[Federal Register Volume 77, Number 177 (Wednesday, September 12, 2012)]
[Rules and Regulations]
[Pages 56128-56133]
[FR Doc No: 2012-22315]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2011-1028; FRL-9360-6]
RIN 2070

Polyoxin D Zinc Salt; Amendment to an Exemption From the
Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation amends the existing exemption from the
requirement of a tolerance for residues of polyoxin D zinc salt when
used as a fungicide on almonds, cucurbit vegetables, fruiting
vegetables, ginseng, grapes, pistachios, pome fruits, potatoes, and
strawberries by expanding the current exemption to include all food
commodities. This regulation establishes an exemption from the
requirement of a tolerance for residues of polyoxin D zinc salt in or
on all food commodities when applied as a fungicide and used in
accordance with good agricultural practices. On behalf of Kaken
Pharmaceutical Co., Ltd., Conn & Smith, Inc. submitted a petition to
EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting
that EPA amend the existing exemption from the requirement of a
tolerance for polyoxin D zinc salt. This regulation eliminates the need
to establish a maximum permissible level for residues of polyoxin D
zinc salt under the FFDCA.

DATES: This regulation is effective September 12, 2012. Objections and
requests for hearings must be received on or before November 13, 2012,
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-2011-1028, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution
Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPP Docket is (703) 305-
5805. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets .

FOR FURTHER INFORMATION CONTACT: Colin G. Walsh, Biopesticides and
Pollution Prevention Division (7511P), 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. 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 Government Printing Office's e-CFR site at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.
    To access the OCSPP test guidelines referenced in this document
electronically, please go to http://www.epa.gov/ocspp and select ``Test
Methods and Guidelines. ''

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

    Under FFDCA section 408(g), 21 U.S.C. 346a, 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-2011-1028 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 November 13, 2012. Addresses for mail and
hand delivery of objections and hearing requests are provided in 40 CFR
178.25(b).
    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-2011-1028, 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 (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.htm.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Background and Statutory Findings

    In the Federal Register of March 14, 2012 (77 FR 15012) (FRL-9335-
9), 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 petition (PP
1F7940) by Conn & Smith, Inc., Agent, 6713 Catskill Road, Lorton, VA
22079, on behalf of Kaken Pharmaceutical Co., Ltd. The petition
requested that 40 CFR 180.1285 be amended by expanding the current
exemption to include all food commodities, thus establishing an
exemption from the requirement of a tolerance for residues of polyoxin
D zinc salt in or on all food commodities. This notice referenced a
summary of the petition prepared by the petitioner Conn & Smith, Inc.,
on behalf of Kaken Pharmaceutical Co., Ltd., which is available in the
docket, http://www.regulations.gov. There were no comments received in
response to the notice of filing.
    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for 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 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 the Agency
consider'' available information concerning the cumulative effects of
such residues and other substances that have a common mechanism of
toxicity.''
    EPA performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. First, EPA determines the
toxicity of pesticides. Second, EPA examines exposure to the pesticide
through food, drinking water, and through other exposures that occur as
a result of pesticide use in residential settings.

III. Toxicological Profile

    Consistent with FFDCA section 408(b)(2)(D), EPA has reviewed the
available scientific data and other relevant information in support of
this action and considered its validity, completeness and reliability,
and the relationship of this information to human risk. EPA has also
considered available information concerning the variability of the
sensitivities of major identifiable subgroups of consumers, including
infants and children.
    EPA established a tolerance exemption for polyoxin D zinc salt in a
final rule published in the Federal Register on November 19, 2008, (73
FR 69559) (FRL-8389-5), which supported the uses as a fungicide on
almonds, cucurbit vegetables, fruiting vegetables, ginseng, grapes,
pistachios, pome fruits, potatoes, and strawberries. The toxicological
data submitted to support the previous tolerance exemption included the
following: Acute (six-pack) toxicity, mutagenicity, subchronic (90-day
oral), developmental, and chronic/oncogenicity studies. All of the
studies/information submitted to support the previous tolerance
exemption indicated a lack of toxicity hazards for mammals, and EPA
concluded that there is a reasonable certainty of no harm to humans,
including infants and children, from the proposed food uses of polyoxin
D zinc salt. This amendment proposes to expand the tolerance exemption
to include all food commodities when applied as a fungicide and used in
accordance with good agricultural practices. In support of this
expansion of the tolerance exemption, new data have been generated by
the petitioner and reviewed by EPA to further address the developmental
toxicity (OCSPP Guideline No. 870.3700) and mutagenicity (OCSPP
Guideline Nos. 870.5100 and 870.5375) data requirements. The data are
required when the use of the substance under widespread and commonly
recognized practices may reasonably be expected to result in
significant exposure to humans, specifically females of child-bearing
age for the developmental toxicity data requirement. The rest of the
toxicological profile as stated in the Federal Register of November 19,
2008, and referenced herein, has not changed. A copy of the November
19, 2008 final rule document (73 FR 69559) is located under docket ID
number EPA-HQ-OPP-2008-0417. A copy of the risk assessment cited herein
(See Ref.) is located under docket ID number EPA-HQ-OPP-2011-1028.
    As discussed in the Federal Register of November 19, 2008 polyoxin
D zinc salt is a brown musty smelling powder derived through the
fermentation of the microbe Streptomyces cacaoi var. asoensis , which
was isolated from a soil sample collected from Japan. This biochemical
active ingredient has a non-toxic mode of action, which acts against
fungi by inhibiting chitin growth in the cell walls, thus precluding
the development of fungal colonies. Its effects are considered fungi-
exclusive in that it has no mode of action relative to mammals and
passes through mammalian digestive systems. Polyoxin D zinc salt does
not persist in the

environment and has a well understood low toxicity profile.
    As stated previously in this Unit (III), new toxicity data have
been submitted in support of the request by the petitioner to expand
the current tolerance exemption to cover all food commodities. These
data include:
    1. A prenatal developmental toxicity study; and
    2. Two mutagenicity studies.

All new data, coupled with the data submitted to support the previous
tolerance exemption (73 FR 69561), confirm a lack of human health
hazard, as noted and reported in the original assessment of the
tolerance exemption, associated with dietary exposures of polyoxin D
zinc salt and fully demonstrate the lack of acute, subchronic, and
chronic toxicity. Summaries of the new toxicological data submitted in
support of the expansion of the tolerance exemption follow.

A. Mutagenicity

    Two new mutagenicity studies were performed for polyoxin D zinc
salt to support the expansion of the tolerance exemption. The
mutagenicity studies as described herein, along with the mutagenicity
studies submitted to support the previous tolerance exemption (73 FR
69561), confirm that polyoxin D zinc salt is not a mutagen and that
consumption of food commodities that have been treated with this
substance when used as a pesticide is safe and will not result in any
harm to human health from dietary exposure.
    1. A reverse gene mutation assay in bacteria Master Record
Identification Number ((MRID) 48653313) using the technical grade of
polyoxin D zinc salt, dissolved in dimethyl sulfoxide (DMSO), with and
without metabolic S9 activation, showed no mutagenic effects or
evidence of cytotoxicity or insolubility even at the limiting dose of
5,000 ug/plate (See Ref.). Therefore, polyoxin D zinc salt is
considered to be non-mutagenic under the conditions of this assay.
    2. An in vitro mammalian chromosome aberration test (MRID 48653314)
using the technical grade of polyoxin D zinc salt, dissolved in DMSO,
with and without metabolic S9 activation, showed clastogenic potential
in Chinese hamster lung cells (CHL/IU) with and without activation (See
Ref.). In Experiment I, polyoxin D zinc salt was tested up to dose
levels that caused >50% cell lethality without activation (260
[micro]g/mL) and with activation (1,600 [micro]g/mL). Without
activation, the frequencies of the metaphases with structural
chromosome aberrations (excluding gaps) were 14.5% and 7.5% at test
article concentrations of 186 and 260[micro]g/mL, respectively. With
activation, the frequency of metaphase cells with structural chromosome
aberrations (excluding gaps) was 9.5% at a test article concentration
of 1,600 [micro]g/mL. The frequency of polyploid metaphase cells showed
no increases either without or with activation. In Experiment II, a 24-
hour continuous treatment without activation resulted in a 8.0%
frequency of metaphases with structural chromosome aberrations
(excluding gaps) at the concentration of 133 [micro]g/mL. There were no
increases in the frequency of polyploid metaphases.
    Although the submitted in vitro mammalian chromosome aberration
test showed clastogenic potential, the results were not reproducible at
the dose levels reported in the experiment. In addition, the
mutagenicity data submitted to support the previous tolerance exemption
(73 FR 69562), which included three complimentary Tier I mutagenicity
tests and a Tier II mammalian erythrocyte micronucleus in vivo test,
showed no mutagenic effects, including no clastogenic potential (no
chromosomal aberrations). Furthermore, the lack of systemic toxicity
noted in the following developmental toxicity section (Unit III.B) and
the fact that no effects were reported in the Tier III 2-generation
reproduction study submitted for the previous tolerance exemption (73
FR 69562), indicate that polyoxin D zinc salt is not mutagenic or
clastogenic. Therefore, based on the weight of evidence of the
mutagenicity data submitted to support this expansion of the tolerance
exemption and the previous tolerance exemption (73 FR 69561), the
mutagenicity data and information are sufficient to confirm that
polyoxin D zinc salt is not a mutagen, and that consumption of food
commodities that have been treated with this substance when used as a
pesticide is safe and will not result in any harm to human health from
dietary exposure.

B. Developmental Toxicity

    A new developmental study (MRID 48653315) was performed for
polyoxin D zinc salt to support the expansion of the tolerance
exemption. No treatment-related effects were observed in general
appearance, body weight, adjusted for gravid uterine weight, weight
gain, or food consumption in maternal rats at the doses tested (0, 100,
300, and 1,000 milligrams/kilograms bodyweight/day (mg/kg bw/day) (See
Ref.). Necropsy observations showed that almost all rats (20/24) in the
1,000 mg/kg/day group highest dose tested (HDT) had thickening of the
limiting ridge. Therefore, the lowest observed adverse effect level
(LOAEL) for maternal toxicity of polyoxin D zinc salt in rats is 1,000
mg/kg bw/day based on gross lesions in the stomach (thickening of the
limiting ridge). The no observed adverse effect level (NOAEL) for
maternal toxicity is 300 mg/kg bw/day based on no effects observed at
this dose. Although an effect of gross lesions in the stomach was found
in maternal rats at the limit dose tested (1,000 mg/kg bw/day), there
were no reported systemic effects in maternal rats at this dose. The
effect in the stomach lining was limited to a localized gastric
irritation due to the route of entry (oral gavage) at the limit dose
tested (1,000 mg/kg bw/day), which is typical of the nature of the test
substance.
    For developmental toxicity, no treatment-related effects were
observed on developmental parameters including gravid uterine weight,
placental weight, mean numbers of corpora lutea and implantation sites,
numbers of early and later resorptions (dead or resorbed embryos or
fetuses), number of live fetuses per dam, implantation index, viability
index, sex ratio, and male and female body weight. The incidence of
external, visceral, and skeletal variations and anomalies were not
affected by treatment of polyoxin D zinc salt. Based on no effects
observed for developmental toxicity at any doses tested, the NOAEL for
developmental toxicity is greater than 1,000 mg/kg bw/day HDT. The
LOAEL was not identified for developmental toxicity, suggesting that
the test animals could have tolerated a higher dose.
    Based on the developmental toxicity data submitted for this
expansion to the tolerance exemption, and the Tier III 2-generation
reproduction study submitted for the previous tolerance exemption (73
FR 69562), which showed no reproductive effects at the limit dose
tested, there are sufficient data and information to confirm that
polyoxin D zinc salt is not a developmental toxicant, and that
consumption of food commodities that have been treated with this
substance when used as a pesticide is safe and will not result in any
harm to human health from dietary exposure.

IV. Aggregate Exposures

    In examining aggregate exposure, FFDCA section 408 directs EPA to
consider available information concerning exposures from the pesticide
residue in food and all other non-occupational exposures, including
drinking water from ground water or

surface water and exposure through pesticide use in gardens, lawns, or
buildings (residential and other indoor uses).

A. Dietary Exposure

    Dietary risks to humans are considered negligible based on the lack
of dietary toxicological endpoints for polyoxin D zinc salt and its
non-toxic mode of action as a fungi-specific chitin synthetase
inhibitor that passes through mammalian digestive systems. No
significant acute, subchronic, mutagenic, immunotoxic, developmental,
or chronic dietary toxicity hazards were identified in the studies
submitted to support this expansion of the tolerance exemption or the
previous tolerance exemption (73 FR 69562). Based on polyoxin D zinc
salt's lack of dietary toxicity hazards for mammals, no aggregate
dietary exposure concerns are expected.
    1. Food . The petitioner submitted three nature of residue studies
(MRIDs 486533-09 through -11) in plants (grapes, tomatoes, and lettuce)
to support this expansion of the tolerance exemption. The three nature
of residue studies represent EPA Crop Groups 13 (grapes), 08
(tomatoes), and 04 (lettuce). The total radioactive residue (TRR)
levels measured were 0.520 parts per million (ppm) at day 1; 0.538 ppm
at day 14; and 0.495 ppm at day 30 after the final application for the
grape plant (See Ref.). For tomato plants, 0.073 ppm of polyoxin D was
found 14 days after the last treatment on the tomato fruit. For
lettuce, 0.025 ppm at day 7 and 0.107 ppm at day 14 were detected in
the head of lettuce after final application.
    In addition, a terrestrial exposure model (T-Rex) was performed for
the previous tolerance exemption (73 FR 69562), which indicated that it
is highly unlikely that there will be adverse effects resulting from
the use of polyoxin D zinc salt via the oral route of exposure. EPA's
T-Rex calculations delimit aggregate dietary consumption of residues to
no more than 40 ppm, a level that is far below the HDT in any of the
toxicity testing.
    Based on the residue data submitted for this expansion of the
tolerance exemption, and the T-Rex residue modeling data from the
previous tolerance exemption (73 FR 69562), any residues found are far
below any toxicological endpoints identified in this expansion of the
tolerance exemption (developmental toxicity NOAEL greater than 1,000
mg/kg bw/day; maternal toxicity NOAEL of 300 mg/kg/day) or in the
previous tolerance exemption (73 FR 69561). The previous tolerance
exemption showed an acute oral toxicity median lethal dose
(LD50) greater than 10,000 mg/kg; a subchronic oral toxicity
NOAEL of greater than 1,333 mg/kg/day and 119 mg/kg/day in female and
male rats, respectively; a subchronic oral toxicity LOAEL of 1,166 mg/
kg/day in male rats based on decreased body weight gain, food
consumption, and food efficiency; and a chronic oral toxicity NOAEL
2,058.7 mg/kg bw/day in male rats and 2,469.8 mg/kg bw/day in female
rats.
    In summary, the residue and toxicity data demonstrate a lack of
aggregate dietary risk that is sufficient to support this expansion of
the tolerance exemption.
    2. Drinking water exposure . As stated in the previous tolerance
exemption (73 FR 69562), there is a small potential for trace amounts
of polyoxin D zinc salt to enter drinking water sources after a
significant rainfall, via surface water runoff, and/or via incidental
spray drift. The petitioner submitted a photodegradation in water study
(MRID 48653305) to support this tolerance exemption. The results of the
study show that polyoxin D zinc salt has a net photolytic half-life of
0.4 days in sterile natural water (See Ref.) . Even if residues of
polyoxin D zinc salt enter water sources, residues are expected to
degrade and be so diluted as to be negligible. The data and information
demonstrate a lack of aggregate dietary risk via drinking water and is
sufficient to support this expansion of the tolerance exemption.

B. Other Non-Occupational Exposure

    No new non-occupational exposure is expected to result from the new
food uses of polyoxin D zinc salt. No health risks are expected from
any non-occupational exposure to polyoxin D zinc salt based on the data
submitted for the previous tolerance exemption (73 FR 69562) and for
this expansion of the tolerance exemption.
    1. Dermal exposure . No new non-occupational dermal exposures are
expected to result from the new food uses of polyoxin D zinc salt
resulting from this expansion of the tolerance exemption. Any new
dermal exposure associated with this expansion of the tolerance
exemption is expected to be occupational in nature.
    2. Inhalation exposure . No new non-occupational inhalation
exposures are expected to result from the new food uses of polyoxin D
zinc salt resulting from this expansion of the tolerance exemption. Any
new inhalation exposure associated with this expansion of the tolerance
exemption is expected to be occupational in nature.

V. Cumulative Effects From Substances With a Common Mechanism of
Toxicity

    Section 408(b)(2)(D)(v) of FFDCA requires that, when considering
whether to establish, modify, or revoke a tolerance, the Agency
consider ``available information concerning the cumulative effects of a
particular pesticide's residues and other substances that have a common
mechanism of toxicity.''
    EPA has not found polyoxin D zinc salt to share a common mechanism
of toxicity with any other substances, and polyoxin D zinc salt does
not appear to produce a toxic metabolite produced by other substances.
For the purposes of this tolerance action, therefore, EPA has assumed
that polyoxin D zinc salt does not have a common mechanism of toxicity
with other substances. For information regarding EPA's efforts to
determine which chemicals have a common mechanism of toxicity and to
evaluate the cumulative effects of such chemicals, see EPA's Web site
at http://www.epa.gov/pesticides/cumulative.

VI. Determination of Safety for U.S. Population, Infants and Children

    FFDCA section 408(b)(2)(C) provides that EPA shall assess the
available information about consumption patterns among infants and
children, special susceptibility of infants and children to pesticide
chemical residues, and the cumulative effects on infants and children
of the residues and other substances with a common mechanism of
toxicity. In addition, FFDCA section 408(b)(2)(C) provides that EPA
shall apply an additional tenfold margin of safety for infants and
children in the case of threshold effects to account for prenatal and
postnatal toxicity and the completeness of the database unless EPA
determines that a different margin of safety will be safe for infants
and children. Margins of exposure safety, which are often referred to
as uncertainty factors, are incorporated into EPA risk assessments
either directly or through the use of a margin of exposure analysis, or
by using uncertainty (safety) factors in calculating a dose level that
poses no appreciable risk.
    Relevant data and information submitted for the previous tolerance
exemption (73 FR 69560) and for this expansion of the tolerance
exemption indicate that polyoxin D zinc salt has negligible acute,
subchronic, chronic, and developmental toxicity. Moreover, polyoxin D
zinc salt is defined by its fungistatic non-toxic mode of action, and
demonstrates no significant mammalian effect. Therefore, the

Agency concludes that there is a reasonable certainty that no harm will
result to the U.S. population, including infants and children, from
aggregate exposure to the residues of polyoxin D zinc salt. This
includes all anticipated dietary exposures and all other exposures for
which there is reliable information. EPA has arrived at this conclusion
because the data and information available on polyoxin D zinc salt do
not demonstrate toxic potential to mammals. Thus, there are no
threshold effects of concern and, as a result, an additional margin of
safety is not necessary.

VII. Other Considerations

A. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes for
the reasons stated above, and because EPA is establishing an exemption
from the requirement of a tolerance without any numerical limitation.

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    The Codex has not established a MRL for polyoxin D zinc salt.

VIII. Conclusions

    EPA concludes 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 polyoxin D zinc salt. Therefore,
the existing exemption from the requirement of a tolerance for residues
of polyoxin D zinc salt when used as a fungicide on almonds, cucurbit
vegetables, fruiting vegetables, ginseng, grapes, pistachios, pome
fruits, potatoes, and strawberries is amended by establishing an
exemption from the requirement of a tolerance for residues of polyoxin
D zinc salt in or on all food commodities when applied as a fungicide
and used in accordance with good agricultural practices.

IX. References

    The reference used in this document is in the OPP docket listed
under docket ID EPA-HQ-OPP-2011-1028 and may be seen by accessing the
www.regulations.gov Web site. A copy of the previous final rule
published in the Federal Register on November 19, 2008, is in the OPP
docket listed under docket ID EPA-HQ-OPP-2008-0417.
    U.S. EPA. 2011. Memorandum from Manying Xue to Colin Walsh.
Polyoxin D zinc salt (EPA Reg. : 68173-1), Containing 23.8% of
Polyoxin D Zinc Salt (Active Ingredient). Science Review of Product
Chemistry, Residue Chemistry, Non-Target Organism and Toxicity Data in
Support of label Amendment. U.S. Environmental Protection Agency Office
of Pesticide Programs. May 11, 2012.

X. Statutory and Executive Order Reviews

    This final rule establishes a tolerance under FFDCA section 408(d)
in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this final rule has
been exempted from review under Executive Order 12866, this final rule
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 final rule does not contain
any information collections subject to OMB approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et seq ., nor does it require any
special considerations under Executive Order 12898, entitled ``Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance
exemption in this final rule, do not require the issuance of a proposed
rule, the requirements of the Regulatory Flexibility Act (RFA) (5
U.S.C. 601 et seq .), do not apply.
    This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this final rule. In addition,
this final rule does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (2 U.S.C. 1501 et seq .).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA) (15 U.S.C. 272 note).

XI. 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: August 29, 2012.
Keith A. Matthews,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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

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

0
2. Section 180.1285 is revised to read as follows:

Sec.  180.1285  Polyoxin D zinc salt; exemption from the requirement of
a tolerance.

    An exemption from the requirement of a tolerance is established for
the residues of polyoxin D zinc salt in or on all food commodities when
applied as a fungicide and used in accordance with good agricultural
practices.

[FR Doc. 2012-22315 Filed 9-11-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)]
[Rules and Regulations]
[Pages 1559-1565]
[FR Doc No: 2018-00447]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-R06-OAR-2017-0061; FRL-9972-28-Region 6]

National Emission Standards for Hazardous Air Pollutants;
Delegation of Authority to Texas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; delegation of authority.

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

SUMMARY: The Texas Commission on Environmental Quality (TCEQ) has
submitted updated regulations for receiving delegation of the EPA
authority for implementation and enforcement of National Emission
Standards for Hazardous Air Pollutants (NESHAPs) for all sources (both
part 70 and non-part 70 sources). These regulations apply to certain
NESHAPs promulgated by the EPA, as amended between April 24, 2013 and
August 3, 2016. The delegation of authority under this action does not
apply to sources located in Indian Country. The EPA is taking direct
final action to approve the delegation of certain NESHAPs to TCEQ.

DATES: This rule is effective on March 13, 2018 without further notice,
unless the EPA receives relevant adverse comment by February 12, 2018.
If the EPA receives such comment, the EPA will publish a timely
withdrawal in the Federal Register informing the public that this rule
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2017-0061, at http://www.regulations.gov or via email to
[email protected]. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, please

contact Rick Barrett,<PHONE_NUMBER>, [email protected]. For the
full EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Mr. Rick Barrett (6MM-AP), (214) 665-
7227; email: [email protected]. To inspect the hard copy
materials, please schedule an appointment with Mr. Rick Barrett or Mr.
Bill Deese at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. What does this action do?
II. What is the authority for delegation?
III. What criteria must Texas' program meet to be approved?
IV. How did TCEQ meet the approval criteria?
V. What is being delegated?
VI. What is not being delegated?
VII. How will applicability determinations under section 112 be
made?
VIII. What authority does the EPA have?
IX. What information must TCEQ provide to the EPA?
X. What is the EPA's oversight role?
XI. Should sources submit notices to the EPA or TCEQ?
XII. How will unchanged authorities be delegated to TCEQ in the
future?
XIII. Final action
XIV. Statutory and Executive Order Reviews

I. What does this action do?

    The EPA is taking direct final action to approve the delegation of
certain NESHAPs to TCEQ. With this delegation, TCEQ has the primary
responsibility to implement and enforce the delegated standards. See
sections V and VI, below, for a discussion of which standards are being
delegated and which are not being delegated.

II. What is the authority for delegation?

    Section 112(l) of the CAA, and 40 CFR part 63, subpart E,
authorizes the EPA to delegate authority to any State or local agency
which submits adequate regulatory procedures for implementation and
enforcement of emission standards for hazardous air pollutants. The
hazardous air pollutant standards are codified at 40 CFR part 63.

III. What criteria must Texas' program meet to be approved?

    Section 112(l)(5) of the CAA enables the EPA to approve State air
toxics programs or rules to operate in place of the Federal air toxics
program or rules. 40 CFR part 63, subpart E (subpart E) governs the
EPA's approval of State rules or programs under section 112(l).
    The EPA will approve an air toxics program if we find that:
    (1) The State program is ``no less stringent'' than the
corresponding Federal program or rule;
    (2) The State has adequate authority and resources to implement the
program;
    (3) The schedule for implementation and compliance is sufficiently
expeditious; and
    (4) The program otherwise complies with Federal guidance.
    In order to obtain approval of its program to implement and enforce
Federal section 112 rules as promulgated without changes (straight
delegation), only the criteria of 40 CFR 63.91(d) must be met. 40 CFR
63.91(d)(3) provides that interim or final Title V program approval
will satisfy the criteria of 40 CFR 63.91(d) for part 70 sources
(sources required to obtain operating permits pursuant to Title V of
the Clean Air Act). The NESHAPs delegation was most recently approved
on November 25, 2014 (79 FR 70102).

IV. How did TCEQ meet the subpart E approval criteria?

    As part of its Title V submission, TCEQ stated that it intended to
use the mechanism of incorporation by reference to adopt unchanged
Federal section 112 standards into its regulations. This commitment
applied to both existing and future standards as they applied to part
70 sources ((60 FR 30444 (June 7, 1995) and 61 FR 32699 (June 25,
1996)). On December 6, 2001, the EPA promulgated final full approval of
the State's operating permits program effective November 30, 2001 (66
FR 63318). TCEQ was originally delegated the authority to implement
certain NESHAPs effective May 17, 2005 (70 FR 13108). Under 40 CFR
63.91(d)(2), once a State has satisfied up-front approval criteria, it
needs only to reference the previous demonstration and reaffirm that it
still meets the criteria for any subsequent submittals. TCEQ has
affirmed that it still meets the up-front approval criteria.

V. What is being delegated?

    By letter dated January 12, 2017, TCEQ requested the EPA to update
its existing NESHAP delegation. With certain exceptions noted in
section VI below, TCEQ requests delegation of certain Part 63 NESHAPs
for all sources (both part 70 and non-part 70 sources). TCEQ's request
included newly incorporated NESHAPs promulgated by the EPA and
amendments to existing standards currently delegated, as amended
between April 24, 2013 and August 3, 2016. These NESHAP were adopted by
TCEQ on December 7, 2016.

VI. What is not being delegated?

    The EPA cannot delegate to a State any of the Category II Subpart A
authorities set forth in 40 CFR 63.91(g)(2). These include the
following provisions: Sec.  63.6(g), Approval of Alternative Non-
Opacity Standards; Sec.  63.6(h)(9), Approval of Alternative Opacity
Standards; Sec.  63.7(e)(2)(ii) and (f), Approval of Major Alternatives
to Test Methods; Sec.  63.8(f), Approval of Major Alternatives to
Monitoring; and Sec.  63.10(f), Approval of Major Alternatives to
Recordkeeping and Reporting. In addition, some Part 63 standards have
certain provisions that cannot be delegated to the States. Therefore,
any Part 63 standard that the EPA is delegating to TCEQ that provides
that certain authorities cannot be delegated are retained by the EPA
and not delegated. Furthermore, no authorities are delegated that
require rulemaking in the Federal Register to implement, or where
Federal overview is the only way to ensure national consistency in the
application of the standards or requirements of CAA section 112.
Finally, section 112(r), the accidental release program authority, is
not being delegated by this approval.
    All of the inquiries and requests concerning implementation and
enforcement of the excluded standards in the State of Texas should be
directed to the EPA Region 6 Office.
    In addition, this delegation to TCEQ to implement and enforce
certain NESHAPs does not extend to sources or activities located in
Indian country, as defined in 18 U.S.C. 1151. Under this definition,
the EPA treats as reservations, trust lands validly set aside for the
use of a Tribe even if the trust lands have not been formally
designated as a reservation. Consistent with previous federal program
approvals or delegations, the EPA will continue to implement the
NESHAPs in Indian country because TCEQ has not submitted information to
demonstrate authority over sources and activities

located within the exterior boundaries of Indian reservations and other
areas in Indian country.

VII. How will applicability determinations under section 112 be made?

    In approving this delegation, TCEQ will seek concurrence from the
EPA on any matter involving the interpretation of section 112 of the
CAA or 40 CFR part 63 to the extent that application, implementation,
administration, or enforcement of these sections have not been covered
by the EPA determinations or guidance.

VIII. What authority does the EPA have?

    We retain the right, as provided by CAA section 112(l)(7), to
enforce any applicable emission standard or requirement under section
112. The EPA also has the authority to make certain decisions under the
General Provisions (subpart A) of part 63. We are granting TCEQ some of
these authorities, and retaining others, as explained in sections V and
VI above. In addition, the EPA may review and disapprove of State
determinations and subsequently require corrections. (See 40 CFR
63.91(g) and 65 FR 55810, 55823, September 14, 2000, as amended at 70
FR 59887, October 13, 2005; 72 FR 27443, May 16, 2007.)
    Furthermore, we retain any authority in an individual emission
standard that may not be delegated according to provisions of the
standard. Also, listed in the footnotes of the part 63 delegation table
at the end of this rule are the authorities that cannot be delegated to
any State or local agency which we therefore retain.

IX. What information must TCEQ provide to the EPA?

    TCEQ must provide any additional compliance related information to
the EPA, Region 6, Office of Enforcement and Compliance Assurance
within 45 days of a request under 40 CFR 63.96(a). In receiving
delegation for specific General Provisions authorities, TCEQ must
submit to the EPA Region 6 on a semi-annual basis, copies of
determinations issued under these authorities. For part 63 standards,
these determinations include: Section 63.1, Applicability
Determinations; Section 63.6(e), Operation and Maintenance
Requirements--Responsibility for Determining Compliance; Section
63.6(f), Compliance with Non-Opacity Standards--Responsibility for
Determining Compliance; Section 63.6(h), Compliance with Opacity and
Visible Emissions Standards--Responsibility for Determining Compliance;
Sections 63.7(c)(2)(i) and (d), Approval of Site-Specific Test Plans;
Section 63.7(e)(2)(i), Approval of Minor Alternatives to Test Methods;
Section 63.7(e)(2)(ii) and (f), Approval of Intermediate Alternatives
to Test Methods; Section 63.7(e)(iii), Approval of Shorter Sampling
Times and Volumes When Necessitated by Process Variables or Other
Factors; Sections 63.7(e)(2)(iv), (h)(2), and (h)(3), Waiver of
Performance Testing; Sections 63.8(c)(1) and (e)(1), Approval of Site-
Specific Performance Evaluation (Monitoring) Test Plans; Section
63.8(f), Approval of Minor Alternatives to Monitoring; Section 63.8(f),
Approval of Intermediate Alternatives to Monitoring; Section 63.9 and
63.10, Approval of Adjustments to Time Periods for Submitting Reports;
Section 63.10(f), Approval of Minor Alternatives to Recordkeeping and
Reporting; Section 63.7(a)(4), Extension of Performance Test Deadline.

X. What is the EPA's oversight role?

    The EPA must oversee TCEQ's decisions to ensure the delegated
authorities are being adequately implemented and enforced. We will
integrate oversight of the delegated authorities into the existing
mechanisms and resources for oversight currently in place. If, during
oversight, we determine that TCEQ made decisions that decreased the
stringency of the delegated standards, then TCEQ shall be required to
take corrective actions and the source(s) affected by the decisions
will be notified, as required by 40 CFR 63.91(g)(1)(ii). We will
initiate withdrawal of the program or rule if the corrective actions
taken are insufficient.

XI. Should sources submit notices to the EPA or TCEQ?

    For the NESHAPs being delegated and included in the table below,
all of the information required pursuant to the general provisions and
the relevant subpart of the Federal NESHAP (40 CFR part 63) should be
submitted by sources located outside of Indian country, directly to
TCEQ at the following address: Texas Commission on Environmental
Quality, Office of Permitting, Remediation and Registration, Air
Permits Division (MC 163), P.O. Box 13087, Austin, Texas 78711-3087.
TCEQ is the primary point of contact with respect to delegated NESHAPs.
Sources do not need to send a copy to the EPA. The EPA Region 6 waives
the requirement that notifications and reports for delegated standards
be submitted to the EPA in addition to TCEQ in accordance with 40 CFR
63.9(a)(4)(ii) and 63.10(a)(4)(ii).\1\ For those standards that are not
delegated, sources must continue to submit all appropriate information
to the EPA.
---------------------------------------------------------------------------

    \1\ This waiver only extends to the submission of copies of
notifications and reports; EPA does not waive the requirements in
delegated standards that require notifications and reports be
submitted to an electronic database (e.g., 40 CFR part 63, subpart
HHHHHHH).
---------------------------------------------------------------------------

XII. How will unchanged authorities be delegated to TCEQ in the future?

    In the future, TCEQ will only need to send a letter of request to
the EPA, Region 6, for NESHAP regulations that TCEQ has adopted by
reference. The letter must reference the previous up-front approval
demonstration and reaffirm that it still meets the up-front approval
criteria. We will respond in writing to the request stating that the
request for delegation is either granted or denied. A Federal Register
action will be published to inform the public and affected sources of
the delegation, indicate where source notifications and reports should
be sent, and to amend the relevant portions of the Code of Federal
Regulations showing which NESHAP standards have been delegated to TCEQ.

XIII. Final Action

    The public was provided the opportunity to comment on the proposed
approval of the program and mechanism for delegation of section 112
standards, as they apply to part 70 sources, on June 7, 1995, for the
proposed interim approval of TCEQ's Title V operating permits program;
and on October 11, 2001, for the proposed final approval of TCEQ's
Title V operating permits program. In the EPA's final full approval of
Texas' Operating Permits Program on December 6, 2001 (66 FR 63318), the
EPA discussed the public comments on the proposed final delegation of
the Title V operating permits program. In today's action, the public is
given the opportunity to comment on the approval of TCEQ's request for
delegation of authority to implement and enforce certain section 112
standards for all sources (both part 70 and non-part 70 sources) which
have been adopted by reference into Texas' state regulations. However,
the Agency views the approval of these requests as a noncontroversial
action and anticipates no adverse comments. Therefore, the EPA is
publishing this rule without prior proposal. However, in the ``Proposed
Rules'' section of this issue of the Federal Register, the EPA is
publishing a separate document that will serve as the proposal to
approve the

program and delegation of authority described in this action if
relevant adverse comments are received. This action will be effective
March 13, 2018 without further notice unless the Agency receives
relevant adverse comments by February 12, 2018.
    If the EPA receives relevant adverse comments, we will publish a
timely withdrawal in the Federal Register informing the public the rule
will not take effect. We will address all public comments in a
subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
we receive relevant adverse comment on an amendment, paragraph, or
section of this rule and if that provision may be severed from the
remainder of the rule, we may adopt as final those provisions of the
rule that are not the subject of a relevant adverse comment.

XIV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
is not an Executive Order 13771 regulatory action because this action
is not significant under Executive Order 12866. This action merely
approves state law as meeting Federal requirements and imposes no
additional requirements beyond those imposed by state law. Accordingly,
the Administrator certifies that this rule will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule
approves pre-existing requirements under state law and does not impose
any additional enforceable duty beyond that required by state law, it
does not contain any unfunded mandate or significantly or uniquely
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4). The EPA believes that this action does not
have disproportionately high and adverse human health or environmental
effects on minority populations, low-income populations and/or
indigenous peoples, as specified in Executive Order 12898 (59 FR 7629,
February 16, 1994).
    The delegation is not approved to apply on any Indian reservation
land or in any other area where the EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law.
    This action also does not have Federalism implications because it
does not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a state request to receive
delegation of certain Federal standards, and does not alter the
relationship or the distribution of power and responsibilities
established in the Clean Air Act. This rule also is not subject to
Executive Order 13045 ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because
it is not economically significant.
    In reviewing delegation submissions, the EPA's role is to approve
submissions, provided that they meet the criteria of the Clean Air Act.
In this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), the EPA has no
authority to disapprove a delegation submission for failure to use VCS.
It would thus be inconsistent with applicable law for the EPA to use
VCS in place of a delegation submission that otherwise satisfies the
provisions of the Clean Air Act. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The 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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by March 13, 2018. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: January 4, 2018.
Wren Stenger,
Director, Multimedia Division, Region 6.

    40 CFR part 63 is amended as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES

0
1. The authority citation for part 63 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart E--Approval of State Programs and Delegation of Federal
Authorities

0
2. Section 63.99 is amended by revising paragraph (a)(44)(i) to read as
follows:

Sec.  63.99  Delegated Federal authorities.

    (a) * * *
    (44) * * *
    (i) The following table lists the specific part 63 standards that
have been delegated unchanged to the Texas Commission on Environmental
Quality for all sources. The ``X'' symbol is used to indicate each
subpart that has been delegated. The delegations are subject to all of
the conditions and limitations set forth in Federal law and
regulations. Some authorities cannot be delegated and are retained by
the EPA. These include certain General Provisions authorities and
specific parts of some standards. Any amendments made to

these rules after August 3, 2016 are not delegated.

       Delegation Status for Part 63 Standards--State of Texas \1\
                       [Excluding Indian Country]
------------------------------------------------------------------------
            Subpart                  Source category         TCEQ \2\
------------------------------------------------------------------------
A..............................  General Provisions....               X
F..............................  Hazardous Organic                    X
                                  NESHAP (HON)--
                                  Synthetic Organic
                                  Chemical
                                  Manufacturing
                                  Industry (SOCMI).
G..............................  HON--SOCMI Process                   X
                                  Vents, Storage
                                  Vessels, Transfer
                                  Operations and
                                  Wastewater.
H..............................  HON--Equipment Leaks..               X
I..............................  HON--Certain Processes               X
                                  Negotiated Equipment
                                  Leak Regulation.
J..............................  Polyvinyl Chloride and           (\3\)
                                  Copolymers Production.
K..............................  (Reserved)............  ...............
L..............................  Coke Oven Batteries...               X
M..............................  Perchloroethylene Dry                X
                                  Cleaning.
N..............................  Chromium                             X
                                  Electroplating and
                                  Chromium Anodizing
                                  Tanks.
O..............................  Ethylene Oxide                       X
                                  Sterilizers.
P..............................  (Reserved)............  ...............
Q..............................  Industrial Process                   X
                                  Cooling Towers.
R..............................  Gasoline Distribution.               X
S..............................  Pulp and Paper                       X
                                  Industry.
T..............................  Halogenated Solvent                  X
                                  Cleaning.
U..............................  Group I Polymers and                 X
                                  Resins.
V..............................  (Reserved)............  ...............
W..............................  Epoxy Resins                         X
                                  Production and Non-
                                  Nylon Polyamides
                                  Production.
X..............................  Secondary Lead                       X
                                  Smelting.
Y..............................  Marine Tank Vessel                   X
                                  Loading.
Z..............................  (Reserved)............  ...............
AA.............................  Phosphoric Acid                      X
                                  Manufacturing Plants.
BB.............................  Phosphate Fertilizers                X
                                  Production Plants.
CC.............................  Petroleum Refineries..               X
DD.............................  Off-Site Waste and                   X
                                  Recovery Operations.
EE.............................  Magnetic Tape                        X
                                  Manufacturing.
FF.............................  (Reserved)............  ...............
GG.............................  Aerospace                            X
                                  Manufacturing and
                                  Rework Facilities.
HH.............................  Oil and Natural Gas                  X
                                  Production Facilities.
II.............................  Shipbuilding and Ship                X
                                  Repair Facilities.
JJ.............................  Wood Furniture                       X
                                  Manufacturing
                                  Operations.
KK.............................  Printing and                         X
                                  Publishing Industry.
LL.............................  Primary Aluminum                     X
                                  Reduction Plants.
MM.............................  Chemical Recovery                    X
                                  Combustion Sources at
                                  Kraft, Soda, Sulfide,
                                  and Stand-Alone
                                  Semichemical Pulp
                                  Mills.
NN.............................  Wool Fiberglass                      X
                                  Manufacturing Area
                                  Sources.
OO.............................  Tanks-Level 1.........               X
PP.............................  Containers............               X
QQ.............................  Surface Impoundments..               X
RR.............................  Individual Drain                     X
                                  Systems.
SS.............................  Closed Vent Systems,    ...............
                                  Control Devices,
                                  Recovery Devices and
                                  Routing to a Fuel Gas
                                  System or a Process.
TT.............................  Equipment Leaks--                    X
                                  Control Level 1.
UU.............................  Equipment Leaks--                    X
                                  Control Level 2
                                  Standards.
VV.............................  Oil--Water Separators                X
                                  and Organic--Water
                                  Separators.
WW.............................  Storage Vessels                      X
                                  (Tanks)--Control
                                  Level 2.
XX.............................  Ethylene Manufacturing               X
                                  Process Units Heat
                                  Exchange Systems and
                                  Waste Operations.
YY.............................  Generic Maximum                      X
                                  Achievable Control
                                  Technology Standards.
ZZ-BBB.........................  (Reserved)............  ...............
CCC............................  Steel Pickling--HCI                  X
                                  Process Facilities
                                  and Hydrochloric Acid
                                  Regeneration.
DDD............................  Mineral Wool                         X
                                  Production.
EEE............................  Hazardous Waste                      X
                                  Combustors.
FFF............................  (Reserved)............  ...............
GGG............................  Pharmaceuticals                      X
                                  Production.
HHH............................  Natural Gas                          X
                                  Transmission and
                                  Storage Facilities.
III............................  Flexible Polyurethane                X
                                  Foam Production.
JJJ............................  Group IV Polymers and                X
                                  Resins.
KKK............................  (Reserved)............  ...............
LLL............................  Portland Cement                      X
                                  Manufacturing.
MMM............................  Pesticide Active                     X
                                  Ingredient Production.
NNN............................  Wool Fiberglass                      X
                                  Manufacturing.
OOO............................  Amino/Phenolic Resins.               X
PPP............................  Polyether Polyols                    X
                                  Production.
QQQ............................  Primary Copper                       X
                                  Smelting.

RRR............................  Secondary Aluminum                   X
                                  Production.
SSS............................  (Reserved)............  ...............
TTT............................  Primary Lead Smelting.               X
UUU............................  Petroleum Refineries--               X
                                  Catalytic Cracking
                                  Units, Catalytic
                                  Reforming Units and
                                  Sulfur Recovery
                                  Plants.
VVV............................  Publicly Owned                       X
                                  Treatment Works
                                  (POTW).
WWW............................  (Reserved)............  ...............
XXX............................  Ferroalloys                          X
                                  Production:
                                  Ferromanganese and
                                  Silicomanganese.
AAAA...........................  Municipal Solid Waste                X
                                  Landfills.
CCCC...........................  Nutritional Yeast                    X
                                  Manufacturing.
DDDD...........................  Plywood and Composite            X \4\
                                  Wood Products.
EEEE...........................  Organic Liquids                      X
                                  Distribution.
FFFF...........................  Misc. Organic Chemical               X
                                  Production and
                                  Processes (MON).
GGGG...........................  Solvent Extraction for               X
                                  Vegetable Oil
                                  Production.
HHHH...........................  Wet Formed Fiberglass                X
                                  Mat Production.
IIII...........................  Auto & Light Duty                    X
                                  Truck (Surface
                                  Coating).
JJJJ...........................  Paper and other Web                  X
                                  (Surface Coating).
KKKK...........................  Metal Can (Surface                   X
                                  Coating).
MMMM...........................  Misc. Metal Parts and                X
                                  Products (Surface
                                  Coating).
NNNN...........................  Surface Coating of                   X
                                  Large Appliances.
OOOO...........................  Fabric Printing                      X
                                  Coating and Dyeing.
PPPP...........................  Plastic Parts (Surface               X
                                  Coating).
QQQQ...........................  Surface Coating of                   X
                                  Wood Building
                                  Products.
RRRR...........................  Surface Coating of                   X
                                  Metal Furniture.
SSSS...........................  Surface Coating for                  X
                                  Metal Coil.
TTTT...........................  Leather Finishing                    X
                                  Operations.
UUUU...........................  Cellulose Production                 X
                                  Manufacture.
VVVV...........................  Boat Manufacturing....               X
WWWW...........................  Reinforced Plastic                   X
                                  Composites Production.
XXXX...........................  Rubber Tire                          X
                                  Manufacturing.
YYYY...........................  Combustion Turbines...               X
ZZZZ...........................  Reciprocating Internal               X
                                  Combustion Engines
                                  (RICE).
AAAAA..........................  Lime Manufacturing                   X
                                  Plants.
BBBBB..........................  Semiconductor                        X
                                  Manufacturing.
CCCCC..........................  Coke Ovens: Pushing,                 X
                                  Quenching and Battery
                                  Stacks.
DDDDD..........................  Industrial/Commercial/           X \5\
                                  Institutional Boilers
                                  and Process Heaters
                                  Major Sources.
EEEEE..........................  Iron Foundries........               X
FFFFF..........................  Integrated Iron and                  X
                                  Steel.
GGGGG..........................  Site Remediation......               X
HHHHH..........................  Miscellaneous Coating                X
                                  Manufacturing.
IIIII..........................  Mercury Cell Chlor-                  X
                                  Alkali Plants.
JJJJJ..........................  Brick and Structural             X \6\
                                  Clay Products
                                  Manufacturing.
KKKKK..........................  Clay Ceramics                    X \6\
                                  Manufacturing.
LLLLL..........................  Asphalt Roofing and                  X
                                  Processing.
MMMMM..........................  Flexible Polyurethane                X
                                  Foam Fabrication
                                  Operation.
NNNNN..........................  Hydrochloric Acid                    X
                                  Production, Fumed
                                  Silica Production.
OOOOO..........................  (Reserved)............  ...............
PPPPP..........................  Engine Test Facilities               X
QQQQQ..........................  Friction Products                    X
                                  Manufacturing.
RRRRR..........................  Taconite Iron Ore                    X
                                  Processing.
SSSSS..........................  Refractory Products                  X
                                  Manufacture.
TTTTT..........................  Primary Magnesium                    X
                                  Refining.
UUUUU..........................  Coal and Oil-Fired               X \7\
                                  Electric Utility
                                  Steam Generating
                                  Units.
VVVVV..........................  (Reserved)............  ...............
WWWWW..........................  Hospital Ethylene                    X
                                  Oxide Sterilizers
                                  Area Sources.
XXXXX..........................  (Reserved)............  ...............
YYYYY..........................  Electric Arc Furnace                 X
                                  Steelmaking
                                  Facilities Area
                                  Sources.
ZZZZZ..........................  Iron and Steel                       X
                                  Foundries Area
                                  Sources.
AAAAAA.........................  (Reserved)............  ...............
BBBBBB.........................  Gasoline Distribution                X
                                  Bulk Terminals, Bulk
                                  Plants, and Pipeline
                                  Facilities.
                                 Area Sources..........
CCCCCC.........................  Gasoline Dispensing                  X
                                  Facilities Area
                                  Sources.
DDDDDD.........................  Polyvinyl Chloride and               X
                                  Copolymers Production
                                  Area Sources.
EEEEEE.........................  Primary Copper                       X
                                  Smelting Area Sources.
FFFFFF.........................  Secondary Copper                     X
                                  Smelting Area Sources.
GGGGGG.........................  Primary Nonferrous                   X
                                  Metals Area Sources:
                                  Zinc, Cadmium, and
                                  Beryllium.
HHHHHH.........................  Paint Stripping and                  X
                                  Miscellaneous Surface
                                  Coating Operations at
                                  Area Sources.
IIIIII.........................  (Reserved)............  ...............
JJJJJJ.........................  Industrial,                          X
                                  Commercial, and
                                  Institutional Boilers
                                  Area Sources.
KKKKKK.........................  (Reserved)............  ...............
LLLLLL.........................  Acrylic and Modacrylic               X
                                  Fibers Production
                                  Area Sources.

MMMMMM.........................  Carbon Black                         X
                                  Production Area
                                  Sources.
NNNNNN.........................  Chemical Manufacturing               X
                                  Area Sources:
                                  Chromium Compounds.
OOOOOO.........................  Flexible Polyurethane                X
                                  Foam Production and
                                  Fabrication Area
                                  Sources.
PPPPPP.........................  Lead Acid Battery                    X
                                  Manufacturing Area
                                  Sources.
QQQQQQ.........................  Wood Preserving Area                 X
                                  Sources.
RRRRRR.........................  Clay Ceramics                        X
                                  Manufacturing Area
                                  Sources.
SSSSSS.........................  Glass Manufacturing                  X
                                  Area Sources.
TTTTTT.........................  Secondary Nonferrous                 X
                                  Metals Processing
                                  Area Sources.
UUUUUU.........................  (Reserved)............  ...............
VVVVVV.........................  Chemical Manufacturing               X
                                  Area Sources.
WWWWWW.........................  Plating and Polishing                X
                                  Operations Area
                                  Sources.
XXXXXX.........................  Metal Fabrication and                X
                                  Finishing Area
                                  Sources.
YYYYYY.........................  Ferroalloys Production               X
                                  Facilities Area
                                  Sources.
ZZZZZZ.........................  Aluminum, Copper, and                X
                                  Other Nonferrous
                                  Foundries Area
                                  Sources.
AAAAAAA........................  Asphalt Processing and               X
                                  Asphalt Roofing
                                  Manufacturing Area
                                  Sources.
BBBBBBB........................  Chemical Preparations                X
                                  Industry Area Sources.
CCCCCCC........................  Paints and Allied                    X
                                  Products
                                  Manufacturing Area
                                  Sources.
DDDDDDD........................  Prepared Feeds                       X
                                  Manufacturing Area
                                  Sources.
EEEEEEE........................  Gold Mine Ore           ...............
                                  Processing and
                                  Production Area
                                  Sources.
FFFFFFF--GGGGGGG...............  (Reserved)............  ...............
HHHHHHH........................  Polyvinyl Chloride and               X
                                  Copolymers Production
                                  Major Sources.
------------------------------------------------------------------------
\1\ Program delegated to the Texas Commission on Environmental Quality
  (TCEQ).
\2\ Authorities which may not be delegated include: Sec.   63.6(g),
  Approval of Alternative Non-Opacity Emission Standards; Sec.
  63.6(h)(9), Approval of Alternative Opacity Standards; Sec.
  63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test
  Methods; Sec.   63.8(f), Approval of Major Alternatives to Monitoring;
  Sec.   63.10(f), Approval of Major Alternatives to Recordkeeping and
  Reporting; and all authorities identified in the subparts (e.g., under
  ``Delegation of Authority'') that cannot be delegated.
\3\ TCEQ was previously delegated this subpart on May 17, 2005 (70 FR
  13018). The subpart was vacated and remanded to the EPA by the United
  States Court of Appeals for the District of Columbia Circuit. See,
  Mossville Environmental Action Network v. EPA, 370 F. 3d 1232 (DC Cir.
  2004). Because of the DC Court's holding, this subpart is not
  delegated to TCEQ at this time.
\4\ This subpart was issued a partial vacatur by the United States Court
  of Appeals for the District of Columbia Circuit. See 72 FR 61060
  (October 29, 2007).
\5\ Final rule. See 76 FR 15608 (March 21, 2011), as amended at 78 FR
  7138 (January 31, 2013); 80 FR 72807 (November 20, 2015).
\6\ Final promulgated rule adopted by the EPA. See 80 FR 65470 (October
  26, 2015). Note that Part 63 Subpart KKKKK was amended to correct
  minor typographical errors. See 80 FR 75817 (December 4, 2015).
\7\ Final Rule. See 77 FR 9304 (February 16, 2012), as amended 81 FR
  20172 (April 6, 2016). Final Supplemental Finding that it is
  appropriate and necessary to regulate HAP emissions from Coal- and Oil-
  fired EUSGU Units. See 81 FR 24420 (April 25, 2016).

* * * * *
[FR Doc. 2018-00447 Filed 1-11-18; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: October 17, 2005 (Volume 70, Number 199)]
[Notices]
[Page 60322]
[DOCID:fr17oc05-72]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP96-359-028]

Transcontinental Gas Pipe Line Corporation; Notice of Negotiated
Rate

October 6, 2005.
    Take notice that on September 30, 2005 Transcontinental Gas Pipe
Line Corporation (Transco) tendered for filing copies of nineteen
executed service agreements between Transco and Municipal Gas Authority
of Georgia under Transco's Rate Schedule FT that contain negotiated
rates for firm transportation service under Transco's SouthCoast,
Sundance, and Momentum Expansion Projects. The effective date of these
service agreements is October 1, 2005.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-5683 Filed 10-14-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 250 (Wednesday, December 30, 2015)]
[Rules and Regulations]
[Pages 81465-81466]
[FR Doc No: 2015-32871]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-0974]

Drawbridge Operation Regulation; Des Allemands Bayou, Des
Allemands, LA

AGENCY: Coast Guard, DHS.

ACTION: Delay of effective date without notice for temporary deviation
from regulations.

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

SUMMARY: The Coast Guard is modifying the effective dates of a
published temporary deviation from the operating schedule that governs
the Burlington Northern Santa Fe Railroad swing span drawbridge across
Des Allemands Bayou, mile 14.0, at Des Allemands, St. Charles and
Lafourche Parishes, Louisiana. This modification of the dates is
necessary due to weather delaying the scheduled rehabilitations. This
deviation allows the bridge to remain in its closed-to-navigation
position for three eight-hour periods during three consecutive days on
two separate occasions.

DATES: The deviation published December 11, 2015 (80 FR 76860) is
effective from 7 a.m. on January 20, 2016 through 3 p.m. on January 29,
2016.

ADDRESSES: The docket mentioned in the preamble as being available in
the docket are part of the docket USCG-2015-0974 and are available at
http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Donna Gagliano, Bridge Specialist,
Coast Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On December 11, 2015, the Coast Guard
published a notice of temporary deviation from regulations entitled,
``Drawbridge Operation Regulation; Des Allemands Bayou, Des Allemands,
LA'' in the Federal Register (80 FR 76860). The Burlington Northern
Santa Fe Railroad requested this temporary deviation from the operating
schedule of the swing span drawbridge across Des Allemands Bayou, mile
14.0, at Des Allemands, St. Charles and Lafourche Parishes, Louisiana,
for January 13 through 22, 2016, to perform the rehabilitation. Due to
the weather issues, preparations for the rehabilitation were delayed so
Burlington Northern Santa Fe Railroad requested a modification to the
effective dates from January 20 through 29, 2016.
    The bridge has a vertical clearance of three feet above mean high
water in the closed-to-navigation position and unlimited in the open-
to-navigation position.
    The draw currently operates under 33 CFR 117.440(b). For purposes
of this deviation, the bridge will not be required to open from 7 a.m.
to 3 p.m. daily for two three-day periods, January 20 through 22 and
January 27 through 29, 2016. At all other times, the bridge will
operate in accordance with 33 CFR 117.440(b).
    The Burlington Northern Santa Fe Railroad requested a modification
to the effective dates of the temporary deviation for the operation of
the drawbridge to delay the previously approved deviation to
accommodate rehabilitation work involving rest pivot

piers and the future swing span change out, an extensive but necessary
maintenance operation. The reason for the request is that poor weather
has delayed the preparatory work necessary to accomplish the
modification to the rest piers. Navigation on the waterway consists of
tugs with tows, fishing vessels and recreational crafts.
    The Coast Guard has coordinated the closure with waterway users,
industry, and other Coast Guard units and determined that this closure
will not have a significant effect on vessel traffic.
    During this deviation for bridge rehabilitation, vessels will not
be allowed to pass through the bridge during the eight-hour closures
each day as stated above. Many of the vessels that currently require an
opening of the draw will be able to pass using the opposite channel
from 3 p.m. to 7 a.m. when the deviations are not in effect. The bridge
will not be able to open for emergencies and there is no immediate
alternate route for vessels to pass. The Coast Guard will also inform
the users of the waterways through our Local and Broadcast Notices to
Mariners of the change in operating schedule for the bridge so that
vessels can arrange their transits to minimize any impact caused by the
temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: December 24, 2015.
David M. Frank,
Bridge Administrator, Eighth Coast Guard District.
[FR Doc. 2015-32871 Filed 12-29-15; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: April 25, 2008 (Volume 73, Number 81)]
[Notices]
[Page 22442]
[DOCID:fr25ap08-124]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

Maritime Advisory Committee for Occupational Safety and Health;
Notice of Meeting

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Maritime Advisory Committee for Occupational Safety and Health;
notice of meeting.

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

SUMMARY: The Maritime Advisory Committee for Occupational Safety and
Health (``MACOSH'' or ``Committee'') was established to advise the
Assistant Secretary of Labor for OSHA on issues relating to
occupational safety and health in the maritime industries. The purpose
of this Federal Register notice is to announce the MACOSH and workgroup
meetings scheduled for May 20-21, 2008.

DATES: The workgroups will meet on May 20, 2008, and MACOSH will meet
on May 21, 2008.

ADDRESSES: The Committee and workgroups will meet at the Wyndham
Jacksonville Riverwalk Hotel, 1515 Prudential Drive, Jacksonville, FL
32207. The Longshoring workgroup will meet in the Rope Room of the
hotel; the other workgroups will meet in the Tug Room of the hotel.
MACOSH will meet in the hotel's Port Room. Mail comments, views, or
statements in response to this notice to Vanessa L. Welch, Office of
Maritime, OSHA, U.S. Department of Labor, Room N-3609, 200 Constitution
Avenue, NW., Washington, DC 20210; phone<PHONE_NUMBER>; Fax: (202)
693-1663.

FOR FURTHER INFORMATION CONTACT: For general information about MACOSH
and this meeting, contact: Joseph V. Daddura, Director, Office of
Maritime, OSHA, U.S. Department of Labor, Room N-3609, 200 Constitution
Avenue, NW., Washington, DC 20210; phone:<PHONE_NUMBER>. Individuals
with disabilities wishing to attend the meeting should contact Vanessa
L. Welch at<PHONE_NUMBER> no later than May 5, 2008, to obtain
appropriate accommodations.

SUPPLEMENTARY INFORMATION: All MACOSH meetings and workgroup meetings
are open to the public. All interested persons are invited to attend
the MACOSH and workgroup meetings at the times and places listed below.
    MACOSH will meet from 8 a.m. until approximately 5 p.m. on
Wednesday, May 21, 2008, in the hotel's Port Room.
    The Shipyards workgroup will meet on Tuesday, May 20, 2008, from 8
a.m. until 10 a.m. in the Tug Room.
    The Longshoring workgroup will meet on Tuesday, May 20, 2008, from
8 a.m. until 10 a.m. in the Rope Room.
    The Cranes and Falls workgroup will meet on Tuesday, May 20, 2008,
from 10 a.m. until 12 p.m. in the Tug Room.
    The Outreach and Safety Culture workgroup will meet on Tuesday, May
20, 2008, from 1 p.m. until 3 p.m. in the Tug Room.
    The Health workgroup will meet on Tuesday, May 20, 2008, from 3
p.m. until 4 p.m. in the Tug Room.
    The meeting times for each workgroup are approximate and subject to
change without advance notice.
    MACOSH Agenda: The agenda will include: An OSHA activities update;
a review of the minutes from the previous meeting; a review of the
achievements of the committee during the last 2 years; and reports from
each workgroup. MACOSH may also discuss the following topics based on
the workgroup reports: spray paint standards and hot work on coatings;
the shipbreaking guidance document; electrical standards; the roll-on
roll-off cargo guidance document; the International Maritime
Organization's initiative on cargo-lashing safety; the flat-rack
guidance document; working over water from aerial work platforms;
working under a suspended load; the barge safety guidance document;
leading indicators; substance abuse; and radiation exposure in marine
terminals.
    Public Participation: Written data, views, or comments for
consideration by MACOSH on the various agenda items listed above should
be submitted to Vanessa L. Welch at the address listed above.
Submissions received by May 5, 2008, will be provided to Committee
members and will be included in the record of the meeting. Requests to
make oral presentations to the Committee may be granted as time
permits. Anyone wishing to make an oral presentation to the Committee
on any of the agenda items listed above should notify Vanessa L. Welch
by May 5, 2008. The request should state the amount of time desired,
the capacity in which the person will appear, and a brief outline of
the content of the presentation.

    Authority: Edwin G. Foulke, Jr., Assistant Secretary of Labor
for Occupational Safety and Health, directed the preparation of this
notice under the authority granted by sections 6(b)(1) and 7(b) of
the Occupational Safety and Health Act of 1970 (29 U.S.C. 655, 656),
the Federal Advisory Committee Act (5 U.S.C. App. 2), Secretary of
Labor's Order 5-2007 (72 FR 31159), and 29 CFR parts 1911 and 1912.

    Signed at Washington, DC, on April 22, 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E8-9045 Filed 4-24-08; 8:45 am]

BILLING CODE 4510-26-P


[Federal Register Volume 84, Number 50 (Thursday, March 14, 2019)]
[Notices]
[Page 9323]
[FR Doc No: 2019-04675]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER19-1194-000]

Canal 3 Generating LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Canal 3 Generating LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is March 27, 2019.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: March 7, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-04675 Filed 3-13-19; 8:45 am]
 BILLING CODE 6717-01-P