[Federal Register Volume 85, Number 29 (Wednesday, February 12, 2020)]
[Notices]
[Pages 7988-7989]
[FR Doc No: 2020-02808]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1417-274]

Central Nebraska Public Power and Irrigation District; Notice of
Application Accepted for Filing, Soliciting Comments, Motions To
Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Request for a temporary variance from
release restriction requirements.
    b. Project No.: 1417-274.
    c. Date Filed: January 21, 2020.
    d. Applicant: Central Nebraska Public Power and Irrigation District
(Central).
    e. Name of Project: Kingsley Dam Project
    f. Location: The project is located on the North Platte and Platte
Rivers in Garden, Keith, Lincoln, Dawson, and Gosper Counties in south-
central Nebraska.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. Michael A. Drain, P.E., Central, P.O. BOX
740, 415 Lincoln Street, Holdrege, NE 68949-0740,<PHONE_NUMBER>.
    i. FERC Contact: Zeena Aljibury,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: February 21, 2020.
    The Commission strongly encourages electronic filing. Please file
motions to intervene, protests, comments, or recommendations using the
Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. The first page of any filing should include
docket number P-1417-274. Comments emailed to Commission staff are not
considered part of the Commission record.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person on the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Description of Request: Central requests Commission approval for
a temporary modification of the current restrictions of releases at or
above flood stage (as defined by the National Weather Service) from the
Environmental Account (an account of storage water in Lake McConaughy
to be released for environmental purposes) at North Platte. The request
would only apply to release restrictions at North Platte site from
March 1 through September 30, 2020 in order to test the channel
capacity improvements. The Platte Recovery Implementation Program
(Platte Program) estimates that the channel can pass flows at or near a
stage of 6.6 feet without causing

flooding. The current NWS designated flood stage for the North Platte
River at North Platte is 6.0 feet. Central has consulted and received
concurrence for this temporary variance from the Platte Program, the
U.S. Fish and Wildlife Service, and the Nebraska Public Power District.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE, Room 2A, Washington, DC
20426, or by calling<PHONE_NUMBER>. This filing may also be viewed on
the Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number excluding the last three digits
in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208- 3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above. Agencies may obtain copies of the application directly from
the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Motions to Intervene, or Protests: Anyone may submit
comments, a motion to intervene, or a protest in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, motions to
intervene, or protests must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title ``COMMENTS'', ``MOTION TO
INTERVENE'', or ``PROTEST'' as applicable; (2) set forth in the heading
the name of the applicant and the project number(s) of the application
to which the filing responds; (3) furnish the name, address, and
telephone number of the person intervening or protesting; and (4)
otherwise comply with the requirements of 18 CFR 385.2001 through
385.2005. All comments, motions to intervene, or protests must set
forth their evidentiary basis. A copy of all other filings in reference
to this application must be accompanied by proof of service on all
persons listed in the service list prepared by the Commission in this
proceeding, in accordance with 385.2010.

    Dated: February 6, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-02808 Filed 2-11-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 107 (Wednesday, June 4, 2014)]
[Notices]
[Pages 32281-32282]
[FR Doc No: 2014-12965]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2007-0069; FRL-9911-47-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; The SunWise Program (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), ``The SunWise Program (Renewal)''
(EPA ICR No. 1904.08, OMB Control No. 2060-0439) to the Office of
Management and Budget (OMB) for review and approval in accordance with
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This is a
proposed extension of the ICR, which is currently approved through June
30, 2014. Public comments were previously requested

via the Federal Register on December 31, 2013 during a 60-day comment
period. This notice allows for an additional 30 days for public
comments. A fuller description of the ICR is given below, including its
estimated burden and cost to the public. An agency may not conduct or
sponsor and a person is not required to respond to a collection of
information unless it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before July 7, 2014.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OAR-2007-0069 to (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email
to<EMAIL_ADDRESS>Address comments to OMB Desk Officer
for EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Robert Burchard, Stratospheric
Protection Division, Office of Atmospheric Programs (6205J),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 343-2338; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: The SunWise Program is a school and community-based sun
safety education program for children grades K-8. The Program's
objective is to reduce the incidence of, and morbidity and mortality
from skin cancer, cataracts, and other UV-related health effects in the
United States.
    Respondents/affected entities: Elementary and middle school
students and educators, recreation workers, and health educators.
    Respondent's obligation to respond: Voluntary.
    Estimated number of respondents: 8,980.
    Frequency of response: Annual.
    Total estimated burden: 1,632 hours per year. Burden is defined at
5 CFR 1320.03(b).
    Total estimated cost: $107,172.45 per year, includes no annualized
capital or operation & maintenance costs.
    Changes in the Estimates: There is a small change in the total
estimated respondent burden compared with the ICR currently approved by
OMB due to adjustments.

    Dated: May 27, 2014.
Erin Collard,
Acting Director, Collection Strategies Division.
[FR Doc. 2014-12965 Filed 6-3-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 209 (Tuesday, October 29, 2013)]
[Notices]
[Pages 64494-64495]
[FR Doc No: 2013-25442]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt

of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication, and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e) (1) (v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped chronologically, in ascending order. These filings are
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at 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. For
assistance, please contact FERC, Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

------------------------------------------------------------------------
                                                        Presenter or
          Docket No.                Filed date           requester
------------------------------------------------------------------------
Exempt:
    1. CP12-509-000...........  09-17-13           Hon. John Cornyn.
    2. CP13-14-000............  09-19-13           Asm. Clifford W.
                                                    Crouch.\1\
    3. CP13-492-000...........  09-23-13           Gov. John A.
                                                    Kitzhaber.
    4. AD13-7-000.............  09-24-13           Committee on Energy &
                                                    Commerce.
    5. ER13-2140-000..........  09-25-13           Hon. Robert P. Casey,
                                                    Jr.
    6. ER13-897-000, et al....  10-03-13           Kentucky Public
                                                    Service Commission.
    7. CP13-483-000; CP13-492-  10-07-13           FERC Staff.\2\
     000.
    8. ER13-2140-000..........  10-07-13           Hon. Robert P. Casey,
                                                    Jr.
    9. CP13-483-000; CP13-492-  10-11-13           FERC Staff.\3\
     000.
------------------------------------------------------------------------
\1\ Letters submitted individually to the Chairman, to each
  Commissioner, and to the Secretary.
\2\ Telephone record.
\3\ Telephone record.

    Dated: October 21, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-25442 Filed 10-28-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 245 (Friday, December 21, 2018)]
[Notices]
[Pages 65649-65650]
[FR Doc No: 2018-27650]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2839-015]

Notice of Application Accepted for Filing, Soliciting Motions To
Intervene and Protests, Ready for Environmental Analysis, and
Soliciting Comments, Recommendations, Terms and Conditions, and
Prescriptions, Village of Lyndonville Electric Department

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 2839-015.
    c. Date filed: May 26, 2017.
    d. Applicant: Village of Lyndonville Electric Department
(Lyndonville).
    e. Name of Project: Great Falls Hydroelectric Project.
    f. Location: On the Passumpsic River, in the Town of Lyndon,
Caledonia County, Vermont. There are no federal or tribal lands within
the project boundary.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Bill Humphrey, Village of Lyndonville
Electric Department, 119 Park Avenue, Lyndonville, VT 05851; (802) 626-
3366.
    i. FERC Contact: Bill Connelly,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. Deadline for filing motions to intervene and protests, comments,
recommendations, terms and conditions, and prescriptions: 60 days from
the issuance date of this notice; reply comments are due 105 days from
the issuance date of this notice.
    The Commission strongly encourages electronic filing. Please file
motions to intervene and protests, comments, recommendations, terms and
conditions, and prescriptions using the Commission's eFiling system at
http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the
end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper
copy to: Secretary, Federal Energy Regulatory Commission, 888 First
Street NE, Washington, DC 20426. The first page of any filing should
include docket number P-2839-015.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. This application has been accepted for filing and is now ready
for environmental analysis.
    l. The existing Great Falls Project consists of: (1) A 160-foot-
long, 32-foot-high curved, concrete dam with 2-foot-high flashboards;
(2) an approximately 12-acre impoundment having a storage capacity of
135-acre-feet at a normal full pond water surface elevation of 668.38
feet above mean sea level; (3) a 6-foot-long, 15-foot-wide, 28-foot-
high, concrete headworks structure with two 5-foot-wide, 8-foot-high
wood and iron headgates; (4) an 8-foot-long, 8-foot-wide, 12-foot-high
brick headworks gate house; (5) an approximately 282-foot-long, 22-
foot-wide power canal that is covered for 70 feet; (6) one 4-foot-wide,
4-foot-high, wood and iron skimming sluice gate and one 4-foot-wide, 5-
foot-high, wood and iron sand sluice gate; (7) a penstock intake with
two 15-foot-wide, 22-foot-high trashracks with 1.5-inch clear bar
spacing; (8) a 22.5-foot-long, 10-foot-diameter metal penstock that
reduces to a 165-foot-long, 7.33-foot-diameter metal penstock that
trifurcates to one 22-foot-long, 6-foot diameter, and two 9-foot-long,
3-foot-diameter penstocks; (9) a 47-foot-long, 25-foot-wide powerhouse
containing a 1,350-kilowatt (kW) turbine-generator unit and a 40-foot-
long, 40-foot-wide concrete powerhouse containing two 350-kW turbine-
generator units, for a total capacity of 2,050-kW; (10) a 380-foot-
long, 2.4-kilovolt (kV) above-ground transmission line that connects
the turbine-generator leads to a substation step-up transformer where
the project is interconnected with Lyndonville's distribution system;
and (11) appurtenant facilities. Lyndonville operates the project in a
run-of-river mode with an annual average energy production of
approximately 3,960 megawatt-hours.
    Lyndonville proposes to increase the existing year-round minimum
flow to the bypassed reach from 10 cubic feet per second (cfs) to 62
cfs (or inflow, whichever is less) to maintain habitat for fish and
aquatic organisms. In addition, Lyndonville proposes to continue to
release a minimum flow of 75 cfs (or inflow, whichever is less) through
the powerhouse during project shutdowns to protect fish and aquatic
resources in the downstream reach. Lyndonville proposes to install an
automatic pond level control system to improve control of impoundment
levels and instantaneous run-of-river operation. Lyndonville also
proposes to develop a minimum flow monitoring plan to ensure adequate
flow is provided to the bypassed reach and downstream of the
powerhouse.
    Lyndonville also proposes several measures related to recreation
resources, including: (1) Constructing and maintaining a new carry-in
boat access trail downstream of the tailrace, on the west bank of the
Passumpsic River; (2) designating a new bank fishing area; (3)
installing a designated parking area outside of the project gates along
the access road to the project; and (4) installing an informational
kiosk identifying recreational amenities at the project. To evaluate
the adequacy of project recreation facilities, Lyndonville proposes to
conduct a recreation inventory, use and needs assessment within one
year of completion of recreational improvements.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's website at 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. For assistance, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    n. Anyone may submit comments, a protest, or a motion to intervene
in accordance with the requirements of the Commission's Rules of
Practice and Procedure, 18 CFR 385.210, .211, and .214. In determining
the appropriate action to take, the Commission will consider all
protests or other comments filed, but only those who file a motion

to intervene in accordance with the Commission's Rules may become a
party to the proceeding. Any comments, protests, or motions to
intervene must be received on or before the specified comment date for
the particular application.
    All filings must (1) bear in all capital letters the title
``PROTEST'', ``MOTION TO INTERVENE'', ``COMMENTS,'' ``REPLY COMMENTS,''
``RECOMMENDATIONS,'' ``TERMS AND CONDITIONS,'' or ``PRESCRIPTIONS;''
(2) set forth in the heading the name of the applicant and the project
number of the application to which the filing responds; (3) furnish the
name, address, and telephone number of the person protesting or
intervening; and (4) otherwise comply with the requirements of 18 CFR
385.2001 through 385.2005. All comments, recommendations, terms and
conditions or prescriptions must set forth their evidentiary basis and
otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may
obtain copies of the application directly from the applicant. A copy of
any protest or motion to intervene must be served upon each
representative of the applicant specified in the particular
application. A copy of all other filings in reference to this
application must be accompanied by proof of service on all persons
listed in the service list prepared by the Commission in this
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    o. Procedural Schedule: The application will be processed according
to the following revised schedule. Revisions to the schedule may be
made as appropriate.

------------------------------------------------------------------------
               Milestone                           Target date
------------------------------------------------------------------------
Filing of recommendations, preliminary   February 2019.
 terms and conditions, and preliminary
 fishway prescriptions.
Commission issues Environmental          August 2019.
 Assessment.
Comments on Environmental Assessment...  September 2019.
------------------------------------------------------------------------

    Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of this notice.
    p. A license applicant must file no later than 60 days following
the date of issuance of this notice: (1) A copy of the water quality
certification; (2) a copy of the request for certification, including
proof of the date on which the certifying agency received the request;
or (3) evidence of waiver of water quality certification.

    Dated: December 17, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-27650 Filed 12-20-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 123 (Wednesday, June 28, 2017)]
[Notices]
[Page 29293]
[FR Doc No: 2017-13525]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP17-465-000]

Dominion Energy Transmission, Inc.; Notice of Request Under
Blanket Authorization

    Take notice that on June 16, 2017, Dominion Energy Transmission,
Inc. (DETI), located at 707 East Main Street, Richmond, VA 23219, filed
a prior notice request pursuant to sections 157.205 and 157.216 of the
Federal Energy Regulatory Commission's regulations under the Natural
Gas Act (NGA), seeking authorization to plug and abandon ``future
storage'' wells: JW-452F, JW-453F, JW-539F and associated pipelines:
JP-419, JP-421, JP-448, JP-449, JP-451, JP-453 and Meter: 5104601
located in the Oakford Storage Complex in Westmoreland County,
Pennsylvania. DETI and Texas Eastern Transmission, LP jointly own the
Oakford Storage Complex as tenants in common with equal undivided one-
half interests. DETI is the operator of the Oakford Storage Complex and
as the operator is making this filing on behalf of both parties. The
certificated physical parameters, including total inventory, reservoir
pressure, reservoir and buffer boundaries, and certificated capacity
(including injection and withdrawal capacity) of the Oakford Storage
Complex will remain unchanged, all as more fully set forth in the
application, which is on file with the Commission and open to public
inspection. The filing may also be viewed on the web at 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. For assistance, contact FERC at<EMAIL_ADDRESS>or
call toll-free,<PHONE_NUMBER> or TTY,<PHONE_NUMBER>.
    Any questions regarding this Application should be directed to
Kenan W. Carioti, Regulatory & Certificates Analyst III, Dominion
Energy Transmission, Inc., 707 East Main Street, Richmond, VA 23219, by
phone<PHONE_NUMBER> or by Email<EMAIL_ADDRESS>    Any person may, within 60 days after the issuance of the instant
notice by the Commission, file pursuant to Rule 214 of the Commission's
Procedural Rules (18 CFR 385.214) a motion to intervene or notice of
intervention. Any person filing to intervene or the Commission's staff
may, pursuant to section 157.205 of the Commission's Regulations under
the NGA (18 CFR 157.205) file a protest to the request. If no protest
is filed within the time allowed therefore, the proposed activity shall
be deemed to be authorized effective the day after the time allowed for
protest. If a protest is filed and not withdrawn within 30 days after
the time allowed for filing a protest, the instant request shall be
treated as an application for authorization pursuant to section 7 of
the NGA.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenter's will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenter's will not be required to serve copies of filed
documents on all other parties. However, the non-party commentary, will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and ill not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the internet in lieu of paper. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (www.ferc.gov) under the e-Filing link. Persons unable to file
electronically should submit an original and 5 copies of the protest or
intervention to the Federal Energy regulatory Commission, 888 First
Street NE., Washington, DC 20426.

    Dated: June 22, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-13525 Filed 6-27-17; 8:45 am]
 BILLING CODE 6717-01-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C.  20460

OFFICE OF

PREVENTION, PESTICIDES

AND TOXIC SUBSTANCES

MEMORANDUM

	Date:	05/30/07

	Subject:	Pyraclostrobin.  PP5E7014.  Amendment.  Petition for Tolerance on

		Belgian Endive.  Additional Discussion of Residue Data and Its Use For Adjustment

		of  Previous Tolerance Recommendation.  Request for Revised Sections B and F.

DP Barcode:	339733	Decision Numbers:

PC Code:	099100	MRID No.: 46713801

40 CFR 180.	582

	Chemical Class:	Strobilurins

	From:	Jerry B. Stokes, Chemist

		Reregistration Branch 4

		Health Effects Division (7509P)

	Through:	Susan V. Hummel, Senior Scientist

		Reregistration Branch 4

		Health Effects Division (7509P)

	To:	Barry O’Keefe

		Registration Branch 3

		Health Effects Division (7509P)

		Barbara Madden PM-5

		Risk Integration Minor Use, and Emergency Response Branch

		Registration Division (7505P)

		John Bazuin, PM-22

		Fungicide Branch

		Registration Division (7505P)

Executive Summary

The Interregional Research Project No. 4 (IR4) has submitted field trial data for the use of pyraclostrobin (WDG) on Belgian endive (MRID 46713801) (PP#5E7014).  HED previously reviewed this data and issued a document (D337807, J. Stokes, 03/30/07).  It has now come to the attention of HED that application rates stated in several data tables are incorrect.   IR4 has resubmitted a revised Section D with the corrected tables. After several communications with the petitioner it is clear that the 2X rate is to become the 1X label rate.  It has also come to the attention of HED that most of the data (5 of 6 applications) was collected using backpack sprayers instead of the proposed use directions of a conveyer belt application.  Thus the submitted data are not reflective of the proposed moving belt application.  HED has decided to use only the data from the trials that used the backpack sprayers in both the pre-cold storage and pre-forcing trays.  Therefore, using the data from the CA02 and CA03 trials only, and applying these values in the MRL Calculator, the CA Method recommended a tolerance of 11 ppm for the combined residues of pyraclostrobin and its metabolite.  However, since the residue data do not adequately reflect the proposed application method, and may highly overestimate the residues that could be expected with the conveyor belt application.   Therefore, HED cannot recommend for the establishment of a tolerance in/on Belgian endive at this time.

If IR4 wants to continue with this Section 3 registration, then the following are needed:

Use directions in Section B must match the application method used in Section D for residue data collection.

The tolerance proposal in Section F must be supported by the application method used in Section D for residue data collection.

Additional residue data that adequately reflect the use direction in Section B must be submitted. (HED recommends that the petitioner submit a protocol for HED review and comments before any residue data collection begins.)

Note:  Since the backpack sprayer would reflect the worse-case, HED can support a Section 18 request with the residue data from CA02 and CA03 only.  A time-limited tolerance of 11 ppm in connection with a Section 18 request would adequately cover any pyraclostrobin using a backpack sprayer application method.

860.1200 Directions for use.

It has come to the attention of HED that application rates in several data tables (PP#5E7014 MRID 46713801, Belgian endive) are incorrect.   IR4 has resubmitted a revised Section D with the corrected tables.  Initially IR4 defined the 1X rate as 0.011 lb a.i./850 lb roots and the 2X rate as 0.022 lb a.i./850 lb roots.  After several communications with the petitioner it is clear that the 2X rate is to become the 1X label rate.  Also, the petitioner has informed HED that the 0.4 oz value stated in the applications directions for the forcing trays should be 0.3 oz.   In addition, in the petitioner’s initial submission, the values 850 and 875 (lbs roots) are interchanged in both text and data tables.  HED suggests that data be reported as ……. per 100 lb of roots.

HED recommends that the label rate be revised to clearly define the amounts to be used per application and the total per season.  In addition, the petitioner should define how the spray is applied to the roots in the forcing trays (.i.e., trays are stationary or are moving on conveyor belt).

A revised Section B must be submitted to adequately reflect the petitioner’s intentions as to application rates and directions.

Suggested label changes:

Prior to Cold Storage

“Make one……….. Apply 0.7 to 1.4 oz Pristine® fungicide in 2 to 2.5 gallons of water per 850 lbs roots.”

HED suggests that label should state the following:

“Make one……….. Apply 0.08 to 0.16 oz of Pristine® fungicide in 2 to 2.5 gallons of water per 100 lb of roots “

Prior to Forcing

“Make one……….. “Apply at the rate of  0.15 to 0.4 oz Pristine® fungicide in approximately 3 quarts of water per 10 square feet of forcing tray.

HED suggests that label should state the following:

“Make one………..Apply the rate of  0.015 to 0.03 oz of Pristine® fungicide in approximately 3 quarts of water per 1 square foot of forcing tray.

  References

DP Barcodes:	337807, 327899, 337817, 338448

Subject:		PP#’s 5F7002 and 5E7014.  Petition for Tolerances on Cotton and

		Belgian Endive, and An Increased Tolerance on the Berries Crop Group. Submission

		of Requested Field Trial Data on Mustard Greens (PP#3F6581).    Submission of

		Additional Field Trial Data on Fruiting Vegetables (PP#0F6139), Cucurbit

		Vegetables (PP#0F6139), Sunflower (PP#2F6431), Mint (PP#2F6431), and

		Grape (PP#0F6139).  Summary of Analytical Chemistry and Residue Data.

		(Reg. No. 7969-198):

From:          Jerry Stokes

To:		Barry O’Keefe, Barbara Madden, John Bazuin

Dated:		03/30/07

MRIDs:      46512002, 46512003, 46637701, 46665501, 46665502, 46665504, 46665505,

                 	46665506, 46685901, 46685902, 46713801

Appendix I:   International  Residue Limit Status sheet (1 page)

Appendix II  Tolerance Assessment Calculations (4 pages)

RDI:  SVHummel 05/30/07

Petition Number(s):  5E7014

DP Barcodes:  339733

PC Code:  099100

Appendix I

INTERNATIONAL RESIDUE LIMIT STATUS

Chemical Name:  methyl [2-[[[1-(4-chlorophenyl)-1H-pyrazol-3-yl]oxy]methyl]phenyl]methoxy carbamate	Common Name:

Pyraclostrobin	( Proposed tolerances

( Reevaluated tolerance

No Codex proposal step 6 or above

(No Codex proposal step 6 or above for the crops requested 	Petition Number: 5F7002, 5E7014

DP Barcode: 337807, 337817

Other Identifier:

Residue definition (step 8/CXL):   	JStokes/HED/RRB4

	Residue definition: Combined residues of pyraclostrobin and BF 500-3, expressed as parent

Crop (s)1	MRL (mg/kg)	Crop(s)	Proposed Tolerance (ppm)

Belgian endive	11.0

Limits for Canada	Limits for Mexico

( No Limits

( No Limits for the crops requested	( No Limits

(  No Limits for the crops requested

Residue definition:  	Residue definition:

Crop(s)	MRL (mg/kg)	Crop(s)	MRL (ppm)

	Notes/Special Instructions:

Appendix II - Tolerance Assessment Calculations.

The Agency’s Guidance for Setting Pesticide Tolerances Based on Field Trial Data was utilized for determining appropriate tolerance levels for Belgian endive as the combined residues of pyraclostrobin and BF 500-3 were readily quantifiable (>LOQ) in/on  this commodity.

The datasets used to establish the crop group tolerance consisted of field trial data representing applications of the appropriate formulations at ~1/2 x (residue values doubled) and 1x the maximum proposed use rates.  As specified by the Guidance for Setting Pesticide Tolerances Based on Field Trial Data SOP, the field trial application 1x rates were within 25% of the maximum label application rate, and the PHIs were consistent with the appropriate stage of maturity and the proposed PHI for Belgian endive.

The values for combined pyraclostrobin residues were used to calculate the appropriate tolerances for Belgian endive (Table II-1)   The data set for Belgain endive does not appear to be lognormal (Figure II-1).  The calculated tolerance was 11.0 ppm for Belgian endive (Figure II-2).

Appendix II

Regulator:	EPA

Chemical:	pyraclostrobin

Crop:	Beligan endive

PHI:	19-21 days

App. Rate:	1/2x rate (doubled) + 1x rate

Submitter:	IR4

	Residues	LN(Residues)	Z-scores

	3.620	1.29	-0.85

	3.580	1.28	-1.43

	5.506	1.71	0.15

	5.806	1.76	0.47

	3.889	1.36	0.20

	3.721	1.31	-0.20

	7.962	2.07	1.28

	7.513	2.02	0.64

Appendix II

Appendix II

	Regulator:	EPA

	Chemical:	pyraclostrobin

	Crop:	Beligan endive

	PHI:	19-21 days

	App. Rate:	1/2x rate (doubled) + 1x rate

	Submitter:	IR4

	n:	8

	min:	3.58

	max:	7.96

	median;	4.70

	average:	5.20

	95th Percentile	99th Percentile	99.9th Percentile

EU Method I

Normal	9.0	10	11

	(11)	(13)	(--)

EU Method I

Log Normal	9.0	11	14

	(15)	(25)	(--)

EU Method II

Distribution-Free	 	#REF!

California Method

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Approximate Shapiro-Francia Normality Test Statistic	 	0.7245

	 	p-value <= 0.01: Reject lognormality assumption

 PAGE   1  of   NUMPAGES  8


[Federal Register Volume 83, Number 247 (Thursday, December 27, 2018)]
[Notices]
[Pages 66694-66695]
[FR Doc No: 2018-28055]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2512-078]

Hawks Nest Hydro, LLC; Notice of Application Accepted for Filing
and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Recreation Flow Release Plan.
    b. Project No: 2512-078.
    c. Date Filed: November 1, 2018.
    d. Applicant: Hawks Nest Hydro, LLC.
    e. Name of Project: Hawks Nest Hydroelectric Project.
    f. Location: The project is located on the New River, just upstream
of the confluence of the New and Gauley Rivers, near the Town of Ansted
in Fayette County, West Virginia.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Marshall Olson, Compliance Manager, 40325
Hoops Court, Albemarle, NC 28001,<PHONE_NUMBER>.
    i. FERC Contact: Shawn Halerz,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: January 21, 2019.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>(866) 208-3676 (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, please
send a paper copy to: Secretary, Federal Energy Regulatory Commission,
888 First Street NE, Washington, DC 20426. The first page of any filing
should

include docket number P-2512-078. Comments emailed to Commission staff
are not considered part of the Commission record.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: As required by Article 407 of the
December 22, 2017 license, Hawks Nest Hydro, LLC (licensee) requests
Commission approval of a proposed Recreation Flow Release Plan (plan)
for the project. The plan incorporates the provisions and guidelines
required by Article 407 and conditions of the West Virginia Department
of Environmental Protection water quality certificate. The licensee
proposes procedures for recreation flow releases, default schedules for
recreation flow releases, procedures for annual meetings regarding
recreation flow releases and post-release evaluation meetings,
guidelines for participant safety, and a flow notification website.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE, Room 2A, Washington, DC
20426, or by calling<PHONE_NUMBER>. This filing may also be viewed on
the Commission's website at 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. You may also register
online at http://www.ferc.gov/docs-filing/esubscription.asp to be
notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above. Agencies may obtain copies of the application directly from
the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: December 19, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-28055 Filed 12-26-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 217 (Monday, November 13, 2023)]
[Proposed Rules]
[Pages 77544-77548]
[FR Doc No: 2023-24925]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2023-0455; FRL-11520-01-OCSPP]
RIN 2070-ZA16

L-Lactic Acid; Proposed Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to remove a duplicative exemption from the
requirement of a tolerance for residues of L-lactic acid, herein
referred to as lactic acid, when applied to dairy-processing equipment
and food-processing equipment and utensils. In addition, the Agency is
proposing to establish exemptions from the requirement of a tolerance
for residues of lactic acid when used as a fruit and vegetable wash in
or on all raw agricultural commodities, and for indirect or inadvertent
residues of lactic acid in or on all livestock commodities, when
residues are present therein as a result of animal drinking water
coming into contact with hard non-porous surfaces treated with lactic
acid (i.e., troughs). This rulemaking is proposed on the Agency's own
initiative under the Federal Food, Drug, and Cosmetic Act (FFDCA), in
order to implement the tolerance actions EPA identified during its
review of this chemical as part of the Agency's registration review
program under the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA).

DATES: Comments must be received on or before January 12, 2024.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2023-0455, by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/where-send-comments-epa-dockets.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Anita Pease, Antimicrobials Division
7510M, Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
202-566-0736; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

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

 Animal production (NAICS code 112)
 Food manufacturing (NAICS code 311)
 Pesticide manufacturing (NAICS code 32532)

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. In addition to one complete
version of the comment that includes information claimed as CBI, a copy
of the comment that does not contain the information claimed as CBI
must be submitted for inclusion in the public docket. Information so
marked will not be disclosed except in accordance with procedures set
forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at https://www.epa.gov/dockets/comments.html.

II. Background

A. What action is the Agency taking?

    EPA is proposing the following tolerance actions related to lactic
acid:
     To remove the duplicative exemption from the requirement
of a tolerance under 40 CFR 180.940(b) for residues of lactic acid when
applied to dairy-processing equipment and food-processing equipment and
utensils, as these use sites are covered by the exemption under 40 CFR
180.940(a) (i.e., food-contact surfaces in public eating places, dairy-
processing equipment, and food-processing equipment and utensils).
     To establish exemptions from the requirement of a
tolerance under 40 CFR 180.1090 for residues of lactic acid when used
as a fruit and vegetable wash in or on all raw agricultural
commodities, and for indirect or inadvertent residues of lactic acid in
or on all livestock commodities, when residues are present therein as a
result of animal drinking water coming into contact with hard non-
porous surfaces treated with lactic acid (i.e., troughs). EPA is
proposing these exemptions to cover residues of lactic acid that may be
found in food as a result of these uses.
    EPA is proposing these tolerance actions to implement the changes

identified as necessary during the registration review process to cover
these pesticide chemical residues when used in antimicrobial
formulations consistent with current label use directions. Registration
review documents, such as the draft risk assessment, typically identify
certain tolerance actions, including modifications to reflect current
use patterns, meet safety findings, and change commodity names and
groupings, that may be necessary or appropriate to cover pesticide
chemical residues or reflect current EPA policy.
    For the pesticide chemical at issue in this rulemaking, EPA issued
the L-lactic Acid Combined Preliminary Work Plan and Proposed Interim
Registration Review Decision (Lactic Acid PWP/PID) in April 2021, and
the L-lactic Acid Interim Registration Review Decision (Lactic Acid ID)
in September 2021, as part of the second round of registration review
for lactic acid. Electronic copies of the Lactic Acid PWP/PID, Lactic
Acid ID, and other documents are available in docket ID number EPA-HQ-
OPP-2020-0552 at https://www.regulations.gov. These documents contain a
summary of the Agency's assessment of the potential risk associated
with current product uses, and the Lactic Acid ID identified the need
for the tolerance actions described above.

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

    A ``tolerance'' represents the maximum level for residues of
pesticide chemicals legally allowed in or on raw agricultural
commodities and processed foods. Section 408 of FFDCA, 21 U.S.C. 346a,
authorizes the establishment, modification, and revocation of
tolerances and exemptions from the requirement of a tolerance for
residues of pesticide chemicals in or on raw agricultural commodities
and processed foods. Residues of pesticides in or on food that are not
covered by a tolerance or exemption are deemed unsafe under FFDCA
section 408(a), 21 U.S.C. 346a(a), and any food containing unsafe
residues is considered adulterated under FFDCA section 402(a), 21
U.S.C. 342(a). Such food may not be distributed in interstate commerce,
21 U.S.C. 331(a). For a food-use pesticide to be sold and distributed,
the pesticide must not only have appropriate tolerances under the
FFDCA, but also must be registered under FIFRA, 7 U.S.C. 136 et seq.
Residues of food-use pesticides not registered in the United States
must also be covered by a U.S. tolerance or exemption in order for
commodities treated with those pesticides to be imported into the
United States.
    Section 408(c)(1)(B) of the FFDCA authorizes EPA to establish,
modify, or revoke an exemption from the requirement of a tolerance on
its own initiative, 21 U.S.C. 346(c)(e)(1)(B)). Before issuing a final
regulation, EPA is required to issue a proposed rulemaking and provide
a comment period. Id. 346(a)(e)(2).
    Section 408(c)(2)(A)(i) of the FFDCA allows EPA to establish an
exemption from the requirement of a tolerance only if EPA determines
that the tolerance is ``safe.'' Section 408(c)(2)(A)(ii) of the FFDCA
defines ``safe'' to mean that ``there is a reasonable certainty that no
harm will result from aggregate exposure to the pesticide chemical
residue, including all anticipated dietary exposures and all other
exposures for which there is reliable information.'' 21 U.S.C.
346a(c)(2)(A)(ii). This includes exposure through drinking water and in
residential settings but does not include occupational exposure.
Section 408(c)(2)(B) of the FFDCA requires EPA, when making a safety
determination concerning an exemption, to take into account, among
other relevant considerations, those listed in section 408(b)(2)(C) and
(D) of the FFDCA. Section 408(b)(2)(C) of the FFDCA requires EPA to
give special consideration to exposure of infants and children to the
pesticide chemical residue in establishing a tolerance and to ``ensure
that there is a reasonable certainty that no harm will result to
infants and children from aggregate exposure to the pesticide chemical
residue. . . .'' Section 408(b)(2)(D) identifies various factors,
including available information on aggregate and cumulative exposure,
for EPA consideration in making a safety determination.

C. When do these actions become effective?

    EPA is proposing that these tolerance actions become effective on
the date of publication of the final rule in the Federal Register.

III. Proposed Rule

    EPA is proposing this rule to implement the tolerance actions
identified in the September 2021, Lactic Acid ID. As noted in the
Lactic Acid ID, there is an exemption from the requirement of a
tolerance under 40 CFR 180.940(b) for residues of lactic acid when
applied to dairy-processing equipment and food-processing equipment and
utensils, with the limitation that the end-use concentration of lactic
acid does not exceed 138 parts per million (ppm). During registration
review, EPA determined that this exemption is duplicative of another
exemption under 40 CFR 180.940(a) for residues of lactic acid when
applied to food-contact surfaces in public eating places, dairy-
processing equipment, and food-processing equipment and utensils, with
the limitation that the end-use concentration of lactic acid does not
exceed 10,000 ppm. EPA, on its own initiative, is therefore proposing
to remove the duplicative exemption for lactic acid under 40 CFR
180.940(b).
    As noted in the Lactic Acid ID, products containing lactic acid are
registered for antimicrobial use as disinfectants, indirect food
contact surface sanitizers, fungicides, and virucides. These products
can be used for hard non-porous surfaces and in laundry machines;
agricultural premises and equipment; food handling storage
establishments, premises, and equipment; commercial, institutional, and
industrial premises and equipment; fruit and vegetable treatment; human
drinking water systems; and storage tanks. During registration review,
EPA determined that residues of lactic acid may be present in or on raw
agricultural commodities as result of its use as a fruit and vegetable
wash. EPA also determined that lactic acid residues may be present in
livestock commodities as a result of animal drinking water coming into
contact with hard non-porous surfaces treated with lactic acid (i.e.,
troughs). The Agency currently does not have data to demonstrate that
there is no reasonable expectation of residues in livestock
commodities. Moreover, lactic acid is ubiquitous in the environment and
occurs naturally in certain foods, such as meat and dairy products,
making it difficult to distinguish lactic acid residues resulting from
animal drinking water versus other sources. EPA, on its own initiative,
therefore proposes to establish exemptions from the requirement of a
tolerance to cover residues of lactic acid in or on all raw
agricultural commodities that may result from its use as a fruit and
vegetable wash, and to cover indirect or inadvertent residues of lactic
acid in or on all livestock commodities that may result from animal
drinking water coming into contact with hard non-porous surfaces
treated with lactic acid (i.e., troughs).
    In order to establish tolerances or exemptions from the requirement
of a tolerance, EPA is required to determine that each tolerance or
exemption meets the safety standard of the FFDCA. In the Lactic Acid ID
and other supporting

documents referenced in this proposed rule, EPA considered the
potential risks from exposure to lactic acid from registered uses and
concluded that those uses did not present risks of concern.

IV. Aggregate Risk Assessment and Determination of Safety

    Consistent with FFDCA section 408(c)(2)(A), and the factors
specified in FFDCA section 408(c)(2)(B), 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 to support the establishment of
exemptions from the requirement of a tolerance for residues of lactic
acid proposed by this action.
    The Agency relied on the most current science policies and risk
assessment information in support of the registration review of lactic
acid from the initial round of registration review. In addition, the
Agency considered whether any new data requirements promulgated since
the initial round of registration review warranted the requirement of
additional data for this round of registration review. Based on
available data considered in the initial round of registration review,
the lack of toxicity, and low exposure levels expected from registered
uses, the Agency determined there was no need for new data or a new
human health risk assessment. EPA's assessment of exposures and risks
associated with lactic acid follows.

A. Toxicological Profile

    EPA evaluated the available toxicity data and considered its
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA also considered available
information concerning the variability of the sensitivities of major
identifiable subgroups of consumers, including infants and children.
The toxicity profile of lactic acid indicates no significant systemic
toxicity even at high dose levels. Specific information on the studies
received and the nature of the adverse effects caused by lactic acid
from the toxicity studies can be found in the June 2009 document L-
Lactic Acid Final Registration Review Decision, which is available in
docket ID number EPA-HQ-OPP-2008-0383 at https://www.regulations.gov.

B. Toxicological Points of Departure/Levels of Concern

    Based on the low toxicity of lactic acid, the Agency determined
that a quantitative human health risk assessment was not necessary, and
no human health toxicity endpoints for lactic acid were selected.

C. Exposure Assessment

    Dietary exposure (food and drinking water). Dietary exposures may
occur from use of lactic acid as an active ingredient on food contact
surfaces, treatment of fruits and vegetables, possibly in livestock
commodities, and from exposure in human drinking water systems. Dietary
exposure may also occur from the use of lactic acid as an inert
ingredient in pesticide formulations applied to growing crops and to
plants after harvest or in antimicrobial formulations applied to food-
contact surfaces. In addition, the U.S. Food and Drug Administration
(FDA) has approved the use of lactic acid as a food additive at levels
up to 138 ppm in sanitizing solutions, which is another source of
dietary exposure. While an exemption from the requirement of a
tolerance has been established for lactic acid when used as a plant
growth regulator, there are no products currently registered by EPA for
the plant growth regulator outdoor use pattern. Dietary exposure is not
expected from use of lactic acid in mosquito control end-use products,
as they are used in traps. Lactic acid occurs naturally in fruit, the
soil, and the bloodstreams of animals, and is added to many foods such
as beer and fermented milk products. It is generally recognized as safe
by FDA. Because of the low toxicity associated with lactic acid, EPA
concluded that dietary exposure through food and drinking water will
not pose a risk of concern. Therefore, EPA determined that dietary and
drinking water exposures and risks do not need to be quantitatively
assessed for lactic acid.
    Non-dietary (residential) exposure. Based on the registered uses of
lactic acid as an indirect food-contact sanitizer, disinfectant, and in
indoor/outdoor traps for mosquitoes, there is potential for residential
dermal, inhalation and incidental oral exposure. Exposures and risk as
a result of the registered uses of lactic acid are expected to be
minimal on the basis of the current label restrictions and
precautionary statements, the low concentration of active ingredient in
registered end-use products, and the limited evidence of any adverse
effects. Thus, EPA determined that a quantitative residential exposure
risk assessment is not needed for the registered uses of lactic acid.
    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 lactic
acid to share a common mechanism of toxicity with any other substances,
and lactic acid does not appear to produce a toxic metabolite produced
by other substances. For the purposes of this tolerance action,
therefore, EPA has assumed that lactic acid 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 website at https://www.epa.gov/pesticides/cumulative.

D. Safety Factor for Infants and Children

    Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an
additional tenfold (10X) margin of safety for infants and children in
the case of threshold effects to account for prenatal and postnatal
toxicity and the completeness of the database on toxicity and exposure
unless EPA determines based on reliable data that a different margin of
safety will be safe for infants and children. This additional margin of
safety is commonly referred to as the Food Quality Protection Act
(FQPA) safety factor. In applying this provision, EPA either retains
the default value of 10X, or uses a different additional safety factor
when reliable data available to EPA support the choice of a different
factor.
    Based on the lack of threshold effects, EPA has not identified any
toxicological endpoints of concern and is conducting a qualitative
assessment of lactic acid. That qualitative assessment does not use
safety factors for assessing risk, and no additional safety factor is
needed for assessing risk to infants and children. Based on an
assessment of lactic acid, EPA has concluded that there are no
toxicological endpoints of concern for the U.S. population, including
infants and children.

E. Aggregate Risks and Determination of Safety

    Because no toxicological endpoints of concern were identified, EPA
concludes that aggregate exposure to residues of lactic acid will not
pose a risk to the U.S. population, including infants and children, and
that there is a reasonable certainty that no harm will result to the

general population, or to infants and children, from aggregate exposure
to lactic acid residues.
Analytical Enforcement Methodology
    An analytical method is not required for enforcement purposes since
the Agency is proposing to establish exemptions from the requirement of
a tolerance without any numerical limitation.

V. Conclusion

    Therefore, EPA is proposing to remove the duplicative exemption for
residues of lactic acid when used in antimicrobial pesticide
formulations applied to dairy-processing equipment and food-processing
equipment and utensils, and to establish exemptions from the
requirement of a tolerance for residues of lactic acid when used as a
fruit and vegetable wash in or on all raw agricultural commodities, and
for indirect or inadvertent residues of lactic acid in or on all
livestock commodities, when residues are present therein as a result of
animal drinking water coming into contact with hard non-porous surfaces
treated with lactic acid (i.e., troughs).

VI. Statutory and Executive Order Reviews

    In this proposed rule, EPA is proposing to establish exemptions
from the requirement of a tolerance under FFDCA section 408, and to
remove an exemption that is not necessary. The Office of Management and
Budget (OMB) has exempted these types of action from review under
Executive Order 12866, entitled ``Regulatory Planning and Review'' (58
FR 51735, October 4, 1993). Because this proposed rule has been
exempted from review under Executive Order 12866, due to its lack of
significance, this proposed 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). This proposed rule does not contain any information collections
subject to OMB approval under the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.) or impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act (UMRA) (2 U.S.C. 1501 et seq.). Nor does it require any
special considerations as required by Executive Order 12898, entitled
``Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations'' (59 FR 7629, February 16,
1994); or OMB review or any other Agency action under Executive Order
13045, entitled ``Protection of Children from Environmental Health
Risks and Safety Risks'' (62 FR 19885, April 23, 1997). This proposed
rule 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 (NTTAA)
(15 U.S.C. 272 note).
    Pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), the Agency previously assessed whether establishment of
tolerances, exemptions from tolerances, raising of tolerance levels,
expansion of exemptions, or revocations might significantly impact a
substantial number of small entities and concluded that, as a general
matter, these actions do not impose a significant economic impact on a
substantial number of small entities. These analyses for tolerance
establishments and modifications, and for tolerance revocations were
published in the Federal Register of May 4, 1981 (46 FR 24950) and
December 17, 1997 (62 FR 66020) (FRL-5753-1), respectively, and were
provided to the Chief Counsel for Advocacy of the Small Business
Administration. Taking into account this analysis, and available
information concerning the pesticides listed in this proposed rule, the
Agency hereby certifies that this proposed rule will not have a
significant negative economic impact on a substantial number of small
entities. Furthermore, for the pesticide named in this proposed rule,
the Agency knows of no extraordinary circumstances that exist as to the
present proposed rule that would change EPA's previous analysis. Any
comments about the Agency's determination should be submitted to the
EPA along with comments on the proposed rule and will be addressed
prior to issuing a final rule.
    In addition, the Agency has determined that this proposed rule will
not have a substantial direct effect on States, on the relationship
between the National Government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999). Executive Order 13132 requires EPA to develop
an accountable process to ensure ``meaningful and timely input by State
and local officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' This proposed rule directly regulates growers, food
processors, food handlers, and food retailers, not States. This
proposed rule does not alter the relationships or distribution of power
and responsibilities established by Congress in the preemption
provisions of FFDCA section 408(n)(4). For these same reasons, the
Agency has determined that this proposed rule does not have any
``tribal implications'' as described in Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000). Executive Order 13175, requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by tribal officials in the development of regulatory policies that have
tribal implications.'' ``Policies that have tribal implications'' is
defined in the Executive order to include regulations that have
``substantial direct effects on one or more Indian tribes, on the
relationship between the Federal Government and the Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes.'' This proposed rule will not have
substantial direct effects on tribal governments, 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, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this proposed rule.

List of Subjects in 40 CFR Part 180

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

    Dated: November 3, 2023.
Edward Messina,
Director, Office of Pesticide Programs.

    Therefore, it is proposed that 40 CFR chapter I be amended as
follows:

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

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

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

0
2. In Sec.  180.940, amend paragraph (b) by removing the entry for
``Lactic acid'' from the table.

0
3. Revise Sec.  180.1090 to read as follows:

Sec.  180.1090   Lactic acid; exemption from the requirement of a
tolerance.

    (a) Lactic acid (2-hydroxypropanoic acid) is exempted from the
requirement of a tolerance when used as a plant growth regulator or
fruit and vegetable wash in or on all raw agricultural commodities.
    (b) An exemption from the requirement of a tolerance is established
for indirect or inadvertent residues of lactic acid (2-hydroxypropanoic
acid) in or on all livestock commodities, when residues are present
therein as a result of animal drinking water coming into contact with
hard non-porous surfaces treated with lactic acid (i.e., troughs).

[FR Doc. 2023-24925 Filed 11-9-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 163 (Thursday, August 24, 2017)]
[Rules and Regulations]
[Pages 40069-40070]
[FR Doc No: 2017-17959]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2017-0763]

Special Local Regulation; Southern California Annual Marine
Events for the San Diego Captain of the Port Zone--San Diego Bayfair

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement regulation.

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

SUMMARY: The Coast Guard will enforce the San Diego Bayfair special
local regulations on the waters of Mission Bay, California from 7 a.m.
to 6 p.m. from September 15, 2017, to September 17, 2017. These special
local regulations are necessary to provide for the safety of the
participants, crew, spectators, sponsor vessels, and general users of
the waterway. During the enforcement period, persons and vessels are
prohibited from anchoring, blocking, loitering, or impeding within this
regulated area unless authorized by the Captain of the Port, or his
designated representative.

DATES: The regulations in 33 CFR 100.1101, Table 1, Item 12, will be
enforced from 7 a.m. September 15, 2017, through 6 p.m. September 17,
2017.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
publication of enforcement, call or email Lieutenant Junior Grade
Briana Biagas, Waterways Management, U.S. Coast Guard Sector San Diego,
CA; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulations for the San Diego Bayfair race event in Mission Bay,
CA in 33 CFR 100.1101, Table 1, Item 12, of that section from 7 a.m. on
September 15, 2017 until 6 p.m. September 17, 2017. This action is
being taken to provide for the safety of life on navigable waterways
during the race. The Coast Guard's regulation for recurring marine
events in the San Diego Captain of the Port Zone identifies the
regulated area for this event. Under the provisions of 33 CFR 100.1101,
persons and vessels are prohibited from anchoring, blocking, loitering,
or impeding within this regulated area unless authorized by the Captain
of the Port, or his designated representative. The Coast Guard may be
assisted by other Federal, State, or local law enforcement agencies in
enforcing this regulation.
    This document is issued under authority of 5 U.S.C. 552 (a) and 33
CFR 100.1101. In addition to this document in the Federal Register, the
Coast Guard will provide the maritime community with advance
notification of this enforcement period via the Local Notice to
Mariners, Broadcast Notice to Mariners, and local advertising by the
event sponsor.
    If the Captain of the Port Sector San Diego or his designated
representative determines that the regulated area need not be enforced
for the full duration stated on this document, he or she may use a
Broadcast Notice to Mariners or other communications coordinated with
the event sponsor to grant general permission to enter the regulated
area.

    Dated: August 9, 2017.
J.R. Buzzella,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2017-17959 Filed 8-23-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 33 (Friday, February 16, 2018)]
[Proposed Rules]
[Pages 6984-6986]
[FR Doc No: 2018-03213]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 83, No. 33 / Friday, February 16, 2018 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0110; Product Identifier 2017-NM-125-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain The Boeing Company Model 757 airplanes. This proposed AD was
prompted by reports of bolt rotation in the engine drag fitting joint
and fasteners heads; an inspection of the fastener holes revealed that
cracks were found in the skin on two airplanes. This proposed AD would
require repetitive inspections for skin cracking and shim migration at
the upper link drag fittings, diagonal brace cracking, and fastener
looseness; and applicable on-condition actions. We are proposing this
AD to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by April 2, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may
view this referenced service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>. It
is also available on the internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2018-0110.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0110; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this NPRM, the regulatory evaluation, any comments received,
and other information. The street address for the Docket Office (phone:
800-647-5527) is in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Chandra Ramdoss, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; fax: 562-627-
5210; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2018-0110;
Product Identifier 2017-NM-125-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM because
of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We have received reports indicating bolt rotation in the engine
drag fitting joint and fasteners heads; an inspection of the fastener
holes revealed that cracks were found in the skin on two airplanes. The
bolt rotations have been reported on airplanes having between 1,889 and
21,073 total flight cycles, and between 6,000 and 56,008 total flight
hours. Boeing analysis has found that the root cause of the crack is
loss of clamp-up causing movement of the fastener in the hole and high
peak stresses, galling of the hole, and early cracking of the skin.
Loss of clamp-up is potentially caused by shim migration, cracked bolt
heads, loss of torque, and other contributing factors. Discontinuation
of cold working on the holes (line numbers 803 through 1050) is a
contributing factor to very early cracking. This condition, if not
corrected, could result in cracking in the wing upper skin and forward
drag fittings, and lead to a compromised upper link and reduced
structural integrity of the engine strut.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Requirements Bulletin 757-57A0073 RB,
dated July 14, 2017. The service information describes procedures for
repetitive detailed inspections for skin cracking and shim migration at
the upper link drag fittings, repetitive general visual inspections for
diagonal brace cracking and fastener looseness, and applicable on-
condition actions. This service information is reasonably available
because the interested parties have access to it through their normal
course of business or by the means identified in the ADDRESSES section.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishment of the actions
identified in the Boeing Alert

Requirements Bulletin 757-57A0073 RB, dated July 14, 2017, as described
previously, except for any differences identified as exceptions in the
regulatory text of this proposed AD.
    For information on the procedures and compliance times, see this
service information at http://www.regulations.gov by searching for and
locating Docket No. FAA-2018-0110.

Explanation of ``RB'' (Requirements Bulletin)

    The FAA worked in conjunction with industry, under the
Airworthiness Directives Implementation Aviation Rulemaking Committee
(AD ARC), to enhance the AD system. One enhancement is a process for
annotating which steps in the service information are ``required for
compliance'' (RC) with an AD. Boeing has implemented this RC concept
into Boeing service bulletins.
    In an effort to further improve the quality of ADs and AD-related
Boeing service information, a joint process improvement initiative was
worked between the FAA and Boeing. The initiative resulted in the
development of a new process in which the service information more
clearly identifies the actions needed to address the unsafe condition
in the ``Accomplishment Instructions.'' The new process results in a
Boeing Requirements Bulletin, which contains only the actions needed to
address the unsafe condition (i.e., only the RC actions).

Costs of Compliance

    We estimate that this proposed AD affects 606 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
           Action                   Labor cost         Parts cost       Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspections.................  83 work-hours x $85                $0  $7,055 per inspection  $4,275,330 per
                               per hour = $7,055                      cycle.                 inspection cycle.
                               per inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes to the Director of the System Oversight
Division.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have 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.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

The Boeing Company: Docket No. FAA-2018-0110; Product Identifier
2017-NM-125-AD.

(a) Comments Due Date

    We must receive comments by April 2, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 757-200, -200PF, -
200CB, and -300 series airplanes, certificated in any category, as
identified in Boeing Alert Requirements Bulletin 757-57A0073 RB,
dated July 14, 2017.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by bolt rotation in the engine drag fitting
joint and fasteners heads; an inspection of the fastener holes
revealed that cracks were found in the skin on two airplanes. We are
issuing this AD to detect and correct cracking in the wing upper
skin and forward drag fittings, which could lead to a compromised
upper link and reduced structural integrity of the engine strut.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Required Actions

    Except as required by paragraph (h) of this AD: At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Alert Requirements Bulletin 757-57A0073 RB,

dated July 14, 2017, do all applicable actions identified in, and in
accordance with, the Accomplishment Instructions of Boeing Alert
Requirements Bulletin 757-57A0073 RB, dated July 14, 2017.

    Note 1 to paragraph (g) of this AD:  Guidance for accomplishing
the actions required by this AD can be found in Boeing Alert Service
Bulletin 757-57A0073, dated July 14, 2017, which is referred to in
Boeing Alert Requirements Bulletin 757-57A0073 RB, dated July 14,
2017.

(h) Exceptions to Service Information Specifications

    (1) For purposes of determining compliance with the requirements
of this AD: Where Boeing Alert Requirements Bulletin 757-57A0073 RB,
dated July 14, 2017, uses the phrase ``the original issue date of
the requirements bulletin,'' this AD requires using ``the effective
date of this AD.''
    (2) Where Boeing Alert Requirements Bulletin 757-57A0073 RB,
dated July 14, 2017, specifies contacting Boeing, this AD requires
repair using a method approved in accordance with the procedures
specified in paragraph (i) of this AD.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, FAA, has the authority
to approve AMOCs for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your
request to your principal inspector or local Flight Standards
District Office, as appropriate. If sending information directly to
the manager of the certification office, send it to the attention of
the person identified in paragraph (j)(1) of this AD. Information
may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Los Angeles ACO Branch, to make those findings. To be
approved, the repair method, modification deviation, or alteration
deviation must meet the certification basis of the airplane, and the
approval must specifically refer to this AD.

(j) Related Information

    (1) For more information about this AD, contact Chandra Ramdoss,
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5239; fax:<PHONE_NUMBER>; email: [email protected].
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Transport Standards Branch, 2200 South 216th
St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on February 9, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-03213 Filed 2-15-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 66 (Thursday, April 5, 2012)]
[Notices]
[Pages 20618-20619]
[FR Doc No: 2012-8156]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP12-94-000]

Transwestern Pipeline Company, LLC; Notice of Application

    Take notice that on March 21, 2012, Transwestern Pipeline Company,
LLC (Transwestern), filed in Docket No. CP12-94-000, an application
pursuant to section 7(b) of the Natural Gas Act (NGA) and Part 157 of
the Commission's regulations, requesting authorization to abandon by
sale to its affiliate Lone Star NGL Pipeline LP an approximate 59.5
mile segment of its West Texas Lateral in Lea County, New Mexico, and
Loving and Winkler Counties, Texas, all as more fully set forth in the
application which is on file with the Commission and open to public
inspection. This filing may also be viewed on the Commission's Web site
at 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. For assistance, call<PHONE_NUMBER> or TTY, (202) 502-
8659.
    Any questions regarding this application should be directed to Mr.
Kelly Allen, Manager of Certificates and Reporting, Transwestern
Pipeline Company, LLC, 711 Louisiana Street, Suite 900, Houston, Texas
77002-2716, or by calling<PHONE_NUMBER> (telephone) or<PHONE_NUMBER>
(fax).
    Pursuant to Section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding, or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    Motions to intervene, protests and comments may be filed
electronically via the internet in lieu of paper; see, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.
    Comment Date: April 19, 2012.

    Dated: March 29, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-8156 Filed 4-4-12; 8:45 am]
BILLING CODE 6717-01-P