[Federal Register Volume 86, Number 161 (Tuesday, August 24, 2021)]
[Proposed Rules]
[Pages 47278-47280]
[FR Doc No: 2021-17850]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 391

[Docket No. FMCSA-2019-0049]
RIN 2126-AC21

Medical Review Board Task 21-1 Report: FMCSA Proposed Alternative
Vision Standard

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

ACTION: Notice of availability (NOA); request for comments.

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SUMMARY: In January 2021, FMCSA published a notice of proposed
rulemaking (NPRM) to amend its regulations to permit individuals who
cannot meet either the current distant visual acuity or field of vision
standard, or both, in one eye to be physically qualified to operate a
commercial motor vehicle (CMV) in interstate commerce. The comment
period closed on March 15, 2021. The Agency received 69 comments. In
May 2021, FMCSA requested, in part, that FMCSA's Medical Review Board
(MRB) review and analyze the comments from medical professionals and
associations and make recommendations regarding the proposed
alternative vision standard for FMCSA to consider. The Agency announces
the availability of the MRB's report and requests comments on the MRB's
recommendations. MRB Task 21-1 Report is available in Docket Number
FMCSA-2019-0049.

DATES: Comments must be received on or before September 23, 2021.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2019-0049 using any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2019-0049/document. Follow the online
instructions for submitting comments.
     Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Ground Floor, Room W12-140, Washington, DC 20590-0001, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. To be sure
someone is there to help you, please call<PHONE_NUMBER> or (202) 366-
9826 before visiting Dockets Operations.
     Fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, FMCSA,1200 New Jersey Avenue SE, Washington,
DC 20590,<PHONE_NUMBER><EMAIL_ADDRESS>If you have questions
on viewing or submitting material to the docket, call Dockets
Operations at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number for this
NOA (FMCSA-2019-0049), indicate the specific section of this document
to which your comment applies, and provide a reason for each suggestion
or recommendation. You may submit your comments and material online or
by fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2019-0049/document, click on this NOA, click ``Comment,''
and type your comment into the text box on the following screen.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.
Confidential Business Information (CBI)
    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to this NOA contain commercial or financial
information that is customarily treated as private, that you actually
treat as private, and that is relevant or responsive to this NOA, it is
important that you clearly designate the submitted comments as CBI.
Please mark each page of your submission that constitutes CBI as
``PROPIN'' to indicate it contains proprietary information. FMCSA will
treat such marked submissions as confidential under the Freedom of
Information Act, and they will not be placed in the public docket.
Submissions containing CBI should be sent to Mr. Brian Dahlin, Chief,
Regulatory Analysis Division, Office of Policy, FMCSA, 1200 New Jersey
Avenue SE, Washington DC 20590-0001. Any comments FMCSA receives not
specifically designated as CBI will be placed in the public docket.

B. Viewing Comments and Documents

    To view any documents mentioned as being available in the docket,
go to https://www.regulations.gov/docket/FMCSA-2019-0049/document and
choose the document to review. To view

comments, click this NOA, and click ``Browse Comments.'' If you do not
have access to the internet, you may view the docket online by visiting
Dockets Operations in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. To
be sure someone is there to help you, please call<PHONE_NUMBER> or
(202) 366-9826 before visiting Dockets Operations.

C. Privacy Act

    DOT solicits comments from the public to better inform its
rulemaking process, in accordance with 5 U.S.C. 553(c). DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice DOT/ALL 14--Federal Docket Management System (FDMS),
which can be reviewed at www.transportation.gov/privacy.

II. Background

    FMCSA's mission is to reduce crashes, injuries, and fatalities
involving large trucks and buses. FMCSA is authorized by statute to
establish minimum physical qualification standards for drivers of CMVs
operating in interstate commerce. To ensure the physical qualification
of CMV drivers, the Agency has established a vision standard, along
with several other physical standards. The current vision standard can
be found at 49 CFR 391.41(b)(10).
    The Federal Highway Administration, the predecessor agency to
FMCSA, adopted the current vision standard April 22, 1970 (35 FR 6458).
Under this standard, an individual is physically qualified to drive a
CMV if the individual has distant visual acuity of at least 20/40
(Snellen) in each eye without corrective lenses or visual acuity
separately corrected to 20/40 (Snellen) or better with corrective
lenses, distant binocular acuity of at least 20/40 (Snellen) in both
eyes with or without corrective lenses, field of vision of at least 70
degrees in the horizontal meridian in each eye, and the ability to
recognize the colors of traffic signals and devices showing standard
red, green, and amber (49 CFR 391.41(b)(10)). This standard has not
changed since it became effective on January 1, 1971.
    Since 1998, FMCSA has maintained an exemption program for
individuals who do not meet certain vision standards. The Agency
considers vision exemptions on a case-by-case basis upon application by
CMV drivers who do not meet either the distant visual acuity or field
of vision standard, or both, of Sec.  391.41(b)(10) in one eye. The
Agency does not grant exemptions for color blindness.
    On January 12, 2021, FMCSA published an NPRM that proposed an
alternative vision standard for individuals unable to meet either the
current distant visual acuity or field of vision standard, or both (86
FR 2344). The comment period on the NPRM closed on March 15, 2021. The
Agency received 69 comments.

III. MRB Task 21-1

    The MRB was established to provide FMCSA with medical advice and
recommendations on medical standards and guidelines for the physical
qualifications of CMV operators, medical examiner education, and
medical research (49 U.S.C. 31149(a)(1)). The MRB, in view of its
statutory creation and advisory function, is chartered by DOT as an
advisory committee under the provisions of the Federal Advisory
Committee Act (5 U.S.C. App.) See also Announcement of Establishment of
the Federal Motor Carrier Safety Administration Medical Review Board
(70 FR 57642; Oct. 3, 2005). The members of the MRB are appointed by
the Secretary to reflect expertise in a variety of medical specialties
relevant to the driver fitness requirements of FMCSA (49 U.S.C.
31149(a)(2)).
    To assist in the development of a final rule, on May 11, 2021,
FMCSA requested advice from the MRB for the Agency to consider.
Specifically, FMCSA asked the MRB to review and analyze all comments
from medical professionals and associations, make recommendations
regarding the proposed alternative vision standard, and identify
factors the Agency should consider regarding next steps in the vision
rulemaking. In addition, FMCSA requested recommendations with respect
to whether the information requested from eye specialists on the
proposed Vision Evaluation Report provides sufficient information for a
medical examiner to make a medical certification determination. The MRB
held a public meeting to discuss MRB Task 21-1 on May 19 and 20, 2021.
The Agency received the MRB's final report on July 20, 2021. Details of
the meeting, including MRB Task 21-1, the MRB Task 21-1 Report, and
supporting materials used by the MRB, are posted on the Agency's public
website at https://www.fmcsa.dot.gov/medical-review-board-mrb-meeting-topics.

IV. MRB Task 21-1 Report

    The MRB's final report is available in the docket (in addition to
being available on the Agency's public website). The MRB Task 21-1
Report contains detailed recommendations for FMCSA to consider as it
develops a final rule. The Agency believes that public comment on the
recommendations will assist it in evaluating the advice it has received
from the MRB. Comments must be limited to addressing the
recommendations in the MRB Task 21-1 Report. The MRB made the following
recommendations in its MRB Task 21-1 Report:

I. Overview

    A. With respect to the medical aspects of the proposed
alternative vision standard only, if the MRB does not make a
specific recommendation to change a provision, the MRB concurs with
the provision as proposed in the January 2021 NPRM.
    B. The MRB recommends that the Agency deemphasize that the
alternative vision standard begins with the vision evaluation
because the individual may be examined first by the medical
examiner.

II. Recommendations for the Regulatory Standards

    A. The MRB recommends that the current field of vision
requirement be changed from 70 degrees to 120 degrees for the
alternative vision standard for monocular vision drivers.
    B. The MRB agrees that the requirement for sufficient time to
adapt to and compensate for the vision deficiency should not be
changed in the proposed alternative vision standard. The MRB notes
it does not have sufficient data to establish a specific waiting
period for an individual who has a new vision deficiency.

III. Recommendations for the Vision Evaluation Report

    A. The MRB recommends that the physical qualification standards
for the alternative vision standard, as set forth in the paragraph
below from Task 21-1 but modified to reflect a field of vision of at
least 120 degrees, be added to page 1 in the instructions after
FMCSA's definition of monocular vision:
    The proposal would provide that, to be physically qualified
under the alternative vision standard, the individual must: (1) Have
in the better eye distant visual acuity of at least 20/40 (Snellen),
with or without corrective lenses, and field of vision of at least
120 degrees in the horizontal meridian; (2) be able to recognize the
colors of traffic signals and devices showing standard red, green,
and amber; (3) have a stable vision deficiency; and (4) have had
sufficient time to adapt to and compensate for the vision
deficiency.
    B. The MRB recommends that the Agency expand the medical opinion
in question 12 to require that the individual can drive a CMV safely
with the vision condition. The MRB notes that the medical opinion
provided by the ophthalmologist or

optometrist regarding whether the individual has adapted to and
compensated for the change in vision sufficiently encompasses depth
perception. The MRB notes further that question 12 sufficiently
implies that time is needed to adapt and compensate for the change
in vision but appropriately relies on the ophthalmologist or
optometrist conducting the vision evaluation to determine the
appropriate period of time on a case-by-case basis.
    C. The MRB recommends that the requests for information about
stability in questions 11 and 13 both be retained. The questions
solicit different information.
    D. The MRB recommends that the Agency change the order of the
requested information to be questions 1 through 9, 10, 12, 13, and
then 11.
    E. The MRB recommends that the vision evaluation report not
request information relating to severe non-proliferative diabetic
retinopathy and proliferative diabetic retinopathy because they are
evaluated separately under the standard for insulin-treated diabetes
mellitus.

    The Vision Evaluation Report, Form MCSA-5871, with the MRB's
recommended edits is an attachment to the MRB Task 21-1 Report, which
can be found in the docket (in addition to being available on the
Agency's public website).

V. Comments Requested

    Comments are requested on any and all of the recommendations
provided in the MRB Task 21-1 Report but only on those recommendations.
To the extent possible, comments should include supporting materials,
such as data analyses, studies, reports, or journal articles. FMCSA
will consider these comments, in addition to the comments submitted in
response to the NPRM, in determining how to proceed in the vision
rulemaking.

    Issued under authority delegated in 49 CFR 1.87.
Meera Joshi,
Deputy Administrator.
[FR Doc. 2021-17850 Filed 8-23-21; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 80, Number 20 (Friday, January 30, 2015)]
[Notices]
[Pages 5109-5110]
[FR Doc No: 2015-01802]

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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9019-3]

Environmental Impact Statements; Notice of Availability

AGENCY: Office of Federal Activities, General Information (202) 564-
7146 or http://www.epa.gov/compliance/nepa/.

Weekly receipt of Environmental Impact Statements Filed 01/19/2015
Through 01/23/2015 Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: http://www.epa.gov/compliance/nepa/eisdata.html.

EIS No. 20150019, Draft EIS, USACE, NC, Town of Ocean Isle Beach
Shoreline Management Project, Comment Period Ends: 03/09/2015, Contact:
Tyler Crumbley<PHONE_NUMBER>
EIS No. 20150020, Draft EIS, NOAA, 00, PROGRAMMATIC--Habitat
Restoration Activities Implemented throughout the Coastal United
States, Comment Period Ends: 03/20/2015, Contact: Frederick Sutter 301-
427-8600
EIS No. 20150021, Final EIS, NMFS, 00, Recreational Red Snapper Sector
Separation, Amendment 40 to the Fishery Management Plan for the Reef
Fish Resources of the Gulf of Mexico, Review Period Ends: 03/02/2015,
Contact: Roy Crabtree<PHONE_NUMBER>
EIS No. 20150022, Draft Supplement, BOEM, 00, Gulf of Mexico Outer
Continental Shelf (OCS) Oil and Gas Lease Sales 2016 and 2017, Central
Planning Area Lease Sales 241 and 247; Eastern Planning Area Lease
Sales 226, Comment Period Ends: 03/16/2015, Contact: Gary Goeke 504-
736-3233
EIS No. 20150023, Final Supplement, USN, 00, Surveillance Towed Array
Sensor System Low Frequency Active (SURTASS LFA) Sonar Systems, Review
Period Ends: 03/02/2015, Contact: Cynthia Morgan<PHONE_NUMBER> EIS No.
20150024, Final EIS, FHWA, ME, I-395/Route 9 Transportation System,
Review Period Ends: 03/02/2015, Contact: Mark Hasselmann<PHONE_NUMBER>
EIS No. 20150025, Final EIS, FERC, 00, Algonquin Incremental Market
Project, Review Period Ends: 03/02/2015, Contact: Maggie Suter 202-502-
6463
EIS No. 20150026, Final Supplement, USFS, WY, Long Term Special Use
Authorization for Wyoming Game and Fish Commission to Use National
Forest System Lands for their Winter Elk Management Activities at
Alkali Creek Feedground, Review Period Ends: 03/16/2015, Contact: Pam
Bode<PHONE_NUMBER>

Amended Notices

EIS No. 20140354, Draft EIS, USACE, FL, South Central Palm Beach Island
Comprehensive Shoreline Stabilization Project, Comment Period Ends: 02/
25/2015, Contact: Garett Lips<PHONE_NUMBER>
Revision to FR Notice Published 12/12/2014; Extending Comment Period
from 01/26/2015 to 2/25/2015

    Dated: January 27, 2015.
Cliff Rader,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2015-01802 Filed 1-29-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 182 (Thursday, September 19, 2019)]
[Notices]
[Pages 49375-49376]
[FR Doc No: 2019-20203]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2019-59]

Petition for Exemption; Summary of Petition Received; The Boeing
Company

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, the FAA's exemption process. Neither publication of
this notice nor the inclusion or omission of information in the summary
is intended to affect the legal status of the petition or its final
disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before October 9, 2019.

ADDRESSES: Send comments identified by docket number FAA-2019-0730
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in

Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Deana Stedman, AIR-673, Federal
Aviation Administration, 2200 South 216th Street, Des Moines, WA 98198,
phone and fax<PHONE_NUMBER>, email<EMAIL_ADDRESS>or Alphonso
Pendergrass, ARM-200, Office of Rulemaking, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591, phone
202-267-4713, email<EMAIL_ADDRESS>    This notice is published pursuant to 14 CFR 11.85.

    Issued in Des Moines, Washington, on September 13, 2019.
Victor Wicklund,
Manager, Transport Standards Branch.

Petition for Exemption

    Docket No.: FAA-2019-0730
    Petitioner: The Boeing Company
    Section(s) of 14 CFR Affected: Sec. Sec.  25.785(h)(2), 25.785(j),
25.791(a), 25.795, 25.807(f)(4), 25.813(e), 25.815, 25.853(d),
25.853(e), 25.1450(b)(3)
    Special Conditions Affected: 25-368-SC, 25-430-SC
    Description of Relief Sought: The Boeing Company is seeking relief
from the listed airplane design requirements in order to support a
supplemental type certificate (STC) application for the Model 747-8
airplane. The proposed STC is for the installation of an executive-
style interior with multiple rooms.

[FR Doc. 2019-20203 Filed 9-18-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 99 (Tuesday, May 22, 2018)]
[Proposed Rules]
[Pages 23617-23619]
[FR Doc No: 2018-10931]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0203]
RIN 1625-AA00

Safety Zone; Marshwalk Group Independence Day Fireworks, Murrells
Inlet, SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
for certain waters of Murrells Inlet, SC. This action is necessary to
provide for the safety of the general public, spectators, vessels, and
the marine environment from potential hazards during a fireworks
display. This proposed rulemaking would prohibit persons and vessels
from entering, transiting through, anchoring in, or remaining within
the safety zone unless authorized by the Captain of the Port Charleston
(COTP) or a designated representative. We invite your comments on this
proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before June 21, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0145 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Justin Heck, Sector
Charleston Office of Waterways Management, Coast Guard; telephone (843)
740-3184, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background, Purpose, and Legal Basis

    On March 3, 2018, the Marsh Walk Group notified the Coast Guard
that it would be conducting a fireworks display from 9 p.m. to 10 p.m.
on July 4, 2018. The fireworks are to be launched from the end of the
Veterans Fishing Pier in Murrells Inlet, SC. Hazards from firework
displays include accidental discharge of fireworks, dangerous
projectiles, and falling hot embers or other debris. The Captain of the
Port Charleston (COTP) has determined that potential hazards associated
with the fireworks to be used in this display would be a safety concern
for anyone within a 500-yard radius of the pier.
    The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a 500-yard radius of the pier before,
during, and after the scheduled event. The Coast Guard proposes this
rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 8:45 p.m. to
10:15 p.m. on July 4, 2018. The safety zone would cover all navigable
waters within 500-yards of the Veterans Fishing Pier located at
Murrells Inlet, SC. The duration of the zone is intended to ensure the
safety of life on these navigable waters before, during, and after the
scheduled 9 p.m. to 10 p.m. fireworks display. No person or vessel
would be permitted to enter, transit through, anchor in, or remain
within the safety zone without obtaining permission from the COTP or a
designated representative. The Coast Guard would provide notice of the
safety zone by local notice to mariners, broadcast notice to mariners,
and on-scene designated representatives. The regulatory text we are
proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive Orders and
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM

has not been reviewed by the Office of Management and Budget (OMB), and
pursuant to OMB guidance it is exempt from the requirements of
Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. The safety zone
will only be enforced for a total of an hour and a half, and although
persons and vessels may not enter, transit through, anchor in, or
remain within the safety zone without authorization from the COTP or a
designated representative, vessel traffic would be able to safely
operate in the surrounding area during the enforcement period and the
rule would allow vessels to seek permission to enter the zone.
Moreover, the Coast Guard would provide advance notification of the
safety zone to the local maritime community by local notice to mariners
and broadcast notice to mariners via VHF-FM marine channel 16.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    We have considered the impact of this proposed rule on small
entities. This rule may affect the following entities, some of which
may be small entities: The owner or operators of vessels intending to
enter, transit through, anchor in, or remain within the regulated area
during the enforcement period. For the reasons stated in section IV.A.
above, this proposed rule would not have a significant economic impact
on a substantial number of small entities.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect 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. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a safety
zone lasting an hour and a half that would prohibit entry within 500-
yards of a pier from which fireworks are being launched. Normally such
actions are categorically excluded from further review under paragraph
L 60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 01. A preliminary Record of Environmental Consideration supporting
this determination is available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted

without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add a temporary Sec.  165.T07-0203 to read as follows:

Sec.  165.T07-0203   Safety Zone; Marshwalk Group Independence Day
Fireworks, Murrells Inlet, SC.

    (a) Location. The following is a safety zone: Certain waters of the
Atlantic Ocean at Murrells Inlet, South Carolina within a 500-yard
radius of Veterans Fishing Pier.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Charleston in the enforcement of the regulated
areas.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port Charleston
or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Charleston by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated area is granted by the Captain of the Port Charleston or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Charleston or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by
local notice to mariners, broadcast notice to mariners, and on-scene
designated representatives.
    (d) Enforcement Period. This rule will be enforced on July 4, 2018
from 8:45 p.m. until 10.15 p.m.

    Dated: May 16, 2018.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the Port, Charleston.
[FR Doc. 2018-10931 Filed 5-21-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 175 (Tuesday, September 14, 2021)]
[Notices]
[Page 51140]
[FR Doc No: 2021-19736]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL21-94-000]

ISO New England Inc.; Notice of Institution of Section 206
Proceeding and Refund Effective Date

    On September 7, 2021, the Commission issued an order in Docket No.
EL21-94-000, pursuant to section 206 of the Federal Power Act (FPA), 16
U.S.C. 824e, instituting an investigation into whether certain
provisions of ISO New England Inc.'s Transmission, Markets and Services
Tariff is unjust and unreasonable, or otherwise unlawful. ISO New
England Inc., 176 FERC ] 61,148 (2021).
    The refund effective date in Docket No. EL21-94-000, established
pursuant to section 206(b) of the FPA, will be the date of publication
of this notice in the Federal Register.
    Any interested person desiring to be heard in Docket No. EL21-94-
000 must file a notice of intervention or motion to intervene, as
appropriate, with the Federal Energy Regulatory Commission, in
accordance with Rule 214 of the Commission's Rules of Practice and
Procedure, 18 CFR 385.214 (2020), within 21 days of the date of
issuance of the order.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFile'' link at
http://www.ferc.gov. In lieu of electronic filing, you may submit a
paper copy. Submissions sent via the U.S. Postal Service must be
addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852.

    Dated: September 8, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-19736 Filed 9-13-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: December 26, 2007 (Volume 72, Number 246)]
[Notices]
[Page 73016-73018]
[DOCID:fr26de07-56]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

December 14, 2007.
    Take notice that the Commission received the following electric
corporate filings:
    Docket Numbers: EC08-15-000.
    Applicants: Calpine Corporation, Harbinger Capital Partners Master
Fund I, Harbinger Capital Partners Special Situations Fund, L.P.; SPO
Partners II, L.P.; San Francisco Partners II, L.P.
    Description: Calpine Corporation et al. submit amendment to their
joint application submitted on 11/16/07.
    Filed Date: 12/11/2007.
    Accession Number: 20071212-0136.
    Comment Date: 5 p.m. Eastern Time on Friday, December 21, 2007.

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER98-1643-011.
    Applicants: Portland General Electric Company.
    Description: Portland General Electric Co submits an amendment to
its 10/31/07 filing of Notice of Change in Status pursuant to FERC's
Order issued 2/10/05.
    Filed Date: 12/07/2007.
    Accession Number: 20071211-0106.
    Comment Date: 5 p.m. Eastern Time on Friday, December 28, 2007.

    Docket Numbers: ER99-1435-016.
    Applicants: Avista Corporation.
    Description: Avista Corp submits a clean version and a blackline
version of Substitute Original Sheet 1-21 of their FERC Electric
Tariff, Seventh Revised Volume 9.
    Filed Date: 12/07/2007.
    Accession Number: 20071211-0048.
    Comment Date: 5 p.m. Eastern Time on Friday, December 28, 2007.

    Docket Numbers: ER02-2330-049.
    Applicants: New England Power Pool.
    Description: ISO New England, Inc submits a motion to discontinue
the SMD Quarterly Status Reports.
    Filed Date: 12/10/2007.
    Accession Number: 20071212-0035.
    Comment Date: 5 p.m. Eastern Time on Monday, December 31, 2007.

    Docket Numbers: ER03-1413-005.
    Applicants: Sempra Energy Trading Corp.
    Description: Sempra Energy Trading Corp's response to a request for
additional information issued by FERC.
    Filed Date: 12/07/2007.
    Accession Number: 20071211-0105.
    Comment Date: 5 p.m. Eastern Time on Friday, December 28, 2007.

    Docket Numbers: ER04-691-089.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest ISO submits proposed revisions to FERC
Electric Tariff, Third Revised Volume No. 1.
    Filed Date: 12/05/2007.
    Accession Number: 20071207-0097.
    Comment Date: 5 p.m. Eastern Time on Wednesday, December 26, 2007.

    Docket Numbers: ER06-864-008; ER00-2885-016; ER01-2765-015; ER02-
2102-015; ER03-1283-010. Applicants: Bear Energy LP; Cedar Brakes I
LLC; Cedar Brakes II, LLC; Utility Contract Funding LLC.; Vineland
Energy LLC.
    Description: Bear Energy LP et al. submits a notice of non-material
change in status.
    Filed Date: 12/10/2007.
    Accession Number: 20071212-0058.
    Comment Date: 5 p.m. Eastern Time on Monday, December 31, 2007.

    Docket Numbers: ER07-1388-001.
    Applicants: Midwest Independent Transmission System.
    Description: Midwest ISO submits the proposed revisions in
compliance with FERC's 11/9/07 Order.
    Filed Date: 12/10/2007.
    Accession Number: 20071212-0034.
    Comment Date: 5 p.m. Eastern Time on Monday, December 31, 2007.

    Docket Numbers: ER07-1417-001.
    Applicants: Midwest Independent Transmission System.
    Description: Midwest ISO et al. submits proposed revisions to the
Congestion Management Process of their Joint Operating Agreement.
    Filed Date: 12/07/2007.
    Accession Number: 20071210-0035.
    Comment Date: 5 p.m. Eastern Time on Friday, December 28, 2007.

    Docket Numbers: ER07-720-003.
    Applicants: New York Independent System Operator, Inc.
    Description: New York ISO submits a supplemental compliance filing
in response to FERC's 6/5/07 Letter Order.
    Filed Date: 12/07/2007.
    Accession Number: 20071211-0047.
    Comment Date: 5 p.m. Eastern Time on Friday, December 28, 2007.

    Docket Numbers: ER08-320-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: The Midwest ISO submits an unexecuted Facilities
Construction Agreement with Summit Wind, LLC.
    Filed Date: 12/10/2007.
    Accession Number: 20071212-0033.
    Comment Date: 5 p.m. Eastern Time on Monday, December 31, 2007.

    Docket Numbers: ER08-321-000.
    Applicants: New York Independent System Operator, Inc.
    Description: New York ISO Attachment III to the Report of Tariff
Implementation Issues and request for Limited Tariff Waivers.
    Filed Date: 12/10/2007.
    Accession Number: 20071212-0039.
    Comment Date: 5 p.m. Eastern Time on Monday, December 31, 2007.

    Docket Numbers: ER08-322-000.
    Applicants: Westar Energy, Inc.
    Description: Westar Energy, Inc submits a Notice of Cancellation of
an Electric Power Supply Agreement with the City of Vermillion, Kansas.
    Filed Date: 12/11/2007.
    Accession Number: 20071212-0032.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 2, 2008.

    Docket Numbers: ER08-323-000.
    Applicants: Synergy Power Marketing Inc.
    Description: Synergy Power Marketing Inc submits FERC Electric
Tariff, Original Volume No. 1.

    Filed Date: 12/11/2007.
    Accession Number: 20071212-0031.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 2, 2008.

    Docket Numbers: ER08-324-000.
    Applicants: PPL Electric Utilities Corporation.
    Description: PPL Electric Utilities Corp on behalf of Metropolitan
Edison Co submits a revised Interconnection Agreement with Metropolitan
Edison Co.
    Filed Date: 12/11/2007.
    Accession Number: 20071213-0007.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 2, 2008.

    Docket Numbers: ER08-325-000.
    Applicants: Patriot Partnership, LLC.
    Description: Patriot Partnership, LLC submits their FERC Electric
Rate Schedule.
    Filed Date: 12/12/2007.
    Accession Number: 20071213-0005.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 2, 2008.

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

    Docket Numbers: ES08-9-000.
    Applicants: Bicent (California) Malburg LLC.
    Description: Bicent (California) Malburg LLC submits an application
for approval under section 204 of the Federal Power Act and request for
expedited consideration.
    Filed Date: 12/07/2007.
    Accession Number: 20071211-0054.
    Comment Date: 5 p.m. Eastern Time on Friday, December 28, 2007.

    Docket Numbers: ES08-12-000.
    Applicants: Consolidated Edison Co. of New York, Inc.
    Description: Request of Consolidated Edison Company of New York,
Inc. for Authorization to Acquire Short-Term Debt.
    Filed Date: 12/12/2007.
    Accession Number: 20071212-5094.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 2, 2008.

    Docket Numbers: ES08-13-000.
    Applicants: Orange and Rockland Utilities, Inc.
    Description: Request of Orange and Rockland Utilities, Inc. for
Authorization to Issue Short-Term Debt.
    Filed Date: 12/12/2007.
    Accession Number: 20071212-5097.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 2, 2008.

    Take notice that the Commission received the following open access
transmission tariff filings:

    Docket Numbers: OA08-14-001.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest ISO submits proposed revisions to its Open
Access Transmission and Energy Markets Tariff related to the
concurrently-filed transmission planning principles etc.
    Filed Date: 12/07/2007.
    Accession Number: 20071213-0039.
    Comment Date: 5 p.m. Eastern Time on Friday, December 28, 2007.

    Docket Numbers: OA08-42-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest ISO et al. submits proposed revisions to
Attachment FF-ATCLLC of their Open Access Transmission and Energy
Markets Tariff.
    Filed Date: 12/07/2007.
    Accession Number: 20071211-0052.
    Comment Date: 5 p.m. Eastern Time on Friday, December 28, 2007.

    Docket Numbers: OA08-46-001.
    Applicants: South Carolina Electric & Gas Company.
    Description: Revised Attachment K to Order No. 890 OATT of South
Carolina Electric & Gas Company.
    Filed Date: 12/12/2007.
    Accession Number: 20071212-5106.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 2, 2008.

    Docket Numbers: OA08-49-000.
    Applicants: NewCorp Resources Electric Cooperative, Inc.
    Description: NewCorp Resources Electric Cooperative, Inc. submits a
request for waiver of the requirement to develop and include as
Attachment K to its OATT revised provisions etc.
    Filed Date: 12/07/2007.
    Accession Number: 20071211-0051.
    Comment Date: 5 p.m. Eastern Time on Friday, December 28, 2007.

    Docket Numbers: OA08-50-000; OA08-51-000.
    Applicants: Duke Energy Carolinas, LLC; Progress Energy Carolinas,
Inc.
    Description: Duke Energy Carolinas, LLC et al. submit a joint
compliance filing re Attachment K.
    Filed Date: 12/07/2007.
    Accession Number: 20071211-0053.
    Comment Date: 5 p.m. Eastern Time on Friday, December 28, 2007.

    Docket Numbers: OA08-52-000.
    Applicants: New York Independent System Operator, Inc.
    Description: NYISO submits revision to Attach. Y of its OATT in
compliance with Order No. 890.
    Filed Date: 12/07/2007.
    Accession Number: 20071207-5111.
    Comment Date: 5 p.m. Eastern Time on Friday, December 28, 2007.

    Docket Numbers: OA08-53-000.
    Applicants: Midwest Independent Transmission System.
    Description: Midwest ISO submits proposed revisions to the Open
Access Transmission and Energy Markets Tariff to comply with the
transmission planning principles etc.
    Filed Date: 12/07/2007.
    Accession Number: 20071213-0038.
    Comment Date: 5 p.m. Eastern Time on Friday, December 28, 2007.

    Docket Numbers: OA08-58-000.
    Applicants: ISO New England, Inc.
    Description: ISO New England, Inc. et al. submits the proposed
revisions to Section II of the ISO Tariff in compliance with Order 890.
    Filed Date: 12/07/2007.
    Accession Number: 20071210-0040.
    Comment Date: 5 p.m. Eastern Time on Friday, December 28, 2007.

    Docket Numbers: OA07-88-001.
    Applicants: Florida Power Corporation, Carolina Power & Light
Company.
    Description: Carolina Power & Light Co and Florida Power Corp
submit an errata to correct its 9/11/07 filing in compliance with Order
890.
    Filed Date: 12/10/2007.
    Accession Number: 20071212-0036.
    Comment Date: 5 p.m. Eastern Time on Monday, December 31, 2007.

    Take notice that the Commission received the following public
utility holding company filings:

    Docket Numbers: PH08-10-000.
    Applicants: LGB Cap Rock LLC.
    Description: FERC Form 65 A--Exemption Notification and Notice of
Material Change in Facts of LGB Cap Rock.
    Filed Date: 12/10/2007.
    Accession Number: 20071210-5105.
    Comment Date: 5 p.m. Eastern Time on Monday, December 31, 2007.

    Any person desiring to intervene or to protest in any of the above
proceedings 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) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    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
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also 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 dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Director.
 [FR Doc. E7-24887 Filed 12-21-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)]
[Rules and Regulations]
[Pages 60707-60709]
[FR Doc No: 2013-24128]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

 [EPA-HQ-OPP-2011-0307; FRL-9396-6]

Glyphosate; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation amends the established tolerance for residues
of the herbicide glyphosate in or on canola, seed at 20 parts per
million (ppm) by changing the tolerance expression from the combined
residues of glyphosate only, to the combined residues of glyphosate and
N-acetyl-glyphosate (expressed as glyphosate equivalents). E.I. du Pont
de Nemours and Company requested this change under the Federal Food,
Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective October 2, 2013. Objections and
requests for hearings must be received on or before December 2, 2013,
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-2011-0307, 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: Lois Rossi, Registration Division
(7505P), 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 EPA's
tolerance regulations at 40 CFR part 180 through the Government
Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/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-2011-0307 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
December 2, 2013. 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-2011-0307, 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. Summary of Petitioned-For Tolerance

    In the Federal Register of April 20, 2011 (76 FR 22067) (FRL-8869-
7), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
1F7840) by E.I. du Pont de Nemours and Company, 1007 Market Street,
Wilmington, DE 19898. The petition requested that 40 CFR 180.364 be
amended by changing the tolerance expression for residues of the
herbicide glyphosate in or on canola, seed at 20 ppm from the combined
residues of glyphosate only to the combined residues of glyphosate and
N-acetyl-glyphosate (expressed as glyphosate equivalents) to account
for application of glyphosate to the genetically modified ``Optimum
GLY'' canola. That document referenced a summary of the petition
prepared by E.I. du Pont de Nemours and Company, the registrant, which
is available in the docket, http://www.regulations.gov. There were no
comments received in response to the notice of filing.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue . .
. .''
    Consistent with FFDCA section 408(b)(2)(D), and the factors
specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for glyphosate including exposure
resulting from the tolerances established by this action. EPA's
assessment of exposures and risks associated with glyphosate follows.
    In the Federal Register of May 1, 2013 (78 FR 25396) (FRL-9384-3),
EPA issued a final rule establishing a tolerance for residues of
glyphosate in or on several commodities. No new toxicological data was
submitted since EPA established this regulation. The current regulation
does not alter exposure levels to glyphosate and thus does not require
a change in tolerance levels for canola seed. The transfer of the
tolerance for canola seed from 40 CFR 180.364(a)(1) to 180.364(a)(2)
does not change the estimated aggregate risks resulting from the use of
glyphosate, as discussed in the preamble to the May 1, 2013 final rule.
Refer to the Federal Register document, available at http://www.regulations.gov, for a detailed discussion of the aggregate risk
assessment and determination of safety.
    Therefore, based on the risk assessment discussed in the preamble
to the final rule published in the Federal Register of May 1, 2013 (78
FR 25396), EPA concludes that there is a reasonable certainty that no
harm will result to the general population, or to infants and children
from aggregate exposure to glyphosate residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology (DuPont liquid chromatography/mass
spectrometry/mass spectrometry Method 15444) is available to enforce
the tolerance expression. The method may be requested from: Chief,
Analytical Chemistry Branch, Environmental Science Center, 701 Mapes
Rd., Ft. Meade, MD 20755-5350; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
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 established a MRL for glyphosate in or on canola at
20 ppm for residues of glyphosate only. The U.S. tolerance is
established on canola at 20 ppm for the combined residues of glyphosate
and N-acetyl-glyphosate to account for application of glyphosate to
genetically modified ``Optimum GLY'' canola, which metabolizes
glyphosate differently than any previous canola varieties. Therefore,
the Codex MRL and the U.S. tolerance cannot be harmonized.

V. Conclusion

    Therefore, this regulation amends the established tolerance for
residues of the herbicide glyphosate in or on canola, seed at 20 ppm by
redesignating it from 40 CFR 180.364(a)(1), where compliance with the
tolerance expression is determined by measuring the combined residues
of glyphosate only, to 40 CFR 180.364(a)(2), where compliance with the
tolerance is determined by measuring the combined residues of
glyphosate and N-acetyl-glyphosate (expressed as glyphosate
equivalents).

VI. 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 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).

VII. 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: September 26, 2013.
Lois Rossi,
Director, Registration 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. In Sec.  180.364, remove the entry for ``Canola, seed'' from the
table in paragraph (a)(1) and add alphabetically ``Canola, seed'' to
the table in paragraph (a)(2) to read as follows:

Sec.  180.364  Glyphosate; tolerances for residues.

    (a) * * *
    (2) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Canola, seed............................................              20

                                * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2013-24128 Filed 10-1-13; 8:45 am]
BILLING CODE 6560-50-P