[Federal Register: June 3, 2010 (Volume 75, Number 106)]
[Rules and Regulations]
[Page 31283-31285]
[DOCID:fr03jn10-5]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 65

[Docket No. FAA-2007-28518, Amendment No. 65-54]
RIN 2120-AJ08

Clarification of Parachute Packing Authorization

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule (immediately adopted).

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SUMMARY: This action amends the requirements for individuals who pack,
maintain, or alter main parachutes of a dual-parachute system--those
with main and ``back up'' parachutes--to be used for parachute jumping
in connection with civil aircraft of the United States. It expressly
limits the authority of a non-certificated person who is not under the
supervision of an appropriate current certificated parachute rigger to
only pack the main parachute of a dual-parachute system when that
person will be the next jumper to use the parachute. This action is
intended to correct a potentially unsafe condition of parachute
operations created by changes to the 2001 revision of the current rule.

DATES: This action is effective June 3, 2010. For more information on
the rulemaking process, see the SUPPLEMENTARY INFORMATION section of
this document.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register (see 65 FR
19477-78, April 11, 2000), or you may visit http://DocketsInfo.dot.gov.
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to Docket Operations in Room
W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue,
SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kim Barnette, Aircraft Maintenance
Division, AFS-300, Federal Aviation Administration, 950 L'Enfant Plaza
North, SW., Washington, DC 20024; telephone<PHONE_NUMBER>; facsimile
(202) 385-6474, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    The FAA is issuing this rulemaking under the authority set forth in
49 U.S.C. 44701(a)(2)(A). This regulation is within the scope of that
authority because the Administrator is charged with promoting safe
flight of civil aircraft by, among other things, prescribing
regulations that the Administrator finds necessary for inspecting,
servicing, and overhauling aircraft, aircraft engines, propellers and
appliances.

Background

    In 2001, the FAA amended Title 14, Code of Federal Regulations (14
CFR) Sec.  65.111, Certificate required (see 66 FR 23543, May 9, 2001).
The 2001 amendment was intended to: (1) Incorporate tandem parachute
operations into the rule; (2) specify that a non-certificated person
could pack, maintain, or alter a main parachute only if the individual
was under the supervision of an appropriate current certificated
parachute rigger; and (3) clarify that a non-certificated person, not
under the supervision noted above, could pack a main parachute of a
dual-parachute system, intended for tandem operation, only if that
person was to be the next jumper to use that parachute. No other
substantive changes to Sec.  65.111 were discussed in that rulemaking,
nor were any other changes intended.
    In the 2001 amendment, however, the revised text of Sec.  65.111(b)
did not preserve the clarity of authority that existed in the prior
rule regarding a non-certificated person. Before the 2001 amendment,
the authority of a non-certificated person (who was not under the
supervision of an appropriate current certificated parachute rigger)
was expressly limited to packing a main parachute of a dual-parachute
system for personal use; maintenance or alteration was not authorized.
The parachute industry raised concerns that the resulting authority
language in the 2001 amendment could be viewed as authorizing
maintenance or alteration by non-certificated persons not under the
supervision of an appropriate current certificated rigger. Those
concerns pose significant safety concerns for the FAA and those
regulated by Sec.  65.111. Improperly performed maintenance or
alteration could lead to parachute failure, which would have
catastrophic results.
    Only certificated riggers, or persons under their supervision, have
the requisite knowledge and skill to safely perform maintenance and
alteration. The FAA does not intend that the regulation be interpreted
to authorize maintenance and alteration by those not qualified, nor
otherwise appropriately supervised. The FAA's intention is clearly
supported in other parachute-related regulations (see 14 CFR 91.307,
105.43(a), and 105.45(b)(1)). All of those regulations support the
FAA's position that in all but ``next jumper'' situations, parachute
packing must be accomplished by or overseen by an appropriate current
certificated parachute rigger. Further, none of those sections
authorize maintenance or alteration of parachutes by non-certificated
persons.
    The FAA is not aware of any unauthorized parachute maintenance or
alteration performed as a result of any operators' misunderstanding of
the current rule. Nevertheless, we want to prevent any adverse
consequences by ensuring that parachute operations are performed or
overseen only by persons who know and understand the requisite
techniques and practices. This rule clarifies that the FAA requires
that a person must hold an appropriate current parachute rigger
certificate or be under the supervision of an appropriate current
certificated rigger to maintain or alter main parachutes.

Availability of Rulemaking Documents

    You can get an electronic copy using the Internet by:

    (1) Searching the Federal eRulemaking Portal at http://
www.regulations.gov;
    (2) Visiting the FAA's Regulations and Policies Web page at http://
www.faa.gov/regulations_policies/; or
    (3) Accessing the Government Printing Office's Web page at http://
www.gpoaccess.gov/fr/index.html.
    You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling<PHONE_NUMBER>. Make
sure to identify the amendment number or docket number of this
rulemaking.

Good Cause for Immediate Adoption of This Final Rule on Parachute
Repack Authorization

    On the basis of the above information, I have determined that
immediate action by the FAA is in the public interest because the rule
only clarifies existing requirements and public comment is unnecessary.
Further, I find that good cause exists for making this rule effective
immediately upon issuance.

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. Therefore, any small entity that has a question regarding
this document may contact their local FAA official, or the person
listed under FOR FURTHER INFORMATION CONTACT. You can find out more
about SBREFA on the Internet at our site, http://www.faa.gov/
regulations_policies/rulemaking/sbre_act/.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
the FAA to consider the impact of paperwork and other information
collection burdens imposed on the public. We have determined that there
are no new information collection requirements associated with these
amendments.

International Compatibility

    In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
reviewed the corresponding ICAO Standards and Recommended Practices and
has identified no differences with these proposed regulations.

Economic Evaluation, Regulatory Flexibility Act, Trade Impact
Assessment, and Unfunded Mandates Assessment

    Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs each Federal agency to
propose or adopt a regulation only upon a reasoned determination that
the benefits of the intended regulation justify its costs. Second, the
Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires agencies
to analyze the economic impact of regulatory changes on small entities.
Third, the Trade Agreements Act (Pub. L. 96-39) prohibits agencies from
setting standards that create unnecessary obstacles to the foreign
commerce of the United States. In developing U.S. standards, the Trade
Act requires agencies to consider international standards and, where
appropriate, that they be the basis of U.S. standards. Fourth, the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies
to prepare a written assessment of the costs, benefits, and other
effects of proposed or final rules that include a Federal mandate
likely to result in the expenditure by State, local or tribal
governments, in the aggregate, or by the private sector, of $100
million or more annually (adjusted for inflation with base year of
1995). This portion of the preamble summarizes the FAA's analysis of
the economic impacts of this final rule.
    Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order permits that a statement
to that effect and the basis for it be included in the preamble if a
full regulatory evaluation of the cost and benefits is not prepared.
Such a determination has been made for this rule. The reasoning for
this determination follows:
    This rule clarifies that the FAA requires that a person must hold
an appropriate current parachute rigger certificate or be under the
supervision of an appropriate current certificated rigger to maintain
or alteration of parachutes. This clarification is consistent with
industry practice, as the revised Sec.  65.111(b) in the 2001 amendment
did not preserve the clarity of authority that existed in the prior
rule regarding a non-certificated person. As the rule is consistent
with industry practices, the rule is expected to impose minimal cost
and provide for a future higher level of safety.

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objective so the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration.'' The RFA covers a wide range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
    While there are a substantial number of small parachute packing
firms, the expected cost is minimal. This rule is consistent with
industry practice and simply clarifies that separate from the
requirement to pack parachutes, the FAA requires a person to be an
appropriate current certificated parachute rigger, or to be under the
supervision of an appropriate current certificated parachute rigger, to
maintain or alter parachutes. Thus, the expected economic impact will
be minimal with positive net benefits.
    Therefore, I certify this rule will not have a significant economic
impact on a substantial number of small entities.

International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States.

Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards. The FAA has
assessed the potential effect of this proposed rule and determined that
it has only a domestic impact and is not subject to the Trade
Agreements Act requirements.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(adjusted annually for inflation with the base year 1995) in any one
year by State, local, and tribal governments, in the aggregate, or by
the private sector; such a mandate is deemed to be a ``significant
regulatory action.'' The FAA currently uses an inflation-adjusted value
of $141.3 million.
    This rulemaking action does not contain such a mandate. Therefore,
the requirements of Title II of the Unfunded Mandates Reform Act of
1995 do not apply to this regulation.

Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. We determined that this
action will not have a substantial direct effect on the States, or the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. Therefore, we have determined that this final rule does not
have federalism implications.

Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 312 and involves no extraordinary
circumstances.

Regulations That Significantly Affect Energy Supply, Distribution, or
Use

    The FAA has analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 18, 2001). We have determined
that it is not a ``significant regulatory action'' under the Order
because it is not a ``significant regulatory action'' under Executive
Order 12866, and it is not likely to have a significant adverse effect
on the supply, distribution, or use of energy.

List of Subjects in 14 CFR Part 65

    Air traffic controllers, Aircraft, Airmen, Airports, Alcohol abuse,
Aviation safety Drug abuse, Reporting and recordkeeping requirements,
Security measures.

The Amendment

0
Accordingly, the Federal Aviation Administration amends part 65 of the
Federal Aviation Regulations (14 CFR Part 65) as follows:

PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS

0
1. The authority citation for part 65 continues to read as follows:

    Authority:  5 U.S.C. 8335(a); 49 U.S.C. 106(g); 49 U.S.C. 40113;
49 U.S.C. 44701-44703; 49 U.S.C. 44707; 49 U.S.C. 44709-44711; 49
U.S.C. 45102-45103; 49 U.S.C. 45301-45302.

0
2. Amend Sec.  65.111 by revising the introductory text of paragraph
(b); redesignating existing paragraphs (c), (d) and (e) as paragraphs
(d), (e) and (f), respectively; and adding a new paragraph (c) to read
as follows:

Sec.  65.111  Certificate required.

* * * * *
    (b) No person may pack any main parachute of a dual-parachute
system to be used for intentional parachute jumping in connection with
civil aircraft of the United States unless that person[horbar]
* * * * *
    (c) No person may maintain or alter any main parachute of a dual-
parachute system to be used for intentional parachute jumping in
connection with civil aircraft of the United States unless that
person--
    (1) Has an appropriate current certificate issued under this
subpart; or
    (2) Is under the supervision of a current certificated parachute
rigger;
* * * * *

    Issued in Washington, DC, on May 25, 2010.
J. Randolph Babbitt,
Administrator.
[FR Doc. 2010-13388 Filed 6-2-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 116 (Thursday, June 16, 2011)]
[Notices]
[Page 35211]
[FR Doc No: 2011-14889]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER11-3761-000]

Palmco Power DC, LLC; Supplemental Notice THAT Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Palmco Power DC, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is June 29, 2011.
    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 Street, NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive 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: June 9, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-14889 Filed 6-15-11; 8:45 am]
BILLING CODE 6717-01-P


7428 Federal Register / Vol. 68, No. 31 / Friday, February 14, 2003 / Rules and Regulations ADDRESSES: Materials referred to in this document are available for inspection or copying at the office of the Eighth Coast Guard District, Bridge Administration Branch, Hale Boggs Federal Building, room 1313, 501 Magazine Street, New Orleans, Louisiana 70130   3396 between 7 a. m. and 3 p. m., Monday through Friday, except Federal holidays. The telephone number is 504   589   2965. The Bridge Administration Branch, Eighth District, maintains the public docket for this temporary deviation.

FOR FURTHER INFORMATION CONTACT: David Frank, Bridge Administration Branch, telephone ( 504) 589   2965.

SUPPLEMENTARY INFORMATION: The Louisiana Department of Transportation and Development has requested a temporary deviation in order to repair the fender system of the bridge. The repairs are necessary for the continued safe operation of the bridge. This deviation allows the draw of the SR 384 bridge to remain closed to navigation from 7 a. m. until 11 a. m. and from 1 p. m. until 5 p. m. daily, Monday through Thursday, from February 17, 2003 through March 27, 2003. The pontoon bridge has no vertical clearance in the closed to navigation position. The bridge normally opens to pass navigation an average of 1005 times a month. In accordance with 33 CFR 117.5, the bridge opens on signal for the passage of vessels. The bridge will be able to open for emergencies during the closure period; however, pile driving equipment will have to be secured and moved prior to the opening of the bridge. Navigation on the waterway consists mainly of tugs with tows and some fishing vessels. No practical alternate route is readily available. In accordance with 33 CFR 117.35( c), this work will be performed with all due speed in order to return the bridge to normal operation as soon as possible. This deviation from the operating regulations is authorized under 33 CFR 117.35.

Dated: February 5, 2003.

Marcus Redford,

Bridge Administrator. [ FR Doc. 03   3738 Filed 2   13   03; 8: 45 am]

BILLING CODE 4910   15   P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [ LA   63   2   7585; FRL   7451   8]

Approval of Revisions to the Louisiana Department of Environmental Quality Title 33 Environmental Quality Part III; Chapter 6 Emission Reduction Credits Banking in Nonattainment Areas AGENCY: Environmental Protection Agency ( EPA). ACTION: Final rule; correction.

SUMMARY: The Environmental Protection Agency ( EPA) published in the Federal Register of September 27, 2002 ( 67 FR 60871) a document approving revisions to the Louisiana Department of Environmental Quality Title 33 Environmental Quality Part III; Air Chapter 6 Emission Reduction Credits Banking in Nonattainment Areas. This document corrects an error in the September 30, 2002, rulemaking action. EFFECTIVE DATE: This rule will be effective February 14, 2003. FOR FURTHER INFORMATION CONTACT: Ms. Laura Stankosky of the EPA Region 6 Air Permits Section at ( 214) 665   7525. SUPPLEMENTARY INFORMATION: The EPA published in the Federal Register of September 27, 2002 ( 67 FR 60871) a document approving revisions to the Louisiana Department of Environmental Quality Title 33 Environmental Quality Part III; Air Chapter 6 Emission Reduction Credits Banking in Nonattainment Areas. On page 60873 of the September 27, 2002 action, EPA incorrectly stated that Tulane Environmental Law Clinic ( TELC) submitted comments. We should instead have stated that the TELC submitted comments on behalf of its client, the Louisiana Environmental Action Network ( LEAN).

Authority: 42 U. S. C. 7401 et seq.

Dated: January 30, 2003. Lawrence E. Starfield, Acting Regional Administrator, Region 6. [ FR Doc. 03   3583 Filed 2   13   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [ OPP   2003   0034; FRL   7291   3]

Imazamox; Exemption from the Requirement of a Tolerance AGENCY: Environmental Protection Agency ( EPA). ACTION: Final rule.

SUMMARY: This regulation establishes an exemption from the requirement of a tolerance for residues of the imazamox on all food commodities when applied/ used as a herbicide. The Interregional Research Project Number 4 ( IR 4) submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act, as amended by the Food Quality Protection Act of 1996, requesting an exemption from the requirement of a tolerance. After review of the available data, EPA determined that the toxicological profile for imazamox supports an exemption from the requirement of a tolerance; no adverse effects were observed in the submitted toxicological studies regardless of the route of exposure. Since this regulation eliminates the need to establish maximum permissible levels for residues of imazamox, the Agency is also deleting 40 CFR 180.508, which includes previously established maximum permissible levels for residues of imazamox. DATES: This regulation is effective February 14, 2003. Objections and requests for hearings, identified by docket ID number OPP   2003   0034, must be received on or before April 15, 2003. ADDRESSES: Written objections and hearing requests submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions as provided in Unit IX. of the SUPPLEMENTARY INFORMATION. FOR FURTHER INFORMATION CONTACT: Hoyt Jamerson, Registration Division ( 7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 703) 308   9368; e mail address: jamerson. hoyt@ epa. gov.

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. Potentially affected entities may include, but are not limited to:   Crop production   Animal production   Food manufacturing   Pesticide manufacturing This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American VerDate Jan< 31> 2003 16: 54 Feb 13, 2003 Jkt 200001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 14FER1. SGM 14FER1 7429 Federal Register / Vol. 68, No. 31 / Friday, February 14, 2003 / Rules and Regulations Industrial Classification System ( NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPP   2003   0034. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. A frequently updated electronic version of 40 CFR part 180 is available at http:// www. access. gpo. gov/ nara/ cfr/ cfrhtml_ 00/ Title_ 40/ 40cfr180_ 00. html, a beta site currently under development. To access the OPPTS Harmonized Guidelines referenced in this document, go directly to the guidelines at http:// www. epa. gov/ opptsfrs/ home/ guidelin. htm. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. Once in the system, select `` search,'' then key in the appropriate docket ID number.

II. Background and Statutory Findings In the Federal Register of December 23, 2002 ( 67 FR 78229) ( FRL   7284   5), EPA issued a notice pursuant to section 408 of the Federal Food, Drug, and Cosmetic Act ( FFDCA), 21 U. S. C. 346a, as amended by the Food Quality Protection Act ( FQPA) ( Public Law 104   170), announcing the filing of a pesticide tolerance petition ( PP 2E6472) by BASF Corporation, 26 Davis Drive, Research Triangle Park, NC 27709. This notice included a summary of the petition prepared by BASF Corporation. There were no comments received in response to the notice of filing. The petition requested that 40 CFR part 180 be amended by establishing an exemption from the requirement of a tolerance for residues of imazamox ( 2 [ 4,5 dihydro 4( 1 methylethyl) 5 oxo 1H imidazol 2 yl] 5 methoxymethyl 3 pyridinecarboxylic acid) in or on all food commodities. Section 408( b)( 2)( A)( i) of the FFDCA allows EPA to establish an exemption from the requirement for a tolerance ( the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the tolerance is `` safe.'' Section 408( b)( 2)( A)( ii) 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) 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. * * *'' EPA performs a number of analyses to determine the risks from aggregate exposure to pesticide residues. First, EPA determines the toxicity of pesticides. Second, EPA examines exposure to the pesticide through food, drinking water, and through other exposures that occur as a result of pesticide use in residential settings.

III. Toxicological Profile Consistent with section 408( b)( 2)( D) of FFDCA, EPA has reviewed the available scientific data and other relevant information in support of this action and considered its validity, completeness and reliability and the relationship of this information to human risk. EPA has also considered available information concerning the variability of the sensitivities of major identifiable subgroups of consumers, including infants and children. The nature of the toxic effects caused by imazamox are discussed in this unit.

TABLE 1.   SUBCHRONIC, CHRONIC, AND OTHER TOXICITY Guideline No. Study Type Results 870.3100 90 Day oral toxicity rodents NOAEL = 1661 milligram/ kilogram/ day ( mg/ kg/ day), highest dose tested ( HDT) There were no treatment related effects observed in this study.

870.3150 90 Day oral toxicity in nonrodents NOAEL = 1.3 gram/ kilogram/ day ( g/ kg/ day) ( HDT) There were no treatment related effects observed in this study.

870.3200 21/ 28 Day dermal toxicity NOAEL = 1000 mg/ kg/ day ( HDT) There were no observed toxic effects at any dose level.

870.3700a Prenatal developmental in rodents ( rat) Maternal NOAEL = > 1000 mg/ kg/ day ( limit dose)

VerDate Jan< 31> 2003 16: 54 Feb 13, 2003 Jkt 200001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 14FER1. SGM 14FER1 7430 Federal Register / Vol. 68, No. 31 / Friday, February 14, 2003 / Rules and Regulations TABLE 1.   SUBCHRONIC, CHRONIC, AND OTHER TOXICITY   Continued Guideline No. Study Type Results No maternal toxicity or clinical signs of toxicity were observed Mean body weight gain was reduced during the early dosing periods ( days 6   12) at the 1000 mg/ kg/ day dose compared to the control group. Body weights were comparable between the treated and the control groups for the remainder of the dosage period ( days 12   16) and the post dosage period ( days 16 to 20). Slightly reduced mean body weight gain observed during early dosing period ( days 6   12) was not considered biologically relevant. Developmental NOAEL = equal to or greater than 1000 mg/ kg/ day. No treatment related fetal gross external, visceral or skeletal malformations or variations were seen at any dose level.

870.3700b Prenatal developmental in nonrodents ( rabbit) Maternal NOAEL = 900 mg/ kg/ day ( HDT) Marginally reduced body weights and slightly decreased food consumption in F1 males and females were observed in in test animals at the 900 mg/ kg/ day dose level, but were not considered biologically significant. Developmental NOAEL = equal to or greater than 900 mg/ kg/ day ( HDT) There were no treatment related developmental effects observed at any of the administered dose levels.

870.3800 Reproduction and fertility effects Parental/ Systemic NOAEL = 1469 mg/ kg/ day in males/ 1705 mg/ kg/ day in females ( HDT) There were no treatment related systemic or reproductive toxicity observed at any of the administered dose levels.

870.4100b Chronic toxicity dogs NOAEL = 1,165 mg/ kg/ day ( HDT) There were no treatment related effects observed at any of the administered dose levels.

870.4200 Carcino genicity rats NOAEL = 1,068 mg/ kg/ day in males/ 1,284 mg/ kg/ day in females ( HDT) There were no treatment related effects observed in this study. There was no evidence of carcinogenicity in rats treated with imazamox in the diet for 24 months. The highest dose tested ( 1,068/ 1,284 mg/ kg/ day) is considered an adequate upper limit for this study.

870.4300 Carcino genicity mice NOAEL = 1,053 mg/ kg/ day for males ( HDT)/ 1,348 mg/ kg/ day for females ( HDT) There were no treatment related effects observed in this study. There was no evidence of carcinogenicity in mice treated with imazamox in the diet for 24 months. The highest dose tested ( 1,053/ 1,348 mg/ kg/ day) is considered an adequate upper limit for this study.

870.5100 Gene Mutation Negative 870.5375 Cytogenetics Negative 870.5385 Other Effects Negative 870.7485 Metabolism and pharmacokinetics [ 14] CImazamox was readily absorbed by male and female rats following intravenous or oral dosing. Imazamox was rapidly excreted as the unchanged parent compound, primarily in the urine following intravenous administration and in the urine and feces following oral administration.

IV. Toxicological Endpoints The dose at which no adverse effects are observed ( the NOAEL) from the toxicology study identified as appropriate for use in risk assessment is used to estimate the toxicological level of concern ( LOC). However, the lowest dose at which adverse effects of concern are identified ( the LOAEL) is sometimes used for risk assessment if no NOAEL was achieved in the toxicology study selected. Based on a review of the available data, EPA concluded that imazamox showed no toxicological endpoints of concern and, therefore, no dietary, occupational, residential, or aggregate risk assessments are needed.

VerDate Jan< 31> 2003 16: 54 Feb 13, 2003 Jkt 200001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 14FER1. SGM 14FER1 7431 Federal Register / Vol. 68, No. 31 / Friday, February 14, 2003 / Rules and Regulations V. Aggregate Exposures In examining aggregate exposure, FFDCA section 408 directs EPA to consider available information concerning exposures from the pesticide residue in food and all other nonoccupational exposures, including drinking water from ground water or surface water and exposure through pesticide use in gardens, lawns, or buildings ( residential and other indoor uses).

A. Dietary Exposure 1. Dietary exposure from food and feed uses. Tolerances have been established ( 40 CFR 180.508) for residues of imazamox, per se, in or on canola and the legume vegetable group; imazamox and its metabolite AC263284 in or on wheat ( bran, germ, grain, forage, hay, shorts, and straw); and imazamox and its metabolites AC26284 and AC312622 in or on alfalfa ( seed, forage and hay). Time limited tolerances for section 18 emergency exemptions are established for dry bean and canola. Section 180.508, which lists the maximum permissible levels for imazamox, will be removed since this regulation eliminates the need to establish maximum permissible levels for residues of the pesticide. i. Acute exposure. Acute dietary risk assessments are performed for a fooduse pesticide if a toxicological study has indicated the possibility of an effect of concern occurring as a result of a one day or single exposure. EPA concluded that no acute toxicological endpoint was identified from the toxicological studies submitted for imazamox, including oral developmental toxicity studies in rats and rabbits. Therefore, an acute dietary risk assessment was not conducted. ii. Chronic exposure. EPA concluded that a chronic dietary risk assessment is not needed since no toxicity was observed at doses exceeding the Limit Dose ( 1,000 mg/ kg/ day and higher) in chronic and subchronic studies in mice, rats, and dogs. A dose of 1,000 mg/ kg/ day is equivalent to a human diet in which the pesticide comprises approximately 7 percent of dietary consumption. iii. Cancer. Imazamox is classified as a `` not likely human carcinogen'' based on the lack of evidence of carcinogenicity in mice and rats. Therefore a cancer risk assessment was not performed. 2. Drinking water exposure. The Agency lacks sufficient monitoring exposure data to complete a comprehensive dietary exposure analysis and risk assessment for imazamox in drinking water. Because the Agency does not have comprehensive monitoring data, drinking water concentration estimates are made by reliance on simulation or modeling taking into account data on the physical characteristics of imazamox. The Agency uses the First Index Reservoir Screening Tool ( FIRST) or the Pesticide Root Zone/ Exposure Analysis Modeling System ( PRZM/ EXAMS), to produce estimates of pesticide concentrations in an index reservoir. The SCI GROW model is used to predict pesticide concentrations in shallow groundwater. For a screening level assessment for surface water EPA will use FIRST ( a tier 1 model) before using PRZM/ EXAMS ( a tier 2 model). The FIRST model is a subset of the PRZM/ EXAMS model that uses a specific highend runoff scenario for pesticides. While both FIRST and PRZM/ EXAMS incorporate an index reservoir environment, the PRZM/ EXAMS model includes a percent crop area factor as an adjustment to account for the maximum percent crop coverage within a watershed or drainage basin. None of these models include consideration of the impact processing ( mixing, dilution, or treatment) of raw water for distribution as drinking water would likely have on the removal of pesticides from the source water. The primary use of these models by the Agency at this stage is to provide a coarse screen for sorting out pesticides for which it is highly unlikely that drinking water concentrations would ever exceed human health levels of concern. Based on the FIRST and SCI GROW models the estimated environmental concentrations ( EECs) for imazamox for acute exposures are estimated to be 5.7 parts per billion ( ppb) for surface water and 1.0 ppb for ground water. The EECs for chronic exposures are estimated to be 0.61 ppb for surface water and 1.0 ppb for ground water.

B. Other Non Occupational Exposure The term `` residential exposure'' is used in this document to refer to nonoccupational non dietary exposure ( e. g., for lawn and garden pest control, indoor pest control, termiticides, and flea and tick control on pets). Imazamox is not registered or proposed for use on any sites that would result in residential exposure.

VI. Cumulative Effects Section 408( b)( 2)( D)( v) of the 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 does not have, at this time, available data to determine whether imazamox has a common mechanism of toxicity with other substances or how to include this pesticide in a cumulative risk assessment. Unlike other pesticides for which EPA has followed a cumulative risk approach based on a common mechanism of toxicity, imazamox does not appear to produce a toxic metabolite produced by other substances. For the purposes of this tolerance action, therefore, EPA has not assumed that imazamox has 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 the final rule for Bifenthrin Pesticide Tolerances ( 62 FR 62961, November 26, 1997) ( FRL   5754   7).

VII. Determination of Safety for U. S. Population, Infants and Children 1. U. S. Population. The toxicological profile for imazamox supports a tolerance exemption since no adverse effects were observed in the submitted toxicological studies regardless of the route of exposure. EPA does not expect imazamox to pose a dietary risk under reasonable foreseeable circumstances and, thus, EPA concludes that there is a reasonable certainty of no harm from aggregate exposure to imazamox residues. Accordingly, EPA finds that exempting imazamox from the requirement of a tolerance will be safe. 2. Infants and children. Section 408 of the FFDCA provides that EPA shall apply an additional tenfold margin of safety for infants and children in the case of threshold effects to account for prenatal and postnatal toxicity and the completeness of the data base on toxicity and exposure unless EPA determines that a different margin of safety will be safe for infants and children. Margins of safety are incorporated into EPA risk assessments either directly through use of a MOE analysis or through using uncertainty ( safety) factors in calculating a dose level that poses no appreciable risk to humans. EPA concludes there is a complete toxicity data base for imazamox and there is no evidence of pre natal or postnatal toxicity to rat or rabbit fetuses following in utero exposure in the developmental studies or to young rats in the reproduction study. Due to the lack of toxicity in the animal studies,

VerDate Jan< 31> 2003 16: 54 Feb 13, 2003 Jkt 200001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 14FER1. SGM 14FER1 7432 Federal Register / Vol. 68, No. 31 / Friday, February 14, 2003 / Rules and Regulations EPA did not use a margin of exposure ( safety) approach to assess the safety of imazamox. For this same reason, an additional margin of safety is not needed for infants and children. The Agency concludes that an exemption from the requirement of a tolerance for imazamox will be safe for infants and children.

VIII. Other Considerations A. Analytical Method( s)

An analytical method for enforcement purposes is not required, this action eliminates the need for maximum permissible levels for residues of imazamox in or on food commodities.

B. Existing Tolerances Tolerances are established ( 40 CFR 180.508) for residues of imazamox, per se, in or on canola and the legume vegetable group; imazamox and its metabolite AC263284 in or on wheat ( bran, germ, grain, forage, hay, shorts, and straw); and imazamox and its metabolites AC26284 and AC312622 in or on alfalfa ( seed, forage and hay). Time limited tolerances for section 18 emergency exemptions are established for dry bean and canola. Section 180.508 will be removed since this regulation eliminates the need for maximum permissible levels for residues of the pesticide.

C. International Tolerances There are no established or proposed Codex Maximum Residue Limits ( MRLs) for imazamox.

IX. Objections and Hearing Requests Under section 408( g) of the FFDCA, as amended by the FQPA, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. The EPA procedural regulations which govern the submission of objections and requests for hearings appear in 40 CFR part 178. Although the procedures in those regulations require some modification to reflect the amendments made to the FFDCA by the FQPA of 1996, EPA will continue to use those procedures, with appropriate adjustments, until the necessary modifications can be made. The new section 408( g) provides essentially the same process for persons to `` object'' to a regulation for an exemption from the requirement of a tolerance issued by EPA under new section 408( d), as was provided in the old FFDCA sections 408 and 409. However, the period for filing objections is now 60 days, rather than 30 days. A. What Do I Need to Do to File an Objection or Request a Hearing?

You must file your objection or request a hearing on this regulation in accordance with the instructions provided in this unit and in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number OPP   2003   0034 in the subject line on the first page of your submission. All requests must be in writing, and must be mailed or delivered to the Hearing Clerk on or before April 15, 2003. 1. Filing the request. Your objection must specify the specific provisions in the regulation that you object to, and the grounds for the objections ( 40 CFR 178.25). If a hearing is requested, the objections must include a statement of the factual issues( s) on which a hearing is requested, the requestor's contentions on such issues, and a summary of any evidence relied upon by the objector ( 40 CFR 178.27). Information submitted in connection with an objection or hearing request may be claimed confidential by marking any part or all of that information as CBI. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. A copy of the information that does not contain CBI must be submitted for inclusion in the public record. Information not marked confidential may be disclosed publicly by EPA without prior notice. Mail your written request to: Office of the Hearing Clerk ( 1900C), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001. You may also deliver your request to the Office of the Hearing Clerk in Rm. 104, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. The Office of the Hearing Clerk is open from 8 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Office of the Hearing Clerk is ( 703) 603   0061. 2. Tolerance fee payment. If you file an objection or request a hearing, you must also pay the fee prescribed by 40 CFR 180.33( i) or request a waiver of that fee pursuant to 40 CFR 180.33( m). You must mail the fee to: EPA Headquarters Accounting Operations Branch, Office of Pesticide Programs, P. O. Box 360277M, Pittsburgh, PA 15251. Please identify the fee submission by labeling it `` Tolerance Petition Fees.'' EPA is authorized to waive any fee requirement `` when in the judgement of the Administrator such a waiver or refund is equitable and not contrary to the purpose of this subsection.'' For additional information regarding the waiver of these fees, you may contact James Tompkins by phone at ( 703) 305   5697, by e mail at tompkins. jim@ epa. gov, or by mailing a request for information to Mr. Tompkins at Registration Division ( 7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001. If you would like to request a waiver of the tolerance objection fees, you must mail your request for such a waiver to: James Hollins, Information Resources and Services Division ( 7502C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001. 3. Copies for the Docket. In addition to filing an objection or hearing request with the Hearing Clerk as described in Unit IX. A., you should also send a copy of your request to the PIRIB for its inclusion in the official record that is described in Unit I. B. 1. Mail your copies, identified by docket ID number OPP   2003   0034, to: Public Information and Records Integrity Branch, Information Resources and Services Division ( 7502C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001. In person or by courier, bring a copy to the location of the PIRIB described in Unit I. B. 1. You may also send an electronic copy of your request via e mail to: oppdocket epa. gov. Please use an ASCII file format and avoid the use of special characters and any form of encryption. Copies of electronic objections and hearing requests will also be accepted on disks in WordPerfect 6.1/ 8.0 or ASCII file format. Do not include any CBI in your electronic copy. You may also submit an electronic copy of your request at many Federal Depository Libraries.

B. When Will the Agency Grant a Request for a Hearing? A request for a hearing will be granted if the Administrator determines that the material submitted shows the following: There is a genuine and substantial issue of fact; there is a reasonable possibility that available evidence identified by the requestor would, if established resolve one or more of such issues in favor of the requestor, taking into account uncontested claims or facts to the contrary; and resolution of the factual issues( s) in the manner sought by the requestor would be adequate to justify the action requested ( 40 CFR 178.32).

X. Statutory and Executive Order Reviews This final rule establishes an exemption from the tolerance VerDate Jan< 31> 2003 16: 54 Feb 13, 2003 Jkt 200001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 14FER1. SGM 14FER1 7433 Federal Register / Vol. 68, No. 31 / Friday, February 14, 2003 / Rules and Regulations requirement 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 rule has been exempted from review under Executive Order 12866 due to its lack of significance, this rule is not subject to Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use ( 66 FR 28355, May 22, 2001). 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., or impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act of 1995 ( UMRA) ( Public Law 104   4). 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); or OMB review or any Agency action under Executive Order 13045, entitled Protection of Children from Environmental Health Risks and Safety Risks ( 62 FR 19885, April 23, 1997). 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), Public Law 104   113, section 12( d) ( 15 U. S. C. 272 note). Since tolerances and exemptions that are established on the basis of a petition under FFDCA section 408( d), such as the exemption 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. In addition, the Agency has determined that this action will not have a substantial direct effect on States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132, entitled Federalism ( 64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to develop an accountable process to ensure `` meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.'' `` Policies that have federalism implications'' is defined in the Executive order to include regulations that have `` substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.'' This final rule directly regulates growers, food processors, food handlers, and food retailers, not States. This action does not alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408( n)( 4). For these same reasons, the Agency has determined that this rule does not have any `` tribal implications'' as described in Executive Order 13175, entitled Consultation and Coordination with Indian Tribal Governments ( 65 FR 67249, November 6, 2000). Executive Order 13175, requires EPA to develop an accountable process to ensure `` meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.'' `` Policies that have tribal implications'' is defined in the Executive order to include regulations that have `` substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and the Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.'' This rule will not have substantial direct effects on tribal governments, 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, as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply to this rule.

XI. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U. S. C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U. S. Senate, the U. S. House of Representatives, and the Comptroller General of the United States prior to publication of this final rule in the Federal Register. This final rule is not a `` major rule'' as defined by 5 U. S. C. 804( 2). List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements.

Dated: February 4, 2003. Debra Edwards, Acting Director, Registration Division, Office of Pesticide Programs.

Therefore, 40 CFR chapter I is amended as follows:

PART 180   [ AMENDED]

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

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

§ 180.508 [ Removed]

2. Section 180.508 is removed. 3. Section 180.1223 is added to subpart D to read as follows:

§ 180.1223 Imazamox; exemption from the requirement of a tolerance.

The herbicide imazamox, ( ± ) 2, [ 4,5 dihydro 4 methyl 4( 1 methylethyl) 5 oxo 1H imidazol 2 yl] 5 ( methoxymethyl) 3 pyridinecarboxylic acid, is exempt from the requirement of a tolerance on all food commodities when applied as a herbicide in accordance with good agricultural practices.

[ FR Doc. 03   3699 Filed 2   13   03; 8: 45 am]

BILLING CODE 6560   50   S LEGAL SERVICES CORPORATION 45 CFR Part 1602 Procedures for Disclosure of Information Under the Freedom of Information Act AGENCY: Legal Services Corporation. ACTION: Final rule.

SUMMARY: This Final Rule makes several revisions to the LSC regulations implementing the Freedom of Information Act. The revisions add provisions detailing the submitter's rights process, provide LSC with express authority to defer action on pending and additional requests and appeals when a requester has an outstanding fee balance, and clarify the applicable fee waiver standards. LSC is also revising the applicable fee structure to better reflect LSC's costs in complying with FOIA. Finally, the Final Rule contains technical changes to reflect current LSC nomenclature.

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[Federal Register Volume 84, Number 125 (Friday, June 28, 2019)]
[Notices]
[Page 31061]
[FR Doc No: 2019-13826]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14985-000]

Cherokee Rivers Company, LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On April 3, 2019, Cherokee Rivers Company, LLC, filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act (FPA), proposing to study the feasibility of the
Lower Coosawattee Hydroelectric Project (Lower Coosawattee Project or
project) to be located at the U.S. Army Corps of Engineers' (Corps)
Carter's Reregulation Dam on the Coosawattee River, in Murray County,
Georgia. The sole purpose of a preliminary permit, if issued, is to
grant the permit holder priority to file a license application during
the permit term. A preliminary permit does not authorize the permit
holder to perform any land-disturbing activities or otherwise enter
upon lands or waters owned by others without the owners' express
permission.
    The proposed project would consist of the following: (1) A 50-foot-
long, 8-foot-wide intake structure with trash racks and stop logs, on
the left end of the dam; (2) four 8-foot-diameter, approximately 320-
foot-long penstocks running through the dam; (3) the four penstocks
combining into two 15-foot-high, 23.6-foot-wide, 100-foot-long box
culvert conduits; (4) a 52-foot-long, 25-foot-wide, 47-foot-high
powerhouse containing two generating units, with a combined capacity of
4.5 megawatts; and (5) a 120-foot-long transmission line. The proposed
project would have an estimated average annual generation of 16,500
megawatt-hours, and operate run-of-release utilizing surplus water from
the Carter's Reregulation Dam, as directed by the Corps.
    Applicant Contact: Mr. Robert Davis, 390 Timber Laurel Lane,
Lawrenceville, GA 30243; phone:<PHONE_NUMBER>.
    FERC Contact: Michael Spencer,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. The first page of any filing should include
docket number P-14985-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14985) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: June 24, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-13826 Filed 6-27-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 236 (Monday, December 9, 2013)]
[Notices]
[Pages 73873-73874]
[FR Doc No: 2013-29254]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2013-0032; OMB No. 1660-NW81]

Agency Information Collection Activities: Submission for OMB
Review; Comment Request

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: The Federal Emergency Management Agency (FEMA) submits the
following information collection request abstracted below to the Office
of Management and Budget for review and clearance in accordance with
the requirements of the Paperwork Reduction Act of 1995. The proposed
information collection is published to obtain comments from the public.
The submission describes the nature of the information collection, the
categories of respondents, the estimated burden (i.e., the time, effort
and resources used by respondents to respond) and cost, and the actual
data collection instruments FEMA will use.

DATES: Comments must be submitted on or before January 8, 2014.

ADDRESSES: Submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the Desk
Officer for the Department of Homeland Security, Federal Emergency
Management Agency, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Records Management Division, 1800 South Bell Street, Arlington, VA
20598-3005, facsimile number<PHONE_NUMBER>, or email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Collection of Information

    Title: Preparedness Message Framing Research.
    Type of information collection: New.
    Form Titles and Numbers: FEMA Form 008-0-17, Focus Group
Moderator's Gude; FEMA Form 008-0-18, Recruit/Screener Phone Script;
and FEMA Form 008-0-19, Post Event Participant Survey.
    Abstract: FEMA's Individual and Community Preparedness Division
will engage in qualitative research involving the review of disaster
preparedness message frames for the purpose of determining the most
effective means for presenting understandable disaster preparedness
messages for members of the public and their families. Multiple frames
will be used to probe: (1) Overall understanding of the terms used in
preparedness messaging (Disaster; Preparedness; Emergency); (2) General
concern and attitudes (area specific hazards and risks; concern or
worry about specific hazards and risks; plans for taking steps); (3)
Reactions to hazard specific message concepts; and (4) Effective
channels for communication. This research will provide insights on how
to improve existing disaster preparedness messages to encourage the
public to engage in preparedness behaviors.
    Affected Public: Individuals and Households.

    Estimated Number of Respondents: 3,840.
    Estimated Total Annual Burden Hours: 940 hours.
    Estimated Cost: There are no recordkeeping, capital, start-up or
maintenance costs assocated with this information collection.

    Dated: November 25, 2013.
Charlene D. Myrthil,
Director, Records Management Division, Mission Support Bureau, Federal
Emergency Management Agency, Department of Homeland Security.
[FR Doc. 2013-29254 Filed 12-6-13; 8:45 am]
BILLING CODE 9111-27-P


[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)]
[Notices]
[Page 52045]
[FR Doc No: 2015-21263]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER15-2483-000]

LRI Renewable Energy, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
LRI Renewable Energy, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is September 9, 2015.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the 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>.

Kimberly D. Bose,
Secretary.
[FR Doc. 2015-21263 Filed 8-26-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 24 (Tuesday, February 5, 2019)]
[Notices]
[Page 1722]
[FR Doc No: 2019-00962]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR19-17-000]

Notice of Request for Temporary Waiver; Lone Star NGL Mont
Belvieu LP

    Take notice that on January 25, 2019, Lone Star NGL Mont Belvieu LP
(Lone Star) filed a petition seeking a temporary waiver of the tariff
filing and reporting requirements of sections 6 and 20 of the
Interstate Commerce Act and parts 341 and 357 of the Commission's
regulations. This request pertains to transportation service on certain
natural gas liquids pipeline facilities currently being developed and
to be owned and operated by Lone Star between Mont Belvieu, Texas and
Nederland, Texas, all as more fully explained in the petition.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214. Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Petitioner.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 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 website that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on February 22, 2019.

    Dated: January 29, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-00962 Filed 2-4-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 138 (Wednesday, July 20, 2022)]
[Notices]
[Pages 43270-43271]
[FR Doc No: 2022-15428]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10005-01-R6]

Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permit for Valero Refining-Texas, L.P., Harris County,
Texas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final Order on Petition for objection to Clean Air
Act Title V operating permit.

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SUMMARY: The Environmental Protection Agency (EPA) Administrator signed
an Order dated June 30, 2022, granting in part and denying in part a
Petition dated June 29, 2021, from Texas Environmental Justice Advocacy
Services, Sierra Club, Caring for Pasadena Communities, Environmental
Integrity Project, and Earthjustice. The Petition requested that the
EPA object to a Clean Air Act (CAA) title V operating

permit issued by the Texas Commission on Environmental Quality (TCEQ)
to the Valero Houston Refinery located in Harris County, Texas.

ADDRESSES: The EPA requests that you contact the individual listed in
the FOR FURTHER INFORMATION CONTACT section to view copies of the final
Order, the Petition, and other supporting information. Out of an
abundance of caution for members of the public and our staff, the EPA
Region 6 office may be closed to the public to reduce the risk of
transmitting COVID-19. Please call or email the contact listed below if
you need alternative access to the final Order and Petition, which are
available electronically at: https://www.epa.gov/title-v-operating-permits/title-v-petition-database.

FOR FURTHER INFORMATION CONTACT: Aimee Wilson, EPA Region 6 Office, Air
Permits Section,<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION: The CAA affords the EPA a 45-day period to
review and object to, as appropriate, operating permits proposed by
state permitting authorities under title V of the CAA. Section
505(b)(2) of the CAA authorizes any person to petition the EPA
Administrator to object to a title V operating permit within 60 days
after the expiration of the EPA's 45-day review period if the EPA has
not objected on its own initiative. Petitions must be based only on
objections to the permit that were raised with reasonable specificity
during the public comment period provided by the state, unless the
petitioner demonstrates that it was impracticable to raise these issues
during the comment period or unless the grounds for the issue arose
after this period.
    The EPA received the Petition from Texas Environmental Justice
Advocacy Services, Sierra Club, Caring for Pasadena Communities,
Environmental Integrity Project, and Earthjustice dated June 29, 2021,
requesting that the EPA object to the issuance of operating permit no.
O1381, issued by TCEQ to the Valero Houston Refinery in Harris County,
Texas. The Petition claims TCEQ failed to provide notice to the public
through a mailing list, the proposed permit fails to incorporate,
describe, and assure compliance with Permits by Rule, the proposed
permit fails to assure compliance with NSPS and NESHAP requirements,
the proposed permit's monitoring, reporting, and emission calculation
requirements cannot ensure compliance for key units and limits at the
refinery, TCEQ failed to provide a reasoned explanation for why the
proposed permit ensures compliance with the limits at issue for the
FCCU, Flares, DAF Unit, Boilers, Fugitive Emissions, Atmospheric Tower
Heater, Tanks, and Cooling Towers, the proposed permit includes
unlawful provisions relaxing federally enforceable emission limits
during startup, shutdown, and maintenance periods, and the proposed
permit unlawfully incorporates language giving TCEQ discretion
regarding whether CEMS data may be used to determine compliance.
    On June 30, 2022, the EPA Administrator issued an Order granting in
part and denying in part the Petition. The Order explains the basis for
the EPA's decision.

    Dated: July 14, 2022.
David Garcia,
Director, Air and Radiation Division, Region 6.
[FR Doc. 2022-15428 Filed 7-19-22; 8:45 am]
BILLING CODE 6560-50-P


The "2011 Report of Lead in Plumbing Sampling For Sampling Results obtained From DTSC Sampling conducted January 1, 2011 through December 31, 2011 Second Annual Report Pursuant to Health and Safety Code Section 25214.4.3" can be found online at:
https://www.dtsc.ca.gov/PollutionPrevention/upload/LIP-FEB2013.pdf


[Federal Register: August 29, 2008 (Volume 73, Number 169)]
[Notices]
[Page 50957]
[DOCID:fr29au08-66]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER07-501-010; ER08-649-005; ER06-739-014; ER06-738-014]

Birchwood Power Partners, L.P., EFS Parlin Holdings LLC, Linden
Holding L.L.C., Technologies Linden Venture L.P.; Notice of Filing

August 22, 2008.
    Take notice that on June 27, 2008, Birchwood Power Partners, L.P.,
EFS Parlin Holdings LLC, Linden Holding L.L.C. and Technologies Linden
Venture L.P. filed a triennial market power analysis pursuant to the
Commission's Order 697.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on August 29, 2008.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-20052 Filed 8-28-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 17 (Friday, January 25, 2013)]
[Notices]
[Pages 5475-5476]
[FR Doc No: 2013-01545]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4099-DR; Docket ID FEMA-2013-0001]

Pennsylvania; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the Commonwealth of Pennsylvania (FEMA-4099-DR), dated
January 10, 2013, and related determinations.

DATES: Effective Date: January 10, 2013.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated January 10, 2013, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the
Commonwealth of Pennsylvania resulting from Hurricane Sandy during
the period of October 26 to November 8, 2012, is of sufficient
severity and magnitude to warrant a major disaster declaration under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
42 U.S.C. 5121 et seq. (the ``Stafford Act''). Therefore, I declare
that such a major disaster exists in the Commonwealth of
Pennsylvania.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the Commonwealth.
Direct Federal assistance is authorized. Consistent with the
requirement that Federal assistance is supplemental, any Federal
funds provided under the Stafford Act for Public Assistance and
Hazard Mitigation will be limited to 75 percent of the total
eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Thomas J. McCool, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the Commonwealth of Pennsylvania have been
designated as adversely affected by this major disaster:

    Bedford, Bucks, Cameron, Dauphin, Forest, Franklin, Fulton,
Huntingdon, Juniata, Monroe, Northampton, Pike, Potter, Somerset,
Sullivan, and Wyoming Counties for Public Assistance. Direct federal
assistance is authorized.
    All counties within the Commonwealth of Pennsylvania are
eligible to apply for assistance under the Hazard Mitigation Grant
Program.

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

(Presidentially Declared Disasters); 97.039, Hazard Mitigation
Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2013-01545 Filed 1-24-13; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 86, Number 83 (Monday, May 3, 2021)]
[Rules and Regulations]
[Pages 23279-23281]
[FR Doc No: 2021-09233]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0290]
RIN 1625-AA00

Safety Zone; Gulf of Mexico, Port Fourchon, LA

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters within a one nautical mile radius around a
capsized vessel in the Gulf of Mexico, near Port Fourchon, LA. The
temporary safety zone is needed to protect life and property during
emergency salvage operations surrounding the capsized vessel. Entry of
vessels or persons into this zone and movement of vessels within this
zone is prohibited unless specifically authorized by the Captain of the
Port Marine Safety Unit Houma or a designated representative.

DATES: This rule is effective without actual notice from May 3, 2021
through June 15, 2021. For the purposes of enforcement, actual notice
will be used from April 27, 2021 until May 3, 2021.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0290 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Anthony Romero, Waterways
Management, U.S. Coast Guard; telephone<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impractible. A safety zone is
necessary to facilitate search and rescue and salvage operations
surrounding a capsized vessel. Immediate action is needed to respond to
the potential safety hazards associated with recovery salvage
operations. We must establish this safety zone by April 27, 2021 and
lack sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be against the public interest because immediate action
is needed to continue ongoing search and rescue and salvage operations.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Marine Safety Unit Houma (COTP) has
determined that potential hazards associated with the response
operations on April 27, 2021, will be a safety concern for anyone
within a one nautical mile radius around the capsized vessel in the
South Timbalier Block 22 of the Gulf of Mexico at position
29[deg]00'25.7877'' N, 090[deg]11'52.9852'' W. This rule is needed to
protect life and property on the navigable waters while response
operations are ongoing.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from April 27, 2021
through June 15, 2021. The safety zone will cover all navigable waters
within a one nautical mile radius around position 2900'25.7877'' N,
09011'52.9852 W, in South Timbalier Block 22 of the Gulf of Mexico,
near Port Fouchon, LA. The duration of the zone is intended to protect
life and property on these navigable waters for the duration of
emergency response operations related to the capsized vessel. No vessel
or person will be permitted to enter and move within the safety zone
without obtaining permission from the COTP or a designated
representative. A designated representative is a commissioned, warrant,
or petty officer of the U.S. Coast Guard assigned to units under the
operational control of USCG Marine Safety Unit Houma. Vessels requiring
entry into this safety zone must request permission from the COTP or a
designated representative. They may be contacted on VHF-FM Channel 16
or 67. Persons and vessels permitted to enter or to move within this
safety zone must transit at their slowest safe speed and comply with
all lawful directions issued by the COTP or the designated
representative. The COTP or a designated representative will inform the
public of the enforcement periods and changes through Broadcast Notices
to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Marine
Safety Information Bulletins (MSIBs) as appropriate.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the limited scale
of the safety zone and the ease of vessel traffic navigating around
said zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
temporary safety zone may be small entities, for the reasons stated in
section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
    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 rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone that will prohibit entry within a one nautical mile radius
of vessels and machinery being used by personnel response operations to
a capsized vessel. It is categorically excluded from further review
under paragraph L60 of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is not required but will be available in
the docket if necessary. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
Protest Activities
    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER

INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T08-0290 to read as follows:

Sec.  165.T08-0290  Safety Zone; Gulf of Mexico, Port Fourchon, LA.

    (a) Location. The following area is a safety zone: All navigable
waters within a one nautical mile radius of the capsized vessel and
emergency response operations taking place at 29[deg]11'25.7877'' N,
090[deg]11'52.9852'' W.
    (b) Effective period. This section is effective without actual
notice from May 3, 2021 through June 15, 2021. For the purposes of
enforcement, actual notice will be used from April 27, 2021 until May
3, 2021.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, entry into or remaining within this zone is prohibited
unless authorized by the Captain of the Port Marine Safety Unit (COTP)
or designated representative. A designated representative is a
commissioned, warrant, or petty officer of the U.S. Coast Guard (USCG)
assigned to units under the operational control of USCG Marine Safety
Unit Houma.
    (2) Vessels requiring entry into this safety zone must request
permission from the COTP or a designated representative. They may be
contacted on VHF-FM Channel 16 or 67 or by telephone at<PHONE_NUMBER>.
    (3) Persons and vessels permitted to enter this safety zone must
transit at their slowest safe speed and comply with all lawful
directions issued by COTP or the designated representative.
    (d) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and date for this
safety zone through Broadcast Notices to Mariners (BNMs), Local Notices
to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs)
as appropriate.

    Dated: April 27, 2021.
J.W. Russell,
Captain, U.S. Coast Guard, Captain of the Port, Marine Safety Unit
Houma.
[FR Doc. 2021-09233 Filed 4-30-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 82 (Monday, April 29, 2013)]
[Notices]
[Page 25102]
[FR Doc No: 2013-10196]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday, May 2,
2013 at 2:00 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matters at the Closed Meeting.
    Commissioner Aguilar, as duty officer, voted to consider the items
listed for the Closed Meeting in a closed session.
    The subject matter of the Closed Meeting will be:

Institution and settlement of injunctive actions;
Institution and settlement of administrative proceedings; and
Other matters relating to enforcement proceedings.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact the Office of the
Secretary at<PHONE_NUMBER>.

     Dated: April 25, 2013.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-10196 Filed 4-25-13; 4:15 pm]
BILLING CODE 8011-01-P