemption from the requirement of a tolerance.
180.1400 Bacteriophage active against Xanthomonas arboricola pv.
corylina; exemption from the requirement of a tolerance.
180.1401 Bacteriophage active against Xanthomonas arboricola pv.
juglandis; exemption from the requirement of a tolerance.
180.1402 Bacteriophage active against Xanthomonas arboricola pv.
pruni; exemption from the requirement of a tolerance.

Sec.  180.1399  Bacteriophage active against Pseudomonas syringae pv.
syringae; exemption from the requirement of a tolerance.

    An exemption from the requirement of a tolerance is established for
residues of Bacteriophage active against Pseudomonas syringae pv.
syringae in or on all food commodities when used in accordance with
label directions and good agricultural practices.

Sec.  180.1400  Bacteriophage active against Xanthomonas arboricola pv.
corylina; exemption from the requirement of a tolerance.

    An exemption from the requirement of a tolerance is established for
residues of Bacteriophage active against Xanthomonas arboricola pv.
corylina in or on all food commodities when used in accordance with
label directions and good agricultural practices.

Sec.  180.1401  Bacteriophage active against Xanthomonas arboricola pv.
juglandis; exemption from the requirement of a tolerance.

    An exemption from the requirement of a tolerance is established for
residues of Bacteriophage active against Xanthomonas arboricola pv.
juglandi in or on all food commodities when used in accordance with
label directions and good agricultural practices.

Sec.  180.1402  Bacteriophage active against Xanthomonas arboricola pv.
pruni; exemption from the requirement of a tolerance.

    An exemption from the requirement of a tolerance is established for
residues of Bacteriophage active against Xanthomonas arboricola pv.
pruni in or on all food commodities when used in accordance with label
directions and good agricultural practices.

[FR Doc. 2023-05003 Filed 3-13-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: October 1, 2008 (Volume 73, Number 191)]
[Notices]
[Page 57091]
[DOCID:fr01oc08-65]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. DI08-15-000]

Independence Power, LLC; Notice of Declaration of Intention and
Soliciting Comments, Protests, and/or Motions To Intervene

September 25, 2008.
    Take notice that the following application has been filed with the
Commission and is available for public inspection:
    a. Application Type: Declaration of Intention.
    b. Docket No: DI08-15-000.
    c. Date Filed: September 11, 2008.
    d. Applicant: Independence Power, LLC.
    e. Name of Project: Fourth of July Creek Hydroelectric Project.
    f. Location: The proposed Fourth of July Creek Hydroelectric
Project will be located on Fourth of July Creek, near the town of
Seward, Kenai Peninsula Borough, Alaska, affecting T. 1 S, R. 1 E,
Seward Meridian.
    g. Filed Pursuant to: Section 23(b)(1) of the Federal Power Act, 16
U.S.C. 817(b).
    h. Applicant Contact: Joel Groves, 310, 1503 W. 33rd
Avenue, Anchorage, AK 99503; telephone:<PHONE_NUMBER>; Fax: (907) 258-
2419; e-mail<EMAIL_ADDRESS>    i. FERC Contact: Any questions on this notice should be addressed
to Henry Ecton,<PHONE_NUMBER>, or E-mail address:
<EMAIL_ADDRESS>    j. Deadline for filing comments, protests, and/or motions: October
27, 2008.
    All documents (original and eight copies) should be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. Comments, protests, and/or
interventions may be filed electronically via the Internet in lieu of
paper. Any questions, please contact the Secretary's Office. See, 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site at http://www.ferc.gov under the ``e-Filing link.
    Please include the docket number (DI08-15-000) on any comments,
protests, and/or motions filed.
    k. Description of Project: The proposed Fourth of July Creek
Hydropower Project will include: (1) A proposed 10-foot-high, 80-foot-
wide diversion structure; (2) a buried desander box, directing water
into a 48-inch-diameter, 4600-foot-long penstock; (3) a 50-foot-long by
80-foot-wide powerhouse, containing two 1.85 MW impulse turbines and
synchronous generators; (4) a tailrace emptying into the Fourth of July
Creek; (5) an approximately 8,000-foot-long transmission line,
connecting to the Seward Electric distribution grid; and (6)
appurtenant facilities. The proposed project will not be connected to
an interstate grid, and will not occupy any tribal or federal lands
    When a Declaration of Intention is filed with the Federal Energy
Regulatory Commission, the Federal Power Act requires the Commission to
investigate and determine if the interests of interstate or foreign
commerce would be affected by the project. The Commission also
determines whether or not the project: (1) Would be located on a
navigable waterway; (2) would occupy or affect public lands or
reservations of the United States; (3) would utilize surplus water or
water power from a government dam; or (4) if applicable, has involved
or would involve any construction subsequent to 1935 that may have
increased or would increase the project's head or generating capacity,
or have otherwise significantly modified the project's pre-1935 design
or operation.
    l. Locations of the Application: Copies of this filing are on file
with the Commission and are available for public inspection. This
filing may be viewed on the Web at http://www.ferc.gov using the
``eLibrary'' link, select ``Docket'' and follow the
instructions. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll-free at<PHONE_NUMBER>, or TTY,
contact<PHONE_NUMBER>.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``PROTESTS'', AND/
OR ``MOTIONS TO INTERVENE'', as applicable, and the Docket Number of
the particular application to which the filing refers. A copy of any
motion to intervene must also be served upon each representative of the
Applicant specified in the particular application.
    p. Agency Comments--Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-23068 Filed 9-30-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 17 (Monday, January 27, 2020)]
[Notices]
[Page 4654]
[FR Doc No: 2020-01183]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD19-19-000]

Grid-Enhancing Technologies; Notice Inviting Post-Workshop
Comments

    On November 5 and 6, 2019, Federal Energy Regulatory Commission
(Commission) staff convened a workshop to discuss grid-enhancing
technologies (GETs) that increase the capacity, efficiency, or
reliability of transmission facilities.
    All interested persons are invited to file post-workshop comments
on any or all of the questions listed in the attachment to this Notice.
Commenters are encouraged to organize responses using the numbering and
order in the attached questions. Commenters are also invited to
reference material previously filed in this docket, including workshop
transcripts and submitted opening remarks, but are encouraged to avoid
repetition or replication of previous material. To the extent your
response addresses issues raised in other current proceedings before
the Commission, such as the Inquiry Regarding the Commission's Electric
Transmission Incentives (Docket No. PL19-3-000) or Managing
Transmission Line Ratings (Docket No. AD19-15-000), please provide
references to pertinent comments in those proceedings in your response.
Comments must be submitted on or before 21 days from the date of this
Notice.
    For more information about this Notice, please contact:

Samin Peirovi (Technical Information), Office of Energy Policy and
Innovation, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>Meghan O'Brien (Legal Information), Office of the General Counsel,
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
exception occurred on : 2020-01183.htm
exception occurred on : 2020-01183.htm
DC 20426,<PHONE_NUMBER>, Meghan.O'[email protected]

    Dated: January 17, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-01183 Filed 1-24-20; 8:45 am]
 BILLING CODE 6717-01-P