[Federal Register: March 22, 2010 (Volume 75, Number 54)]
[Proposed Rules]
[Page 13454-13457]
[DOCID:fr22mr10-9]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2009-0520]
RIN 1625-AA08

Special Local Regulation, Fran Schnarr Open Water Championships,
Huntington Bay, NY

AGENCY: Coast Guard, DHS.

ACTION: Supplemental Notice of proposed rulemaking.

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SUMMARY: This document supplements the Coast Guard's October 6, 2009
proposal to establish a permanent Special Local Regulation on the
navigable waters of Huntington Bay, New York due to the annual Fran
Schnarr Open Water Championships. The Special Local Regulation is
required to provide for the safety of life by protecting swimmers and
their safety craft from the hazards imposed by marine traffic. This
supplemental notice of proposed rulemaking will reduce the size of the
proposed regulated area, clarify the course description and revise the
anticipated enforcement period of the special local regulation.

DATES: Comments and related material must reach the Coast Guard on or
before April 21, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0520 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail: Chief Petty Officer Christie Dixon, Prevention
Department, USCG Sector Long Island Sound at<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0520), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be

considered as having been received by the Coast Guard when it is
received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an e-mail address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2009-0520'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2009-0520 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. You may also visit the
Docket Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue,
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. We have an agreement with the
Department of Transportation to use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.

Background and Purpose

    Over the last several years, Metropolitan Swimming, Inc. has hosted
an annual open water championship swim on the waters of Huntington Bay,
NY during a single day in July. This swim has historically involved up
to 150 swimmers and accompanying safety craft. Prior to this rule there
was not a permanent regulation in place to protect the swimmers or
safety craft from the hazards imposed by marine traffic.
    On October 6, 2009 the Coast Guard published a Notice of Proposed
Rulemaking with request for comments titled, ``Special Local
Regulation, Fran Schnarr Open Water Championships, Huntington Bay, NY''
(Docket number USCG-2009-0520) in the Federal Register (74 FR 51243).
No comments or requests for meetings were received. During the final
edits of the Final Rule the Coast Guard realized that the description
of the regulated area was incorrect, in that the regulated area was
over-large, and that the descriptions of the regulated area and of the
enforcement period could be more clearly stated. This supplemental
notice of proposed rulemaking reduces the regulated area from ``within
100 yards of the swim race course'' to ``within 100 yards of any
swimmer,'' clarifies the race course description by removing the
decimal seconds and removes the times (7:15 a.m.-1:30 p.m.) from the
anticipated enforcement date section.

Discussion of Proposed Rule

    The Coast Guard proposes to establish a permanent special local
regulation on the navigable waters of Huntington Bay, New York that
would exclude all unauthorized persons and vessels from approaching
within 100 yards of any swimmer or safety craft on the race course. The
race course, hereby referred to as, the regulated area, is bounded by
the following approximate points: Start/Finish at approximate location
40[deg]54'26'' N 073[deg]24'29'' W, East Turn at approximate location
40[deg]54'45'' N 073[deg]23'37'' W and a West Turn at approximate
location 40[deg]54'31'' N 073[deg]25'21'' W.
    The duration of the event, and thus the enforcement period of the
special local regulation is generally from 7:15 a.m. to 1:30 p.m. on
the day of the race. The special local regulation will be enforced for
approximately six and quarter hours on the day of the race, normally
held on a single day each July. Notification of the race date and
subsequent enforcement of the special local regulation will be made via
a Notice of Enforcement in the Federal Register, marine broadcasts and
local notice to mariners.
    During the enforcement period no person or vessel may approach or
remain within 100 yards of any swimmer or safety craft within the
regulated area during the enforcement period of this regulation unless
they are officially participating in the Fran Schnarr Open Water
Championships event or are otherwise authorized by the Captain of the
Port Long Island Sound or by Designated On-scene Patrol Personnel. Any
violation of the special local regulation described herein is
punishable by civil and criminal penalties, in rem liability against
the offending vessel, and license sanctions.

Regulatory Analyses

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

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
    We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. This
regulation may have some impact on the public, but the potential impact
would be minimized for the following reasons: Marine traffic may
transit in all areas of Huntington Bay, other than within 100 yards of
event participants within the regulated area. Marine traffic passing
through the regulated area would only have minimal increased transit
time and the special local regulation will only be enforced for
approximately four and a quarter hours on a single specified day each
July, made publicly known in advance of the scheduled event.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities.

The term ``small entities'' comprises small businesses, not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule may affect the following
entities, some of which may be small entities: the owners or operators
of vessels intending to transit in those portions of Huntington Bay, NY
covered by the special local regulation. Before the activation of the
zone, we would issue maritime advisories in advance of the event and
make them widely available to users of the waterway. For the reasons
outlined in the Regulatory Evaluation section above, this rule will not
have a significant impact on a substantial number of small entities.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact: Chief Petty Officer Christie
Dixon, Prevention Department, USCG Sector Long Island Sound at 203-468-
4459<EMAIL_ADDRESS>The Coast Guard will not retaliate
against small entities that question or complain about this proposed
rule or any policy or action of the Coast Guard.

Collection of Information

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

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

Unfunded Mandates Reform Act

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

Taking of Private Property

    This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actins and Interference with Constitutionally Protected
Property Rights.

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves the promulgation of special local regulations in
conjunction with a permitted marine event and falls under the category
of actions under paragraph 34(h) of the instruction for which further
environmental analysis is not normally required. We seek any comments
or information that may lead to the discovery of a significant
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  33 U.S.C. 1233.

    2. Add Sec.  100.122 to read as follows:

Sec.  100.122  Fran Schnarr Open Water Championships, Huntington Bay,
New York.

    (a) Regulated area. All navigable waters of Huntington Bay, NY
within 100 yards of any swimmer or safety craft on the race course
bounded by the following points: Start/Finish at approximate location
40[deg]54[min]26[sec] N 073[deg]24[min]29[sec] W, East Turn at
approximate location 40[deg]54[min]45[sec] N 073[deg]23[min]37[sec] W
and a West Turn at approximate location 40[deg]54[min]31[sec] N
073[deg]25[min]21[sec] W.
    (b) Definitions. The following definitions apply to this section:
Designated On-scene Patrol Personnel, means any commissioned, warrant
or petty officer of the U.S. Coast Guard operating Coast Guard vessels
who have been authorized to act on the behalf of the Captain of the
Port Long Island Sound.
    (c) Special local regulations. (1) No person or vessel may approach
or remain within 100 yards of any swimmer or safety craft within the
regulated area during the enforcement period of this regulation unless
they are officially participating in the Fran Schnarr Open Water
Championships event or are otherwise authorized by the Captain of the
Port Long Island Sound or by Designated On-scene Patrol Personnel.
    (2) All persons and vessels must comply with the instructions from
Coast Guard Captain of the Port or the Designated On-scene Patrol
Personnel. The Designated On-scene Patrol Personnel may delay, modify,
or cancel the swim event as conditions or circumstances require.
    (3) Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of the vessel must proceed
as directed.
    (4) Persons and vessels desiring to enter the regulated area within
100 yards of a swimmer or safety craft may request permission to enter
from the designated on scene patrol personnel by contacting them on
VHF-16 or by a request to the Captain of the Port Long Island Sound via
phone at<PHONE_NUMBER>.
    (d) Enforcement Period. This rule is enforced on a specified day
each July to be determined on an annual basis. Notification of the
specific date, times and enforcement of the special local regulation
will be made via a Notice of Enforcement in the Federal Register,
separate marine broadcasts and local notice to mariners.

    Dated: February 11, 2010.
Daniel A. Ronan,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2010-6159 Filed 3-19-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 34 (Friday, February 20, 2015)]
[Rules and Regulations]
[Pages 9209-9215]
[FR Doc No: 2015-03458]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2013-0670; FRL-9922-08]

Dimethenamid; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of
dimethenamid in or on cottonseed subgroup 20C and cotton, gin
byproducts. BASF Corporation requested these tolerances under the
Federal Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective February 20, 2015. Objections and
requests for hearings must be received on or before April 21, 2015, 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-2013-0670, 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: Susan Lewis, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

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

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

    You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Government
Publishing 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, 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-2013-0670 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
April 21, 2015. 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-2013-0670, 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. Summary of Petitioned-For Tolerance

    In the Federal Register of October 25, 2013 (78 FR 63938) (FRL-
9901-96), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
3F8197) by BASF Corporation, 26 Davis Drive, P.O. Box 13528, Research
Triangle Park, NC 27709-3528. The petition requested that 40 CFR
180.464 be amended by establishing tolerances for residues of the
herbicide dimethenamid (1(RS)-2-chloro-N-[(1-methyl-2-methoxy)ethyl]-N-
(2,4-dimethylthien-3-yl)acetamide) in or on cottonseed, subgroup 20C at
0.01 parts per million (ppm); cotton, gin byproducts at 1.5 ppm; and
cotton, seed, refined oil at 0.02 ppm. Compliance with the tolerance
levels is to be determined by measuring only parent. Tolerances would
apply to either dimethenamid-P (a 90:10 mixture of S- and R-isomers, a
mixture enriched in S-isomer) or dimethenamid (a 50:50 racemic mixture
of S- and R-isomers). The enforcement method is not enantiomer
specific. That document referenced a summary of the petition prepared
by BASF Corporation, the registrant, which is available in the docket,
http://www.regulations.gov. There were no comments received in response
to the notice of filing.
    Based upon review of the data supporting the petition, EPA has
determined that a separate tolerance in cotton, seed, and refined oil
is not needed. The reason for these changes are explained in Unit IV.C.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(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.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing 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 FFDCA section 408(b)(2)(D), and the factors
specified in FFDCA section 408(b)(2)(D), 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 dimethenamid including exposure
resulting from the tolerances established by this action. EPA's
assessment of exposures and risks associated with dimethenamid 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.
    The existing toxicological database is comprised of studies
conducted with both dimethenamid, which is a racemic mixture of S- and
R-isomers (50:50, S:R), and dimethenamid-P, which is mixture of S- and
R-isomers enriched in the S-isomer (90:10, S:R). Both sets of data for
dimethenamid and dimethenamid-P show similar toxicity and together are
adequate for risk assessment. Because of the similarity of the two
mixtures, EPA relies on data for both to assess the hazard of each
mixture.
    The primary target organ is the liver. The toxicity in 90-day
feeding studies in rats showed decreased body weights, increased
cholesterol and changes in liver weights along with histopathology
showing microscopic effects (centrilobular hypertrophy, periportal
eosinophilic inclusions and necrosis) in the liver. Chronic studies in
the rat, mouse, and dog showed decreases in body weight and food
efficiency as accompanying effects over time. At higher dose levels,
liver pathology (hepatic lesions, bile duct hyperplasia, and tumors),
stomach hyperplasia, and some indications of kidney effects were noted.
Two 21-day dermal toxicity studies in rabbits were conducted and in one
of those studies minor skin irritation was observed at all doses tested
and a decrease in body weight (bw) gain was also seen at the lowest
effect level.
    The acute neurotoxicity study resulted in effects such as partially
closed eyelids, lacrimation, and slight salivation at the highest dose
tested of (600 milligrams/kilograms/body weight (mg/kg/bw)). There were
no treatment-related or toxicologically significant findings during the
gross examination of rats or in the microscopic examination of
neurological tissues. In the subchronic neurotoxicity study, there were
no clinical signs seen and no adverse effects seen up to 323/390 mg/kg/
bw day. Systemic effects seen were renal pelvic dilation in males
(considered incidental) and a trend of higher liver weights in females
was found at the lowest dose tested and

were not considered adverse nor were they corroborated with any other
guideline studies submitted. There were no liver histopathology or
clinical chemistry measurements in the subchronic neurotoxicity study;
however, the adversity of this finding is supported by the observation
of multiple liver effects (increased cholesterol, increased total serum
protein, increased liver weights, and enlarged centrilobular
hepatocytes) in the 90-day rat study at doses of 98/119 (Male/Female)
milligrams/kilograms/day (mg/kg/day) and above. There was no
neurotoxicity observed at higher doses nor in other guideline studies.
    Developmental toxicity studies show increased post-implantation
loss and minor skeletal variations in the rat, and late resorptions and
minor skeletal variations in the rabbit at the highest dose tested
(lowest observed adverse effect level: LOAEL, 425 mg/kg/day). In the
rabbit, the developmental effects occurred at the same dose as maternal
toxicity (LOAEL, 150 mg/kg/day), whereas in the rat, the developmental
toxicity occurred at much higher doses than in the dams (LOAEL, 215 mg/
kg/day). The chosen no observed adverse effect level (NOAEL) of 75 mg/
kg/day is considered protective for effects seen in both studies. The
reproduction study resulted in decreases in body weight in both pups
and parental animals at the same dose levels. The only other effects
noted at the LOAEL of 150 mg/kg/day were increases in liver weights in
both male and female parental animals.
    A review of the immunotoxicity study resulted in no immunotoxicity
effects at the limit dose of 1,167 milligrams/kilograms (mg/kg),
although increased absolute and relative liver weights were seen at
this dose level. Dimethenamid-P is classified as group ``C'' possible
human carcinogen, based on weak evidence for carcinogenicity.
    The agency concluded that quantification of cancer risk using a
non-linear approach would adequately account for all chronic toxicity
(including carcinogenicity) that could result from exposure to
dimethenamid based on the following weight of evidence considerations:
    1. No statistically significant increase in liver tumors (only an
increasing trend for liver tumors in one sex (male) and one species
(rat)).
    2. No evidence of carcinogenicity in male or female mice.
    3. Equivocal evidence for mutagenicity.
    4. The POD of 5 mg/kg/day used for human health risk assessment is
15-fold lower than the dose (75 mg/kg/day) that caused the liver tumors
and thus considered protective for cancer.
    Specific information on the studies received and the nature of the
adverse effects caused as well as the NOAEL and the LOAEL from the
toxicity studies can be found at http://www.regulations.gov in document
titled, ``Dimethenamid/Dimethenamid-P. Human Health Risk Assessment for
Proposed New Use on Cottonseed Subgroup 20C.,'' on pg. 42-48, in docket
ID number EPA-HQ-OPP-2013-0670.

B. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA
identifies toxicological POD and levels of concern (LOC) 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 the NOAEL and the LOAEL are identified. 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
expected 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. A summary of the toxicological endpoints for
Dimethenamid/Dimethenamid-P used for human risk assessment is shown in
Table 1 of this unit.

  Table 1--Summary of Toxicological Doses and Endpoints for Dimethenamid/Dimethenamid-P for Use in Human Health
                                                 Risk Assessment
----------------------------------------------------------------------------------------------------------------
                                    Point of departure
        Exposure/scenario            and uncertainty/     RfD, PAD, LOC for     Study and toxicological effects
                                      safety factors       risk assessment
----------------------------------------------------------------------------------------------------------------
Acute dietary (General population  NOAEL = 200 mg/kg/    Acute RfD = 2.0 mg/  Acute Neurotoxicity.
 including infants and children).   day                   kg/day.             LOAEL = 600 mg/kg/day based on
                                   UFA = 10x...........  aPAD = 2.0 mg/kg/     lacrimation, salivation,
                                   UFH = 10x...........   day.                 irregular and accelerated
                                   FQPA SF = 1x........                        respiration, slight tremors,
                                                                               reduced exploration, unsteady
                                                                               gait, and significantly reduced
                                                                               rearing.
----------------------------------------------------------------------------------------------------------------
Acute dietary (Females 13-49       NOAEL = 75 mg/kg/day  Acute RfD = 0.75 mg/ Developmental Rabbit Study
 years of age).                    UFA = 10x...........   kg/day.              Maternal. LOAEL = 150 mg/kg/day
                                   UFH = 10x...........  aPAD = 0.75 mg/kg/    based on abortions (not
                                   FQPA SF = 1x........   day.                 considered acute effect).
                                                                              Developmental; LOAEL = 150 mg/kg/
                                                                               day based on post-implantation
                                                                               loss.
----------------------------------------------------------------------------------------------------------------
Chronic dietary (All populations)  NOAEL = 5 mg/kg/day   Chronic RfD = 0.05   Chronic/Carcinogenicity Rat Study.
                                   UFA = 10x...........   mg/kg/day.          LOAEL = Male/Female; 36/49 mg/kg/
                                   UFH = 10x...........  cPAD = 0.05 mg/kg/    day based on decreased body
                                   FQPA SF = 1x........   day.                 weight and body weight gain in
                                                                               both sexes, increased food
                                                                               conversion ratios in females, and
                                                                               increased microscopic hepatic
                                                                               lesions in both sexes.
----------------------------------------------------------------------------------------------------------------

Incidental oral short-term and     NOAEL = 10 mg/kg/day  LOC for MOE = 100..  Subchronic/Chronic Oral Dog
 intermediate-term (1 to 6         UFA = 10x...........                        Studies.
 months).                          UFH = 10x...........                       Chronic NOAEL = 10 mg/kg/day.
                                   FQPA SF = 1x........                       Chronic LOAEL = 48.7 mg/kg/day.
                                                                              Subchronic NOAEL = 4.72 mg/kg/day.
                                                                              Subchronic LOAEL = 33.6 mg/kg/day
                                                                               based on decreased body weight in
                                                                               females, increased relative to
                                                                               body liver weight in both sexes,
                                                                               increased periportal cytoplasmic
                                                                               vacuolation in liver in both
                                                                               sexes, and dilation of liver
                                                                               sinusoids in females.
----------------------------------------------------------------------------------------------------------------
Dermal short-term (1 to 30 days)   NOAEL = 300 mg/kg/    LOC for MOE = 100..  21-Day Dermal Rabbit Study.
 and intermediate-term (1-6         day                                       LOAEL = 500 mg/kg/day based on
 months).                          UFA = 10x...........                        decreased body weight gain only
                                   UFH = 10x...........                        (non-specific).
                                   FQPA SF = 1x........
----------------------------------------------------------------------------------------------------------------
Inhalation short-term (1 to 30     NOAEL = 10 mg/kg/day  LOC for MOE= 100...  Subchronic/Chronic Oral Dog
 days).                            UFA = 10x...........                        Studies.
                                   UFH = 10x...........                       Chronic NOAEL = 10 mg/kg/day.
                                   FQPA SF = 1x........                       Chronic LOAEL = 48.7 mg/kg/day.
                                                                              Subchronic NOAEL = 4.72 mg/kg/day.
                                                                              Subchronic LOAEL = 33.6 mg/kg/day
                                                                               based on decreased body weight in
                                                                               females, increased relative to
                                                                               body liver weight in both sexes,
                                                                               increased periportal cytoplasmic
                                                                               vacuolation in liver in both
                                                                               sexes, and dilation of liver
                                                                               sinusoids in females.
----------------------------------------------------------------------------------------------------------------
Cancer (Oral, dermal, inhalation)  ``C'' Possible human carcinogen. The chronic RfD is considered protective of
                                    the cancer effects.
----------------------------------------------------------------------------------------------------------------
FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. LOC = level
  of concern. mg/kg/day = milligram/kilogram/day. MOE = margin of exposure. NOAEL = no-observed-adverse-effect-
  level. PAD = population adjusted dose (a = acute, c = chronic). RfD = reference dose. UFA = extrapolation from
  animal to human (interspecies). UFH = potential variation in sensitivity among members of the human population
  (intraspecies).

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to dimethenamid-P and/or dimethenamid, EPA considered exposure
under the petitioned-for tolerances as well as all existing
dimethenamid tolerances in 40 CFR 180.464 which are established for
either of the herbicides dimethenamid-P (an enriched S-isomer with
90:10 mixture of the S- and R-isomers) or dimethenamid (a 50:50 racemic
mixture of the S- and R-isomers). Therefore, EPA assessed dietary
exposures from dimethenamid-P and/or dimethenamid in food as follows:
    i. Acute exposure. Quantitative acute dietary exposure and risk
assessments are performed for a food-use pesticide, if a toxicological
study has indicated the possibility of an effect of concern occurring
as a result of a 1-day or single exposure. Such effects were identified
for dimethenamid and dimethenamid-P. In estimating acute dietary
exposure, EPA used food consumption information from the United States
Department of Agriculture (USDA) 2003-2008 Nationwide Continuing
Surveys of Food Intake by Individuals (CSFII). The acute dietary
analysis was conducted for dimethenamid and/or dimethenamid-P assuming
tolerance level residues, default processing factors, and 100% crop
treated (CT) information.
    ii. Chronic exposure. In conducting the chronic dietary exposure
assessment EPA used the food consumption data from the USDA 2003-2008
CSFII. The chronic dietary exposure assessment was conducted for
dimethenamid and/or dimethenamid-P assuming tolerance level residues,
default processing factors, and 100% CT information.
    iii. Cancer. As discussed in Unit III.A, EPA has concluded that
cancer dietary risk concerns due to long-term consumption of
dimethenamid residues are adequately addressed by the chronic dietary
exposure analysis using the reference dose; therefore, a separate
cancer dietary exposure analysis was not performed.
    iv. Anticipated residue and percent crop treated (PCT) information.
Tolerance level residues and 100% CT were assumed for all food
commodities.
    2. Dietary exposure from drinking water. The Agency used screening
level water exposure models in the dietary exposure analysis and risk
assessment for dimethenamid-P and/or dimethenamid in drinking water.
These simulation models take into account data on the physical,
chemical, and fate/transport characteristics of dimethenamid-P and/or
dimethenamid. Further information regarding EPA drinking water models
used in pesticide exposure assessment can be found at http://www.epa.gov/oppefed1/models/water/index.htm.
    Based on the Surface Water Concentration Calculator (SWCC) and the
Pesticide Root Zone Model for Ground Water (PRZM-GW), estimated
drinking water concentrations (EDWCs) were calculated for the parent
compound plus its ethanesulfonic acid and oxanilic acid degradates,
which are residues of concern in drinking water as follows: For acute
exposures, EDWCs are estimated to be 73 parts per billion (ppb) for
surface water and 153 ppb for ground water; for chronic exposures,
EDWCs for non-cancer assessments are estimated to be 27 ppb for surface
water and 140 ppb for ground water.
    Modeled estimates of drinking water concentrations were directly
entered into the dietary exposure model.

    Because there was little difference between the maximum EDWCs for
acute and chronic exposures, the maximum water concentration value of
153 ppb was used to assess the contribution to drinking water for both
the acute and chronic dietary risk assessments.
    3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., for lawn and garden pest control, indoor pest control,
termiticides, and flea and tick control on pets). Although there are no
currently registered uses of dimethenamid that could result in
residential exposures, dimethenamid-P is currently registered for the
following uses that could result in residential exposures: Turf grass,
ornamentals, and tree plantations. Only short-term residential
exposures to dimethenamid-P are expected based on the 2012 Residential
Standard Operating Procedures (SOPs). Potential exposure/risk scenarios
identified for residential handlers include:
     Mixing/loading/applying liquid formulations to lawns/turf
with a hose-end and/or backpack sprayer, and a manually-pressurized
hand wand.
     Mixing/loading/applying liquid formulations to garden/
trees with a sprinkler can and a hose-end sprayer.
     Mixing/loading/applying granular formulations to lawns/
turf with a push-type rotary sprayer and a belly grinder.
     Mixing/loading/applying granular formulations to garden/
trees with a shaker can/cup, a spoon or by hand dispersal.
    The scenarios, routes of exposure, and lifestages of potential
post-application exposure include:
     Physical activities on turf: Adults (dermal) and children
1 to <2 years old (dermal and incidental oral).
     Mowing: Adults (dermal) and children 11 to <16 years old
(dermal).
     Golfing: Adults (dermal), children 11 to <16 years old
(dermal), and children 6 to <11 years old (dermal).
     Contact with Treated Gardens and Trees: Adults (dermal)
and children 6 to <11 years old (dermal). The values used for aggregate
assessment are based on the worst-case residential exposure estimates
via the inhalation (adult male) and oral (child 1 < 2 years old)
routes.
    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 that dimethenamid-P and dimethenamid share a
common mechanism of toxicity with any other substances, or that they
appear to produce a toxic metabolite produced by other substances. For
the purposes of this tolerance action, therefore, EPA has assumed that
dimethenamid-P and dimethenamid do not have a common mechanism of
toxicity with other substances. For information regarding EPA's efforts
to determine which chemicals have a common mechanism of toxicity and to
evaluate the cumulative effects of such chemicals, see EPA's Web site
at http://www.epa.gov/pesticides/cumulative.

D. Safety Factor for Infants and Children

    1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA
shall apply an additional tenfold (10X) margin of safety for infants
and children in the case of threshold effects to account for prenatal
and postnatal toxicity and the completeness of the database on toxicity
and exposure unless EPA determines based on reliable data that a
different margin of safety will be safe for infants and children. This
additional margin of safety is commonly referred to as the Food Quality
Protection Act Safety Factor (FQPA 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.
    2. Prenatal and postnatal sensitivity. There is no concern for
increased qualitative and/or quantitative susceptibility following in
utero (rats and rabbits) and pre-and post-natal exposure (rats). The
NOAEL and LOAEL values for the fetal/pup effects observed in the
developmental study and effects seen in the reproduction studies
occurred at the same doses or higher than those which caused maternal
toxicity. The rabbit developmental study was used as an acute dietary
endpoint for females 13-49 years of age. The POD selected for risk
assessment are protective of effects seen in these guideline studies.
Therefore, the acute and chronic dietary risk assessments are
protective of potential fetal/offspring effects.
    3. Conclusion. EPA has determined that reliable data show that it
would be safe for infants and children to reduce the FQPA SF to 1X.
That decision is based on the following findings:
    i. The toxicity database for dimethenamid and dimethenamid-P is
complete.
    ii. There is no indication that dimethenamid or dimethenamid-P is a
neurotoxic chemical and there is no need for a developmental
neurotoxicity study or additional UFs to account for neurotoxicity.
    iii. There is no evidence that dimethenamid or dimethenamid-P
results in increased susceptibility in utero in rat or rabbit prenatal
developmental studies or in young rats in the 2-generation reproduction
study.
    iv. There are no residual uncertainties identified in the exposure
databases. The dietary food exposure assessments were performed based
on 100% CT and tolerance-level residues which results in very high-end
estimates of dietary exposure. The dietary drinking water assessment,
which included parent plus its ethanesulfonic acid and oxanilic acid
degradates, utilizes values generated by model and associated modeling
parameters which are designed to provide health protective, high-end
estimates of water concentrations. These assessments will not
underestimate the exposure and risks posed by dimethenamid-P and/or
dimethenamid residues of concern.

E. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic dietary pesticide
exposures are safe by comparing aggregate exposure estimates to the
acute PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA
calculates the lifetime probability of acquiring cancer given the
estimated aggregate exposure. Short-, intermediate-, and chronic-term
risks are evaluated by comparing the estimated aggregate food, water,
and residential exposure to the appropriate PODs to ensure that an
adequate MOE exists.
    1. Acute risk. Using the exposure assumptions discussed in this
unit for acute exposure, the acute dietary exposure from food and water
to dimethenamid-P and/or dimethenamid residues of concern will occupy
1.3% of the aPAD for infants <1 year of age, the population group
receiving the greatest exposure.
    2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that chronic exposure to
dimethenamid-P and dimethenamid residues of concern from food and water
will utilize 17% of the cPAD for infants <1 year of

age, the population group receiving the greatest exposure.
    3. Short-term risk. Short-term aggregate exposure takes into
account short-term residential exposure plus chronic exposure to food
and water (considered to be a background exposure level). Dimethenamid-
P is currently registered for uses that could result in short-term
residential exposure, and the Agency has determined that it is
appropriate to aggregate chronic exposure through food and water with
short-term residential exposures to dimethenamid-P.
    Dermal and inhalation exposures to handlers were not aggregated
because the toxicity endpoints for these exposure routes are not based
on common toxicity effects in/of the liver. Dermal effects (bw gain)
were considered to be non-specific. EPA aggregated the worst-case
residential exposure estimates via the inhalation (adult male) and oral
(child 1 < 2 years old) routes.
    Using the exposure assumptions described in this unit for short-
term exposures, EPA has concluded the combined short-term food, water,
and residential exposures result in an aggregate MOEs of 2,200 for
adults and 1,100 for children 1-2 years old. Because EPA's LOC for
dimethenamid-P is a MOE of 100 or below, these MOEs are not of concern.
    4. Intermediate-term risk. Intermediate-term aggregate exposure
takes into account intermediate-term residential exposure plus chronic
exposure to food and water (considered to be a background exposure
level). An intermediate-term adverse effect was identified; however,
dimethenamid-P is not registered for any use patterns that would result
in intermediate-term residential exposure. Intermediate-term risk is
assessed based on intermediate-term residential exposure plus chronic
dietary exposure. Because there is no intermediate-term residential
exposure and chronic dietary exposure has already been assessed under
the appropriately protective cPAD (which is at least as protective as
the POD used to assess intermediate-term risk), no further assessment
of intermediate-term risk is necessary, and EPA relies on the chronic
dietary risk assessment for evaluating intermediate-term risk for
dimethenamid-P.
    5. Aggregate cancer risk for U.S. population. As indicated in Unit
III.A., EPA has concluded that the chronic RfD would be protective of
any cancer effects. Based on the results of the chronic aggregate risk
assessment, EPA concludes there is no risk of concern for cancer
effects from exposure to dimethenamid and dimethenamid-P.
    6. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population, or to infants and children from aggregate
exposure to dimethenamid and dimethenamid-P residues of concern.

IV. Other Considerations

A. Analytical Enforcement Methodology

    An adequate enforcement method is available for determining
residues of dimethenamid in plant commodities. The Gas Chromatography/
Nitrogen-Phosphorus Detector (GC/NPD) method (AM-0884-0193-1) has been
validated by the Agency and submitted for publication in the Food and
Drug Administration (FDA) Pesticide Analytical Manual (PAM), Volume II.
The limit of quantitation (LOQ; determined as the lowest level of
method validation, LLMV) is 0.01 ppm. This method is not enantiomer
specific.

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 United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    The Codex has not established a MRL for dimethenamid or
dimethenamid-P in/on members of cottonseed subgroup 20C and cotton, gin
byproducts.

C. Revisions to Petitioned-For Tolerances

    A separate tolerance in cotton, seed, refined oil is not needed
since the exaggerated rate processing study demonstrates that the
petitioned-for tolerance in/on cottonseed subgroup 20C (0.01 ppm) will
be adequate to cover potential residues of dimethenamid in refined oil.

 V. Conclusion

    Therefore, tolerances are established for residues of the herbicide
dimethenamid, 1(RS)-2-chloro-N-[(1-methyl-2-methoxy) ethyl]-N-(2, 4-
dimethylthien-3-yl) acetamide, applied as either the 90:10 or 50:50 S:R
isomers, in or on cottonseed subgroup 20C at 0.01 ppm and cotton, gin
byproducts at 1.5 ppm.

VI. Statutory and Executive Order Reviews

    This final rule establishes tolerances under FFDCA section 408(d)
in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this 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 FFDCA section 408(d), such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This 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 FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between

the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this 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) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA) (15 U.S.C. 272 note).

VII. 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: February 10, 2015.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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

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

0
2. In Sec.  180.464, add alphabetically the following commodities to
the table in paragraph (a) to read as follows:

Sec.  180.464  Dimethenamid; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------

                                * * * * *
Cotton, gin byproducts..................................             1.5
Cottonseed subgroup 20C.................................            0.01

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

* * * * *
[FR Doc. 2015-03458 Filed 2-19-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 71 (Wednesday, April 13, 2022)]
[Notices]
[Pages 21986-21988]
[FR Doc No: 2022-07841]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94635; File No. SR-CboeBZX-2022-024]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
the Fees Applicable to Various Market Data Products

April 7, 2022.
    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 April 1, 2022, Cboe BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.

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

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe BZX Exchange, Inc. (``BZX'' or the ``Exchange'') is filing
with the Securities and Exchange Commission (the ``Commission'') a
proposed rule change to amend the fees applicable to various market
data products. The text of the proposed rule change is provided in
Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/bzx/), 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 Market Data section of its Fees
Schedule for its equities trading platform (``BZX Equities'').
Particularly, the Exchange proposes to adopt a free trial program for
Exchange market data products, effective April 1, 2022.
    The Exchange proposes a 30-day free trial for any User or
Distributor that subscribes to or distributes, respectively, an
Exchange real-time market data product (``Product'') listed on the Fee
Schedule for the first time. As proposed, a first-time User would be
any entity or individual that has not previously subscribed to a
particular Product and a first-time Distributor would be any entity
that has not previously distributed, internally or externally, a
particular Product. A first-time User or Distributor of a particular
Exchange market data product would not be charged any applicable fees
listed in the Fee Schedule for that product for the duration of the 30
days.\3\ For example, a firm that currently subscribes to BZX Top would
be eligible to receive a free 30-day trial of BZX Depth, whether in a
display-only format or for non-display use. However, a firm that
currently receives BZX Depth for non-display use would not be eligible
to receive a free 30-day trial of BZX Depth in a display-only format.
The Exchange would provide the 30-day free trial for each particular
product to each first-time User or Distributor once.
---------------------------------------------------------------------------

    \3\ For example, if a User that has elected to participate in
the free trial program for BZX Top data is approved on April 15,
2022, that User will not be subject to any applicable fees (i.e.,
User Fee) through May 14, 2022.
---------------------------------------------------------------------------

    The Exchange believes that providing a 30-day free trial to
Exchange real-time market data products listed on the Exchange's Fee
Schedule would enable potential Users and Distributors to determine
whether a particular Exchange market data product provides value to
their business models or investment strategies, as applicable, before
fully committing to expend development and implementation costs related
to the receipt or distribution of that product, and is intended to
encourage increased use of the Exchange's market data products by
defraying some of the development and implementation costs Users or
Distributors would ordinarily have to expend before using a product.
The Exchange notes that other exchanges have similar free trial
programs.\4\
---------------------------------------------------------------------------

    \4\ See The Nasdaq Stock Market LLC (``Nasdaq'') Equity 7
Pricing Schedule, Section 112(b)(1) and New York Stock Exchange LLC
(``NYSE'') Proprietary Market Data Fees Schedule, General.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\5\ in general, and
furthers the objectives of Section 6(b)(4),\6\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its members and other recipients of
Exchange data. In addition, the Exchange believes that the proposed
rule change is consistent with Section 11(A) of the Act as it supports
(i) fair competition among brokers and dealers, among exchange markets,
and between exchange markets and markets other than exchange markets,
and (ii) the availability to brokers, dealers, and investors of
information with respect to quotations for and transactions in
securities.\7\ Finally, the proposed rule change is also consistent
with Rule 603 of Regulation NMS,\8\ which provides that any national
securities exchange that distributes information with respect to
quotations for or transactions in an NMS stock do so on terms that are
not unreasonably discriminatory.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(4).
    \7\ 15 U.S.C. 78k-1.
    \8\ See 17 CFR 242.603.
---------------------------------------------------------------------------

    The Exchange believes that adopting a free trial program for real-
time market data products listed in its Fees Schedule is equitable and
reasonable. Particularly, providing Exchange real-time market data
products to new Users and Distributors free-of-charge for the first 30
days is reasonable because it would allow vendors and subscribers to
become familiar with the feeds and determine whether they suit their
needs without incurring fees. It is also intended to incentivize
Distributors to enlist more Users to subscribe to Exchange market data
products in an effort to broaden the products' distribution. Making a
new market data product available for free for a trial period is also
consistent with offerings of other exchanges. For example, NYSE and
Nasdaq offer similar free trial programs.\9\
---------------------------------------------------------------------------

    \9\ See Nasdaq Equity 7 Pricing Schedule, Section 112(b)(1) and
NYSE Proprietary Market Data Fees Schedule, General.
---------------------------------------------------------------------------

    The Exchange believes the proposal to provide the Exchange market
data products to new Users or Distributors free-of-charge for their
first 30 days subscribing or distributing the data, as applicable, is
equitable and not unfairly discriminatory because it applies to any
first-time User or Distributor, regardless of the use they plan to make
of the feed. As proposed, any first-time User or Distributor would not
be charged any applicable fee listed in the Fee Schedule for any of the
Exchange's real-time market data products listed in the Fee Schedule
for 30 days. The Exchange believes it is equitable to restrict the
availability of this free trial to Users or Distributors that have not
previously subscribed to, or distributed, respectively the particular
market data product, since Users or Distributors who are current or
previous subscribers or Distributors, respectively of that product are
already familiar with the product and whether it would suit their
needs.
    The Exchange believes that the proposed rule change providing for a
free trial period to test is not unfairly discriminatory because the
financial benefit of the fee waiver would be available to all Users
subscribing to, and all Distributors distributing, an Exchange Product
for the first time on a free-trial basis. The Exchange believes there
is a meaningful distinction between Users and Distributors that are

subscribing to or distributing a market data product for the first
time, who may benefit from a period within which to set up and test use
of the product before it becomes fee liable, and Users and Distributors
that are already receiving or distributing the Exchange's market data
products and are deriving value from such use. The Exchange believes
that the limited period of the free trial would not be unfairly
discriminatory to other users of the Exchange's market data products
because it is designed to provide a reasonable period of time to set up
and test a new market data product. The Exchange further believes that
providing a free trial for 30 days would ease administrative burdens
for data recipients to subscribe to or distribute a new data product
and eliminate fees for a period before such users are able to derive
any benefit from the data.

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

    The Exchange does not believe that the proposed rule change would
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange
operates in a highly competitive environment, and its ability to price
these data products is constrained by competition among exchanges that
offer similar data products to their customers. The Exchange believes
that the proposed free trial program does not put any market
participants at a relative disadvantage compared to other market
participants. As discussed, the proposed trial would apply to first
time Users and Distributors on an equal and non-discriminatory basis.
Further, the Exchange believes that the proposed program does not
impose a burden on competition or on other SROs that is not necessary
or appropriate in furtherance of the purposes of the Act. The Exchange
does not believe that the proposal would cause any unnecessary or
inappropriate burden on intermarket competition as other exchanges are
free to lower their prices or provide a free trial to better compete
with the Exchange's offering. Indeed, other national securities
exchanges already offer similar free trial programs today.\10\ The
proposed amendments are also designed to enhance competition by
providing an incentive to Distributors to enlist new subscribers and
Users to subscribe to Exchange real-time market data products.
---------------------------------------------------------------------------

    \10\ See Nasdaq Equity 7 Pricing Schedule, Section 112(b)(1) and
NYSE Proprietary Market Data Fees Schedule, General.
---------------------------------------------------------------------------

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 \11\ and paragraph (f) of Rule 19b-4 \12\
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.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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-CboeBZX-2022-024 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-2022-024. 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. 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-2022-024, and should
be submitted on or before May 4, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-07841 Filed 4-12-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 239 (Thursday, December 14, 2023)]
[Notices]
[Pages 86640-86641]
[FR Doc No: 2023-27486]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG24-54-000.
    Applicants: MS Solar 5, LLC.
    Description: MS Solar 5, LLC submits Notice of Self-Certification
of Exempt Wholesale Generator Status.
    Filed Date: 12/8/23.
    Accession Number: 20231208-5156.
    Comment Date: 5 p.m. ET 12/29/23.

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

    Docket Numbers: ER24-597-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Revised Service Agreement
No. 6258 re: NITSA among PJM and Wabash Valley to be effective 11/16/
2023.
    Filed Date: 12/7/23.
    Accession Number: 20231207-5199.
    Comment Date: 5 p.m. ET 12/28/23.

    Docket Numbers: ER24-598-000.
    Applicants: McFarland Solar A, LLC.
    Description: Sec.  205(d) Rate Filing: McFarland Solar A, LLC LGIA
Co-Tenancy Agreement to be effective 12/8/2023.
    Filed Date: 12/7/23.
    Accession Number: 20231207-5204.
    Comment Date: 5 p.m. ET 12/28/23.

    Docket Numbers: ER24-599-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Sec.  205(d) Rate Filing: Transmission Access Charge
Balancing Account Adjustment (TACBAA) 2024 to be effective 3/1/2024.
    Filed Date: 12/7/23.
    Accession Number: 20231207-5213.
    Comment Date: 5 p.m. ET 12/28/23.

    Docket Numbers: ER24-600-000.
    Applicants: Baldy Mesa Solar, LLC.
    Description: Sec.  205(d) Rate Filing: Baldy Mesa Solar, LLC Shared
Facilities Agreement to be effective 12/8/2023.
    Filed Date: 12/7/23.
    Accession Number: 20231207-5221.
    Comment Date: 5 p.m. ET 12/28/23.

    Docket Numbers: ER24-601-000.
    Applicants: Baldy Mesa Solar, LLC.
    Description: Sec.  205(d) Rate Filing: Baldy Mesa Solar, LLC LGIA
Co-

Tenancy Agreement to be effective 12/9/2023.
    Filed Date: 12/8/23.
    Accession Number: 20231208-5001.
    Comment Date: 5 p.m. ET 12/29/23.

    Docket Numbers: ER24-602-000.
    Applicants: Ohio Power Company.
    Description: Sec.  205(d) Rate Filing: Ohio Power Company Category
Status Change to be effective 12/9/2023.
    Filed Date: 12/8/23.
    Accession Number: 20231208-5048.
    Comment Date: 5 p.m. ET 12/29/23.

    Docket Numbers: ER24-603-000.
    Applicants: Southern California Edison Company.
    Description: Tariff Amendment: Termination of eTariff Record, Solar
Star 4 LGIA--TOT821/SA No. 236 to be effective 2/7/2024.
    Filed Date: 12/8/23.
    Accession Number: 20231208-5076.
    Comment Date: 5 p.m. ET 12/29/23.

    Docket Numbers: ER24-604-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Notice of Cancellation of WMPA,
Service Agreement No. 5751; Queue No. AF2-087 to be effective 2/7/2024.
    Filed Date: 12/8/23.
    Accession Number: 20231208-5077.
    Comment Date: 5 p.m. ET 12/29/23.

    Docket Numbers: ER24-605-000.
    Applicants: Southern California Edison Company.
    Description: Tariff Amendment: Termination of eTariff Record, Solar
Star 3 LGIA--TOT795/SA No. 235 to be effective 2/7/2024.
    Filed Date: 12/8/23.
    Accession Number: 20231208-5078.
    Comment Date: 5 p.m. ET 12/29/23.

    Docket Numbers: ER24-606-000.
    Applicants: McFarland Solar B, LLC.
    Description: Sec.  205(d) Rate Filing: McFarland Solar B, LLC LGIA
Co-Tenancy Agreement to be effective 12/9/2023.
    Filed Date: 12/8/23.
    Accession Number: 20231208-5127.
    Comment Date: 5 p.m. ET 12/29/23.

    Docket Numbers: ER24-607-000.
    Applicants: Silver Peak Energy, LLC.
    Description: Sec.  205(d) Rate Filing: Silver Peak Energy, LLC SFA
Concurrence to be effective 12/9/2023.
    Filed Date: 12/8/23.
    Accession Number: 20231208-5132.
    Comment Date: 5 p.m. ET 12/29/23.

    Docket Numbers: ER24-608-000.
    Applicants: Silver Peak Energy, LLC.
    Description: Sec.  205(d) Rate Filing: Silver Peak Energy, LLC LGIA
Co-Tenancy Agreement to be effective 12/9/2023.
    Filed Date: 12/8/23.
    Accession Number: 20231208-5140.
    Comment Date: 5 p.m. ET 12/29/23.

    Docket Numbers: ER24-609-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to WMPA, SA No.
5545; Queue No. AE2-125 to be effective 2/7/2024.
    Filed Date: 12/8/23.
    Accession Number: 20231208-5141.
    Comment Date: 5 p.m. ET 12/29/23.

    Docket Numbers: ER24-610-000.
    Applicants: Soldier Creek Wind, LLC.
    Description: Sec.  205(d) Rate Filing: Soldier Creek Wind, LLC
Interim Shared Facilities Agreement to be effective 12/9/2023.
    Filed Date: 12/8/23.
    Accession Number: 20231208-5148.
    Comment Date: 5 p.m. ET 12/29/23.

    Docket Numbers: ER24-611-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Notice of Cancellation of ISA & CSA,
SA Nos. 5231 & 5232; Queue #AC1-048/AC2-053 to be effective 11/22/2023.
    Filed Date: 12/8/23.
    Accession Number: 20231208-5150.
    Comment Date: 5 p.m. ET 12/29/23.

    Docket Numbers: ER24-612-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to WMPA, SA No.
6597; Queue No. AF2-294 (amend) to be effective 2/7/2024.
    Filed Date: 12/8/23.
    Accession Number: 20231208-5161.
    Comment Date: 5 p.m. ET 12/29/23.

    Docket Numbers: ER24-613-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Notice of Cancellation of ISA,
Service Agreement No. 5360; Queue No. Z1-116 to be effective 2/7/2024.
    Filed Date: 12/8/23.
    Accession Number: 20231208-5168.
    Comment Date: 5 p.m. ET 12/29/23.

    Docket Numbers: ER24-614-000.
    Applicants: Public Service Company of New Mexico.
    Description: Compliance filing: PNM Refund Report to be effective
N/A.
    Filed Date: 12/8/23.
    Accession Number: 20231208-5187.
    Comment Date: 5 p.m. ET 12/29/23.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene, to protest, or to answer a
complaint in any of the above proceedings must file in accordance with
Rules 211, 214, or 206 of the Commission's Regulations (18 CFR 385.211,
385.214, or 385.206) on or before 5:00 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>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: December 8, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-27486 Filed 12-13-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: May 25, 2011 (Volume 76, Number 101)]
[Notices]
[Page 30332]
[DOCID:fr25my11-50]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings No. 1

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP11-2094-000.
    Applicants: Sabine Pipe Line LLC.
    Description: Sabine Pipe Line LLC submits tariff filing per
154.204: Sabine Pipe Line LLC System Map to be effective 6/15/2011.
    Filed Date: 05/05/2011.
    Accession Number: 20110505-5127.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 17, 2011.

    Docket Numbers: RP11-2095-000.
    Applicants: Equitrans, L.P.
    Description: Equitrans, L.P. submits tariff filing per 154.602:
Cancellation of Big Sandy Pipeline, LLC Baseline Tariff Filing to be
effective 6/1/2011.
    Filed Date: 05/05/2011.
    Accession Number: 20110505-5146.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 17, 2011.

    Docket Numbers: RP11-2096-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Rockies Express Pipeline LLC submits tariff filing per
154.204: Backhaul Service to be effective 6/6/2011.
    Filed Date: 05/06/2011.
    Accession Number: 20110506-5135.
    Comment Date: 5 p.m. Eastern Time on Wednesday, May 18, 2011.

    Docket Numbers: RP11-2097-000.
    Applicants: Puget Sound Energy.
    Description: Puget Sound Energy submits tariff filing per 154.204:
Amendment No. 12 to be effective 11/1/2010.
    Filed Date: 05/06/2011.
    Accession Number: 20110506-5137.
    Comment Date: 5 p.m. Eastern Time on Wednesday, May 18, 2011.

    Docket Numbers: RP11-2098-000.
    Applicants: Young Gas Storage Company, Ltd.
    Description: Young Gas Storage Company, Ltd. submits tariff filing
per 154.204: Revised Reservoir Integrity Limit Curve to be effective 6/
15/2011.
    Filed Date: 05/09/2011.
    Accession Number: 20110509-5118.
    Comment Date: 5 p.m. Eastern Time on Monday, May 23, 2011.

    Docket Numbers: RP11-2099-000.
    Applicants: Freebird Gas Storage, L.L.C.
    Description: Freebird Gas Storage, L.L.C. submits tariff filing per
154.204: Freebird Gas Storage Correction Filing to be effective 5/9/
2011.
    Filed Date: 05/10/2011.
    Accession Number: 20110510-5000.
    Comment Date: 5 p.m. Eastern Time on Monday, May 23, 2011.

    Docket Numbers: RP11-2100-000.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: Gulf Crossing Pipeline Company LLC submits tariff
filing per 154.204: Revise Refund Parameter for Cashout to be effective
6/10/2011.
    Filed Date: 05/11/2011.
    Accession Number: 20110511-5027.
    Comment Date: 5 p.m. Eastern Time on Monday, May 23, 2011.

    Docket Numbers: RP11-2101-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Gulf South Pipeline Company, LP submits tariff filing
per 154.204: Revise Refund Parameter for Cashout to be effective 6/10/
2011.
    Filed Date: 05/11/2011.
    Accession Number: 20110511-5028.
    Comment Date: 5 p.m. Eastern Time on Monday, May 23, 2011.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    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
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings 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 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>.

    Dated: May 11, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-12884 Filed 5-24-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 87 (Friday, May 4, 2012)]
[Notices]
[Page 26534]
[FR Doc No: 2012-10791]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP12-157-000]

Northern Natural Gas Company, Florida Gas Transmission Company,
LLC, Transcontinental Gas Pipe Line Company, LLC, Enterprise Field
Services, LLC; Notice of Application

    Take notice that on April 18, 2012, Northern Natural Gas Company
(Northern Natural), 1111 South 103rd Street, Omaha, Nebraska 68124-
1000, on behalf of itself and other owners, Florida Gas Transmission
Company, LLC, Transcontinental Gas Pipe Line Company, LLC, and
Enterprise Field Services, LLC, filed an application in Docket No.
CP12-157-000 pursuant to section 4 and section 7(b) of the Natural Gas
Act (NGA) and Part 157 of the Commission's regulations, requesting
authorization to abandon in place certain inactive gathering facilities
consisting of 16.8 miles of 24-inch diameter pipeline and appurtenances
located in the Mustang Island and Matagorda Island Areas in Federal
offshore waters of Texas (MOPS Phase III Facilities).
    Any questions concerning this application may be directed to
Michael T. Loeffler, Senior Director, Certificates and External
Affairs, Northern Natural Gas Company, 1111 South 103rd Street, Omaha,
Nebraska 68124, or phone at<PHONE_NUMBER>, or email at
<EMAIL_ADDRESS>    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit an original and 7 copies of filings made with the Commission and
must mail a copy to the applicant and to every other party in the
proceeding. Only parties to the proceeding can ask for court review of
Commission orders in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    The Commission strongly encourages electronic filings of comments,
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 7 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 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>.
    Comment Date: May 17, 2012.

    Dated: April 26, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-10791 Filed 5-3-12; 8:45 am]
BILLING CODE 6717-01-P