[Federal Register: July 9, 2008 (Volume 73, Number 132)]
[Notices]
[Page 39328]
[DOCID:fr09jy08-85]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1769-DR]

West Virginia; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of West Virginia (FEMA-1769-DR), dated June 19, 2008, and
related determinations.

EFFECTIVE DATE: June 27, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of West Virginia is hereby amended to include the
following areas among those areas determined to have been adversely
affected by the catastrophe declared a major disaster by the President
in his declaration of June 19, 2008.

    Wetzel County for Individual Assistance.
    Tucker County for Individual Assistance and Public Assistance.
    Braxton, Calhoun, Lewis, Ritchie, Webster, and Wirt Counties for
Public Assistance.
    Tyler County for Public Assistance (already designated for
Individual Assistance.)

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidential Declared Disaster Areas; 97.049, Presidential Declared
Disaster Assistance--Disaster Housing Operations for Individuals and
Households; 97.050, Presidential Declared Disaster Assistance to
Individuals and Households--Other Needs; 97.036, Disaster Grants--
Public Assistance (Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.)

R. David Paulison,
Administrator, Federal Emergency Management Agency.
 [FR Doc. E8-15535 Filed 7-8-08; 8:45 am]

BILLING CODE 9110-10-P


[Federal Register Volume 83, Number 29 (Monday, February 12, 2018)]
[Notices]
[Page 6010]
[FR Doc No: 2018-02776]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER18-784-000]

Upstream Wind Energy LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Upstream Wind Energy LLC`s application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is February 26, 2018.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
[email protected]. or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: February 6, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-02776 Filed 2-9-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: April 1, 2008 (Volume 73, Number 63)]
[Rules and Regulations]
[Page 17246-17247]
[DOCID:fr01ap08-3]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 35

[Docket No. RM07-15-000]

Cross-Subsidization Restrictions on Affiliate Transactions

Issued March 25, 2008.
AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Final Rule: Notice Extension of Time.

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SUMMARY: On February 21, 2008, the Federal Energy Regulatory Commission
issued Order No. 707, which amended its regulation to codify
restrictions on affiliate transactions between franchised public
utilities that have captive customers or that own or provide
transmission service over jurisdictional transmission facilities, and
their market-regulated power sales affiliates or non-utility
affiliates. The Commission is extending the time for any contracts,
agreements or arrangements entered into on or after March 31, 2008, the
effective date of Order No. 707, to comply with the requirements of
Order No. 707.

DATES: The later of July 1, 2008 or 30 days after the issuance of an
order on rehearing of Order No. 707.

FOR FURTHER INFORMATION CONTACT:

Carla Urquhart (Legal Information), Office of the General Counsel,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426,<PHONE_NUMBER>,
Mosby Perrow (Legal Information), Office of the General Counsel,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426,<PHONE_NUMBER>,
David Hunger (Technical Information), Office of Energy Market
Regulation, Federal Energy Regulatory Commission, 888 First Street,
NE., Washington, DC 20426,<PHONE_NUMBER>,
Stuart Fischer (Technical Information), Office of Enforcement, Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

    Before Commissioners: Joseph T. Kelliher, Chairman; Suedeen G.
Kelly, Marc Spitzer, Philip D. Moeller, and Jon Wellinghoff.

Order Granting Extension of Time

    (Issued March 25, 2008).
    1. On February 21, 2008, the Commission issued Order No. 707, which
amended its regulations to codify restrictions on affiliate
transactions between franchised public utilities that have captive
customers or that own or provide transmission service over
jurisdictional transmission facilities, and their market-regulated
power sales affiliates or non-utility affiliates.\1\ The Commission
stated that Order No. 707 would become effective 30 days after
publication in the Federal Register, that is, March 31, 2008.\2\ On
March 11, 2008, the Edison Electric Institute (EEI) filed a motion for
extension of the effective date from March 31, 2008 to either July 1,
2008 or 30 days after the Commission issues an order on rehearing,
whichever is later. EEI states that although affiliate restrictions
have been applicable to market-based rate power sellers and merging
companies, the new final rule requirements will apply more broadly and
compliance ``will be a significant undertaking for many companies.'' It
also states that the rule ``raises some important questions that EEI
and others are likely to ask the Commission to address in requests for
rehearing * * * '' and urges the Commission to provide ample time for
the new rule to be clarified before it takes effect.\3\
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    \1\ Cross-Subsidization Restrictions on Affiliate Transactions,
Order No. 707, 73 FR 11,013 (Feb. 29, 2008), FERC Stats. & Regs.
]31,264 (2008) (Order No. 707).
    \2\ Id. P 85.
    \3\ EEI Motion at 2.
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    2. As an initial matter, the Commission notes that Order No. 707
stated that the pricing rules adopted therein are prospective and will
apply to any contracts, agreements or arrangements entered into on or
after the effective date of the rule (March 31, 2008); to the extent
different pricing was in effect for any contract, agreement or
arrangement entered into prior to the effective date of the final rule,
such pricing may remain in effect.\4\ Thus, when the Commission issued
the final rule, it should have been clear to the industry that, for
purposes of complying with Order No. 707, public utilities would not
have to modify pricing under contracts, agreements or arrangements in
effect before March 31, 2008.\5\ We therefore do not believe that, for
purposes of this rule, there should be any compliance problems with
respect to pre-existing contracts, agreements or arrangements.
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    \4\ Order No. 707, FERC Stats. & Regs. ] 31,264 at P 85.
    \5\ Our ``grandfathering'' of preexisting contracts, agreements
and arrangements was only for purposes of compliance of this rule.
To the extent public utilities were required to comply with the same
or similar pricing restrictions pursuant to a merger order or in
conjunction with a market-based rate authorization, our action to
make Order No. 707 compliance prospective only did not change any
such obligations under other orders or rules. That is, pricing
restrictions imposed pursuant to a merger order, a market-based rate
authorization order or the Commission's market-based rate rules are
not within the scope of Order No. 707 and, consequently, the Order
No. 707 grandfathering provision does not relieve a public utility
of its obligations under other orders and rules with respect to
contracts, agreements or arrangements entered into prior to March
31, 2008.
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    3. With respect to any contracts, agreements or arrangements
entered into on or after the effective date of the rule (March 31,
2008), however, public utilities were on notice when Order No. 707 was
published in the Federal Register that they would have to comply with
the pricing restrictions of the rule. If we were to change the
effective date,

as requested by EEI, public utilities would have a window of time to
enter into new contracts, agreements or arrangements that would not
have to comply with the new pricing restrictions. It is therefore
important that we not change the effective date of the rule. Although
we will not change the effective date of the rule, the Commission
recognizes that many companies, particularly those not previously
subject to the same or similar pricing restrictions as a result of a
merger order or a market-based rate authorization, may need further
time to ensure that they will be in compliance with the new
restrictions and/or to obtain clarification from the Commission upon
rehearing of the final rule.
    4. Accordingly, upon consideration of the concerns raised by EEI,
the Commission will grant an extension of time until 30 days after the
issuance of an order on rehearing of Order No. 707 or until July 1,
2008, whichever comes later, for any contracts, agreements or
arrangements entered into on or after March 31, 2008 to comply with the
requirements of Order No. 707. This means that if utilities enter into
contracts, agreements or arrangements on or after March 31, 2008, and
if the pricing under such contracts, agreements or arrangements is not
consistent with the pricing requirements as they may be clarified or
modified by the Commission on rehearing of Order No. 707, these
utilities will not be subject to enforcement action for non-compliance
for the period beginning March 31, 2008 until the later of July 1, 2008
or 30 days after issuance of an order on rehearing of Order No. 707.
However, such contracts, agreements or arrangements will either: (1)
Need to contain a provision making them automatically subject to
compliance with the pricing restrictions, as they may be clarified or
modified on rehearing, as of the later of July 1, 2008 or 30 days after
issuance of an order on rehearing; or (2) need to be modified to make
them consistent with the pricing restrictions as of the later of July
1, 2008 or 30 days after issuance of an order on rehearing.

The Commission Orders

    The Commission hereby grants an extension of time for compliance
with Order No. 707, as discussed in the body of this order.

    By the Commission.
Kimberly D. Bose,
Secretary.
[FR Doc. E8-6617 Filed 3-28-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 223 (Monday, November 19, 2018)]
[Notices]
[Pages 58307-58309]
[FR Doc No: 2018-25099]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84577; File No. SR-CBOE-2018-068]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Relating
To Amend the Volume Incentive Program

November 13, 2018.
    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 November 1, 2018, 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,
II, and III below, which Items have been prepared by the Exchange. 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.

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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 amend the Volume Incentive Program.
    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
    The Exchange proposes to amend the Volume Incentive Program
(``VIP'').\3\ By way of background, under the Volume Incentive Program
(``VIP''), the Exchange credits each Trading Permit Holder (``TPH'')
the per contract amount set forth in the VIP table for Public Customer
orders (``C'' origin code) transmitted by that TPH (with certain
exceptions) which is executed electronically on the Exchange, provided
the TPH meets certain volume thresholds in a month.\4\ VIP offers both
rates for Complex and Simple orders. VIP provides however, that a TPH
will only receive the Complex credit rates for both its Complex AIM and
Non-AIM volume if at least 40% of that TPH's qualifying VIP volume (in
both AIM and Non-AIM) in the previous month was comprised of Simple
volume. If the TPH's previous month's volume does not meet the 40%
Simple volume threshold, then the TPH's Customer (C) Complex volume
will receive credits at the Simple rate only (i.e., all volume, both
Simple and Complex, will receive credits at the applicable Simple
rate). The Exchange proposes to reduce the 40% threshold to 38%. The
purpose of the proposed change is to make it slightly easier for TPHs
to obtain the Complex credits. The Exchange believes the proposed
change will still encourage TPHs to continue to send both Simple and
Complex volume to the Exchange.
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    \3\ The proposed VIP amendment will be effective November 1,
2018 (i.e., November discounts will be based on October 2018 volume
using the proposed threshold change).
    \4\ See Cboe Options Fees Schedule, Volume Incentive Program.
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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
Section 6(b)(4) of the Act,\7\ which requires that Exchange rules
provide for the equitable allocation of reasonable dues, fees, and
other charges among its Trading Permit Holders and other persons using
its facilities.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
    \7\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes the proposed amendment to VIP is reasonable
because it makes it slightly easier for TPHs to meet the qualifying
criteria to receive the Complex credits and notes that no credit
amounts are changing. The Exchange notes that VIP will continue to
provide an incremental incentive for TPHs to strive for the highest
tier level, which provides increasingly higher credits, for both
Complex and Simple volume. The Exchange believes the proposed change is
equitable and not unfairly discriminatory because the proposed applies
to all TPHs uniformly.

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 that is not necessary or appropriate
in furtherance of the purposes of the Act. In particular, the Exchange
believes the proposed change does not impose a burden on intramarket
competition because it applies uniformly to all TPHs and continues to
incentivize the sending of more simple and complex orders to the
Exchange, which provides greater liquidity and trading opportunities.
    The Exchange believes that the proposed rule change will not cause
an unnecessary burden on intermarket competition because the proposed
rule change only affects trading on the Exchange. To the extent that
the proposed changes make the Exchange a more attractive marketplace
for market participants at other exchanges, such market participants
are welcome to become Cboe Options market participants.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \8\ and paragraph (f) of Rule 19b-4 \9\
thereunder. 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 will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f).
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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 protected]. Please include
File Number SR-CBOE-2018-068 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-2018-068. 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-2018-068 and should be submitted on
or before December 10, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-25099 Filed 11-16-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 133 (Monday, July 13, 2015)]
[Notices]
[Pages 40060-40062]
[FR Doc No: 2015-16994]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP15-499-000]

Texas Eastern Transmission, LP; Notice of Intent to Prepare An
Environmental Assessment for the Proposed South Texas Expansion
Project, And Request for Comments on Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the South Texas Expansion Project
(Project) involving construction and operation of facilities by Texas
Eastern Transmission, LP (Texas Eastern) in Nueces, Matagorda,
Brazoria, Chambers, and Orange Counties, Texas. The Commission will use
this EA in its decision-making process to determine whether the project
is in the public convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the Project. You can make a difference by providing us with
your specific comments or concerns about the Project. Your comments
should focus on the potential environmental effects, reasonable
alternatives, and measures to avoid or lessen environmental impacts.
Your input will help the Commission staff determine what issues they
need to evaluate in the EA. To ensure that your comments are timely and
properly recorded, please send your comments so that the Commission
receives them in Washington, DC on or before July 30, 2015.
    If you sent comments on this project to the Commission before the
opening of this docket on May 22, 2015, you will need to file those
comments in Docket No. CP15-499-000 to ensure they are considered as
part of this proceeding.
    This notice is being sent to the Commission's current environmental
mailing list for this Project. State and local government
representatives should notify their constituents of this proposed
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a Texas Eastern
representative

may contact you about the acquisition of an easement to construct,
operate, and maintain the proposed facilities. The company would seek
to negotiate a mutually acceptable agreement. However, if the
Commission approves the Project, that approval conveys with it the
right of eminent domain. Therefore, if easement negotiations fail to
produce an agreement, the pipeline company could initiate condemnation
proceedings where compensation would be determined in accordance with
state law.
    Texas Eastern provided landowners with a fact sheet prepared by the
FERC entitled ``An Interstate Natural Gas Facility On My Land? What Do
I Need To Know?'' This fact sheet addresses a number of typically asked
questions, including the use of eminent domain and how to participate
in the Commission's proceedings. It is also available for viewing on
the FERC Web site (www.ferc.gov).

Public Participation

    For your convenience, there are three methods you can use to submit
your comments to the Commission. The Commission encourages electronic
filing of comments and has expert staff available to assist you at
(202) 502-8258 or<EMAIL_ADDRESS>Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for submitting brief,
text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' If you are filing a comment on a particular project,
please select ``Comment on a Filing'' as the filing type; or
    (3) You can file a paper copy of your comments by mailing them to
the following address. Be sure to reference the Project docket number
(CP15-499-000) with your submission: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Room 1A,
Washington, DC 20426.

Summary of the Proposed Project

    Texas Eastern proposes to construct and operate pipeline and
compression facilities in Nueces, Matagorda, Brazoria, Chambers, and
Orange Counties, Texas. The Project would provide about 400,000
dekatherms of natural gas per day. According to Texas Eastern, its
Project would provide service to a customer by increasing flow in its
system to South Texas.
    The Project would consist of the following facilities:
     installation of an 8,400 horsepower (hp) compressor and a
meter and regulating station at the existing Petronila Station in
Nueces County, Texas;
     installation of an 8,400 hp compressor unit and piping
modifications at the existing Blessing Compressor Station in Matagorda
County, Texas;
     modification to piping and other compression facilities at
the Mont Belvieu Compressor Station in Chambers County, Texas, Vidor
Compressor Station in Orange County, Texas, and Angleton Compressor
Station in Brazoria County, Texas; and
     modification to piping at existing launcher and receiver
sites along Texas Eastern's Line 16 in Brazoria, Chambers, and Orange
Counties, Texas.
    The general location of the Project facilities is shown in appendix
1.\1\
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of appendices were sent to all those
receiving this notice in the mail and are available at www.ferc.gov
using the link called ``eLibrary'' or from the Commission's Public
Reference Room, 888 First Street NE., Washington, DC 20426, or call
(202) 502-8371. For instructions on connecting to eLibrary, refer to
the last page of this notice.
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Land Requirements for Construction

    Construction of the proposed facilities would disturb about 122
acres of land for the aboveground facilities and the pipeline.
Following construction Texas Eastern would maintain 31 acres for
permanent operation of the Project's facilities; the remaining acreage
would be restored and revert to former uses. Changes to existing
facilities would be accomplished within the existing facilities' fence
lines.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take
    into account the environmental impacts that could result from an
action whenever it considers the issuance of a Certificate of Public
Convenience and Necessity. The NEPA also requires us \2\ to discover
and address concerns the public may have about proposals. This process
is referred to as ``scoping.'' The main goal of the scoping process is
to focus the analysis in the EA on the important environmental issues.
By this notice, the Commission requests public comments on the scope of
the issues to address in the EA. We will consider all filed comments
during the preparation of the EA.
---------------------------------------------------------------------------

    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
---------------------------------------------------------------------------

    In the EA we will discuss impacts that could occur as a result of
the construction and operation of the proposed project under these
general headings:
     geology and soils;
     land use;
     water resources, fisheries, and wetlands;
     cultural resources;
     vegetation and wildlife;
     air quality and noise;
     endangered and threatened species;
     public safety; and
     cumulative impacts
    We will also evaluate reasonable alternatives to the proposed
Project or portions of the Project, and make recommendations on how to
lessen or avoid impacts on the various resource areas.
    The EA will present our independent analysis of the issues. The EA
will be available in the public record through eLibrary. We will
consider all comments on the EA before making our recommendations to
the Commission. To ensure we have the opportunity to consider and
address your comments, please carefully follow the instructions in the
Public Participation section of this notice.
    With this notice, we are asking agencies with jurisdiction by law
and/or special expertise with respect to the environmental issues of
this project to formally cooperate
    with us in the preparation of the EA.\3\ Agencies that would like
to request cooperating agency status should follow the instructions for
filing comments provided under the Public Participation section of this
notice.
---------------------------------------------------------------------------

    \3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
---------------------------------------------------------------------------

Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultations
with the Texas State Historic Preservation Office (SHPO), and to
solicit its views and those of other government agencies, interested
Indian tribes, and the public

on the Project's potential effects on historic properties.\4\ We will
define the Project-specific Area of Potential Effects (APE) in
consultation with the SHPO as the Project develops. On natural gas
facility projects, the APE at a minimum encompasses all areas subject
to ground disturbance (examples include construction right-of-way,
contractor/pipe storage yards, compressor stations, and access roads).
Our EA for this Project will document our findings on the impacts on
historic properties and summarize the status of consultations under
section 106.
---------------------------------------------------------------------------

    \4\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
---------------------------------------------------------------------------

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Indian tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the project. We will update the environmental mailing list
as the analysis proceeds to ensure that we send the information related
to this environmental review to all individuals, organizations, and
government entities interested in and/or potentially affected by the
proposed Project.
    If we publish and distribute the EA, copies of the EA will be sent
to the environmental mailing list for public review and comment. If you
would prefer to receive a paper copy of the document instead of the CD
version or would like to remove your name from the mailing list, please
return the attached Information Request (appendix 2).

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an intervenor are in
the User's Guide under the ``e-filing'' link on the Commission's Web
site.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site at www.ferc.gov using the ``Documents & Filings'' link.
Click on the eLibrary link, click on General Search and enter the
docket number, excluding the last three digits in the Docket Number
field (i.e., CP15-499). Be sure you have selected an appropriate date
range. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: July 1, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-16994 Filed 7-10-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 27 (Monday, February 10, 2020)]
[Rules and Regulations]
[Pages 7447-7448]
[FR Doc No: 2020-02491]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0834; Airspace Docket No. 19-ASO-22]
RIN 2120-AA66

Amendment of the Class E Airspace; Bowling Green and Somerset, KY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Class E airspace area designated as a
surface area and the Class E airspace extending upward from 700 feet
above the surface at Bowling Green-Warren County Regional Airport,
Bowling Green, KY, and Lake Cumberland Regional Airport, Somerset, KY.
This action is due to an airspace review caused by the decommissioning
of the Bowling Green VHF omnidirectional range (VOR) navigation aid,
which provided navigation information for the instrument procedures at
these airports, as part of the VOR Minimum Operational Network (MON)
Program. The name and geographic coordinates of Lake Cumberland
Regional Airport are also being updated to coincide with the FAA's
aeronautical database.

DATES: Effective 0901 UTC, May 21, 2020. The Director of the Federal
Register approves this incorporation by reference action under Title 1
Code of Federal Regulations part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11D, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11D at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends the Class E airspace area designated as a surface area and
the Class E airspace extending upward from 700 feet above the surface
at Bowling Green-Warren County Regional Airport, Bowling Green, KY, and
Lake Cumberland Regional Airport, Somerset, KY, to support instrument
flight rule operations at these airports.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (84 FR 65036; November 26, 2019) for Docket No. FAA-2019-0834
to amend the Class E airspace area designated as a surface area and the
Class E airspace extending upward from 700 feet above the surface at
Bowling Green-Warren County Regional Airport, Bowling Green, KY, and
Lake Cumberland Regional Airport, Somerset, KY. Interested parties were
invited to participate in this rulemaking effort by submitting written
comments on the proposal to the FAA. One comment was received that did
not pertain to this action. No response is provided.
    Class E airspace designations are published in paragraph 6002, and
6005, respectively, of FAA Order 7400.11D, dated August 8, 2019, and
effective September 15, 2019, which is incorporated by reference in 14
CFR 71.1. The Class E airspace designations listed in this document
will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11D, Airspace Designations and
Reporting Points, dated August 8, 2019, and effective September 15,
2019. FAA Order 7400.11D is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11D lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71:
    Amends the Class E airspace area designated as a surface area at
Bowling Green-Warren County Regional Airport, Bowling Green, KY, by
removing the Bowling Green VORTAC and associated extension from the
airspace legal description; and adds an extension within 1 mile each
side of the 030[deg] bearing from the airport extending from the 4.2-
mile radius to 4.5 miles north of the airport;
    Amends the Class E airspace area designated as a surface area at
Lake Cumberland Regional Airport, Somerset, KY, by removing the Bowling
Green VORTAC from the airspace legal description; adds an extension
within 1 mile each side of the 043[deg] bearing from the airport
extending from the 4-mile radius to 4.8 miles northeast of the airport;
and updates the name and geographic coordinates of Lake Cumberland
Regional Airport (previously Somerset--Pulaski County--J.T. Wilson
Field Airport) to coincide with the FAA's aeronautical database;
    Amends the Class E airspace extending upward from 700 feet above
the surface to within a 6.7-mile radius (increased from a 6.6-mile
radius) of Bowling Green-Warren County Regional Airport; and removes
the Bowling Green VORTAC and associated extension from the airspace
legal description;
    And amends the Class E airspace extending upward from 700 feet
above the surface to within a 6.5-mile radius (decreased from an 8.6-
mile radius) of Lake Cumberland Regional Airport; removes the
Cumberland River NDB and associated extension as they are no longer
required; adds an extension 8 miles south and 3.8 miles north of the
228[deg] bearing from the Lake Cumberland Regional: RWY 05-LOC
extending from the 6.5-mile radius of the Lake Cumberland Regional
Airport to 10 miles southwest of the Lake Cumberland Regional: RWY 05-
LOC; and updates the name and geographic coordinates of the Lake
Cumberland Regional Airport (previously Somerset--Pulaski County--J.T.
Wilson Field Airport) to coincide with the FAA's aeronautical database.
    This action is the result of an airspace review caused by the
decommissioning of the Bowling Green VOR, which provided navigation
information for the instrument procedures at these airports, as part of
the VOR MON Program.

    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11D,
Airspace Designations and Reporting Points, dated August 8, 2019, and
effective September 15, 2019, is amended as follows:

Paragraph 6002 Class E Airspace Areas Designated as a Surface Area.

* * * * *

ASO KY E2 Bowling Green, KY [Amended]

Bowling Green-Warren County Regional Airport, KY
    (Lat. 36[deg]57'52'' N, long. 86[deg]25'11'' W)

    Within a 4.2-mile radius of Bowling Green-Warren County Regional
Airport, and within 1 mile each side of the 030[deg] bearing from
the airport extending from the 4.2-mile radius to 4.5 miles north of
the airport.
* * * * *

ASO KY E2 Somerset, KY [Amended]

Lake Cumberland Regional Airport, KY
    (Lat. 37[deg]03'13'' N, long. 84[deg]36'56'' W)

    Within a 4-mile radius of Lake Cumberland Regional Airport, and
within 1 mile each side of the 043[deg] bearing from the airport
extending from the 4-mile radius to 4.8 miles northeast of the
airport.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ASO KY E5 Bowling Green, KY [Amended]

Bowling Green-Warren County Regional Airport, KY
    (Lat. 36[deg]57'52'' N, long. 86[deg]25'11'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.7-mile radius of Bowling Green-Warren County Regional
Airport.
* * * * *

ASO KY E5 Somerset, KY [Amended]

Lake Cumberland Regional Airport, KY
    (Lat. 37[deg]03'13'' N, long. 84[deg]36'56'' W)
Lake Cumberland Regional: RWY 05-LOC, KY
    (Lat. 37[deg]03'38'' N, long. 84[deg]36'28'' W)

    That airspace extending upward from 700 feet above the surface
within an 6.5-mile radius of the Lake Cumberland Regional Airport,
and within 8 miles south and 3.8 miles north of the 228[deg] bearing
from the Lake Cumberland Regional: RWY 05-LOC extending from the
6.5-mile radius of the Lake Cumberland Regional Airport to 10 miles
southwest of the Lake Cumberland Regional: RWY 05-LOC.

    Issued in Fort Worth, Texas, on February 3, 2020.
Marty Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2020-02491 Filed 2-7-20; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 38 (Wednesday, February 26, 2014)]
[Notices]
[Page 10869]
[FR Doc No: 2014-04113]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2013-61]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before March 18, 2014.

ADDRESSES: You may send comments identified by Docket Number FAA-2013-
1006 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Keira Jones<PHONE_NUMBER> or Nia
Daniels<PHONE_NUMBER>, Office of Rulemaking, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on February 20, 2014.
Lirio Liu,
Director, Office of Rulemaking.

Petition For Exemption

    Docket No.: FAA-2013-1006
    Petitioner: Allegiant Air, LLC
    Section of 14 CFR Affected: Sec.  121.413(a)(2)
    Description of Relief Sought: Allegiant Air is seeking relief from
Sec.  121.413(a)(2) that would allow it to substitute a qualified and
authorized Check Airman in place of an Federal Aviation Administration
inspector to observe a qualifying Check Airman while that Check Airman
is performing prescribed checking duties when completing initial Check
Airman training.

    Project No.: AFS-14-048-E
Project Officer:----------
ARM-108:NDaniels:12/12/2013:Doc 37418
ARM-1/100/108:Program Office AFS-200

[FR Doc. 2014-04113 Filed 2-25-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 41 (Wednesday, March 2, 2011)]
[Rules and Regulations]
[Pages 11340-11344]
[FR Doc No: 2011-4534]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2009-0996; FRL-8859-5]

Potassium Hypochlorite; Exemption From the Requirement of a
Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes the exemption from the requirement
of a tolerance for residues of Potassium hypochlorite. Enviro Tech
Chemical Services, Inc. submitted a petition to EPA under the Federal
Food, Drug, and Cosmetic Act (FFDCA), requesting that Potassium
hypochlorite in end-use products be eligible for the exemption from the
requirement of a tolerance.

DATES: This regulation is effective March 2, 2011. Objections and
requests for hearings must be received on or before May 2, 2011, 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: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2009-0996. All documents in the
docket are listed in the docket index available at http://www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Wanda Henson, Antimicrobials Division
(7510P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
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 a dairy
cattle milk producer, food manufacturer, or beverage manufacturer.
Potentially affected entities may include, but are not limited to:
     Dairy Cattle Milk Production (NAICS code 11212).
     Food manufacturing (NAICS code 311).
     Beverage Manufacturing (NAICS code 31212).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

 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.gpoaccess.gov/ecfr.

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

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2009-0996 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
May 2, 2011. 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 that does not contain any 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 a copy of
your non-CBI objection or hearing request, identified by docket ID
number EPA-HQ-OPP-2009-0996, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.

II. Summary of Petitioned-For Exemption

    In the Federal Register of Wednesday, January 12, 2011 (76 FR 2110)
(FRL-8860-9), EPA issued a notice pursuant to section 408(d)(3) of
FFDCA, 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide
tolerance petition (PP 0F7767) by Enviro Tech Chemical Services, Inc,
Modesto, CA 95358. The petition requested that 40 CFR part 180 be
amended to establish an exemption from the requirement of a tolerance
for potassium hypochlorite in or on apple; artichoke; asparagus;
brussel sprouts; carrot; cauliflower; celery; cherry; cabbage; lettuce;
fruits, citrus; cucumber; onion, green; melon; peach; nectarine; plum;
pear; pepper, bell; potato; radish; fruit, stone; and tomato. That
notice referenced a summary of the petition prepared by Enviro Tech
Chemical Services, Inc., the registrant, which is available in the
docket, http://www.regulations.gov. There were no comments received in
response to the notice of filing.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings, but does not include
occupational exposure. Pursuant to section 408(c)(2)(B) of FFDCA, in
establishing or maintaining in effect an exemption from the requirement
of a tolerance, EPA must take into account the factors set forth in
section 408(b)(2)(C) of FFDCA, which requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue . *
* *''
    Consistent with section 408(c)(2)(A) of FFDCA, and the factors
specified in section 408(c)(2)(B) of FFDCA, EPA has reviewed the
available scientific data and other relevant information in

support of this action. EPA has sufficient data to assess the hazards
of and to make a determination on aggregate exposure for Potassium
hypochlorite, including exposure resulting from the exemption
established by this action. EPA's assessment of exposures and risks
associated with potassium hypochlorite follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered its
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children. Specific information on the studies received and the nature
of the adverse effects caused by potassium hypochlorite is available in
the docket, http://www.regulations.gov.
    The Agency conducted an in-depth review of the similarities between
potassium hypochlorite and the existing registered active ingredients,
sodium hypochlorite and calcium hypochlorite. Based upon this review,
the Agency determined that the data available to support the
registrations of these active ingredients are also applicable to
potassium hypochlorite. No additional generic or product-specific
acute, chronic or subchronic toxicological studies were required to be
submitted in support of this application. All toxicology data were
bridged from studies on sodium and calcium hypochlorite based on their
chemical similarity.
    Potassium hypochlorite is corrosive and can cause severe damage to
the eyes and skin. Potassium hypochlorite has been assigned a Toxicity
Category I, indicating the highest degree of toxicity for these acute
effects. In the presence of oxygen, however, these compounds react
easily with organic matter and convert readily into potassium chloride
due to their simple chemical nature and structure. Exemptions from the
requirement of a tolerance have been established for sodium and calcium
hypochlorite used both as food contact surface sanitizers (40 CFR
180.940) and as antimicrobials used on raw agricultural commodities (40
CFR 180.1054 and 180.1235). Widely used in disinfecting water supplies
for nearly a century, the hypochlorite class of chemicals has proven
safe and practical to use provided that necessary precautions are taken
by the user to prevent the eye and skin irritation which are inherent
to all strong oxidizing agents. All documents related to this case can
be found at http://www.regulations.gov in the document ``Antimicrobial
Pesticide Products; Registration Applications'' page 16110 in docket ID
number EPA-HQ-OPP-2009-0996.

B. Toxicological Points of Departure/Levels of Concern for Potassium
Hypochlorite

    Once a pesticide's toxicological profile is determined, EPA
identifies toxicological points of departure (POD) and levels of
concern to use in evaluating the risk posed by human exposure to the
pesticide. For hazards that have a threshold below which there is no
appreciable risk, the toxicological POD is used as the basis for
derivation of reference values for risk assessment. PODs are developed
based on a careful analysis of the doses in each toxicological study to
determine the dose at which no adverse effects are observed (the NOAEL)
and the lowest dose at which adverse effects of concern are identified
(the LOAEL). Uncertainty/safety factors are used in conjunction with
the POD to calculate a safe exposure level--generally referred to as a
population-adjusted dose (PAD) or a reference dose (RfD)--and a safe
margin of exposure (MOE). For non-threshold risks, the Agency assumes
that any amount of exposure will lead to some degree of risk. Thus, the
Agency estimates risk in terms of the probability of an occurrence of
the adverse effect in a lifetime. For more information on the general
principles EPA uses in risk characterization and a complete description
of the risk assessment process, see http://www.epa.gov/pesticides/factsheets/riskassess.htm.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to potassium hypochlorite, EPA considered exposure under the
petitioned-for exemption. EPA assessed dietary exposures from potassium
hypochlorite in food as follows:
    Residues of potassium hypochlorite may remain on certain food crops
as a result of their disinfectant uses. However, these residues pose no
dietary risks of concern to human health based on data bridged from
sodium hypochlorite. Therefore, a dietary risk assessment for potential
exposures to residues in food is unwarranted.
    2. Dietary exposure from drinking water. Residues of potassium
hypochlorite that may remain in drinking water as a result of the use
of this chemical are not expected to pose dietary risks of concern to
human health based on data bridged from sodium hypochlorite.
    3. Non-dietary exposure. The term ``residential exposure'' is used
in this document to refer to non-occupational, non-dietary exposure
(e.g., textiles (clothing and diapers), carpets, swimming pools, and
hard surface disinfection on walls, floors, tables). Potassium
hypochlorite is currently registered for the following residential non-
dietary sites: Swimming pools, spa and hot tubs, hard, non-porous and
porous surfaces, and laundry.
    Although residential exposure to mixer/loader/applicators is likely
from the proposed uses of potassium hypochlorite, a quantitative risk
assessment is not required because adverse systemic effects
attributable to the dermal and inhalation routes of exposure to
potassium hypochlorite are not expected based on toxicity data bridged
from sodium hypochlorite.
    Label precautionary statements and the requirement that applicators
wear certain personal protective equipment (goggles or face shield and
rubber gloves) are sufficient to protect users from the localized,
irritation effects of exposure to potassium hypochlorite. In addition,
the label states that users of swimming pools may not enter treated
water until the residual chlorine is measured to be between 1 ppm and 3
ppm in order to prevent acute irritation effects.
    Further information regarding EPA standard assumptions and generic
inputs for residential exposures may be found at http://www.epa.gov/pesticides/trac/science/trac6a05.pdf.
    4. 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 potassium hypochlorite to share a common
mechanism of toxicity with any other substances, and potassium
hypochlorite does not appear to produce a toxic metabolite produced by
other substances. For the purposes of this tolerance action, therefore,
EPA has assumed that Potassium hypochlorite does not have a common
mechanism of toxicity with other substances. For information regarding
EPA's efforts to determine which chemicals have a common mechanism of
toxicity and to evaluate the cumulative effects of such

chemical, see EPA's Web site at http://www.epa.gov/pesticides/cumulative.

D. Safety Factor for Infants and Children

    Because potassium hypochlorite was of very low systemic toxicity,
EPA did not use a safety factor analysis for assessing risk. For
similar reasons, the additional safety factor for the protection of
infants and children is not necessary.

 E. Aggregate Risks and Determination of Safety

    Based on the toxicity profile and exposure scenarios for potassium
hypochlorite, EPA believes that the risks from dietary exposures to
this pesticide would be minimal and without consequence to human
health. Although residential use of potassium hypochlorite poses
potential risks for acute eye and skin injury, it is not appropriate to
aggregate the exposure related to these surface irritation effects with
systemic exposure from dietary ingestion. In any event, the Agency
believes that these acute risks will be sufficiently mitigated by
precautionary labeling requiring protection of eyes and skin while
using this pesticide.
    Based on the toxicological and exposure data discussed in this
preamble, EPA concludes that potassium hypochlorite will not pose a
risk under reasonably foreseeable circumstances. Accordingly, EPA finds
that there is a reasonable certainty of no harm will result to the
general population, or to infants and children, from aggregate exposure
to potassium hypochlorite residues.

IV. Other Considerations

A. 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.

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint U.N. 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 potassium hypochlorite.

V. Conclusion

    Therefore, an exemption is established for residues of potassium
hypochlorite.

VI. Statutory and Executive Order Reviews

    This final rule establishes a tolerance under section 408(d) of
FFDCA in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993). Because this final rule has been
exempted from review under Executive Order 12866, this final rule is
not subject to Executive Order 13211, entitled Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997). This final rule does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it require any
special considerations under Executive Order 12898, entitled Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under section 408(d) of FFDCA, such as the tolerance in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
    This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled Federalism (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
Consultation and Coordination with Indian Tribal Governments (65 FR
67249, November 9, 2000) do not apply to this final rule. In addition,
this final rule does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L. 104-4).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Pub. L. 104-113, section 12(d) (15 U.S.C. 272
note).

VII. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. 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 this final rule in the Federal
Register. This final rule 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, Potassium hypochlorite.

    Dated: February 23, 2011.
Joan Harrigan Farrelly,
Director, Antimicrobials Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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

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

0
2. Section 180.1300 is added to subpart D to read as follows:

Sec.  [emsp14]180.1300  Potassium hypochlorite; exemption from the
requirement of a tolerance.

    An exemption from the requirement of a tolerance is established for
residues

of potassium hypochlorite in or on all commodities.

[FR Doc. 2011-4534 Filed 3-1-11; 8:45 am]
BILLING CODE 6560-50-P