[Federal Register: January 24, 2011 (Volume 76, Number 15)]
[Notices]
[Page 4103-4104]
[DOCID:fr24ja11-48]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. EL08-32-000]

Central Minnesota Municipal Power Agency, Midwest Municipal
Transmission Group; Notice of Filing

January 13, 2011.
    Take notice that, on January 11, 2011, Central Minnesota Municipal
Power Agency and Midwest Municipal Transmission Group submitted an
amendment to a petition for a declaratory order filed on December 31,
2007, as amended on January 25, 2010, in the above-referenced
proceeding.
    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, 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 on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    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>.
    Comment Date: January 27, 2011.

Kimberly D. Bose,
Secretary.
[FR Doc. 2011-1284 Filed 1-21-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 118 (Wednesday, June 23, 2021)]
[Notices]
[Pages 32985-32987]
[FR Doc No: 2021-13101]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92196; File No. SR-CboeBZX-2021-019]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Order
Instituting Proceedings To Determine Whether To Approve or Disapprove a
Proposed Rule Change To List and Trade Shares of the VanEck Bitcoin
Trust Under BZX Rule 14.11(e)(4), Commodity-Based Trust Shares

June 16, 2021.
    On March 1, 2021, Cboe BZX Exchange, Inc. (``BZX'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
list and trade shares (``Shares'') of the VanEck Bitcoin Trust
(``Trust'') under BZX Rule 14.11(e)(4), Commodity-Based Trust Shares.
The proposed rule change was published for comment in the Federal
Register on March 19, 2021.\3\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 91326 (March 15,
2021), 86 FR 14987 (``Notice''). Comments on the proposed rule
change can be found at: https://www.sec.gov/comments/sr-cboebzx-2021-019/srcboebzx2021019.htm.
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    On April 28, 2021, pursuant to Section 19(b)(2) of the Act,\4\ the
Commission designated a longer period within which to approve the
proposed rule change, disapprove the proposed rule change, or institute
proceedings to determine whether to disapprove the proposed rule
change.\5\ This order institutes proceedings under Section 19(b)(2)(B)
of the Act \6\ to determine whether to approve or disapprove the
proposed rule change.
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    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 91695, 86 FR 24066
(May 5, 2021). The Commission designated June 17, 2021, as the date
by which it should approve, disapprove, or institute proceedings to
determine whether to disapprove the proposed rule change.
    \6\ 15 U.S.C. 78s(b)(2)(B).
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I. Summary of the Proposal

    As described in more detail in the Notice,\7\ the Exchange proposes
to list and trade the Shares of the Trust under BZX Rule 14.11(e)(4),
which governs the listing and trading of Commodity-Based Trust Shares
on the Exchange.
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    \7\ See Notice, supra note 3.
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    The investment objective of the Trust would be for the Shares to
reflect the performance of the MVIS[supreg] CryptoCompare Bitcoin
Benchmark Rate (``Benchmark''), less the expenses of the Trust's
operations.\8\ The Benchmark will be used to calculate the Trust's net
asset value (``NAV''). The Benchmark is designed to be a price for
bitcoin in USD and there is no component other than bitcoin in the
Benchmark. The current platform composition of the Benchmark is
Bitstamp, Coinbase, Gemini, itBit and Kraken. In calculating the
Benchmark, the methodology captures trade prices and sizes from
platforms and examines twenty three-minute periods leading up to 4:00
p.m. E.T. It then calculates an equal-weighted average of the volume-
weighted median price of these twenty three-minute periods, removing
the highest and lowest contributed prices.\9\
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    \8\ VanEck Digital Assets, LLC is the sponsor of the Trust, and
Delaware Trust Company is the trustee. The State Street Bank and
Trust Company will be the administrator (``Administrator'') and
transfer agent. Van Eck Securities Corporation will be the marketing
agent in connection with the creation and redemption of Shares. Van
Eck Securities Corporation provides assistance in the marketing of
the Shares. A third-party regulated custodian (``Custodian'') will
be responsible for custody of the Trust's bitcoin. See Notice, supra
note 3, 86 FR at 14995.
    \9\ See id. at 14995-996.
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    Each Share will represent a fractional undivided beneficial
interest in the Trust's net assets. The Trust's assets will consist of
bitcoin held by the Custodian on behalf of the Trust. The Trust
generally does not intend to hold cash or cash equivalents. However,
there may be situations where the Trust will unexpectedly hold cash on
a temporary basis.\10\
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    \10\ See id. at 14995.
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    The Administrator will determine the NAV and NAV per Share of the
Trust on each day that the Exchange is open for regular trading, as
promptly as practical after 4:00 p.m. E.T. The NAV of the Trust is the
aggregate value of the Trust's assets less its estimated accrued but
unpaid liabilities (which include accrued expenses). In determining the
Trust's NAV, the Administrator values the bitcoin held by the Trust
based on the price set by the Benchmark as of 4:00 p.m. E.T.\11\
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    \11\ See id. at 14996.
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    The Trust will provide information regarding the Trust's bitcoin
holdings, as well as an Intraday Indicative Value (``IIV'') per Share
updated every 15 seconds, as calculated by the Exchange or a third-
party financial data provider during the Exchange's Regular Trading
Hours (9:30 a.m. to 4:00 p.m. E.T.). The IIV will be calculated by
using the prior day's closing NAV per Share as a base and updating that
value during Regular Trading Hours to reflect changes in the value of
the Trust's bitcoin holdings during the trading day.\12\
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    \12\ See id.
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    When the Trust sells or redeems its Shares, it will do so in ``in-
kind'' transactions in blocks of 50,000 Shares at the Trust's NAV.
Authorized participants will deliver, or facilitate the delivery of,
bitcoin to the Trust's account with the Custodian in exchange for
Shares when they purchase Shares, and the Trust, through the Custodian,
will deliver bitcoin to such authorized participants when they redeem
Shares with the Trust.\13\
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    \13\ See id. at 14995.
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II. Proceedings To Determine Whether To Approve or Disapprove SR-
CboeBZX-2021-019 and Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Act \14\ to determine whether the proposed rule
change should be approved or disapproved. Institution of proceedings is
appropriate at this time in view of the legal and policy issues raised
by the proposed rule change, as discussed below. Institution of
proceedings does not indicate that the Commission has reached any
conclusions with respect to any of the issues involved. Rather, as
described below, the Commission seeks and encourages interested persons
to provide comments on the proposed rule change.
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    \14\ 15 U.S.C. 78s(b)(2)(B).
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    Pursuant to Section 19(b)(2)(B) of the Act,\15\ the Commission is
providing notice of the grounds for disapproval under consideration.
The Commission is instituting proceedings to allow for additional
analysis of the proposed rule change's consistency with Section 6(b)(5)
of the Act, which requires, among other things, that the rules of a
national securities exchange be ``designed to prevent fraudulent and
manipulative acts and practices'' and ``to protect investors and the
public interest.'' \16\
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    \15\ Id.
    \16\ 15 U.S.C. 78f(b)(5).
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    The Commission asks that commenters address the sufficiency of the
Exchange's statements in support of the proposal, which are set forth
in the Notice,\17\ in addition to any other comments they may wish to
submit about the proposed rule change. In particular, the Commission
seeks comment on the following questions and asks commenters to submit
data where appropriate to support their views:
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    \17\ See Notice, supra note 3.
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    1. What are commenters' views on whether the proposed Trust and
Shares would be susceptible to manipulation?

What are commenters' views generally on whether the Exchange's proposal
is designed to prevent fraudulent and manipulative acts and practices?
What are commenters' views generally with respect to the liquidity and
transparency of the bitcoin markets, the bitcoin markets'
susceptibility to manipulation, and thus the suitability of bitcoin as
an underlying asset for an exchange-traded product?
    2. What are commenters' views of the Exchange's assertion that
regulatory and financial landscapes relating to bitcoin and other
digital assets have changed significantly since 2016? \18\ Are the
changes that the Exchange identifies sufficient to support the
determination that the proposed listing and trading of the Shares are
consistent with the Act?
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    \18\ See id. at 14989.
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    3. The Exchange states that ``approving this proposal . . . [would]
allow U.S. investors with access to bitcoin in a regulated and
transparent exchange-traded vehicle that would act to limit risk''
associated with retail exposure through other means.\19\ Further, the
Exchange asserts that ``the manipulation concerns previously
articulated by the Commission are sufficiently mitigated to the point
that they are outweighed by quantifiable investor protection issues.''
\20\ What are commenters' view regarding such an assertion?
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    \19\ See id. at 14990.
    \20\ See id. at 14994.
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    4. According to the Exchange, ``[n]early every measurable metric
related to [Chicago Mercantile Exchange's] Bitcoin Futures has trended
consistently up since launch and/or accelerated upward in the past
year.'' \21\ Based on data provided and the academic research cited by
the Exchange, do commenters agree that the Chicago Mercantile Exchange
(``CME'') now represents a regulated market of significant size? \22\
What are commenters' views on whether there is a reasonable likelihood
that a person attempting to manipulate the Shares would also have to
trade on CME to manipulate the Shares? What of the Exchange's assertion
that the combination of (a) CME bitcoin futures leading price
discovery; (b) the overall size of the bitcoin market; and (c) the
ability for market participants to buy or sell large amounts of bitcoin
without significant market impact helps to prevent the Shares from
becoming the predominant force on pricing in either the bitcoin spot or
CME bitcoin futures markets? \23\
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    \21\ See id. at 14991.
    \22\ See id. at 14989.
    \23\ See id. at 14995.
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    5. What are commenters' views on the Exchange's statement,
generally, that bitcoin is resistant to price manipulation and that
other means to prevent fraudulent and manipulative acts and practices
exist to justify dispensing with the requisite surveillance sharing
agreement with a regulated market of significant size related to
bitcoin? \24\ What of the Exchange's assertion in support of such
statement that significant liquidity in the spot market and the
decreasing impact of market orders on the overall price of bitcoin mean
that attempting to move the price of bitcoin is costly? \25\ What of
the assertion that offering only in-kind creations and redemptions
provides unique protections against potential attempts to manipulate
the Shares and that the price the Sponsor uses to value the Trust's
bitcoin ``is not particularly important''? \26\
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    \24\ See id. at 14994 n.54.
    \25\ See id. at 14995.
    \26\ See id. at 14999.
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III. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written
submissions of their views, data, and arguments with respect to the
issues identified above, as well as any other concerns they may have
with the proposal. In particular, the Commission invites the written
views of interested persons concerning whether the proposal is
consistent with Section 6(b)(5) or any other provision of the Act, and
the rules and regulations thereunder. Although there do not appear to
be any issues relevant to approval or disapproval that would be
facilitated by an oral presentation of views, data, and arguments, the
Commission will consider, pursuant to Rule 19b-4, any request for an
opportunity to make an oral presentation.\27\
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    \27\ Section 19(b)(2) of the Act, as amended by the Securities
Act Amendments of 1975, Pub. L. 94-29 (June 4, 1975), grants the
Commission flexibility to determine what type of proceeding--either
oral or notice and opportunity for written comments--is appropriate
for consideration of a particular proposal by a self-regulatory
organization. See Securities Act Amendments of 1975, Senate Comm. on
Banking, Housing & Urban Affairs, S. Rep. No. 75, 94th Cong., 1st
Sess. 30 (1975).
---------------------------------------------------------------------------

    Interested persons are invited to submit written data, views, and
arguments regarding whether the proposal should be approved or
disapproved by July 14, 2021. Any person who wishes to file a rebuttal
to any other person's submission must file that rebuttal by July 28,
2021. 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-CboeBZX-2021-019 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-CboeBZX-2021-019. 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-CboeBZX-2021-019 and should be submitted
by July 14, 2021. Rebuttal comments should be submitted by July 28,
2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\28\
J. Matthew DeLesDernier,
Assistant Secretary.

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    \28\ 17 CFR 200.30-3(a)(57).
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[FR Doc. 2021-13101 Filed 6-22-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Rules and Regulations]
[Pages 3603-3605]
[FR Doc No: 2018-01494]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2016-0578; FRL-9970-96]

Calcium Salts of Phosphorous Acid; Exemption From the Requirement
of a Tolerance

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 the calcium salts of phosphorous acid. Verdesian
Life Sciences, LLC., submitted a petition to EPA under the Federal
Food, Drug, and Cosmetic Act (FFDCA). This regulation eliminates the
need to establish a maximum permissible level for residues of calcium
salts of phosphorous acid under FFDCA when used in accordance with the
terms of the exemption.

DATES: This regulation is effective January 26, 2018. Objections and
requests for hearings must be received on or before March 27, 2018, 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-2016-0578, 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: Robert McNally, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; main telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

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

    Under FFDCA section 408(g), 21 U.S.C. 346a(g), 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-2016-0578 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
March 27, 2018. 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-2016-0578, 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

    In the Federal Register of December 20, 2016 (81 FR 92758) (FRL-
9956-04), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance
petition (PP 6F8481) by Verdesian Life Sciences, LLC., 1001 Winstead
Dr., Suite 480, Cary, NC 27513. The petition requested that 40 CFR
180.1210 be amended to include residues of the systemic fungicide/
systemic acquired resistance (SAR) inducer calcium salts of phosphorous
acid in or on all food commodities when used as an agricultural
fungicide and in or on potatoes when applied as a post-harvest
treatment at 35,600 ppm or less phosphorous acid. That document
referenced a summary of the petition prepared by the petitioner
Verdesian Life Sciences, LLC, which is available in the docket via
http://www.regulations.gov. There were no comments received in response
to the notice of filing.
    The exemption being established in this action varies slightly from
what the petitioner requested, for the reasons described in Unit III.C.
below.

III. Final Rule

A. EPA's Safety Determination

    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 FFDCA section 408(c)(2)(B), in
establishing or maintaining in effect an exemption from the requirement
of a tolerance, EPA must take into account the factors set forth in
FFDCA section 408(b)(2)(C), which require EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance or tolerance exemption 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 . . . .'' Additionally, FFDCA section 408(b)(2)(D)
requires that EPA consider ``available information concerning the
cumulative effects of [a particular pesticide's] . . . residues and
other substances that have a common mechanism of toxicity.'' FFDCA
section 408(b)(2)(C) provides that EPA shall apply an additional
tenfold (10X) margin of safety for infants and children in the case of
threshold effects to account for prenatal and postnatal toxicity and
the completeness of the database on toxicity and exposure unless EPA
determines based on reliable data that a different margin of safety
will be safe for infants and children. This additional margin of safety
is commonly referred to as the FQPA Safety Factor (SF). In applying
this provision, EPA either retains the default value of 10X, or uses a
different additional safety factor when reliable data available to EPA
support the choice of a different factor.
    EPA evaluated the available toxicity and exposure data on calcium
salts of phosphorous acid and considered their validity, completeness,
and reliability, as well as the relationship of this information to
human risk.
    Because of the structural and functional similarity of calcium
salts of phosphorous acid with potassium salts of phosphorous acid,
Fosetyl-Al, and phosphonic acid, EPA was able to rely on toxicity data
for those compounds to assess the toxicity potential of calcium salts
of phosphorous acid. The resulting assessment indicates that calcium
salts of phosphorous acid would not be considered acutely toxic nor
present other concerns for subchronic or chronic toxicity,
developmental toxicity, or mutagenicity. As such the Agency has not
identified any endpoints of concern for calcium salts and has conducted
a qualitative assessment of exposure. The Agency has determined that
there is a potential for dietary exposure to residues of calcium salts
of phosphorous acid in or on food from use as a pesticidal substance;
exposures in drinking water are not expected due to the dissolution of
calcium salts of phosphorous acid in water, and non-occupational
exposures are not expected since calcium salts of phosphorous acid are
not intended for residential use. A full explanation of the data upon
which EPA relied and its risk assessment based on those data can be
found within the November 8, 2017, document entitled ``Federal Food,
Drug, and Cosmetic Act (FFDCA) Considerations for Calcium Salts of
Phosphorous Acid.'' This document, as well as other relevant
information, is available in the docket for this action as described
under ADDRESSES.
    Based upon its evaluation, EPA concludes that calcium salts of
phosphorous acid are not toxic. Although there may be some exposure to
residues in or on food when calcium salts of phosphorous acid are used
as an agricultural fungicide or a systemic acquired resistance inducer,
there is a lack of concern due to the lack of potential for adverse
effects. EPA also determined that retention of the Food Quality
Protection Act (FQPA) safety factor was not necessary due to the lack
of threshold effects.
    Therefore, EPA concludes that there is a reasonable certainty that
no harm will result to the U.S. population, including infants and
children, from aggregate exposure to residues of calcium salts of
phosphorous acid. Therefore, EPA is establishing an exemption from the
requirement of a tolerance for residues of calcium salts of phosphorous
acid.

B. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes due
to the lack of concern about safety for calcium salts of phosphorous
acid at any exposure level.

C. Revisions to Petitioned-for Tolerances

    EPA is establishing an exemption that varies slightly from what the
petitioner requested. Because the petitioner requested the systemic
acquired resistance inducer use specifically for calcium salts, which
has not been assessed for the other salts of phosphorous acid, EPA is
promulgating this exemption as a separate paragraph in the section for
exemptions for residues of phosphorous acid and its salts. Moreover,
the Agency is not including any specific reference for the post-harvest
use on potatoes as requested for two reasons. First, unless otherwise
specified, tolerances cover both pre-harvest and post-harvest
applications. Second, because the original numerical limitation is
written in terms of an amount of phosphorous

acid that may be used, this limitation has no effect for an exemption
based only on the related calcium salts of phosphorous acid, which have
been considered as a distinct fungicide, although it is related to all
the other salts of phosphorous acid. In any case, residues of calcium
salts of phosphorous acid are considered to be covered for all post-
harvest uses without numerical limitation, including those on potatoes.

IV. Statutory and Executive Order Reviews

    This action establishes a tolerance exemption under FFDCA section
408(d) in response to a petition submitted to EPA. 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); nor is it considered a
regulatory action under Executive Order 13771, entitled ``Reducing
Regulations and Controlling Regulatory Costs'' (82 FR 9339, February 3,
2017). 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
exemption in this action, 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. As a result, this
action does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, EPA 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, EPA 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 EPA's 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).

V. 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: January 5, 2018.
Richard P. Keigwin, Jr.,
Director, 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. Revise Sec.  180.1210 to read as follows:

Sec.  180.1210  Phosphorous acid; exemption from the requirement of a
tolerance.

    (a) An exemption from the requirement of a tolerance is established
for residues of phosphorous acid and its ammonium, sodium and potassium
salts in or on all food commodities when used as an agricultural
fungicide and in or on potatoes when applied as a post-harvest
treatment at 35,600 ppm or less phosphorous acid.
    (b) An exemption from the requirement of a tolerance is established
for residues of calcium salts of phosphorous acid, including its
metabolites and degradates, in or on all food commodities when used as
a fungicide or as a systemic acquired resistance (SAR) inducer.

[FR Doc. 2018-01494 Filed 1-25-18; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 187 (Tuesday, September 27, 2011)]
[Notices]
[Pages 59674-59675]
[FR Doc No: 2011-24743]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

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

    Docket Numbers: ER10-3246-001; ER11-2044-003; ER11-3876-002; ER10-
2605-001.
    Applicants: MidAmerican Energy Company, Cordova Energy Company LLC,
PacifiCorp, Yuma Cogeneration Associates.
    Description: Notice of Change in Status of PacifiCorp, MidAmerican
Energy Co., Cordova Energy Co., LLC, and Yuma Cogeneration Associates.
    Filed Date: 09/14/2011.
    Accession Number: 20110914-5142.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 05, 2011.

    Docket Numbers: ER11-2970-002.
    Applicants: Peetz Logan Interconnect, LLC.
    Description: Peetz Logan Interconnect, LLC submits tariff filing
per 35: Peetz Logan Interconnect, LLC OATT Compliance Filing to
Attachment C to be effective 11/13/2011.
    Filed Date: 09/14/2011.
    Accession Number: 20110914-5082.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 05, 2011.

    Docket Numbers: ER11-4177-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.17(b): Amendment to 607R14 Westar Energy, Inc. NITSA NOA to be
effective 7/1/2011.
    Filed Date: 09/14/2011.
    Accession Number: 20110914-5108.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 05, 2011.

    Docket Numbers: ER11-4522-000.
    Applicants: AEP Texas Central Company.
    Description: AEP Texas Central Company submits tariff filing per
35.13(a)(2)(iii: 20110914 TCC-Magic Valley Wind Farm I Amd.1 IA to be
effective 8/16/2011.
    Filed Date: 09/14/2011.
    Accession Number: 20110914-5080.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 05, 2011.

    Docket Numbers: ER11-4523-000.
    Applicants: AEP Texas North Company.
    Description: AEP Texas North Company submits tariff filing per
35.13(a)(2)(iii: TNC-FRV Bryan Solar Preliminary Development Agreement
to be effective 8/30/2011.
    Filed Date: 09/14/2011.
    Accession Number: 20110914-5087.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 05, 2011.

    Docket Numbers: ER11-4524-000.
    Applicants: Haverhill North Coke Company.
    Description: Haverhill North Coke Company submits tariff filing per
35.12: Haverhill North Coke Baseline filing to be effective 9/14/2011.
    Filed Date: 09/14/2011.
    Accession Number: 20110914-5093.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 05, 2011.

    Docket Numbers: ER11-4525-000.
    Applicants: Middletown Coke Company, LLC.
    Description: Middletown Coke Company, LLC submits tariff filing per
35.12: Middletown Baseline Tariff to be effective 9/14/2011.
    Filed Date: 09/14/2011.
    Accession Number: 20110914-5107.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 05, 2011.

    Docket Numbers: ER11-4526-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.13(a)(2)(iii: Queue Position None; Original Service Agreement No.
3056 to be effective 8/15/2011.
    Filed Date: 09/14/2011.
    Accession Number: 20110914-5119.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 05, 2011.

    Docket Numbers: ER11-4527-000.

    Applicants: Record Hill Wind LLC.
    Description: Record Hill Wind LLC submits tariff filing per 35.12:
Application for Market-Based Rate Authority to be effective 10/5/2011.
    Filed Date: 09/15/2011.
    Accession Number: 20110915-5000.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 06, 2011.

    Docket Numbers: ER11-4528-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Notice of Cancellation of Original Service Agreement
No. 1846 submitted on behalf of PJM Interconnection, L.L.C.
    Filed Date: 09/14/2011.
    Accession Number: 20110914-5139.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 05, 2011.

    Docket Numbers: ER11-4529-000.
    Applicants: Green Light Energy, LLC.
    Description: Notification of Cancellation Green Light Energy LLC
seeks to cancel its market-based rate tariff originally accepted in
ER11-4529.
    Filed Date: 09/15/2011.
    Accession Number: 20110915-5034.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 06, 2011.

    Docket Numbers: ER11-4530-000.
    Applicants: Dynamic PL, LLC.
    Description: Dynamic PL, LLC submits tariff filing per 35.1:
Dynamic PL, LLC Re-file to be effective 9/15/2011.
    Filed Date: 09/15/2011.
    Accession Number: 20110915-5044.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 06, 2011.

    Docket Numbers: ER11-4531-000.
    Applicants: Reliable Power, LLC.
    Description: Reliable Power, LLC submits tariff filing per 35.1:
Reliable Power, LLC MBR Re-file to be effective 9/15/2011.
    Filed Date: 09/15/2011.
    Accession Number: 20110915-5047.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 06, 2011.

    Docket Numbers: ER11-4532-000.
    Applicants: S.J. Energy Partners, Inc.
    Description: S.J. Energy Partners, Inc. submits tariff filing per
35.1: S.J. Energy Partners, Inc. Market Based Rates Re-file to be
effective 9/15/2011.
    Filed Date: 09/15/2011.
    Accession Number: 20110915-5050.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 06, 2011.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 15, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-24743 Filed 9-26-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 227 (Monday, November 25, 2013)]
[Notices]
[Page 70299]
[FR Doc No: 2013-28131]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER14-407-000]

Capacity Markets Partners, 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
Capacity Markets Partners, 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 December 9, 2013.
    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 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 email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: November 18, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-28131 Filed 11-22-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Notices]
[Pages 67010-67012]
[FR Doc No: 2016-23580]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0022]

Student Data Form; Extension of the Office of Management and
Budget's (OMB) Approval of Information Collection (Paperwork)
Requirements

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

ACTION: Request for public comments.

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

SUMMARY: OSHA solicits public comments concerning its proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements

contained in the Student Data Form (OSHA Form 182).

DATES: Comments must be submitted (postmarked, sent, or received) by
November 28, 2016.

ADDRESSES:
    Electronically: You may 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 your comments, including attachments, are not longer
than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket Number OSHA-2010-0022,
U.S. Department of Labor, Room N-2625, 200 Constitution Avenue NW.,
Washington, DC 20210. Deliveries (hand, express mail, messenger, and
courier service) are accepted during the Department of Labor's and
Docket Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and the
OSHA docket number (OSHA-2010-0022) for this Information Collection
Request (ICR). All comments, including any personal information you
provide, are placed in the public docket without change, and may be
made available online at http://www.regulations.gov. For further
information on submitting comments see the ``Public Participation''
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download from the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609,
200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accord with the Paperwork Reduction Act of
1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651
et seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the OSH Act or for developing
information regarding the causes and prevention of occupational
injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also
requires that OSHA obtain such information with minimal burden upon
employers, especially those operating small businesses, and to reduce
to the maximum extent feasible unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657). The OSH Act authorizes the
Occupational Safety and Health Administration (``OSHA'' or the
``Agency'') to conduct education and training courses (29 U.S.C. 670).
These courses must educate an adequate number of qualified personnel to
fulfill the purposes of the OSH Act, provide them with short-term
training, inform them of the importance and proper use of safety and
health equipment, and train employers and workers to recognize, avoid,
and prevent unsafe and unhealthful working conditions.
    Under Section 21 of the OSH Act, the OSHA Training Institute (the
``Institute'') provides basic, intermediate, and advanced training and
education in occupational safety and health for state compliance
officers, Agency professionals and technical-support personnel,
employers, workers, organizations representing workers and employers,
educators who develop curricula and teach occupational safety and
health courses, and representatives of professional safety and health
groups. The Institute provides courses on occupational safety and
health at its national training facility in Arlington Heights,
Illinois.
    Students attending Institute courses complete the one-page Student
Data Form (OSHA Form 182) on the first day of class. The form provides
information under five major categories titled ``Course Information,''
``Personal Data,'' ``Employer Data,'' ``Emergency Contacts,'' and
``Student Groups.'' The OSHA Directorate of Training and Education (the
``Directorate'') compiles, for each fiscal year, the following
information from the ``Course Information'' and ``Student Groups''
categories: Total student attendance at the Institute; the number of
students attending each training course offered by the Institute; and
the types of students attending these courses (for example, students
from federal or state occupational safety and health agencies). The
Directorate uses this information to demonstrate, in an accurate and
timely manner, that the Agency is providing the training and worker
education mandated by Section 21 of the OSH Act. OSHA also uses this
information to evaluate training output, and to make decisions
regarding program/course revisions, budget support, and tuition costs.
    The Agency uses the information collected under the ``Course
Information,'' ``Personal Data,'' and ``Employer Data'' to identify
private sector students so that it can collect tuition costs from them
or their employers as authorized by 31 U.S.C. 9701 (``Fees and Charges
for Government Services and Things of Value''); Office of Management
and Budget Circular A-25 (``User Charges''); and 29 CFR part 1949
(``Directorate of Training and Education, Occupational Safety and
Health Administration''). The information in the ``Personal Data'' and
``Emergency Contacts'' categories permits OSHA to contact students who
are residing in local hotels/motels if an emergency arises at their
home or place of employment, and to alert supervisors/alternate
contacts of a trainee's injury or illness.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of the Agency's estimate of the burden (time
and costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other

technological information collection and transmission techniques.

III. Proposed Actions

    The Agency is requesting an adjustment increase of 160 burden hours
(from 240 hours to 400 hours) as a result of the increasing number of
students attending the Institute from 3,000 to 5,000 students. The
Agency will summarize the comments submitted in response to this
notice, and will include this summary in the request for approval to
OMB.
    Type of Review: Extension of a currently approved collection.
    Title: Student Data Form (OSHA Form 182).
    OMB Control Number: 1218-0172.
    Affected Public: Individuals; business or other for-profit
organizations; Federal government; State, Local, or Tribal governments.
    Number of Respondents: 5,000.
    Frequency of Responses: On occasion.
    Total Responses: 5,000.
    Average Time per Response: 5 minutes (.08 hour).
    Estimated Total Burden Hours: 400 hours.
    Estimated Cost (Operation and Maintenance): $0.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number (OSHA-2010-0022) for this ICR. You may
supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or a facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the Agency can attach them
to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger or courier service, please contact the OSHA
Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
dates of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download from this Web
site. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://www.regulations.gov Web site to submit comments and
access the docket is available at the Web site's ``User Tips'' link.
Contact the OSHA Docket Office for information about materials not
available from the Web site, and for assistance in using the Internet
to locate docket submissions.
    Electronic copies of this Federal Register document are available
at http://www.regulations.gov. This document, as well as news releases
and other relevant information, are available at OSHA's Web page at
http://www.osha.gov.

V. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).

    Signed at Washington, DC, on September 26, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-23580 Filed 9-28-16; 8:45 am]
 BILLING CODE 4510-26-P


[Federal Register Volume 87, Number 9 (Thursday, January 13, 2022)]
[Notices]
[Pages 2159-2162]
[FR Doc No: 2022-00561]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2021-N-1302]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Registration of Food Facilities

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
an opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(PRA), Federal Agencies are required to publish notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information, and
to allow 60 days for public comment in response to the notice. This
notice solicits comments on the information collection provisions of
the Agency's regulations that require registration for domestic and
foreign facilities that manufacture, process, pack, or hold food for
human or animal consumption in the United States.

DATES: Submit either electronic or written comments on the collection
of information by March 14, 2022.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before March 14, 2022. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of March 14, 2022. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2021-N-1302 for ``Agency Information Collection Activities;
Proposed Collection; Comment Request; Registration of Food
Facilities.'' Received comments, those filed in a timely manner (see
ADDRESSES), will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3521), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Registration of Food Facilities

OMB Control Number 0910-0502--Extension

    The Public Health Security and Bioterrorism Preparedness and
Response Act of 2002 (the Bioterrorism Act) amended the Federal Food,
Drug, and Cosmetic Act (FD&C Act), to require, among other things,
domestic and foreign facilities that manufacture, process, pack, or
hold food for human or animal consumption in the United States to
register with FDA. Sections 1.230 to 1.235 of our regulations (21 CFR
1.230 to 1.235) set forth the requirements for the registration of food
facilities. Information provided to us under these regulations helps us
to quickly notify the facilities that might be affected by a deliberate
or accidental contamination of the food supply. In addition, data
collected through registration is used to support FDA enforcement
activities and to screen imported food shipments.
    Advance notice of imported food allows FDA, with the support of the
Bureau of Customs and Border Protection, to target import inspections
more effectively and help protect the nation's food supply against
terrorist acts and other public health emergencies. If a facility is
not registered or the registration for a facility is not updated when
necessary, we may not be able to contact the facility and may not be
able to target import inspections effectively in case of a known or
potential threat to the food supply or other food-related emergency,
putting consumers at risk of consuming hazardous food products that
could cause serious adverse health consequences or death.
    To assist respondents of the information collection we developed
the following forms. Each facility that manufactures, processes, packs,
or holds food for human or animal consumption in the United States must
register with FDA using Form FDA 3537 entitled ``Food Facility
Registration'' (Sec.  1.231), unless exempt under 21 CFR 1.226 from the
requirement to register. To cancel a registration, respondents must use
Form FDA 3537a entitled ``Cancellation of Food Facility Registration''
(Sec.  1.235). The terms ``Form FDA 3537'' and ``Form FDA 3537a'' refer
to both the paper version of each form and the electronic system known
as the Food Facility Registration Module, which is available at https://www.access.fda.gov. Registrations, updates, and cancellations are
required to be submitted electronically. Domestic facilities are
required to register whether or not food from the facility enters
interstate commerce. Foreign facilities that manufacture, process,
pack, or hold food also are required to register unless food from that
facility undergoes further processing (including packaging) by another
foreign facility outside the United States. However, if the further
manufacturing/processing conducted by the subsequent facility consists
of adding labeling or any similar activity of a de minimis nature, the
former facility is required to register. In addition to the initial
registration requirements, a facility is required to submit timely
updates within 60 days of a change to any required information on its
registration form, using Form FDA 3537 (Sec.  1.234), and to cancel its
registration when the facility ceases to operate or is sold to new
owners or ceases to manufacture, process, pack, or hold food for
consumption in the United States, using Form FDA 3537a (Sec.  1.235).
    Registration is one of several tools under the Bioterrorism Act
that enables us to act quickly in responding to a threatened or actual
bioterrorist attack on the U.S. food supply or other food-related
emergency. Further, in the event of an outbreak of foodborne illness,
the information provided helps us determine the source and cause of the
event and enables us to quickly notify food facilities that might be
affected by an outbreak, terrorist attack, or other emergency. Finally,
the registration requirements enable us to quickly identify and remove
from commerce an article of food for which there is a reasonable
probability that the use of, or exposure to, such article of food will
cause serious adverse health consequences or death to humans or
animals.
    Description of Respondents: Respondents to this collection of
information are owners, operators, or agents in charge of domestic or
foreign facilities that manufacture, process, pack, or hold food for
human or animal consumption in the United States.
    We estimate the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
    Activity; 21 CFR section         Number of     responses per   Total annual   Average burden       Total
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
New domestic facility                      9,795               1           9,795             2.7          26,447
 registration; 1.230-1.233......
New foreign facility                      13,697               1          13,697             8.7         119,164
 registration; 1.230-1.233......
Updates; 1.234..................          53,836               1          53,836             1.2          64,603
Cancellations; 1.235............           6,390               1           6,390               1           6,390
Biennial renewals; 1.235........          97,883               1          97,883            0.38          37,196
3rd party registration                    41,256               1          41,256            0.25          10,314
 verification...................
U.S. Agent verification.........          57,070               1          57,070            0.25          14,268
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............         279,927  ..............         278,382
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Based on a review of the information collection since our last
request for OMB approval, we have made no adjustments to our burden
estimate.

    Dated: January 4, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-00561 Filed 1-12-22; 8:45 am]
BILLING CODE 4164-01-P