[Federal Register Volume 84, Number 194 (Monday, October 7, 2019)]
[Notices]
[Pages 53548-53550]
[FR Doc No: 2019-21734]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87183; File No. SR-CBOE-2019-065]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change to Move
the Rules in Chapter XVIII, Which Governs Exchange Arbitrations, of the
Currently Effective Rulebook to Proposed Chapter 14 of the Shell
Structure for the Exchange's Rulebook

October 1, 2019.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on September 25, 2019, Cboe Exchange, Inc. (the ``Exchange'' or
``Cboe Options'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
and II, below, which Items have been prepared by the Exchange. The
Exchange filed the proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule
19b-4(f)(6) thereunder.\4\ The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to move the Rules in Chapter XVIII, which governs Exchange
arbitrations, of the currently effective Rulebook (``current
Rulebook'') to proposed Chapter 14 of the shell structure for the
Exchange's Rulebook that will become effective upon the migration of
the Exchange's trading platform to the same system used by the Cboe
Affiliated Exchanges (as defined below) (``shell Rulebook''). The text
of the proposed rule change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    In 2016, the Exchange's parent company, Cboe Global Markets, Inc.
(formerly named CBOE Holdings, Inc.) (``Cboe Global''), which is also
the parent company of Cboe C2 Exchange, Inc. (``C2''), acquired Cboe
EDGA Exchange, Inc. (``EDGA''), Cboe EDGX Exchange, Inc. (``EDGX'' or
``EDGX Options''), Cboe BZX Exchange, Inc. (``BZX'' or ``BZX
Options''), and Cboe BYX Exchange, Inc. (``BYX'' and, together with
Cboe Options, C2, EDGX, EDGA, and BZX, the ``Cboe Affiliated
Exchanges''). The Cboe Affiliated Exchanges are working to align
certain system functionality, retaining only intended differences,
between the Cboe Affiliated Exchanges, in the context of a technology
migration. Cboe Options intends to migrate its trading platform to the
same system used by the Cboe Affiliated Exchanges, which the Exchange
expects to complete on October 7, 2019. In connection with this
technology migration, the Exchange has a shell Rulebook that resides
alongside its current Rulebook, which shell Rulebook will contain the
Rules that will be in place upon completion of the Cboe Options
technology migration.
    The Exchange proposes to relocate current Chapter XVIII which
governs arbitrations, to proposed Chapter 14 in the shell Rulebook. The
Exchange notes that in addition to relocating the arbitration rules to
proposed shell Chapter 14, the proposed rule change deletes the rules
from the current Rulebook. The proposed rule change relocates the rules
as follows:

------------------------------------------------------------------------
               Shell rule                          Current rule
------------------------------------------------------------------------
        Chapter 14. Arbitration             Chapter XVIII. Arbitration
------------------------------------------------------------------------
14.1 Matters Subject to Arbitration....  18.1 Matters Subject to
                                          Arbitration.
14.2 FINRA Jurisdiction over             18.1A FINRA Jurisdiction over
 Arbitrations Against TPHs.               Arbitrations Against TPHs.
14.3 Procedures in TPH Controversies...  18.2 Procedures in TPH
                                          Controversies.
14.4 Arbitration.......................  18.3 Arbitration.
14.5 Class Action Claims...............  18.3A Class Action Claims.
14.6 Simplified Arbitration............  18.4 Simplified Arbitration.
14.7 Waiver of Hearing.................  18.5 Waiver of Hearing.
14.8 Time Limitation upon Submission...  18.6 Time Limitation upon
                                          Submission.
14.9 Dismissal or Termination of         18.7 Dismissal or Termination
 Proceedings.                             of Proceedings.
14.10 Settlements......................  18.8 Settlements.
14.11 Tolling of Time Limitation(s) for  18.9 Tolling of Time
 the Institution of Legal Proceedings     Limitation(s) for the
 and Extension of Time Limitation(s)      Institution of Legal
 for Submission to Arbitration.           Proceedings and Extension of
                                          Time Limitation(s) for
                                          Submission to Arbitration.
14.12 Designation of Number of           18.10 Designation of Number of
 Arbitrators.                             Arbitrators.
14.13 Notice of Selection of             18.11 Notice of Selection of
 Arbitrators.                             Arbitrators.
14.14 Challenges.......................  18.12 Challenges.
14.15 Disclosures Required of            18.13 Disclosures Required of
 Arbitrators.                             Arbitrators.
14.16 Disqualification or Other          18.14 Disqualification or Other
 Disability of Arbitrators.               Disability of Arbitrators.
14.17 Initiation of Proceedings........  18.15 Initiation of
                                          Proceedings.
14.18 Designation of Time and Place of   18.16 Designation of Time and
 Hearings.                                Place of Hearings.

14.19 Representation by Counsel........  18.17 Representation by
                                          Counsel.
14.20 Attendance at Hearings...........  18.18 Attendance at Hearings.
14.21 Failure to Appear................  18.19 Failure to Appear.
14.22 Adjournments.....................  18.20 Adjournments.
14.23 Acknowledgement of Pleadings.....  18.21 Acknowledgement of
                                          Pleadings.
14.24 General Provisions Governing Pre-  18.22 General Provisions
 Hearing Proceeding.                      Governing Pre-Hearing
                                          Proceeding.
14.25 Evidence.........................  18.24 Evidence.
14.26 Interpretation of Code and         18.25 Interpretation of Code
 Enforcement of Arbitrator Rulings.       and Enforcement of Arbitrator
                                          Rulings.
14.27 Determinations of Arbitrators....  18.26 Determinations of
                                          Arbitrators.
14.28 Record of Proceedings............  18.27 Record of Proceedings.
14.29 Oaths of the Arbitrators and       18.28 Oaths of the Arbitrators
 Witnesses.                               and Witnesses.
14.30 Amendments.......................  18.29 Amendments.
14.31 Reopening of Hearings............  18.30 Reopening of Hearings.
14.32 Awards...........................  18.31 Awards.
14.33 Miscellaneous....................  18.32 Miscellaneous.
14.34 Schedule of Fees.................  18.33 Schedule of Fees.
14.35 Requirements when Using Pre-       18.35 Requirements when Using
 Dispute Arbitration Agreements with      Pre-Dispute Arbitration
 Customers.                               Agreements with Customers.
14.36 Failure to Honor Award...........  18.37 Failure to Honor Award.
------------------------------------------------------------------------

    The proposed changes are of a non-substantive nature and will not
amend the relocated rules other than to update their numbers, conform
paragraph structure and number/lettering format to that of the shell
Rulebook, and make cross-reference changes to shell rules.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\5\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \6\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \7\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
    \7\ Id.
---------------------------------------------------------------------------

    As stated, the proposed rule change makes no substantive changes to
the rules. The proposed rule change is merely intended to relocate the
Exchange's rules to the shell Rulebook and update their numbers,
paragraph structure, including number and lettering format, and cross-
references to conform to the shell Rulebook as a whole in anticipation
of the technology migration on October 7, 2019. As such, the proposed
rule change is designed to promote just and equitable principles of
trade, to remove impediments to and perfect the mechanism of a free and
open market and a national market system, and, in general to protect
investors and the public interest, by improving the way the Exchange's
Rulebook is organized, making it easier to read, and, particularly,
helping market participants better understand the rules of the
Exchange, which will also result in less burdensome and more efficient
regulatory compliance.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The proposed rule change is not
intended as a competitive change, but rather, seeks to make non-
substantive rule changes in relocating the rules and updating cross-
references to shell rules in anticipation of the October 7, 2019
technology migration. The Exchange also does not believe that the
proposed rule change will impose any undue burden on competition
because the relocated rule text is exactly the same as the Exchange's
current rules, all of which have all been previously filed with the
Commission.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange neither solicited nor received comments on the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-
4(f)(6) thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
Because this proposal does not make any substantive changes to the
rules but only moves them into the shell Rulebook, the Commission
designates a shorter time under Rule 19b-4(f)(6)(iii) by waiving the
five business prefiling period for this proposal.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \10\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \11\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked

the Commission to waive the 30-day operative delay. The Exchange
believes that waiver of the operative delay is appropriate because, as
the Exchange discussed above, its proposal does not make any
substantive changes to the Exchange Rules, but merely relocates
arbitration rules to the shell Rulebook that the Exchange wishes to
maintain post migration. Accordingly, its proposal is designed to
preserve its arbitration rules after October 7, 2019. The Commission
believes that waiver of the 30-day operative delay is consistent with
the protection of investors and the public interest because the
proposal does not raise any new or novel issues and does not make any
substantive changes to the rules. Therefore, the Commission hereby
waives the operative delay and designates the proposal as operative
upon filing.\12\
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    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
    Electronic Comments:
     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2019-065 on the subject line.
    Paper Comments:
     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

    All submissions should refer to File Number SR-CBOE-2019-065. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CBOE-2019-065 and should be submitted on
or before October 28, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-21734 Filed 10-4-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: February 7, 2007 (Volume 72, Number 25)]
[Notices]
[Page 5685]
[DOCID:fr07fe07-52]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-152-000]

El Paso Natural Gas Company; Notice of Proposed Changes in FERC
Gas Tariff

February 1, 2007.
    Take notice that on January 29, 2007, El Paso Natural Gas Company
tendered for filing as part of its FERC Gas Tariff, Second Revised
Volume No. 1A, Fourteenth Revised Sheet No. 2 to become effective March
1, 2007, a Rate Schedule FT-1 transportation service agreement (TSA),
two Rate Schedule FT-H TSAs and one Rate Schedule OPAS agreement all
with Salt River Project Agricultural Improvement and Power District.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

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

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E7-2020 Filed 2-6-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 92 (Monday, May 15, 2017)]
[Notices]
[Pages 22382-22384]
[FR Doc No: 2017-09737]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-26601; FMCSA-2009-0115; FMCSA-2011-0080; FMCSA-
2011-0093; FMCSA-2011-0103; FMCSA-2013-0015; FMCSA-2013-0016; FMCSA-
2013-0017; FMCSA-2015-0058; FMCSA-2015-0059]

Qualification of Drivers; Exemption Applications; Diabetes

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

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew the exemptions of 145
individuals from its rule prohibiting persons with insulin-treated
diabetes mellitus (ITDM) from operating commercial motor vehicles
(CMVs) in interstate commerce. FMCSA has statutory authority to exempt
individuals from this rule if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent to
or greater than the level of safety maintained without the exemptions
for these CMV drivers.

DATES: Each group of renewed exemptions are effective from the dates
stated in the discussions below. Comments must be received on or before
June 14, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. FMCSA-2006-26601; FMCSA-
2009-0115; FMCSA-2011-0080; FMCSA-2011-0093; FMCSA-2011-0103; FMCSA-
2013-0015; FMCSA-2013-0016; FMCSA-2013-0017; FMCSA-2015-0058; FMCSA-
2015-0059 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; 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: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System (FDMS) published in the Federal Register on January
17, 2008 (73 FR 3316).

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113,
Washington, DC 20590-0001. Office hours are from 8 a.m. to 5:30 p.m.
e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the Federal Motor Carrier Safety Regulations 2-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to or greater than the level that would be achieved absent
such exemption.'' The statute also allows the Agency to renew
exemptions at the end of the 2-year period. The 145 individuals listed
in this notice have recently become eligible for a renewed exemption
from the diabetes prohibition in 49 CFR 391.41(b)(3), which applies to
drivers of CMVs in interstate commerce. The drivers remain in good
standing with the Agency, have maintained their

required medical monitoring and have not exhibited any medical issues
that would compromise their ability to safely operate a CMV during the
previous 2-year exemption period.

II. Exemption Decision

    This notice addresses 145 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. These 145 drivers
remain in good standing with the Agency, have maintained their required
medical monitoring and have not exhibited any medical issues that would
compromise their ability to safely operate a CMV during the previous 2-
year exemption period. Therefore, FMCSA has decided to extend each
exemption for a renewable two-year period. Each individual is
identified according to the renewal date.
    The exemptions are renewed subject to the following conditions: (1)
That each individual submit a quarterly monitoring checklist completed
by the treating endocrinologist as well as an annual checklist with a
comprehensive medical evaluation; (2) that each individual reports
within 2 business days of occurrence, all episodes of severe
hypoglycemia, significant complications, or inability to manage
diabetes; also, any involvement in an accident or any other adverse
event in a CMV or personal vehicle, whether or not it is related to an
episode of hypoglycemia; (3) that each individual submit an annual
ophthalmologist's or optometrist's report; and (4) that each individual
provide a copy of the annual medical certification to the employer for
retention in the driver's qualification file, or keep a copy in his/her
driver's qualification file if he/she is self-employed. The driver must
also have a copy of the certification when driving, for presentation to
a duly authorized Federal, State, or local enforcement official.

III. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. The following groups of
drivers received renewed exemptions in the month of June and are
discussed below.
    As of June 2, 2017, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 11 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce. (76 FR 20073; 76 FR
32015):

Donovan A. Bloomfield (MA), Kyle T. Brewer (NE) Rastus A. Bryant, Jr.
(SC), Daniel J. Cahalan (WV), C. Shawn Fox (OH) Brad S. Gray (MD), Troy
M. Keller (PA) Edmond D. Kilmartin III (MI), Michael G. Moseley (NC),
Francisco M. Torres (NM), Mark H. Wilcox (MN).

    The drivers were included in Docket No. FMCSA-2011-0080. Their
exemptions are effective as of June 2, 2017, and will expire on June 2,
2019.
    As of June 6, 2017, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 21 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce. (80 FR 26133; 80 FR
60743):

Robert L. Adams (GA), Steven D. Beale (WA), Kevin N. Bigham (PA), Eric
B. Bratanich (WI), Jeffry L. Bromby (CA), Joel R. Currie (MN), George
C. Druzak (PA), William L. Duncan (FL), Leland R. Frazier, Jr. (GA),
Louis E. Graves (MS), Loren G. Howard (AK), John A. Irwin (IL), Marvin
T. Kruse (SD), Richard L. Langdon (NY), Amanda K. Perez-Littleton (NM),
Michael J. Peterson (MN), Thomas E. Ringstaff, Jr. (OH), Milton E.
Sullivan (VA), John E. Vee (IA), Russell A. Wilkins (VA), David A.
Wolff (NY).

    The drivers were included in Docket No. FMCSA-2015-0058. Their
exemptions are effective as of June 6, 2017, and will expire on June 6,
2019.
    As of June 8, 2017, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 19 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce. (72 FR 12656; 72 FR
31875):

David M. Beard (CO), David R. Burton (WY), Esko G. Cate (WA), Stephen
R. Clemens (MI), Johnny W. Corbin (KY), Mark K. Eaton (MN), Chad L.
Erickson (WA), Kendal B. Heath (NC), Jon D. Huntsinger (SD), Robbie L.
Jones (IN), Lucas J. Jordon (FL), Murl R. Kimmel (IL), Michael G.
McIntosh (WA), Judith A. Neel (IN), Danny E. Norment (TN), Samuel N.
Prindle (IL), Mark W. Sadowski (IN), Thomas M. Sandahl (WI) Anthony
Ybarra (MN).

    The drivers were included in Docket No. FMCSA-2006-26601. Their
exemptions are effective as of June 8, 2017, and will expire on June 8,
2019.
    As of June 11, 2017, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 41 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce. (78 FR 20381; 78 FR
35088; 80 FR 26979; 80 FR 45575):

Donald J. Barber II (FL), Kenneth V. Bartlett (PA), Derek A. Becker
(IL), Robert J. Boardwick (NJ), Robert E. Clark, Jr. (VA), Robert G.
Costa (NJ), Thomas J. Cummings (IA), Gary E. Davidge (MD), Stephen L.
Drake (TX), David E. Goddard, Jr. (WV), William J. Hannan, 3rd (NJ),
David H. Heins (IL), Korry W. Hullinger (UT), Daniel A. Johns (PA),
James V. Kuhns, Jr. (PA), Craig C. Leckie (OR), Robert T. Lee (WI),
Tyler S. Lewis (AK), Zackery L. Lowe (AK), Gary D. MacFarlane (ME),
Edward W. Masser (PA), David J. Mathews (MN), Brian L. Merlo (CA),
Brian K. Miesner (MO), Terrance M. Morrisette (MN), Patrick S. Murray
(OK), Shane J. Nesheim (WI), Lisa R. Olson (MT), Kevin J. Riedl (WI),
Richard E. Roberts (NC), Stephen D. Sandine (AR), Jeremy D. Schroeder
(OH), Jerry G. Severson, Jr. (IL), Richard J. Tallen (IN), Brett E.
Thein (GA), Kelly R. Troll (MN), Ryan R. Turnbull (NY), Jonathan
Walston (IA), Graciano Wharton-Ramirez (NJ), Rick G. White (WA),
Randall L. Williamson (IL).

    The drivers were included in one of the following docket Nos:
FMCSA-2013-0015; FMCSA-2015-0059. Their exemptions are effective as of
June 11, 2017, and will expire on June 11, 2019.
    As of June 12, 2017, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 9 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce. (74 FR 19271; 74 FR
28096):

Edward E. Back III (VA), Aaron Bailey (MA), George E. Hardman (GA),
Brian K. Moore (TN), Zachary T. Patton (AZ), Terry L. Robinett (AR),
Scot J. Suhr (IN), Kenneth R. Walker (TN), Blake A. Woolman (MO).

    The drivers were included in Docket No. FMCSA-2009-0115. Their
exemptions are effective as of June 12, 2017, and will expire on June
12, 2019.
    As of June 20, 2017, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 25 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce. (78 FR 22599; 78 FR
24795; 78 FR 37272; 78 FR 37273):

Willie J. Brock (MO), Roger S. Davis (PA), Edgar I. Duque (NY), Kevin
J. Fuller (MI), Kevin D. Gentes (IL), John M. Hawk (MN), Joel M. Jock
(VA), Michal J. Makwinski (NJ), James S.

Marunczak (PA), Michael J. Moynihan (NH), William A. Nearhood (PA),
Fernand L. Poulin (NH), James A. Pruitt (GA), Tony E. Pullen (IN),
Michael M. Sanchez (NM), Joseph Sawicki, III (NY), Nathaniel Scales Jr.
(DE), Michael Schrock III (TN), Jimmy W. Scroggins (AR), Michael
Steinman (PA), Mark A. Stromberg (MN), Christopher T. Thieneman (KY),
Daniel J. Wagner (TX), Andrew J. White (IA), Michael D. Ziegler (PA).

    The drivers were included in docket No. FMCSA-2013-0016; FMCSA-
2013-0017. Their exemptions are effective as of June 20, 2017, and will
expire on June 20, 2019.
    As of June 24, 2017, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 12 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce. (76 FR 25769; 76 FR
37171):

John C. Beason, Jr. (TN), Adam R. Errickson (NJ), Jon M. Greiner (MN),
Gregory M. Hoyt (VT), Robert E. Jackson (NC), Kimm D. Jacobson (MN),
Daryl D. Jibben (MN), Jimmy G. Lee, Jr. (NC), Daniel S. May (IA),
Gerald D. McElya (TX), Donald B. Ramaley (PA), Floyd M. Tyler (PA).

    The drivers were included in docket No. FMCSA-2011-0103. Their
exemptions are effective as of June 24, 2017, and will expire on June
24, 2019.
    As of June 28, 2017, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 7 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce. (76 FR 21792; 76 FR
37882):

Terry J. Johnson (MN), Todd L. McAuley (NC), Stephen A. Miles (OH),
Edgar M. Ridlon, Jr. (VT), Andrew M. Schutt (IL), John W. Wortman (WI),
Kemlyn K. Yowell (OH).

    The drivers were included in docket No. FMCSA-2011-0093. Their
exemptions are effective as of June 28, 2017, and will expire on June
28, 2019.
    Each of the 145 drivers in the aforementioned groups qualifies for
a renewal of the exemption. They have maintained their required medical
monitoring and have not exhibited any medical issues that would
compromise their ability to safely operate a CMV during the previous 2-
year exemption period.
    These factors provide an adequate basis for predicting each
driver's ability to continue to drive safely in interstate commerce.
Therefore, FMCSA concludes that extending the exemption for each of the
145 drivers for a period of two years is likely to achieve a level of
safety equal to that existing without the exemption. The drivers were
included in docket numbers FMCSA-2006-26601; FMCSA-2009-0115; FMCSA-
2011-0080; FMCSA-2011-0093; FMCSA-2011-0103; FMCSA-2013-0015; FMCSA-
2013-0016; FMCSA-2013-0017; FMCSA-2015-0058; FMCSA-2015-0059.

IV. Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by June 14, 2017.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 145 individuals from rule
prohibiting persons with ITDM from operating CMVs in interstate
commerce in 49 CFR 391.41(b)(3). The final decision to grant an
exemption to each of these individuals was made on the merits of each
case and made only after careful consideration of the comments received
to its notices of applications. The notices of applications stated in
detail the medical condition of each applicant for an exemption from
rule prohibiting persons with ITDM from operating CMVs in interstate
commerce. That information is available by consulting the above cited
Federal Register publications.
    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

V. Submitting Comments

    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 that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket numbers FMCSA-2006-26601; FMCSA-
2009-0115; FMCSA-2011-0080; FMCSA-2011-0093; FMCSA-2011-0103; FMCSA-
2013-0015; FMCSA-2013-0016; FMCSA-2013-0017; FMCSA-2015-0058; FMCSA-
2015-0059 and click the search button. When the new screen appears,
click on the blue ``Comment Now!'' button on the right hand side of the
page. On the new page, enter information required including the
specific section of this document to which each comment applies, and
provide a reason for each suggestion or recommendation. If you submit
your comments by mail or hand delivery, submit them in an unbound
format, no larger than 8\1/2\ by 11 inches, suitable for copying and
electronic filing. If you submit comments by mail and would like to
know that they reached the facility, please enclose a stamped, self-
addressed postcard or envelope.
    We will consider all comments and material received during the
comment period. FMCSA may issue a final determination at any time after
the close of the comment period.

VI. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, go to http://www.regulations.gov and in the search box insert
the docket number FMCSA-2006-26601; FMCSA-2009-0115; FMCSA-2011-0080;
FMCSA-2011-0093; FMCSA-2011-0103; FMCSA-2013-0015; FMCSA-2013-0016;
FMCSA-2013-0017; FMCSA-2015-0058; FMCSA-2015-0059 and click ``Search.''
Next, click ``Open Docket Folder'' and you will find all documents and
comments related to this notice.

    Issued on: May 8, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-09737 Filed 5-12-17; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 80, Number 124 (Monday, June 29, 2015)]
[Notices]
[Pages 37025-37026]
[FR Doc No: 2015-15804]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2015-0014]

Maritime Advisory Committee for Occupational Safety and Health
(MACOSH)

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

ACTION: Notice of MACOSH meeting.

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SUMMARY: This Federal Register notice announces meetings of the full
Committee and the workgroups on September 1 and 2, 2015 in Tampa, FL.

DATES: MACOSH meeting: MACOSH will meet from 9 a.m. until approximately
5 p.m. on September 1 and 2, 2015.
    Submission of comments, requests to speak, and requests for special
accommodation: Submit comments, requests to speak at the full Committee
meeting, and requests for special accommodations for these meetings
(postmarked, sent, or transmitted) by August 10, 2015.

ADDRESSES: The Committee and workgroups will meet at the University of
South Florida, Marshall Student Center, 4103 USF Cedar Circle, Tampa,
FL 33620, in Rooms 3708 and 3709. Meeting attendees should use the main
building entrance off of USF Cedar Drive.
    Submission of comments and requests to speak: Submit comments and
requests to speak at the MACOSH meetings, identified by the docket
number for this Federal Register notice (Docket No. OSHA 2015-0014), by
one of the following methods:
    Electronically: Submit comments and attachments electronically at
http://www.regulations.gov, which is the Federal eRulemaking Portal.
Follow the instructions online for submitting comments.
    Facsimile: If comments, including attachments, are not longer than
10 pages, commenters may fax them to the OSHA Docket Office at (202)
693-1648.
    Regular mail, express mail, hand (courier) delivery, and messenger
service: When using this method, submit a copy of comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2015-0014, U.S.
Department of Labor, Occupational Safety and Health Administration,
Room N-2625, 200 Constitution Avenue NW., Washington, DC 20210. The
Docket Office accepts deliveries (express mail, hand (courier)
delivery, and messenger service) during the Department of Labor's and
Docket Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Requests for special accommodations: Submit requests for special
accommodations for MACOSH and its workgroup meetings by hard copy,
telephone, or email to: Gretta Jameson, OSHA, Office of Communications,
Room N-3647, U.S. Department of Labor, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    Instructions: All submissions must include the Agency name and
docket number for this Federal Register notice (Docket No. OSHA-2015-
0014). Because of security-related procedures, submissions by regular
mail may result in a significant delay in receipt. Please contact the
OSHA Docket Office for information about security procedures for making
submissions by express mail, hand (courier) delivery, and messenger
service.
    OSHA will place comments and requests to speak, including personal
information, in the public docket which may be available online.
Therefore, OSHA cautions interested parties about submitting personal
information such as Social Security numbers and birthdates.
    Docket: To read or download documents in the public docket for this
MACOSH meeting, go to http://www.regulations.gov. All documents in the
public docket are listed in the index; however, some documents (e.g.,
copyrighted material) are not publicly available to read or download
through http://www.regulations.gov. All submissions are available for
inspection and, when permitted, copying at the OSHA Docket Office at
the above address. For information on using http://www.regulations.gov
to make submissions or to access the docket, click on the ``Help'' tab
at the top of the Home page. Contact the OSHA Docket Office for
information about materials not available through that Web site and for
assistance in using the Internet to locate submissions and other
documents in the docket.

FOR FURTHER INFORMATION CONTACT: For press inquiries: Frank Meilinger,
Director, OSHA Office of Communications, U.S. Department of Labor, Room
N-3647, 200 Constitution Avenue NW., Washington, DC 20210; telephone:
(202) 693-1999; email<EMAIL_ADDRESS>    For general information about MACOSH and this meeting: Amy
Wangdahl, Director, Office of Maritime and Agriculture, OSHA, U.S.
Department of Labor, Room N-3609, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    Copies of this Federal Register notice: Electronic copies of this
Federal Register notice are available at http://www.regulations.gov.
This notice, as well as news releases and other relevant information,
are also available at OSHA's Web page at: http://www.osha.gov.

SUPPLEMENTARY INFORMATION: All MACOSH committee and workgroup meetings
are open to the public. Interested persons may attend the full

Committee and its workgroup meetings at the time and place listed
above. The full Committee will meet from 9 a.m. until approximately 5
p.m. on September 2, 2015, in Room 3709. The full Committee agenda will
include: a presentation on OSHA 10 and 30-hour Maritime Outreach
Training; an overview of OSHA Region IV, Tampa Area office; an OSHA
field report on maritime activities in the Port of Tampa; presentations
from local maritime safety professionals; an overview of OSHA's
Maritime Steering Committee; and reports from the Longshoring and
Shipyard workgroups.
    The Longshoring and Shipyard workgroups will meet from 9 a.m. until
approximately 5 p.m. on September 1, 2015, in conference rooms 3708 and
3709. The workgroups will discuss evaluating Shipyard Competent Person
programs; fire and rescue services in shipyards; updates to the OSHA
eTool for shipyards; container lashing safety; baggage handling in
cruise terminal operations; mechanic safety in longshoring operations;
and the translation of OSHA maritime guidance documents into Spanish.
    Public Participation: Any individual attending the MACOSH meeting,
including the workgroup meetings, at the University of South Florida,
Marshall Student Center, should use the main building entrance off of
USF Cedar Drive. Please contact the University of South Florida (email:
<EMAIL_ADDRESS>for additional information about
building policies for attending the MACOSH Committee and workgroup
meetings. Interested parties may submit a request to make an oral
presentation to MACOSH by any one of the methods listed in the
ADDRESSES section above. The request must state the amount of time
requested to speak, the interest represented (e.g., organization name),
if any, and a brief outline of the presentation. The MACOSH Chair has
discretion to grant requests to address the full Committee as time
permits.
    Interested parties also may submit written comments, including data
and other information, using any one of the methods listed in the
ADDRESSES section above. OSHA will provide all submissions to MACOSH
members prior to the meeting. Individuals who need special
accommodations to attend the MACOSH meeting should contact Gretta
Jameson as specified above under the heading ``Requests for special
accommodations'' in the ADDRESSES section.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, authorized the preparation of this
notice under the authority granted by 29 U.S.C. 655, 656, 5 U.S.C. App.
2, Secretary of Labor's Order No. 1-2012 (77 FR 3912), and 29 CFR part
1912.

    Signed at Washington, DC, on June 22, 2015.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2015-15804 Filed 6-26-15; 8:45 am]
 BILLING CODE 4510-26-P


[Federal Register Volume 82, Number 127 (Wednesday, July 5, 2017)]
[Rules and Regulations]
[Pages 30990-30993]
[FR Doc No: 2017-14111]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2016-0780; FRL-9962-19]

Oxirane, 2-methyl, Polymer With Oxirane, Hydrogen Sulfate,
Ammonium Salt and Potassium Salt; Tolerance Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of oxirane, 2-methyl, polymer with oxirane,
hydrogen sulfate, ammonium salt and oxirane, 2-methyl, polymer with
oxirane, hydrogen sulfate, potassium salt; when used as an inert
ingredient in a pesticide chemical formulation. Clariant Corporation,
submitted a petition to EPA under the Federal Food, Drug, and Cosmetic
Act (FFDCA), requesting an exemption from the requirement of a
tolerance. This regulation eliminates the need to establish a maximum
permissible level for residues of oxirane, 2-methyl, polymer with
oxirane, hydrogen sulfate, ammonium salt and oxirane, 2-methyl, polymer
with oxirane, hydrogen sulfate, potassium salt on food or feed
commodities.

DATES: This regulation is effective July 5, 2017. Objections and
requests for hearings must be received on or before September 5, 2017,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2016-0780, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Michael L. Goodis, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; main telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

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

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

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. Can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2016-0780 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
September 5, 2017. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your

objection or hearing request, identified by docket ID number EPA-HQ-
OPP-2016-0780, by one of the following methods.
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Background and Statutory Findings

    In the Federal Register of April 10, 2017 (82 FR 17175) (FRL-9959-
61), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C.
346a, announcing the receipt of a pesticide petition (PP IN-11004)
filed by Clariant Corporation, 4000 Monroe Road, Charlotte NC 28205.
The petition requested that 40 CFR 180.960 be amended by establishing
an exemption from the requirement of a tolerance for residues of
oxirane, 2-methyl, polymer with oxirane, hydrogen sulfate, ammonium
salt and oxirane, 2-methyl, polymer with oxirane, hydrogen sulfate,
potassium salt; CAS Nos. 57608-14-7 and 1838191-48-2, respectively.
That document included a summary of the petition prepared by the
petitioner and solicited comments on the petitioner's request. The
Agency did not receive any comments.
    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and use in residential settings, but does not include
occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure of infants and children to the
pesticide chemical residue in establishing an exemption from the
requirement of 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 . . .'' and
specifies factors EPA is to consider in establishing an exemption.

III. Risk Assessment and Statutory Findings

    EPA establishes exemptions from the requirement of a tolerance only
in those cases where it can be shown that the risks from aggregate
exposure to pesticide chemical residues under reasonably foreseeable
circumstances will pose no appreciable risks to human health. In order
to determine the risks from aggregate exposure to pesticide inert
ingredients, the Agency considers the toxicity of the inert in
conjunction with possible exposure to residues of the inert ingredient
through food, drinking water, and through other exposures that occur as
a result of pesticide use in residential settings. If EPA is able to
determine that a finite tolerance is not necessary to ensure that there
is a reasonable certainty that no harm will result from aggregate
exposure to the inert ingredient, an exemption from the requirement of
a tolerance may be established.
    Consistent with FFDCA section 408(b)(2)(D), EPA has reviewed the
available scientific data and other relevant information in support of
this action and considered its validity, completeness and reliability
and the relationship of this information to human risk. EPA has also
considered available information concerning the variability of the
sensitivities of major identifiable subgroups of consumers, including
infants and children. In the case of certain chemical substances that
are defined as polymers, the Agency has established a set of criteria
to identify categories of polymers expected to present minimal or no
risk. The definition of a polymer is given in 40 CFR 723.250(b) and the
exclusion criteria for identifying these low-risk polymers are
described in 40 CFR 723.250(d). Oxirane, 2-methyl, polymer with
oxirane, hydrogen sulfate, ammonium salt and potassium salt conforms to
the definition of a polymer given in 40 CFR 723.250(b) and meets the
following criteria that are used to identify low-risk polymers.
    1. The polymers are not a cationic polymer nor is it reasonably
anticipated to become a cationic polymer in a natural aquatic
environment.
    2. The polymers do contain as an integral part of its composition
the atomic elements carbon, hydrogen, and oxygen.
    3. The polymers do not contain as an integral part of their
composition, except as impurities, any element other than those listed
in 40 CFR 723.250(d)(2)(ii).
    4. The polymers are neither designed nor can it be reasonably
anticipated to substantially degrade, decompose, or depolymerize.
    5. The polymers are manufactured or imported from monomers and/or
reactants that are already included on the TSCA Chemical Substance
Inventory or manufactured under an applicable TSCA section 5 exemption.
    6. The polymers are not a water absorbing polymer with a number
average molecular weight (MW) greater than or equal to 10,000 daltons.
    7. The polymers do not contain certain perfluoroalkyl moieties
consisting of a CF3- or longer chain length as specified in 40 CFR
723.250(d)(6).
    Additionally, the polymers also meet as required the following
exemption criteria specified in 40 CFR 723.250(e).
    8. The polymers', oxirane, 2-methyl, polymer with oxirane, hydrogen
sulfate, ammonium salt and potassium salt, number average MW of 1800
and 2100, respectively, are greater than 1,000 and less than 10,000
daltons. The polymers contain less than 10% oligomeric material below
MW 500 and less than 25% oligomeric material below MW 1,000, and the
polymers do not contain any reactive functional groups.
    Thus, oxirane, 2-methyl, polymer with oxirane, hydrogen sulfate,
ammonium salt and potassium salt meet the criteria for a polymer to be
considered low risk under 40 CFR 723.250. Based on its conformance to
the criteria in this unit, no mammalian toxicity is anticipated from
dietary, inhalation, or dermal exposure to oxirane, 2-methyl, polymer
with oxirane, hydrogen sulfate, ammonium salt and potassium salt.

IV. Aggregate Exposures

    For the purposes of assessing potential exposure under this
exemption, EPA considered that oxirane, 2-methyl, polymer with oxirane,
hydrogen sulfate, ammonium salt and potassium salt could be present in
all raw and processed agricultural commodities and drinking water, and
that non-occupational non-dietary exposure was possible. The number
average MW of oxirane, 2-methyl, polymer with oxirane, hydrogen
sulfate, ammonium salt and potassium salt are 1800 and 2100 daltons,
respectively. Generally, a polymer of this size would

be poorly absorbed through the intact gastrointestinal tract or through
intact human skin. Since oxirane, 2-methyl, polymer with oxirane,
hydrogen sulfate, ammonium salt and potassium salt conform to the
criteria that identify a low-risk polymer, there are no concerns for
risks associated with any potential exposure scenarios that are
reasonably foreseeable. The Agency has determined that tolerances are
not necessary to protect the public health.

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

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

VI. Additional Safety Factor for the Protection of Infants and Children

    Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an
additional tenfold margin of safety for infants and children in the
case of threshold effects to account for prenatal and postnatal
toxicity and the completeness of the data base unless EPA concludes
that a different margin of safety will be safe for infants and
children. Due to the expected low toxicity of oxirane, 2-methyl,
polymer with oxirane, hydrogen sulfate, ammonium salt and potassium
salt, EPA has not used a safety factor analysis to assess the risk. For
the same reasons the additional tenfold safety factor is unnecessary.

VII. Determination of Safety

    Based on the conformance to the criteria used to identify a low-
risk polymer, EPA concludes that there is a reasonable certainty of no
harm to the U.S. population, including infants and children, from
aggregate exposure to residues of oxirane, 2-methyl, polymer with
oxirane, hydrogen sulfate, ammonium salt and potassium salt.

VIII. Other Considerations

A. Existing Exemptions From a Tolerance

    There are no existing tolerances for oxirane, 2-methyl, polymer
with oxirane, hydrogen sulfate, ammonium salt and potassium salt.

B. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since
the Agency is establishing an exemption from the requirement of a
tolerance without any numerical limitation.

C. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    The Codex has not established a MRL for oxirane, 2-methyl, polymer
with oxirane, hydrogen sulfate, ammonium salt and potassium salt.

IX. Conclusion

    Accordingly, EPA finds that exempting residues of oxirane, 2-
methyl, polymer with oxirane, hydrogen sulfate, ammonium salt and
potassium salt from the requirement of a tolerance will be safe.

X. Statutory and Executive Order Reviews

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

consensus standards pursuant to section 12(d) of the National
Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note).

XI. Congressional Review Act

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

List of Subjects in 40 CFR Part 180

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

    Dated: May 18, 2017.
Donna Davis,
Acting Associate Director, Registration Division, Office of Pesticide
Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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

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

0
2. In Sec.  180.960, add alphabetically the polymers ``Oxirane, 2-
methyl, polymer with oxirane, hydrogen sulfate, ammonium salt; average
molecular weight (in amu), 1800'' and ``Oxirane, 2-methyl, polymer with
oxirane, hydrogen sulfate, potassium salt; average molecular weight (in
amu), 2100'' to the table to read as follows:

Sec.  [emsp14]180.960  Polymers; exemptions from the requirement of a
tolerance.

* * * * *

------------------------------------------------------------------------
                         Polymer                              CAS No.
------------------------------------------------------------------------

                              * * * * * * *
Oxirane, 2-methyl, polymer with oxirane, hydrogen             57608-14-7
 sulfate, ammonium salt; average molecular weight (in
 amu), 1800.............................................
Oxirane, 2-methyl, polymer with oxirane, hydrogen           1838191-48-2
 sulfate, potassium salt; average molecular weight (in
 amu), 2100.............................................

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

[FR Doc. 2017-14111 Filed 7-3-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 187 (Thursday, September 28, 2017)]
[Notices]
[Pages 45284-45285]
[FR Doc No: 2017-20788]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 10253-032]

Pelzer Hydro Company, LLC, Consolidated Hydro Southeast, LLC;
Notice of Application Accepted for Filing and Soliciting 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: New License.
    b. Project No.: 10253-032.
    c. Date filed: November 30, 2015.
    d. Applicant: Pelzer Hydro Company, LLC (Pelzer Hydro),
Consolidated Hydro Southeast, LLC (Consolidated Hydro).
    e. Name of Project: Lower Pelzer Hydroelectric Project.
    f. Location: The existing project is located on the Saluda River
near the Towns of Pelzer and Williamston, in Anderson and Greenville
Counties, South Carolina. The project does not affect federal land.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Beth E. Harris, P.E., Regional Operations
Manager, Enel Green Power North America, Inc., 11 Anderson Street
Piedmont, SC 29673; Telephone--(864) 846-0042; Email_
<EMAIL_ADDRESS>OR Kevin Webb, Hydro Licensing Manager, Enel Green
Power North America, Inc., One Tech Drive, Suite 220, Andover, MA
01810; Telephone--(978) 681-1900<EMAIL_ADDRESS>    i. FERC Contact: Navreet Deo,<PHONE_NUMBER>, or
<EMAIL_ADDRESS>    j. Deadline for filing motions to intervene and protests and
requests for cooperating agency status: 60 days from the issuance date
of this notice.
    The Commission strongly encourages electronic filing. Please file
motions to intervene and protests and requests for cooperating agency
status using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. 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-10253-032.
    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, but is not ready for
environmental analysis at this time.
    l. The Lower Pelzer Project consists of: (1) A 696-foot-long by 40-
foot-high granite masonry dam, consisting of (i) a 310-foot-long
spillway section topped with 4-foot wooden flashboards, (ii) a 40-foot-
long non-overflow section with two 10-foot-wide by 6-foot-high gates,
and (iii) a 236-foot-long non-overflow section; (2) an 80-acre
impoundment at a normal pool elevation of 693 feet mean sea level; (3)
a 110-foot-long by 14-foot-wide intake, protected by a trashrack
structure with 2-inch clear bar spacing, controlling flow to the
powerhouse through five, 10.5-foot-wide square gates; (4) a 110-foot-
long by 68-foot-wide brick powerhouse integral with the dam, containing
5 horizontal Francis turbine generating units that total 3,300
kilowatts (kW); (5) a 600-foot-long by 110-foot-wide tailrace; (6) a 3-
mile-long, 3,300-volt transmission line connecting the powerhouse to
the grid via a 7.2/12.47 kilovolt transformer; and (7) appurtenant
facilities.
    Pelzer Hydro and Consolidated Hydro (co-licensees) operate the
project in a run-of-river mode, with no storage or flood control
capacity. A continuous minimum flow of 140 cubic feet per second (cfs)
or inflow, whichever is less, is released into the bypassed reach. The
minimum flow is achieved via a sluice gate in the dam. The project
operates under an estimated average head of 40 feet, including the 4-
foot spillway flashboards. The impoundment water surface elevation is
maintained at 693

feet. River flows between 159 and 1,408 cfs are used for power
generation, while flows in excess of 1,408 cfs are passed over the
flashboards and spillway. Flow to the generating units is controlled by
five manually operated square slide gates. The total installed capacity
of the project is 3,300 kW between the five generating units. The
project generates approximately 8,784 megawatt-hours annually, which
are sold to a local utility.
    The co-licensees propose to continue to operate and maintain the
Lower Pelzer Project as is required in the existing license, and to
develop canoe portage facilities. The co-licensees also propose to
remove the existing three-mile-long, 3,300-volt overhead transmission
line, which is no longer in use, from the project boundary under a new
license. Instead, the project would use a 165-foot-long, 3,300-volt
transmission line that interconnects with the grid at an applicant-
owned transformer.
    No changes to project operations are proposed. Other than the
development of canoe portage facilities, no new construction or major
project modifications are proposed.
    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 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, contact FERC
Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    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.
    n. Anyone may submit a protest or a motion to intervene in
accordance with the requirements of 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
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
or MOTION TO INTERVENE; (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. 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.

    Dated: September 21, 2017.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2017-20788 Filed 9-27-17; 8:45 am]
 BILLING CODE 6717-01-P