[Federal Register Volume 88, Number 45 (Wednesday, March 8, 2023)]
[Proposed Rules]
[Pages 14322-14323]
[FR Doc No: 2023-04717]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 371

[Docket No. FMCSA-2022-0134]

Definitions of Broker and Bona Fide Agents

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

ACTION: Notification of interim guidance; reopening of comment period.

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SUMMARY: FMCSA is reopening the comment period for its interim
guidance, Definitions of Broker and Bona Fide Agents. The interim
guidance informs the public and regulated entities about FMCSA's
interpretation of the definitions of broker and bona fide agents as it
relates to all brokers of transportation by commercial motor vehicle.
FMCSA is taking this action to better define the terms in response to a
mandate in the Infrastructure Investment and Jobs Act (IIJA). After
consideration of public comments received, FMCSA provided clarification
on its interpretation of the definitions of broker and bona fide
agents, in addition to meeting other criteria required by the IIJA.
While the interim guidance was effective immediately upon publication,
FMCSA sought comments to the interim guidance and will issue final
guidance by June 16, 2023. FMCSA is reopening the comment period in
anticipation of hosting a public listening session allowing comments on
this topic. FMCSA will host the session at 10 a.m. on March 31, 2023,
in Louisville, KY, and concurrently with the Mid America Trucking Show
(MATS). Anyone wishing to attend can register at: https://www.eventbrite.com/e/fmcsa-session-2-broker-regulatory-session-tickets-549535173497. In addition, a transcript of the public listening session
will be placed in the guidance docket.

DATES: The comment period for the interim guidance published on
November 16, 2022, at 87 FR 68635, will be reopened on March 31, 2023.
Comments must be received on or before April 6, 2023.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2022-0134 using any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2022-0134/document. Follow the online
instructions for submitting comments.
     Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Ground Floor, Room W12-140, Washington, DC 20590-0001, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. To be sure
someone is there to help you, please call<PHONE_NUMBER> or (202) 366-
9826 before visiting Dockets Operations.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section for instructions on submitting
comments.

FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey L. Secrist, Chief,
Registration, Licensing, and Insurance Division, Office of
Registration, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-
0001;<PHONE_NUMBER>; [email protected]. If you have questions on
viewing or submitting material to the docket, call Dockets Operations
at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number FMCSA-
2022-0134 for this notice, indicate the specific section of the
guidance to which your comment applies and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. FMCSA recommends that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so FMCSA can contact you if there are questions regarding your
submission.
    To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2022-0134/document, click on this notification, click
``Comment,'' and type your comment into the text box on the following
screen.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing.
Confidential Business Information (CBI)
    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the interim guidance contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, it is important that you clearly
designate the submitted comments as CBI. Please mark each page of your
submission that constitutes CBI as ``PROPIN'' to indicate it contains
proprietary information. FMCSA will treat such marked submissions as
confidential under the Freedom of Information Act, and they will not be
placed in the public docket of the interim guidance. Submissions
containing CBI should be sent to Mr. Brian Dahlin, Chief, Regulatory
Evaluation Division, Office of Policy, FMCSA, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001 or via email at [email protected].
At this time, you need not send a duplicate hardcopy of your electronic
CBI submissions to FMCSA headquarters. Any comments FMCSA receives not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

B. Viewing Comments and Documents

    To view any documents mentioned as being available in the docket,
go to https://www.regulations.gov/docket/FMCSA-2022-0134/document and
choose the document to review. To view comments, click this
notification of interim guidance, then click ``Browse Comments.'' If
you do not have access to the internet, you may view the docket online
by visiting Dockets Operations in Room W12-140 on the ground floor of
the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590-
0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. To be sure someone is there to help you, please call (202)
366-9317 or<PHONE_NUMBER> before visiting Dockets Operations.

C. Privacy Act

    In accordance with its regulatory procedures and policies, DOT
solicits

comments from the public to better inform its regulatory process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov. As described in the
system of records notice DOT/ALL 14 (Federal Docket Management System
(FDMS)), which can be reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments
are searchable by the name of the submitter.

II. Background

    The November 16, 2022, notification of interim guidance (87 FR
68635) requested comment on FMCSA's interpretation of the term broker,
which is defined in 49 CFR 371.2(a) as a ``person who, for
compensation, arranges, or offers to arrange, the transportation of
property by an authorized motor carrier. Motor carriers, or persons who
are employees or bona fide agents of carriers, are not brokers within
the meaning of this section when they arrange or offer to arrange the
transportation of shipments which they are authorized to transport and
which they have accepted and legally bound themselves to transport.''
    The interim guidance also requested comment on FMCSA's
interpretation of the term bona fide agent, which is defined as
``persons who are part of the normal organization of a motor carrier
and perform duties under the carrier's directions pursuant to a
preexisting agreement which provides for a continuing relationship,
precluding the exercise of discretion on the part of the agent in
allocating traffic between the carrier and others'' (49 CFR 371.2(b)).
    Section 23021 of the IIJA (Pub. L. 117-58, 135 Stat. 429) directed
the Secretary (through FMCSA) to issue this guidance, taking into
consideration the extent to which technology has changed the nature of
freight brokerage, the role of bona fide agents, and other aspects of
the freight transportation industry. Additionally, when issuing the
guidance, Congress directed that FMCSA must, at a minimum: (1) examine
the role of a dispatch service in the transportation industry; (2)
examine the extent to which dispatch services could be considered
brokers or bona fide agents; and (3) clarify the level of financial
penalties for unauthorized brokerage activities under 49 U.S.C. 14916,
applicable to a dispatch service (87 FR 68635).
    The comment period for the interim guidance closed on January 17,
2023. However, FMCSA will host a public listening session on issues
related to brokers on March 31, 2023, concurrent with the 2023 MATS
conference. Therefore, FMCSA believes it is in the interest of the
public to reopen the comment period so FMCSA may consider comments on
the guidance made at the session and for a short period thereafter.
Accordingly, FMCSA is reopening the comment period on the date of the
session, March 31, 2023, and will accept additional comments until
April 6, 2023.
    Issued under authority delegated in 49 CFR 1.87.

Robin Hutcheson,
Administrator.
[FR Doc. 2023-04717 Filed 3-7-23; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 88, Number 241 (Monday, December 18, 2023)]
[Rules and Regulations]
[Pages 87339-87340]
[FR Doc No: 2023-27660]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2023-2043; Airspace Docket No. 23-ASO-31]
RIN 2120-AA66

Renaming of Restricted Areas R-5311A, R-5311B, and R-5311C; Fort
Bragg, NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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SUMMARY: This action corrects a typographic error in the final rule
published in the Federal Register on November 28, 2023, making an
administrative change to rename restricted areas R-5311A, R-5311B, and
R-5311C, Fort Bragg, NC, and updating the using agency description to
reflect the change. Additionally, geographic coordinate technical
amendments for two boundary points listed in the restricted areas were
made to accurately align the existing boundary with the Little River
referenced in the descriptions.

DATES: Effective date 0901 UTC, January 25, 2024.

ADDRESSES: A copy of this final rule, and all background material may
be viewed online at www.regulations.gov using the FAA Docket number.
Electronic retrieval help and guidelines are available on the website.
It is available 24 hours each day, 365 days each year.

FOR FURTHER INFORMATION CONTACT: Brian Vidis, Rules and Regulations

Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

History

    The FAA published a final rule in the Federal Register (88 FR
83023; November 28, 2023), renaming restricted areas R-5311A, R-5311B,
and R-5311C, Fort Bragg, NC, and updating the using agency description
to reflect the change. Additionally, geographic coordinate technical
amendments for two boundary points listed in the restricted areas were
made to accurately align the existing boundary with the Little River
referenced in the descriptions. Subsequent to publication, the FAA
identified that the final rule was published with the incorrect docket
number. This action corrects this error by replacing the incorrect
docket number, FAA-2023-0243, with the correct one, FAA-2023-2043.

Correction to Final rule

    Accordingly, pursuant to the authority delegated to me, Renaming of
Restricted Areas R-5311A, R-5311B, and R-5311C; Fort Bragg, NC,
published in the Federal Register on November 28, 2023 (88 FR 83023),
FR Doc. 2023-26003, on page 83023, in the second column, is corrected
by removing ``Docket No. FAA-2023-0243'' and adding in its place,
``Docket No. FAA-2023-2043''.

    Issued in Washington, DC, on December 12, 2023.
Frank Lias,
Manager, Rules and Regulations Group.
[FR Doc. 2023-27660 Filed 12-15-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 206 (Thursday, October 26, 2017)]
[Notices]
[Pages 49638-49639]
[FR Doc No: 2017-23300]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2017-0899]

Information Collection Request to Office of Management and
Budget; OMB Control Number: 1625-0058

AGENCY: Coast Guard, DHS.

ACTION: Sixty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit an Information Collection Request
(ICR) to the Office of Management and Budget (OMB), Office of
Information and Regulatory Affairs (OIRA), requesting approval for
reinstatement, without change, of the following collection of
information: 1625-0058, Application for Permit to Transport Municipal
and Commercial Waste. Our ICR describes the information we seek to
collect from the public. Before submitting this ICR to OIRA, the Coast
Guard is inviting comments as described below.

DATES: Comments must reach the Coast Guard on or before December 26,
2017.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2017-0899] to the Coast Guard using the Federal
eRulemaking Portal at http://www.regulations.gov. See the ``Public
participation and request for comments'' portion of the SUPPLEMENTARY
INFORMATION section for further instructions on submitting comments.
    A copy of the ICR is available through the docket on the Internet
at http://www.regulations.gov. Additionally, copies are available from:
Commandant (CG-612), Attn: Paperwork Reduction Act Manager, U.S. Coast
Guard, 2703 Martin Luther King Jr. Ave. SE., Stop 7710, Washington, DC
20593-7710.

FOR FURTHER INFORMATION CONTACT: Mr. Anthony Smith, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology. In response to
your comments, we may revise this ICR or decide not to seek
reinstatement of the Collection. We will consider all comments and
material received during the comment period.

    We encourage you to respond to this request by submitting comments
and related materials. Comments must contain the OMB Control Number of
the ICR and the docket number of this request, [USCG-2017-0899], and
must be received by December 26, 2017.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at http://www.regulations.gov and
can be viewed by following that Web site's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).

Information Collection Request

    Title: Application for Permit to Transport Municipal and Commercial
Waste.
    OMB Control Number: 1625-0058.
    Summary: This information collection provides the basis for issuing
or denying a permit, required under 33 U.S.C. 2601 and 33 CFR 151.1009,
for the transportation of municipal or commercial waste in the coastal
waters of the United States.
    Need: In accordance with 33 U.S.C. 2601, the U.S. Coast Guard
issued regulations requiring an owner or operator of a vessel to apply
for a permit to transport municipal or commercial waste in the United
States and to display an identification number or other marking on
their vessel.
    Forms: None.
    Respondents: Owners and operators of vessels.
    Frequency: Every 18 months.
    Hour Burden Estimate: The estimated burden remains at 13 hours a
year.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended.

    Dated: October 16, 2017.
James D. Roppel,
U.S. Coast Guard, Acting Chief, Office of Information Management.
[FR Doc. 2017-23300 Filed 10-25-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Notices]
[Pages 20935-20936]
[FR Doc No: 2023-07320]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Noise Exposure Map Notice; Key West International Airport, Key
West, Florida

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its
determination that the Noise Exposure

Maps submitted by Monroe County for the Key West International Airport
under the provisions of the Aviation Safety and Noise Abatement Act are
in compliance with applicable requirements.

DATES: The effective date of the FAA's determination on the Noise
Exposure Maps is April 4, 2023.

FOR FURTHER INFORMATION CONTACT: Peter Green, Federal Aviation
Administration, Orlando Airports District Office, 8427 SouthPark
Circle, Suite 524, Orlando, Florida 32819,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA finds
that the Noise Exposure Maps submitted for the Key West International
Airport are in compliance with applicable requirements of title 14 Code
of Federal Regulations (CFR) part 150, effective April 4, 2023. Under
49 U.S.C. 47503 of the Aviation Safety and Noise Abatement Act (``the
Act''), an airport operator may submit to the FAA Noise Exposure Maps
which meet applicable regulations and which depict non-compatible land
uses as of the date of submission of such maps, a description of
projected aircraft operations, and the ways in which such operations
will affect such maps. The Act requires such maps to be developed in
consultation with interested and affected parties in the local
community, government agencies, and persons using the airport. An
airport operator who has submitted Noise Exposure Maps that are found
by FAA to be in compliance with the requirements of 14 CFR part 150,
promulgated pursuant to the Act, may submit a Noise Compatibility
Program for FAA approval, which sets forth the measures the airport
operator has taken or proposes to take to reduce existing non-
compatible uses and prevent the introduction of additional non-
compatible uses.
    The FAA has completed its review of the Noise Exposure Maps and
accompanying documentation submitted by Monroe County. The
documentation that constitutes the ``Noise Exposure Maps'' as defined
in 14 CFR 150.7 includes: 2022 Existing Condition Noise Exposure Map,
2028 Future Condition Noise Exposure Map, East Flow Flight Tracks map,
West Flow Flight Tracks map, and the Final Noise Exposure Maps and
Supporting Documentation Report. The FAA has determined that these
Noise Exposure Maps and accompanying documentation are in compliance
with applicable requirements. This determination is effective on April
4, 2023.
    FAA's determination on the airport operator's Noise Exposure Maps
is limited to a finding that the maps were developed in accordance with
the procedures contained in Appendix A of 14 CFR part 150. Such
determination does not constitute approval of the airport operator's
data, information or plans, or a commitment to approve a Noise
Compatibility Program or to fund the implementation of that Program. If
questions arise concerning the precise relationship of specific
properties to noise exposure contours depicted on a Noise Exposure Map
submitted under section 47503 of the Act, it should be noted that the
FAA is not involved in any way in determining the relative locations of
specific properties with regard to the depicted noise exposure
contours, or in interpreting the Noise Exposure Maps to resolve
questions concerning, for example, which properties should be covered
by the provisions of section 47506 of the Act. These functions are
inseparable from the ultimate land use control and planning
responsibilities of local government. These local responsibilities are
not changed in any way under 14 CFR part 150 or through FAA's review of
the Noise Exposure Maps. Therefore, the responsibility for the detailed
overlaying of noise exposure contours onto the map depicting properties
on the surface rests exclusively with the airport operator that
submitted those maps, or with those public agencies and planning
agencies with which consultation is required under section 47503 of the
Act. The FAA has relied on the certification by the airport operator,
under 14 CFR 150.21, that the statutorily required consultation has
been accomplished.
    Copies of the full Noise Exposure Maps and report are available for
examination by appointment at the following location: Federal Aviation
Administration, Orlando Airports District Office, 8427 SouthPark
Circle, 5th Floor, Orlando, Florida 32819. The Noise Exposure Maps and
report are also available for viewing and download at the airport's
website (https://eyw.com/noise-concerns).
    To arrange an appointment to review the Noise Exposure Maps and
report, contact Peter Green, Federal Aviation Administration, Southern
Region/Orlando Airports District Office, 8427 SouthPark Circle, Suite
524, Orlando, FL 32819,<PHONE_NUMBER>. Questions may be directed to
the individual named above under the heading, FOR FURTHER INFORMATION
CONTACT.

    Issued in Orlando Airports District Office, Orlando, FL, on
April 4, 2021.
Bartholomew Vernace,
Manager, FAA/Orlando Airports District Office.
[FR Doc. 2023-07320 Filed 4-6-23; 8:45 am]
BILLING CODE 4910-13-P


<EPA BIOPESTICIDES AND POLLUTION PREVENTION DIVISION COMPANY NOTICE OF
FILING FOR PESTICIDE PETITIONS PUBLISHED IN THE FEDERAL REGISTER

<EPA Biopesticides and Pollution Prevention Division contact: Kimberly
Nesci,<PHONE_NUMBER>>

<SUBMISSION: E-mail the completed template to<EMAIL_ADDRESS>
<TEMPLATE:>

<Andermatt Biocontrol AG>

<PP3F8221

>

<	EPA has received a pesticide petition (3F8221) from Andermatt
Biocontrol AG, Stahlermatten, 6 CH-6146, Grossdietwil, Switzerland
proposing, pursuant to section 408(d) of the Federal Food, Drug, and
Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180.>

<(Options (pick one)>

<	2. to establish an exemption from the requirement of a tolerance for
Bacillus amyloliquefaciens strain FZB42

<(Options (pick one)>

	1. microbial pesticide for Bacillus amyloliquefaciens strain FZB42

<Pursuant to section 408(d)(2)(A)(i) of  FFDCA, as amended, Andermatt
Biocontrol AG has submitted the following summary of information, data,
and arguments in support of their pesticide petition. This summary was
prepared by SciReg, Inc. and EPA has not fully evaluated the merits of
the pesticide petition. The summary may have been edited by EPA if the
terminology used was unclear, the summary contained extraneous material,
or the summary unintentionally made the reader conclude that the
findings reflected EPA’s position and not the position of the
petitioner.>

<I. Andermatt Biocontrol AG Petition Summary>

	3F8221

<A. Product Name and Proposed Use Practices>

<	RhizoVital 42 containing Bacillus amyloliquefaciens strain FZB42 is
being submitted to EPA for registration. It will be applied for
preventive use against major soil-borne diseases on most crops.
Application rates are projected to be up to 28 fl. oz./acre/application;
up to three applications per season are anticipated

>

<B. Product Identity/Chemistry>

<	1. Identity of the pesticide and corresponding residues.

Kingdom:	Bacteria

Phylum:	Firmicutes

Class:		Bacilli

Order:		Bacillales

Family:	Bacillaceae

Genus:	Bacillus

Species:	B. amyloliquefaciens (Gram-positive)

Bacillus amyloliquefaciens is a naturally-occurring, ubiquitous soil
microbe.

Bacillus amyloliquefaciens strain FZB42 was isolated in Germany from
naturally-infected soil. It is not genetically modified. Bacillus
amyloliquefaciens strain FZB42 is intended for preventive use against
major soil-borne diseases on a variety of crops, ornamental plants, and
turf.

<	2. Magnitude of residues at the time of harvest and method used to
determine the residue. No magnitude of residue (MOR) studies have been
conducted with Bacillus amyloliquefaciens strain FZB42 based on the low
toxicity of the active ingredient (see Toxicological Profile). OPPTS
Guideline 885.2000, section f, Background for Residue Analysis of
Microbial Pest Control Agents (MPCA), states:

“The Agency evaluates residue data for MPCAs used on food, feed, or
raw agricultural commodities only if toxic or other harmful properties
were observed in the maximum hazard toxicology tests (Tier I) prescribed
in toxicology test guidelines OPPTS 885.3050 through 885.3650 of this
series. If Tier I toxicology tests indicate no toxic or other harmful
properties, then no residue data (with the general exception of a
monitoring method) would be indicated and thus a recommendation for an
exemption from the requirements of a tolerance can be made.”>

<	3. A statement of why an analytical method of detecting and measuring
the levels of the pesticide residue are not needed. While Bacillus
amyloliquefaciens strain FZB42 residues may be present on treated
food/feed commodities, based on the submitted toxicology data, Bacillus
amyloliquefaciens strain FZB42 is virtually non-toxic and is not
pathogenic. Andermatt Biocontrol AG is, therefore, submitting a petition
to establish an exemption from the requirement of a tolerance and an
analytical method is not required. >

<C. Mammalian Toxicological Profile>

<	The full reports that support this petition and which are summarized
in this section were previously submitted to the Agency by Andermatt
Biocontrol AG in support of registration. Based on the data submitted,
it is established that Bacillus amyloliquefaciens strain FZB42 is
neither toxic, nor pathogenic to humans.

Acute Oral Toxicity/Pathogenicity:

Twenty-four male and 24 female Sprague-Dawley rats were dosed at 5.7x109
CFU/mL of B. amyloliquefaciens strain FZB42. Interim sacrifices were
made on three animals per sex on Days 3, 7, and 14; the remaining
animals were sacrificed on Day 21, the termination of the study. There
were no deaths and all animals appeared normal throughout the entire
study.

Feces and urine samples were collected at 1, 24, 48 and 72 hours and Day
14. Blood, brain, lung, liver, kidney, spleen, lymph nodes, and cecum
content were evaluated on Days 3, 7, 14, and 21 (all other tissues) for
test article-treated animals, untreated control animals, and inactivated
test article-treated animals). By 24 hours after dosing, the test
substance appeared to have cleared from the urine. By Day 14, the test
substance showed a pattern of clearance from the feces.

A mycological summary of these evaluations follows.

Feces samples CFU/g

1 hr	24 hr	48 hr 	72 hr 	Day 14

1.1 x 103	7.1 x 104	7.9 x 102	5.1 x 102	5.6 x 101

Urine samples CFU/g

1 hr	24 hr	48 hr 	72 hr 	Day 14

6.1 x 102	0	0	0	0

Blood: All samples negative for B. amyloliquefaciens

Brain: All samples negative for B. amyloliquefaciens

Lung: All samples negative for B. amyloliquefaciens

Liver: All samples negative for B. amyloliquefaciens

Kidney: All samples negative for B. amyloliquefaciens

Spleen: All samples negative for B. amyloliquefaciens

Lymph nodes: All samples negative for B. amyloliquefaciens

Cecum: All samples negative for B. amyloliquefaciens

Acute Dermal Toxicity:

Ten animals were dosed at 5,000 mg/kg of RhizoVital 42 containing
4.1x1010 CFU/g of B. amyloliquefaciens strain FZB42. No skin reactions
or signs of toxicity were observed. All animals appeared healthy at
necropsy. The LD50 was determined to be greater than 5,000 mg/kg.

Acute Pulmonary Toxicity/Pathogenicity:

Thirty-two male and 32 female Sprague-Dawley rats were assigned as
follows:

5 animals/sex - Group I, Untreated

4 animals/sex - Group II, Shelf Control

5 animals/sex - Group III, Inactive

18 animals/sex – Group IV, Microbial Pest Control Agent (MPCA)

Treated animals were dosed with 1.1x109 CFU/rat of RhizoVital 42.
Interim sacrifices were made on three animals per sex on Days 0 (3 hours
post-application), 3, 7, and 14; the remaining animals were sacrificed
on Day 21, the termination of the study.

There were no deaths and there were no clinical signs noted in any
animal of any group.

Blood, brain, lung, liver, kidney, spleen, cecum contents, and
mesenteric lymph nodes were evaluated on Day 0 (feces only) and Day 3,
7, 14, and 21 (all other tissues) for all animals. A mycological summary
of these evaluations follows.

Blood: All samples negative for B. amyloliquefaciens

Brain: All samples negative for B. amyloliquefaciens

Lung: All samples negative for B. amyloliquefaciens, except for one
female on Day 3

Liver: All samples negative for B. amyloliquefaciens

Kidney: All samples negative for B. amyloliquefaciens

Spleen: All samples negative for B. amyloliquefaciens, except for one
male on Day 3

Mesenteric Lymph nodes: All samples negative for B. amyloliquefaciens

Cecum contents: All samples negative for B. amyloliquefaciens

Eye Irritation:

Three rabbits were dosed with 0.1 mL (4.1x1010 CFU/g) of RhizoVital 42.
No irritation or other clinical signs were observed. RhizoVital 42 is
considered to be non-irritating.

Dermal Irritation:

Three rabbits were each dosed with a semi-occlusive liquid patch of 0.5
mL of RhizoVital 42 for 4 hours. The test substance contained containing
4.1x1010  CFU/g of B. amyloliquefaciens strain FZB42. Grade 1 erythema
was observed in all animals 60 minutes after patch removal. No clinical
signs were observed 2 hours after patch removal. RhizoVital 42 is
considered to be virtually non-irritating.

Hypersensitivity Incidents:

No reports of hypersensitivity have been associated with Bacillus
amyloliquefaciens strain FZB42.>

Acute Intravenous Toxicity/Pathogenicity:

Twenty-five male and 25 female Sprague Dawley rats were assigned as
follows:

5 animals/sex - Group I, Untreated

5 animals/sex - Group II, Inactive MPCA

15 animals/sex - Group III, MPCA

Group II and Group III animals were dosed with 0.1 mL of RhizoVital 42
intravenously via tail vein. The suspension was prepared so as to
contain 3.0x109 CFU/rat. Interim sacrifices were made on three animals
per sex on Days 3, 7, 14 and 21; the remaining animals were sacrificed
on Day 28, the termination of the study. There were no deaths and there
were no clinical signs noted in any animal of any group.

Blood, brain, lung, liver, kidney, spleen, cecum contents, and
mesenteric lymph nodes were evaluated on Day 0 (blood only) and Day 3,
7, 14, and 21 (all other tissues) for MPCA treated animals. A
mycological summary of these evaluations follows.

Blood: By Day 3, the test substance showed a pattern of clearance. All
samples negative for B. amyloliquefaciens on Day 21.

Brain: By Day 14, the test substance showed a pattern of clearance. All
samples negative for B. amyloliquefaciens on Day 21.

Lung: On Day 21, all samples were negative for B. amyloliquefaciens
except for one male.

Liver: By Day 21, the test substance showed a pattern of clearance.

Kidney: By Day 21, the test substance showed a pattern of clearance.

Spleen: By Day 21, the test substance showed a pattern of clearance.

Mesenteric lymph nodes: By Day 21, the test substance showed a pattern
of clearance.

Cecum contents: By Day 21, the test substance showed a pattern of
clearance.

<D. Aggregate Exposure>

The potential for non-occupational, dietary, and non-dietary exposure to
Bacillus amyloliquefaciens strain FZB42 by the general population,
including infants and children, is likely through ingestion of treated
crops.

<	1. Dietary exposure.

<	i. Food. Dietary exposure to Bacillus amyloliquefaciens strain FZB42
should not be of concern due to the low toxicity shown across the entire
toxicological profile (see above).>

<	ii. Drinking water. Bacillus amyloliquefaciens is not likely to be
present in aquatic environments at significant levels, since it is not
known to inhabit such environments. Anticipated agricultural practice
prohibits direct application of the end-use product directly to water
and natural environmental filtration processes, such as soil and
vegetation, further limit aquatic exposure. Additionally, the label
requires the product to be immediately watered in after application, so
that the microbes are able reach the root zones of the target plants.>

<	2. Non-dietary exposure. Non-dietary exposure to Bacillus
amyloliquefaciens strain FZB42 will be much more likely through handling
by formulators and applicators, but in light of the subject strain’s
toxicological profile, should be of little concern. Although the
organism is ubiquitous, levels of exposure in broad segments of the
world’s population has not resulted in any significant reported
adverse effects.>

<E. Cumulative Effects>

<	Section 408(b)(2) of the FFDCA requires that, when considering whether
to establish an exemption from a tolerance, the Agency consider
available information concerning the cumulative effects of the
particular ingredient’s residues and other substances that have a
common mechanism of toxicity. These considerations include the possible
cumulative effects of such residues on infants and children. Bacillus
species are naturally-occurring, ubiquitous soil microbes. Bacillus
amyloliquefaciens strain FZB42 is neither toxic, nor pathogenic. The
end-use product, RhizoVital 42, is used preventively against major
soil-borne diseases on most crops through suppressive action. This
passive mode of action does not have a common chemical-based mechanism
of toxicity as can sometimes be found with typical organic chemicals.>

<F. Safety Determination>

<	1. U.S. population. Bacillus amyloliquefaciens strain FZB42 exhibits
low mammalian toxicity/pathogenicity, as demonstrated by the submitted
toxicology studies and summarized in the toxicological ical profile.
When Bacillus amyloliquefaciens strain FZB42 is used on raw agricultural
commodities in accordance with good agricultural practice, it meets the
reasonable certainty of no harm requirement.>

<	2. Infants and children. It is believed that the potential exposure of
infants and children to residues of Bacillus amyloliquefaciens strain
FZB42 through their use to protect crops from diseases is no greater
than that of the general population. Available information does not
suggest that infants and children are more susceptible to Bacillus
amyloliquefaciens strain FZB42 than are adults.>

<G. Effects on the Immune and Endocrine Systems>

<	Extensive literature searches and review of the Bacillus
amyloliquefaciens strain FZB42 toxicity/pathogenicity data indicate
there is no evidence that this strain is an endocrine disruptor or that
it has any known effect on immune systems.>

<H. Existing Tolerances>

<	There are no known agricultural tolerances or tolerance exemptions for
Bacillus amyloliquefaciens strain FZB42.>

<I. International Tolerances>

<	There are no known international tolerances for Bacillus
amyloliquefaciens strain FZB42.>

 PAGE

 PAGE   2


[Federal Register Volume 76, Number 220 (Tuesday, November 15, 2011)]
[Rules and Regulations]
[Pages 70644-70647]
[FR Doc No: 2011-29398]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2011-1011]
RIN 1625-AA08

Special Local Regulations; Seminole Hard Rock Winterfest Boat
Parade, New River and Intracoastal Waterway, Fort Lauderdale, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing special local regulations on
the waters of the New River and the Intracoastal Waterway in Fort
Lauderdale, Florida during the Seminole Hard Rock Winterfest Boat
Parade on Saturday, December 10, 2011. The marine parade will consist
of approximately 120 vessels. The marine parade will begin at Cooley's
Landing Marina and end at Lake Santa Barbara. From Cooley's Landing
Marina, the marine parade will transit east on the New River, then head
north on the Intracoastal Waterway to Lake Santa Barbara. These special
local regulations are necessary to provide for the safety of life on
navigable waters during the marine parade. The special local
regulations consist of a series of moving buffer zones around
participant vessels as they transit from Cooley's Landing Marina to
Lake Santa Barbara. Persons and vessels that are not participating in
the marine parade are prohibited from entering, transiting through,
anchoring in, or remaining within any of the buffer zones unless
authorized by the Captain of the Port Miami or a designated
representative.

DATES: This rule is effective from 2:30 p.m. until 11:30 p.m. on
December 10, 2011.

ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket USCG-2011-1011 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-1011 in the
``Keyword'' box, and then clicking ``Search.'' This material is also
available for inspection or copying at the Docket Management Facility
(M-30), U.S. Department of Transportation, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email Lieutenant Jennifer S. Makowski,
Sector Miami Prevention Department, Coast Guard; telephone (305) 535-
8724, email<EMAIL_ADDRESS>If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard did not receive
necessary information about the Seminole Hard Rock Winterfest Boat
Parade with sufficient time to publish an NPRM and to receive public
comments prior to the

event. Any delay in the effective date of this rule would be contrary
to the public interest because immediate action is needed to minimize
potential danger to marine parade participants, participant vessels,
spectators, and the general public.

Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233.
    The purpose of the rule is to insure safety of life on the
navigable waters during the Seminole Hard Rock Winterfest Boat Parade.

Discussion of Rule

    On December 10, 2011, Winterfest, Inc., is hosting the Seminole
Hard Rock Winterfest Boat Parade on the New River and the Intracoastal
Waterway in Fort Lauderdale, Florida. The marine parade will consist of
approximately 120 vessels. The marine parade will begin at Cooley's
Landing Marina and transit east on the New River, then head north on
the Intracoastal Waterway to Lake Santa Barbara. Although this event
occurs annually, and special local regulations have been promulgated in
the Code of Federal Regulations at 33 CFR 100.701, these regulations do
not provide for special local regulations in the New River, nor do they
provide sufficient detail regarding the special local regulations that
will be enforced during the marine parade. Therefore, the special local
regulations set forth in 33 CFR 100.701 are inapplicable for this
year's Seminole Hard Rock Winterfest Boat Parade.
    The special local regulations consist of a series of buffer zones
around vessels participating in the Seminole Hard Rock Winterfest Boat
Parade. These buffer zones are as follows: (1) All waters within 75
yards of the lead marine parade vessel; (2) all waters within 75 yards
of the last marine parade vessel; and (3) all waters within 50 yards of
all other marine parade vessels. Notice of the special local
regulations, including the identities of the lead marine parade vessel
and the last marine parade vessel, will be provided prior to the marine
parade by Local Notice to Mariners and Broadcast Notice to Mariners.
These special local regulations will be enforced from 2:30 p.m. until
11:30 p.m. on December 10, 2011. Persons and vessels are prohibited
from entering, transiting through, anchoring, or remaining within the
buffer zones unless authorized by the Captain of the Port Miami or a
designated representative. Persons and vessels desiring to enter,
transit through, anchor in, or remain within any of the buffer zones
may contact the Captain of the Port Miami by telephone at (305) 535-
4472, or a designated representative via VHF radio on channel 16, to
request authorization. If authorization to enter, transit through,
anchor in, or remain within any of the buffer zones is granted by the
Captain of the Port Miami or a designated representative, all persons
and vessels receiving such authorization must comply with the
instructions of the Captain of the Port Miami or a designated
representative.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    Executive Orders 13563, Regulatory Planning and Review, and 12866,
Improving Regulation and Regulatory Review, direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a significant regulatory
action under section 3(f) of Executive Order 12866. Accordingly, the
Office of Management and Budget has not reviewed this regulation under
Executive Order 12866.
    The economic impact of this rule is not significant for the
following reasons: (1) The special local regulations will be enforced
for nine hours; (2) although persons and vessel will not be able to
enter, transit through, anchor in, or remain within the buffer zones
without authorization from the Captain of the Port Miami or a
designated representative, they may operate in the surrounding area
during the enforcement period; (3) persons and vessels may still enter,
transit through, anchor in, or remain within the buffer zones if
authorized by the Captain of the Port Miami or a designated
representative; and (4) the Coast Guard will provide advance
notification of the special local regulations to the local maritime
community by Local Notice to Mariners and Broadcast Notice to Mariners.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
enter, transit through, anchor in, or remain within that portion of the
New River and the Intracoastal Waterway encompassed within the special
local regulations from 2:30 p.m. until 11:30 p.m. on December 10, 2011.
For the reasons discussed in the Regulatory Planning and Review section
above, this rule will not have a significant economic impact on a
substantial number of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-(888) 734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

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

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

    This rule does not have Tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(h), of
the Instruction. This rule involves special local regulations issued in
conjunction with a marine parade. Under figure 2-1, paragraph (34)(h),
of the Instruction, an environmental analysis checklist and a
categorical exclusion determination are not required for this rule.

List of Subjects in 33 CFR Part 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. Add temporary Sec.  100.35T07-1011 to read as follows:

Sec.  100.35T07-1011  Special Local Regulations; Seminole Hard Rock
Winterfest Boat Parade, New River and Intracoastal Waterway, Fort
Lauderdale, FL.

    (a) Regulated Areas. The following buffer zones are regulated areas
during the Seminole Hard Rock Winterfest Boat Parade:
    (1) All waters within 75 yards of the lead marine parade vessel;
    (2) All waters within 75 yards of the last marine parade vessel;
and
    (3) All waters within 50 yards of all other marine parade vessels.
The identities of the lead marine parade vessel and the last marine
parade vessel will be provided prior to the marine parade by Local
Notice to Mariners and Broadcast Notice to Mariners. The marine parade
will begin at Cooley's Landing Marina and end at Lake Santa Barbara.
From Cooley's Landing Marina, the marine parade will transit east on
the New River, then head north on the Intracoastal Waterway to Lake
Santa Barbara.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Miami in the enforcement of the regulated areas.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated areas unless authorized by the Captain of the Port Miami or a
designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated areas may contact the Captain of the
Port Miami by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated areas is granted by the Captain of the Port Miami or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Miami or a designated representative.
    (3) The Coast Guard will provide notice of the regulated areas by
Local

Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
    (c) Enforcement Date. This rule will be enforced from 2:30 p.m.
until 11:30 p.m. on December 10, 2011.

    Dated: October 27, 2011.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2011-29398 Filed 11-14-11; 8:45 am]
BILLING CODE 9110-04-P


MEMORANDUM TO: 3848.241 file FROM: Craig Simons, DPRA DATE: November 1, 1999 SUBJ: Record of communication with Dearborn Brass (I did not get a name). (903 877 3468)

I called to ask about the minimum charge assumptions they experienced in handling F006. According to the 1995 BRS they generate about 20 tons per year. They recycle at least part to World Resources (the 1995 BRS indicated that they went to Alpha Omega).

They have the recycler pick up the material, and consequently do not face any minimum charges. He was somewhat hesitant to talk so I did not ask how much they had to pay. He did indicate that they got pickups several times per quarter– not sure why– possibly multiple waste streams.

He did note that when they were taking the material to Alpha Omega they paid a transport charge (his terminology) of $400. He noted that Alpha Omega was only about 20 25 miles away.


[Federal Register Volume 77, Number 199 (Monday, October 15, 2012)]
[Notices]
[Pages 62511-62512]
[FR Doc No: 2012-25205]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Revised Restricted Service List for a Programmatic
Agreement

BOST3 Hydroelectric LLC................  Project No. 12756-003--
                                          Louisiana, Red River Lock &
                                          Dam No. 3, Hydroelectric
                                          Project.
BOST4 Hydroelectric LLC................  Project No. 12757-004--
                                          Louisiana, Red River Lock &
                                          Dam No. 4, Hydroelectric
                                          Project.
BOST5 Hydroelectric LLC................  Project No. 12758-004--
                                          Louisiana, Red River Lock &
                                          Dam No. 5, Hydroelectric
                                          Project.

    Rule 2010 of the Federal Energy Regulatory Commission's
(Commissions) Rules of Practice and Procedure, 18 CFR 385.2010,
provides that, to eliminate unnecessary expense or improve
administrative efficiency, the Secretary may establish a restricted
service list for a particular phase or issue in a proceeding. The
restricted service list should contain the names of persons on the
service list who, in the judgment of the decisional authority
establishing the list, are active participants with respect to the
phase or issue in the proceeding for which the list is established.
    The Commission staff is consulting with the Louisiana State
Historic Preservation Officer (Louisiana SHPO) and the Advisory Council
on Historic Preservation (Advisory Council) pursuant to the Advisory
Council's regulations, 36 CFR Part 800, implementing section 106 of the
National Historic Preservation Act as amended (16 U.S.C. 470f), to
prepare a programmatic agreement for managing properties included in,
or eligible for inclusion in, the National Register of Historic Places
that could be affected by issuance of licenses for the Red River Lock &
Dam No. 3, the Red River Lock & Dam No. 4, and the Red River Lock & Dam
No. 5 projects.
    The programmatic agreement, when executed by the Commission, the
Louisiana SHPO, and the Advisory Council would satisfy the Commission's
section 106 responsibilities for all individual undertakings carried
out in accordance with the licenses until the licenses expire or are
terminated (36 CFR 800.13(e)).
    On April 19, 2012, the Commission staff established a restricted
service list for the Red River Lock & Dam No. 3, the Red River Lock &
Dam No. 4, and the Red River Lock & Dam No. 5 projects. On October 3,
2012, the Caddo Nation requested to be added to the restricted

service list. The restricted service list is supplemented to include:
``Robert Cast or Representative, Caddo Nation, P.O. Box 487, Binger, OK
73009.''

    Dated: October 5, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-25205 Filed 10-12-12; 8:45 am]
BILLING CODE 6717-01-P