[Federal Register Volume 76, Number 177 (Tuesday, September 13, 2011)]
[Rules and Regulations]
[Pages 56318-56322]
[FR Doc No: 2011-23344]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 393

[Docket No. FMCSA-2010-0271]
RIN-2126-AB30

Parts and Accessories Necessary for Safe Operation; Saddle-Mount
Braking Requirements

AGENCY: Federal Motor Carrier Safety Administration, DOT.

ACTION: Final rule.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) amends
the Federal Motor Carrier Safety Regulations (FMCSRs) to eliminate the
requirement for operational brakes on the last saddle-mounted truck or
tractor in a triple saddle-mount combination, except when a full mount
is present. This is in response to a petition for rulemaking from the
Automobile Carriers Conference (ACC) of the American Trucking
Associations (ATA), which stated that this requirement degrades the
braking performance of these combinations because the lightly loaded
axle of the last vehicle tends to lock up under heavy braking.

DATES: The final rule is effective October 13, 2011.

ADDRESSES: For access to the docket to read background documents,
including those referenced in this document, or to read comments
received, go to http://www.regulations.gov at any time and insert
FMCSA-2010-1271 in the ``Keyword'' box, and then click ``Search.'' You
may also view the docket online by visiting the Docket Management
Facility in Room W12-140, DOT Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m. e.t., Monday through Friday
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Brian J. Routhier, Vehicle and
Roadside Operations Division, Federal Motor Carrier Safety
Administration,<PHONE_NUMBER>, or<EMAIL_ADDRESS>1200 New
Jersey Avenue, SE., Washington, DC 20590-0001. Office hours are from 9
a.m. to 5 p.m. e.t., Monday through Friday except Federal holidays.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Privacy Act
II. Abbreviations
III. Legal Basis for the Rulemaking
IV. Background
V. Discussion of Public Comments
VI. Discussion of Final Rule
VII. Regulatory Analyses

I. Privacy Act

    Anyone is able to search the electronic form for all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review the
U.S. Department of Transportation's (DOT) Privacy Act system of records
notice for DOT Federal Docket Management System (FDMS) in the Federal
Register published on January 17, 2008 (73 FR 3316) at http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

II. Abbreviations

ABS antilock braking systems.
ACC Automobile Carriers Conference.
ATA American Trucking Associations.
ATC ATC Transportation LLC.
CMV commercial motor vehicle.
DOT U.S. Department of Transportation.
FMCSRs Federal Motor Carrier Safety Regulations.
NATA National Automobile Transporters Association.
NPRM notice of proposed rulemaking.
RAI Link-Radlinski, Inc.

 III. Legal Basis for the Rulemaking

    This final rule is based on the authority of the Motor Carrier Act
of 1935 and the Motor Carrier Safety Act of 1984.
    The Motor Carrier Act of 1935 provides that ``The Secretary of
Transportation may prescribe requirements for--(1) Qualifications and
maximum hours of service of employees of, and safety of operation and
equipment of, a motor carrier; and (2) qualifications and maximum hours
of service of employees of, and standards of equipment of, a motor
private carrier, when needed to promote safety of operation'' [49
U.S.C. 31502(b)].
    The braking amendments in this rule deal directly with the ``safety
of operation and equipment of * * * a motor carrier'' [49 U.S.C.
31502(b)(1)] and ``standards of equipment of * * * a motor private
carrier'' [49 U.S.C. 31502(b)(2)]. The proposal, adoption, and
enforcement of such rules were authorized by the Motor Carrier Act of

1935. This rule rests squarely on that authority.
    The Motor Carrier Safety Act of 1984 (the 1984 Act) provides
concurrent authority to regulate drivers, motor carriers, and vehicle
equipment. It requires the Secretary of Transportation to ``prescribe
regulations on commercial motor vehicle (CMV) safety. The regulations
shall prescribe minimum safety standards for commercial motor
vehicles.'' Although this authority is very broad, the Act also
includes specific requirements: ``At a minimum, the regulations shall
ensure that--(1) Commercial motor vehicles are maintained, equipped,
loaded, and operated safely; (2) the responsibilities imposed on
operators of commercial motor vehicles do not impair their ability to
operate the vehicles safely; (3) the physical condition of operators of
commercial motor vehicles is adequate to enable them to operate the
vehicles safely * * * ; and (4) the operation of commercial motor
vehicles does not have a deleterious effect on the physical condition
of the operators'' [49 U.S.C. 31136(a)].
    This rule is based on the authority of the 1984 Act, specifically
the mandate to ensure that CMVs are maintained, equipped, loaded, and
operated safely (49 U.S.C. 31136(a)(1)). By allowing the disconnection
of brakes on the rearmost axle of vehicles towed in saddle-mount
combinations, the rule will enhance the controllability of such
combinations under hard braking and thus improve their operational
safety. Section 31136(a)(2) requires FMCSA regulations to ensure that
the responsibilities imposed on operators of CMVs do not impair their
ability to operate the vehicles safely. This provision is concerned
primarily with potentially unreasonable demands placed on drivers by
their employers (for example, schedules that encourage or require
speeding); but to the extent subsection (a)(2) may refer to unsafe
vehicles, the rule will make triple saddle-mount combinations safer for
drivers to operate. Section 31136(a)(3) requires that the FMCSRs ensure
that the physical condition of drivers is adequate to enable them to
operate their vehicles safely. This rule does not deal with the
physical condition of drivers. Finally, Sec.  31136(a)(4) requires the
Agency's regulations to ensure that CMV operations do not have a
deleterious effect on the physical condition of drivers. This
requirement is related to subsection (a)(3) and is not directly
addressed by this rule, although safer vehicles are obviously better
for CMV drivers and all others who use the public highways.
    Before prescribing any regulations, FMCSA must also consider their
``costs and benefits'' [49 U.S.C. 31136(c)(2)(A) and 31502(d)]. Those
factors are discussed in the Regulatory Analyses section of this
proposal.

IV. Background

    ACC, which is part of ATA, represents motor carriers that transport
motor vehicles ranging from automobiles to Class 8 trucks. Its members
transport more than 96 percent of all trucks moved by the saddle-mount
method. In January of 2007, ACC submitted a petition for rulemaking,
contending that the use of operational brakes on the final truck or
tractor in a triple saddle-mount combination degrades the braking
performance of these combinations because the lightly loaded axle of
the last vehicle tends to lock up under heavy braking, potentially
increasing stopping distance.
    Stopping distances are specified in the vehicle brake performance
table at Sec.  393.52(d) of title 49, Code of Federal Regulations,
which requires many combination vehicles, including triple saddle-
mounts, to be able to stop within 40 feet or less from an initial speed
of 20 mph. The FMCSRs do not specify minimum stopping distances from
higher speeds. They do, however, specify performance requirements for
the emergency brakes, which deploy after the service braking system has
failed. Under the emergency braking requirements in Sec.  393.52(d),
triple saddle-mounts must be able to stop within 90 feet or less from a
speed of 20 mph. Further, Sec.  393.71(a)(3) requires operational
brakes on any wheel of a triple saddle-mount combination that is in
contact with the highway.

Testing

    Based on the results of braking tests performed on various triple
saddle-mount combinations, as described below, ACC requested that FMCSA
make two regulatory changes: (1) Amend Sec.  393.71(a)(3) to eliminate
the requirement for operational brakes on the last saddle-mounted truck
in a triple saddle-mount combination; and (2) amend Sec.  393.71(c)(4)
to extend to triple saddle-mounts the existing requirement that a
double saddle-mount with any vehicle full-mounted on it have effective
brakes acting on those wheels in contact with the roadway.
    In 1996 and 2002, ACC, then known as the National Automobile
Transporters Association (NATA), sponsored brake performance tests
conducted by Radlinski & Associates, Inc. (RAI) \1\ in East Liberty,
Ohio. In support of its petition, ACC submitted these test results, as
well as the results of supporting tests sponsored by ATC Leasing
Company (ATC) \2\ in 2003. RAI tested a total of 24 triple saddle-mount
combinations in the two tests conducted for NATA and two additional
combinations in the ATC test. Braking tests were conducted on various
saddle-mount combinations, with and without antilock braking systems
(ABS) on the lead unit. An overview of the tests and corresponding
results from RAI were presented in the NPRM, and a copy of each test
report is available in the docket referenced at the beginning of this
document.
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    \1\ Radlinksi & Associates is now known as Link-Radlinksi, Inc.
    \2\ ATC Leasing Company is now known as ATC Transportation LLC.
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Analysis of Test Results in the NPRM

    As discussed in the proposed rule, FMCSA agrees that these test
results demonstrated that triple saddle-mount driveaway combinations
(1) Are able to meet the performance requirements of Sec.  393.52(d) at
various combinations of vehicle weight and length with the brakes
disconnected on the rearmost towed units (fourth truck), and (2) at
higher speeds, perform better when there are no brakes on the rearmost
towed unit. In addition, ACC's request to amend the braking
requirements for triple saddle-mount combinations is based on the same
considerations FMCSA cited in a final rule that permits motor carriers
to disconnect the service brakes on unladen converter dollies
manufactured on or after March 1, 1998 \3\ (70 FR 48008, Aug. 15,
2005). The axle weight of an unladen dolly is so low that the wheels
lock up under hard braking. The last unit in a saddle-mount combination
has higher axle weights than a converter dolly, but behaves in much the
same way--i.e., the axle in contact with the road locks up under heavy
braking, reducing controllability and increasing the stopping distance
of the vehicle.
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    \3\ FMCSA noted that with the National Highway Transportation
Safety Administration's (NHTSA) March 10, 1995, final rule on ABS
(60 FR 13216), the long-term need for this exception for unladen
converter dollies will diminish. An ABS-equipped converter dolly
will not have the stability and control problems observed with
unladen converter dollies not equipped with ABS. Therefore,
converter dollies manufactured on or after March 1, 1998, the
effective date of the NHTSA requirement for ABS on converter
dollies, are not covered by the exception.
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V. Discussion of Public Comments

    FMCSA received comments on the NPRM from ACC, ATC, ATA, and RAI.
All of the commenters support the

proposed elimination of the requirement for operational brakes on the
last truck or tractor in a triple saddle-mount combination, except when
a full mount is present. They are equally unanimous, however, in noting
that the proposed amendment of Sec.  393.42(b)(2)(ii) would undermine
the stated intent of the NPRM. Section 393.42(b)(2)(ii) currently
exempts combinations utilizing one or two saddle-mounts from the
requirement to have operational brakes on all wheels--but the proposed
amendment of this provision would have effectively removed this
exemption.

Exemption

    RAI noted that the proposed amendment of Section 393.42(b)(2)(ii)
would have effectively removed the exemption described above. ATC
observed that the practical effect of the NPRM would be ``to impose a
significant regulatory requirement on the driveaway industry by
imposing additional braking requirements on single and double saddle-
mount combinations.* * *'' ATC, ACC, and RAI point out that this
regulatory change would defeat the NPRM's objective of improving the
braking performance of saddle-mount combinations. ACC, ATA, and RAI
recommended that Sec.  393.42(b)(2)(ii) be removed. ATC proposed
instead that Sec.  393.42(b)(2) be revised using language that excepts
the final towed vehicle in a triple saddle-mount combination from the
requirement to have operative brakes on all wheels, while at the same
time linking saddle-mounts implicitly to driveaway-towaway operations.
FMCSA Response
    FMCSA agrees with the commenters that the proposed amendment to
Sec.  393.42(b)(2)(ii) would have introduced a new and unintended
regulatory burden for single and double saddle-mount combinations.
Under Sec.  393.42(b)(2), motor vehicles being towed in single or
double saddle-mount combinations ``are not required to have operative
brakes provided the combination of vehicles meets the requirements of
Sec.  393.52.'' By removing this exemption, the proposed rule would
have increased the cost of operating single and double saddle-mounts
while diminishing their safety.
    ACC, ATC, and ATA are correct that the braking performance studies
on triple saddle-mount combinations discussed in the NPRM would apply
equally to single and double saddle-mount configurations. Under this
final rule, the FMCSRs continue to exempt single and double saddle-
mount combinations from the requirement to have brakes on all wheels
provided the combination meets the requirements of Sec.  393.52, except
when a full mount is present. FMCSA made changes to the regulatory text
to address these concerns.

Comments on the Summary in the NPRM

    ATC takes issue with a statement in the ``Summary'' section of the
NPRM that the FMCSRs currently require operational brakes on any wheel
of a saddle-mounted vehicle that is in contact with the roadway; that
statement is inconsistent with Sec.  393.42(b)(2).
FMCSA Response
    ATC is correct in contesting the NPRM's statement that the FMCSRs
currently require operational brakes on any wheel of a saddle-mounted
vehicle in contact with the roadway. As discussed previously, Sec.
393.42 currently exempts saddle-mounted vehicles, except triple saddle-
mounts, from this requirement provided the combination of vehicles
meets the requirements of 49 CFR 393.52. For those cases in which the
combination cannot meet the performance requirements under Sec.
393.52, brakes would be required.

Full Mounts

    ATC, ACC, and ATA agree with the proposed amendments to Sec.
393.71. RAI, however, advocates further amendment of Sec.  393.71(c)(4)
to require that not only double and triple saddle-mount combinations,
but also single saddle-mounts, have operational brakes on the towed
vehicle(s) when a full mount is present.
FMCSA Response
    FMCSA agrees with RAI's suggestion to broaden the applicability of
Sec.  393.71(c)(4) to include all saddle-mount configurations--single,
double, and triple. The Agency amends this section accordingly.

VI. Discussion of the Final Rule

    This final rule amends Sec.  393.42(a) and (b) and Sec.
393.71(a)(3) and (c)(4) of the FMCSRs to exempt the fourth truck in a
triple saddle-mount combination of vehicles from the requirement to
have operative brakes on all wheels (provided the vehicles meet the
requirements of Sec.  393.52), except when a full mount is present. The
basic exemption is provided in amended Sec.  393.71(a)(3), with
additional amendments under Sec.  393.42(b)(2) and Sec.  393.71(c)(4).

Section 393.42

    In order to reduce confusion, the current exclusion language in
paragraph (b)(2)(i) has been moved to paragraph (a). Additionally, new
language has been added to paragraph (a) that requires brakes on all
wheels of a fullmount, regardless of the number of vehicles in the
configuration.
    This rule retains the broad exception at Sec.  393.42(b)(2), but
now clarifies that it also applies to the last truck of triple saddle-
mount combinations. Additionally, paragraph (b)(2) now contains a
cross-reference to the amended regulation for triple saddle-mounts in
Sec.  393.71(a)(3).

Section 393.71

    The final rule amends Sec.  393.71(a)(3) to eliminate the
requirement for operational brakes on the last saddle-mounted truck in
a triple saddle-mount combination. In addition, as requested by RAI,
the final rule also includes an amendment at Sec.  393.71(c)(4) that
removes the qualifier ``double.'' The requirement thus applies not only
to double saddle-mounts, but also to any saddle-mount combination. In
addition, the Agency makes an editorial change to improve readability.

VII. Regulatory Analyses

Executive Order 12866 (Regulatory Planning and Review), Executive Order
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures

    This final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563 (76 FR 3821, Jan. 21, 2011),
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Agency does not believe
implementing this rule will create new costs or cause an adverse
economic impact on the industry or the public. Therefore, a full
regulatory evaluation is unnecessary.
    FMCSA anticipates that this rule could result in several benefits,
chief among them the increased safety performance of triple saddle-
mount combination CMVs. By improving the braking performance of these
CMVs, the rule could reduce the number of crashes in which they are
involved. This improved braking ability will increase the mechanical
integrity of these CMVs, providing a safety benefit.
    Tests conducted by RAI in 1996, 2002, and 2003 support the argument
that disconnecting the rearmost axle brakes of triple saddle-mount

combination CMVs improves their braking performance. FMCSA does not
have quantifiable data, however, that would allow for an estimation of
the number of CMV crashes this change in practice will prevent, and
therefore cannot quantify this benefit.
    This rule will also reduce regulatory burden on motor carriers by
eliminating the requirement to connect the rearmost axle brakes on
triple saddle-mount CMVs. As with any elimination of an existing
regulation, reducing regulatory burden on motor carriers has the
potential to lower associated compliance costs. These cost savings are
likely to be modest, however, because the rule simply amends a practice
that is not particularly laborious or time-consuming.
    In addition, FMCSA does not expect that this rule will impose costs
on affected motor carriers because the elimination of the current
requirement will not require motor carriers to purchase new equipment,
parts, or accessories or to modify or alter existing equipment or
vehicles.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
Federal agencies to determine whether rules could have a significant
economic impact on a substantial number of small entities. The Agency's
economic assessment demonstrates that this final rule will yield minor
benefits while imposing no new costs. Consequently, I certify that this
action will not have a significant economic impact on a substantial
number of small entities.

Unfunded Mandates Reform Act of 1995

    This rulemaking does not impose an unfunded Federal mandate, as
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532 et
seq.), that will result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of $141.3
million (which is the value of $100 million in 2010 after adjusting for
inflation) or more in any 1 year.

Executive Order 12988 (Civil Justice Reform)

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

Executive Order 13045 (Protection of Children)

    FMCSA analyzed this action under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. The
Agency determined that this rulemaking does not pose an environmental
risk to health or safety that may disproportionately affect children.

Executive Order 12630 (Taking of Private Property)

    This rulemaking does not effect a taking of private property or
otherwise have takings implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

Executive Order 13132 (Federalism)

    A rulemaking has implications for Federalism under Executive Order
13132, Federalism, if it has a substantial direct effect on State or
local governments and would either preempt State law or impose a
substantial direct cost of compliance on them. FMCSA analyzed this
action in accordance with Executive Order 13132. The rule will not have
a substantial direct effect on States, nor will it limit the
policymaking discretion of States. Nothing in this document preempts
any State law or regulation.

Executive Order 12372 (Intergovernmental Review)

    The regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this action.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that FMCSA consider the impact of paperwork and other information
collection burdens imposed on the public. The Agency determined that no
new information collection requirements are associated with this final
rule.

National Environmental Policy Act

    FMCSA analyzed this rule for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
determined under our environmental procedures Order 5610.1, published
in the Federal Register on March 1, 2004 (69 FR 9680), that this action
has the potential to produce a very small benefit to the environment if
any reduction in crashes is realized. Therefore, this rule is
categorically excluded from further analysis and documentation in an
environmental assessment or environmental impact statement under FMCSA
Order 5610.1, paragraph 6(bb) of Appendix 2. The Categorical Exclusion
under paragraph 6(bb) relates to regulations concerning vehicle
operation safety standards that would apply to how these vehicles are
operated. The Categorical Exclusion determination is available for
inspection or copying in the Regulations.gov Web site listed under
ADDRESSES.
    FMCSA also analyzed this rule under the Clean Air Act, as amended
(CAA), section 176(c) (42 U.S.C. 7401 et seq.), and implementing
regulations promulgated by the Environmental Protection Agency.
Approval of this action is exempt from the CAA's general conformity
requirement since it does not affect direct or indirect emissions of
criteria pollutants.

Executive Order 13211 (Energy Effects)

    FMCSA analyzed this action under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. The Agency determined that it is not a
``significant energy action'' under that Executive Order because it is
not economically significant and is not likely to have an adverse
effect on the supply, distribution, or use of energy.

List of Subjects in 49 CFR Part 393

    Highways and roads, Motor carriers, Motor vehicle equipment, Motor
vehicle safety.

    In consideration of the foregoing, FMCSA amends title 49, Code of
Federal Regulations, subchapter B, chapter III, as follows:

PART 393 [AMENDED]

0
1. The authority citation for part 393 is revised to read as follows:

    Authority:  49 U.S.C. 31136, 31151, and 31502; Sec. 1041(b) of
Pub. L. 102-240, 105 Stat. 1914, 1993 (1991); and 49 CFR 1.73.

0
2. Amend Sec.  393.42 by revising paragraphs (a) and (b)(2) to read as
follows:

Sec.  393.42  Brakes required on all wheels.

    (a) Every commercial motor vehicle shall be equipped with brakes
acting on all wheels. This requirement also applies to certain motor
vehicles being towed in a driveaway-towaway operation, as follows:
    (1) Any motor vehicle towed by means of a tow-bar when another
motor vehicle is full-mounted on the towed vehicle; and
    (2) Any saddlemount configuration with a fullmount.
    (b) * * *
    (2) Motor vehicles being towed in a driveaway-towaway operation
(including the last truck of triple saddle-mount combinations (see
Sec.  393.71(a)(3)) are not required to have operative

brakes provided the combination of vehicles meets the requirements of
Sec.  393.52.
* * * * *
0
3. Amend Sec.  393.71 by revising paragraphs (a)(3) and (c)(4) to read
as follows:

Sec.  393.71  Coupling devices and towing methods, driveaway-towaway
operations.

    (a) * * *
    (3) When motor vehicles are towed by means of triple saddle-mounts,
all but the final towed vehicle must have brakes acting on all wheels
in contact with the roadway.
* * * * *
    (c) * * *
    (4) If a motor vehicle towed by means of a saddle-mount has any
vehicle full-mounted on it, the saddle-mounted vehicle must at all
times while so loaded have effective brakes acting on all wheels in
contact with the roadway.
* * * * *

    Issued on: September 8, 2011.
Anne S. Ferro,
Administrator.
[FR Doc. 2011-23344 Filed 9-12-11; 8:45 am]
BILLING CODE 4910-EX-P


Form for Compliance with E. O. 12866 Docket Requirements Title of Regulation: Revision of Wastewater Treatment Exemptions for Hazardous Waste Mixtures Contact person: Lisa Lauer Phone number: 703 308 7418 Was this regulation reviewed by OMB under Executive Order 12866  Regulatory Planning and Review?

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E. O. 12866 also requires agencies to identify the substantive changes between the draft regulation sent to OMB for review and the regulation subsequently announced [ Please check the appropriate box below:]

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If you have questions about this regulation, please call the EPA contact person listed above.


[Federal Register: July 31, 2008 (Volume 73, Number 148)]
[Notices]
[Page 44711-44712]
[DOCID:fr31jy08-36]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP08-441-000; Docket No. CP08-444-000]

CenterPoint Energy Gas Transmission Company; Texas Eastern
Transmission, LP; Notice of Application

July 24, 2008.
    Take notice that on July 17, 2008, CenterPoint Energy Gas
Transmission Company (CEGT), 1111 Louisiana Street, Houston, Texas
77002-5231, filed in Docket No. CP08-441-000 an application pursuant to
section 7(c) of the Natural Gas Act (NGA), and on July 21, 2008, Texas
Eastern Transmission, LP (Texas Eastern), 5400 Westheimer Court,
Houston, Texas 77056-5310, filed in Docket No. CP08-444-000 an
application pursuant to section 7(b) of the NGA for an order granting a
certificate of public convenience to authorize CEGT to acquire, by
operating lease, 90,000 dekatherms per day (Dth/d) of firm capacity
from Texas Eastern on its Sligo Lateral Line 11-G (Sligo Lateral) in
Bossier and Red River Parishes, Louisiana, all as more fully set forth
in the application which is on file with the Commission and open to
public inspection. The filing may also be viewed on the Web at http://
www.ferc.gov using the ``eLibrary'' link. Enter the docket number
excluding the

last three digits in the docket number field to access the document.
For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or TTY,
contact<PHONE_NUMBER>.
    CEGT and Texas Eastern state that the primary term of the Sligo
Lease is five years, and the lease will remain in effect from year to
year thereafter unless terminated by either party with at least 18
months prior notice and necessary approvals from the Commission. Texas
Eastern asserts that the lease capacity will be created by new
compression that CEGT intends to construct under its blanket
construction certificate. Texas Eastern states that granting the
authorizations requested in the application will not increase Texas
Eastern's system design capacity or affect the capacity available for
service on the Texas Eastern system, nor will it affect Texas Eastern's
existing tariffs.
    Any questions concerning this application may be directed to
Lawrence O. Thomas, Director--Rates & Regulatory, CenterPoint Energy
Gas Transmission Company, PO Box 21734, Shreveport, Louisiana 71151 at
(318) 429-2804, or Garth Johnson, General Manager, Certificates &
Reporting, Texas Eastern Transmission, LP, PO Box 1642, Houston, Texas
77251-1642 at<PHONE_NUMBER>.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 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: August 14, 2008.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-17497 Filed 7-30-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 75 (Thursday, April 18, 2013)]
[Notices]
[Pages 23329-23330]
[FR Doc No: 2013-09141]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Release From Federal Surplus Property and Grant
Assurance Obligations at Oroville Municipal Airport (OVE), Oroville,
California

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of request to release airport land.

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

SUMMARY: The Federal Aviation Administration (FAA) proposes to rule and
invites public comment on the application for a release of
approximately 6.50 acres of airport property at the Oroville Municipal
Airport (OVE), Oroville, California from all conditions contained in
the Surplus Property Deed and Grant Assurances because the parcel of
land is not needed for airport purposes. The land requested to be
released is located outside of the airport fence along the southern
boundary of the airport. The release will allow the City of Oroville
(City) to sell the property at its fair market value, thereby
benefiting the Airport and serving the interest of civil aviation. The
City is also requesting a land-use change for approximately 13.62 acres
of land adjacent to the 6.50 acres so it may be leased at its fair
market value for non-aeronautical purposes to earn revenue for the
airport. The proposed use will be compatible with the airport and will
not interfere with the airport or its operation.

DATES: Comments must be received on or before May 20, 2013.

FOR FURTHER INFORMATION CONTACT: Comments on the request may be mailed
or delivered to the FAA at the following address: Robert Lee, Airports
Compliance Specialist, Federal Aviation Administration, San Francisco
Airports District Office, Federal Register Comment, 1000 Marina
Boulevard, Suite 220, Brisbane, CA 94005. In addition, one copy of the
comment submitted to the FAA must be mailed or delivered to Mr. Art da
Rosa, Director of Public Works, 1735 Montgomery Street, Oroville, CA
95965-4897.

SUPPLEMENTARY INFORMATION: In accordance with the Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century (AIR 21),
Public Law 106-181 (Apr. 5, 2000; 114 Stat. 61), this notice must be
published in the Federal Register 30 days before the Secretary may
waive any condition imposed on a federally obligated airport by surplus
property conveyance deeds or grant agreements.

    The following is a brief overview of the request:
    The City of Oroville, California requested a release from Federal
surplus property and grant assurance obligations for approximately 6.50
acres of airport land to allow for its sale and a land-use change for
approximately 13.62 acres of airport land for long term leasing for
non-aeronautical revenue generating purposes. The property was
originally acquired pursuant to the Surplus Property Act of 1944 and
was deeded to the City of Oroville on May 9, 1947. The parcels of land
are located south of the airfield, outside of the airport fence line;
and along the southern perimeter of the Airport near Larkin Road.
    The City of Oroville will sell the 6.50 acres of property at fair
market value and lease 13.62 acres of undeveloped airport land for fair
market rental value for non-aeronautical revenue producing purposes.
    The sales proceeds and rental income will be devoted to airport
operations and capital projects. The reuse of the property will not
interfere with the airport or its operation; thereby serve the
interests of civil aviation.

    Issued in Brisbane, California, on April 11, 2013.
Robin K. Hunt,
Manager, San Francisco Airports District Office, Western-Pacific
Region.
[FR Doc. 2013-09141 Filed 4-17-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)]
[Notices]
[Pages 89947-89949]
[FR Doc No: 2016-29839]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0764]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Animal Feed
Regulatory Program Standards

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by January
12, 2017.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:

202-395-7285, or emailed to<EMAIL_ADDRESS>All comments
should be identified with the OMB control number 0910-0760. Also
include the FDA docket number found in brackets in the heading of this
document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A63, 11601
Landsdown St., North Bethesda, MD 20852<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Animal Feed Regulatory Program Standards--OMB 0910-0760--Extension

I. Background

    In the United States, Federal and State Government Agencies ensure
the safety of animal feed. FDA is responsible for ensuring that all
food and feed moving in interstate commerce, except those under the
U.S. Department of Agriculture jurisdiction, are safe, wholesome, and
labeled properly. States are responsible for conducting inspections and
regulatory activities that help ensure food and feed produced,
processed, and distributed within their jurisdictions are safe and in
compliance with State laws and regulations. States primarily perform
inspections under their own regulatory authority. Some States conduct
inspections of feed facilities under contract with FDA. Because
jurisdictions may overlap, FDA and States collaborate and share
resources to protect animal feed.
    The FDA Food Safety Modernization Act passed on January 4, 2011,
calls for enhanced partnerships and provides a legal mandate for
developing an Integrated Food Safety System (IFSS). FDA is committed to
implementing an IFSS thereby optimizing coordination of food and feed
safety efforts with Federal, State, local, tribal, and territorial
regulatory and public health Agencies. Model standards provide a
consistent, underlying foundation that is critical for uniformity
across State and Federal Agencies to ensure credibility of food and
feed programs within the IFSS.

II. Significance of Feed Program Standards

    The Animal Feed Regulatory Program Standards (AFRPS) provide a
uniform and consistent approach to feed regulation in the United
States. Implementation of the draft feed program standards is
voluntary. States implementing the standards will identify and maintain
program improvements that will strengthen the safety and integrity of
the U.S. animal feed supply.
    The feed standards are the framework that each State should use to
design, manage, and improve its feed program. The standards include the
following: (1) Regulatory foundation; (2) training; (3) inspection
program; (4) auditing; (5) feed-related illness or death and emergency
response; (6) enforcement program; (7) outreach activities; (8) budget
and planning; (9) assessment and improvement; (10) laboratory services;
and (11) sampling program.
    Each standard has a purpose statement, requirement summary,
description of program elements, projected outcomes, and a list of
required documentation. When a State program voluntarily agrees to
implement the feed standards, it must fully implement and maintain the
individual program elements and documentation requirements in each
standard in order to fully implement the standard.
    The feed standards package includes forms, worksheets, and
templates to help the State program assess and meet the program
elements in the standard. State programs are not obligated to use the
forms, worksheets, and templates provided with the feed standards.
Other manual or automated forms, worksheets, and templates may be used
as long as the pertinent data elements are present. Records and other
documents specified in the feed standards must be maintained in good
order by the State program and must be available to verify the
implementation of each standard. The feed standards are not intended to
address the performance appraisal processes that a State Agency may use
to evaluate individual employee performance.
    In the first year of implementation, the State program uses the
self-assessment worksheets to determine if the requirements for each
standard are fully met, partially met, or not met. The self-assessments
are used to develop an improvement plan for fully implementing the
requirements of the 11 standards. Second and third-year assessments
will provide progress evaluation.
    Although FDA plans to provide financial support to State programs
that implement the feed standards, funding opportunities are contingent
upon the availability of funds. Funding opportunities may be only
available to State feed regulatory programs that currently have an FDA
feed inspection contract. State programs receiving financial support to
implement the feed standards will be audited by FDA.

III. Electronic Access

    Persons with access to the Internet may submit requests for a
single copy of the current feed standards from<EMAIL_ADDRESS>
Please note that due to editorial revisions and public comments, the
final standards may differ from the copy you receive.
    In the Federal Register of April 12, 2016 (81 FR 21578), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. FDA received one comment. However, this
comment did not address the information collection.
    FDA estimates the burden of this collection of information as
follows:

                                                   Table 1--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of                      Average  burden
                        Type of  respondent                             Number of       records per      Total annual         per          Total hours
                                                                      recordkeepers     recordkeeper       records       recordkeeping
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Employee.....................................................              40                1               40            3,000          120,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    The burden has been calculated to 3,000 hours per respondent. This
burden was determined by capturing the average amount of time for each
respondent to assess the current state of the program and work toward
implementation of each of the 11 standards contained in AFRPS. FDA
recognizes that full use and implementation of the feed standards by
State feed programs will occur over many years and the number of years
to

fully implement the feed standards will vary among States.

    Dated: December 8, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-29839 Filed 12-12-16; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 82, Number 51 (Friday, March 17, 2017)]
[Rules and Regulations]
[Pages 14157-14161]
[FR Doc No: 2017-05157]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-2016-0002]

Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency; DHS.

ACTION: Final rule; correction.

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

SUMMARY: On October 26, 2015, FEMA published in the Federal Register a
final rule that contained an erroneous table. This rule provides
corrections to that table, to be used in lieu of the information
published. The table provided here represents the final Base (1%
annual-chance) Flood Elevations (BFEs) and modified BFEs and
communities affected for St. Charles County, Missouri and Incorporated
Areas.

DATES: Effective March 17, 2017. The date of issuance of the Flood
Insurance Rate Map (FIRM) showing BFEs and modified BFEs for each
community may be obtained by contacting the office where the maps are
available for inspection as indicated in the table below.

ADDRESSES: The final BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: On October 26, 2015, FEMA published in the
Federal Register a final rule that contained an erroneous table. This
rule provides corrections to that table, to be used in lieu of the
information published at 80 FR 65162-65164.
    The Federal Emergency Management Agency (FEMA) makes the final
determinations listed below for the modified BFEs for each community
listed. These modified elevations have been published in newspapers of
local circulation and ninety (90) days have elapsed since that
publication. The Deputy Associate Administrator for Insurance and
Mitigation has resolved any appeals resulting from this notification.

    This final rule is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in flood
prone areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the proof Flood Insurance Study and FIRM available at the
address cited below for each community. The BFEs and modified BFEs are
made final in the communities listed below. Elevations at selected
locations in each community are shown.
    National Environmental Policy Act. FEMA has reviewed this final
rule for purposes of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and has determined that this action will not have
a significant effect on the human environment. This action is covered
by categorical exclusions A4 and A 7 in Department of Homeland Security
(DHS) Instruction 023-01-001-01, Appendix A.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This final rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This final rule meets
the applicable standards of Executive Order 12988.

Correction

    In the final rule published at 80 FR 65162-65164 in the October 26,
2015 issue of the Federal Register, FEMA published a table titled ``St.
Charles County, Missouri, and Incorporated Areas''. This table
contained inaccurate information as to the community name for the City
of Dardenne Prairie featured in the table. In this document, FEMA is
publishing a table containing the accurate information. The information
provided below should be used in lieu of that previously published.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements.

    Dated: December 21, 2016.
Roy E. Wright,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

    Accordingly, 44 CFR part 67 is amended as follows:

PART 67--[AMENDED]

0
1. The authority citation for part 67 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  67.11   [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                                      * Elevation in
                                                                      feet (NGVD) +
                                                                    Elevation in feet
                                           Location of referenced   (NAVD) # Depth in
           Flooding source(s)                    elevation          feet above ground     Communities affected
                                                                    [caret] Elevation
                                                                     in meters (MSL)
                                                                         Modified
----------------------------------------------------------------------------------------------------------------
                               St. Charles County, Missouri and Incorporated Areas
                                       Docket Nos.: FEMA-B-1062 and B-1167
----------------------------------------------------------------------------------------------------------------
Baltic Creek...........................  At the confluence with                  +470  City of Cottleville, City
                                          Dardenne Creek.                        +492   of St. Peters, City of
                                         Approximately 0.7 mile                         Weldon Spring,
                                          upstream of the                               Unincorporated Areas of
                                          confluence with                               St. Charles County.
                                          Tributary 7.
Blanchette Creek (Backwater from         Just downstream of Katy                 +455  City of St. Charles,
 Missouri River).                         Trail/Abandoned Railroad.              +455   Unincorporated Areas of
                                         At the confluence with                         St. Charles County.
                                          the Missouri River.
Boschert Creek.........................  At the confluence with                  +441  City of St. Charles,
                                          Cole Creek.                            +532   Unincorporated Areas of
                                         Approximately 0.6 mile                         St. Charles County.
                                          upstream of Sibley
                                          Street.
Cole Creek.............................  Approximately 0.4 mile                  +443  City of St. Charles.
                                          upstream of the           .................
                                          confluence with Boschert               +529
                                          Creek.
                                         Approximately 800 feet
                                          upstream of Graystone
                                          Drive.
Crooked Creek..........................  At the confluence with                  +475  City of Cottleville, City
                                          Dardenne Creek.                        +574   of O'Fallon, City of
                                         Approximately 0.7 mile                         Weldon Spring,
                                          upstream of I-64.                             Unincorporated Areas of
                                                                                St. Charles County.
Crystal Springs Creek (Backwater from    At the confluence with                  +457  City of St. Charles,
 Missouri River).                         the Missouri River.                    +457   Unincorporated Areas of
                                         Approximately 871 feet                         St. Charles County.
                                          upstream of South River
                                          Road.
Cunningham Branch......................  At the confluence with                  +535  City of O'Fallon,
                                          Dardenne Creek.                        +644   Unincorporated Areas of
                                         Approximately 1,250 feet                       St. Charles County.
                                          upstream of State
                                          Highway D.

Dardenne Creek.........................  Approximately 400 feet                  +444  City of Cottleville, City
                                          downstream of Norfold     .................   of Dardenne Prairie,
                                          Southern Railroad.                     +748   City of O'Fallon, City
                                         Approximately 2.3 miles                        of St. Peters,
                                          upstream of Oberhelman                        Unincorporated Areas of
                                          Road.                                         St. Charles County.
Duckett Creek (Overflow from Missouri    At the confluence with                  +462  Unincorporated Areas of
 River).                                  the Missouri River.                    +463   St. Charles County.
                                         Approximately 0.5 miles
                                          upstream of Jungs
                                          Station Road.
East Branch Spencer Creek..............  At the confluence with                  +458  City of St. Peters.
                                          Spencer Creek.                         +503
                                         Just downstream of Boone
                                          Hills Drive..
East Branch Tributary B................  At the confluence with                  +480  City of Cottleville, City
                                          Dardenne Creek.                        +525   of O'Fallon,
                                         Approximately 150 feet                         Unincorporated Areas of
                                          upstream of State                             St. Charles County.
                                          Highway K.
East Cole Creek........................  At the confluence with                  +457  City of St. Charles.
                                          Cole Creek.                            +478
                                         Approximately 600 feet
                                          upstream of Canary Lane.
Femme Osage Creek (Backwater from        Approximately 0.4 miles                 +476  Unincorporated Areas of
 Missouri River).                         downstream of State                    +476   St. Charles County.
                                          Highway 94.
                                         Approximately 1.4 miles
                                          downstream of Defiance
                                          Road.
Kraut Run..............................  At the confluence with                  +506  Unincorporated Areas of
                                          Dardenne Creek.                        +607   St. Charles County.
                                         Approximately 1,000 feet
                                          upstream of Wilson Road.
Lake Sainte Louise.....................  Entire shoreline within                 +546  City of Lake St. Louis.
                                          community.
Little Dardenne Creek..................  At the confluence with                  +554  Unincorporated Areas of
                                          Dardenne Creek.                        +719   St. Charles County.
                                         Approximately 0.9 mile
                                          upstream of Morrison
                                          Lane.
Mississippi River......................  At the St. Charles                      +434  City of O'Fallon, City of
                                          County, Missouri/St.      .................   Portage Des Sioux, City
                                          Louis County, Missouri/                +444   of St. Charles, City of
                                          Madison County, Illinois                      St. Paul, City of St.
                                          county boundary,                              Peters, Town of West
                                          approximately 6.2 miles                       Alton, Unincorporated
                                          downstream of Melvin                          Areas of St. Charles
                                          Price Lock and Dam.                           County.
                                         At the St. Charles County/
                                          Lincoln County boundary,
                                          approximately 3.0 miles
                                          upstream of confluence
                                          with Peruue Creek.
Missouri River.........................  At the St. Charles                      +434  City of St. Charles, City
                                          County, Missouri/St.      .................   of Weldon Spring, Town
                                          Louis County, Missouri/                +492   of West Alton, Town of
                                          Madison County, Illinois                      Augusta, Unincorporated
                                          county boundary,                              Areas of St. Charles
                                          approximately 7.4 miles                       County.
                                          downstream of the Lewis
                                          Bridge.
                                         Near the St. Charles
                                          County/Warren County
                                          boundary, approximately
                                          22.3 miles upstream of
                                          the Daniel Boone Bridge.
Oday Creek.............................  At the confluence with                  +505  City of Lake St. Louis,
                                          Dardenne Creek.                        +587   City of O'Fallon, City
                                         Approximately 425 feet                         of St. Charles,
                                          upstream of State                             Unincorporated Areas of
                                          Highway N.                                    St. Charles County.
Old Dardenne Creek.....................  At the confluence with                  +486  City of Dardenne Prairie.
                                          Dardenne Creek.
                                         Approximately 350 feet                  +502  City of O'Fallon, City of
                                          upstream of U.S. Route                        St. Charles,
                                          40/61.                                        Unincorporated Areas of
                                                                                St. Charles County.
Peruque Creek..........................  Approximately 0.3 mile                  +530  City of Foristell, City
                                          downstream of State                    +630   of Wentzville,
                                          Highway Z.                                    Unincorporated Areas of
                                         Approximately 1.3 miles                        St. Charles County.
                                          upstream of State
                                          Highway T.
Peruque Creek Tributary 12.............  At the confluence with                  +471  City of St. Paul,
                                          Peruque Creek.                         +527   Unincorporated Areas of
                                         Approximately 0.4 mile                         St. Charles County.
                                          upstream of Meadow Farm
                                          Lane.
Peruque Creek Tributary 14.............  Approximately 0.2 mile                  +464  City of O'Fallon,
                                          upstream of the           .................   Unincorporated Areas of
                                          confluence with Peruque                +512   St. Charles County.
                                          Creek.
                                         Approximately 1,000 feet
                                          upstream of Civic Park
                                          Drive.
Peruque Creek Tributary 15.............  Approximately 900 feet                  +464  City of O'Fallon.
                                          upstream of the           .................
                                          confluence with Peruque                +507
                                          Creek.
                                         Approximately 1,300 feet
                                          upstream of Main Street.
Peruque Creek Tributary 2..............  At the confluence with                  +613  City of Foristell,
                                          Peruque Creek.                         +734   Unincorporated Areas of
                                         Approximately 600 feet                         St. Charles County.
                                          upstream of State
                                          Highway T.
Peruque Creek Tributary 8..............  Approximately 1.0 mile                  +505  City of Lake St. Louis,
                                          upstream of the           .................   City of Wentzville.
                                          confluence with Peruque                +546
                                          Creek.
                                         Approximately 0.6 mile
                                          upstream of I-70.

Peruque Creek Tributary 9..............  Approximately 1.0 mile                  +505  City of Lake St. Louis,
                                          upstream of the           .................   Unincorporated Areas of
                                          confluence with Peruque                +539   St. Charles County.
                                          Creek.
                                         Approximately 0.4 mile
                                          upstream of Henke Road.
Sandfort Creek.........................  Just downstream of                      +442  City of St. Charles,
                                          Norfolk Southern                       +497   Unincorporated Areas of
                                          Railroad.                                     St. Charles County.
                                         Approximately 350 feet
                                          downstream of Muegge
                                          Road.
Schote Creek...........................  At the confluence with                  +481  City of Dardenne Prairie,
                                          Dardenne Creek.                        +583   City of O'Fallon,
                                         Approximately 1.6 miles                        Unincorporated Areas of
                                          upstream of U.S. Route                        St. Charles County.
                                          40/61..
Spencer Creek..........................  Approximately 365 feet                  +444  City of St. Peters,
                                          upstream of the railroad.              +526   Unincorporated Areas of
                                         Approximately 1,200 feet                       St. Charles County.
                                          upstream of Millwood
                                          Drive.
Taylor Branch (Backwater from Missouri   At the confluence with                  +460  City of St. Charles,
 River).                                  the Missouri River.                    +460   Unincorporated Areas of
                                         Approximately 0.6 miles                        St. Charles County.
                                          upstream of South River
                                          Road.
Tributary A............................  At the confluence with                  +469  City of St. Peters,
                                          Dardenne Creek.                        +536   Unincorporated Areas of
                                         Approximately 500 feet                         St. Charles County.
                                          upstream of Starlight
                                          Drive.
Tributary No. 1........................  At the confluence with                  +464  City of St. Peters,
                                          Dardenne Creek.                        +473   Unincorporated Areas of
                                         Approximately 400 feet                         St. Charles County.
                                          upstream of Harris Drive.
Tributary No. 13.......................  At the confluence with                  +486  City of Dardenne Prairie,
                                          Dardenne Creek.                        +508   City of O'Fallon.
                                         Approximately 700 feet
                                          upstream of McClure Road.
Tributary No. 15.......................  At the confluence with                  +495  City of Dardenne Prairie,
                                          Dardenne Creek.                        +567   City of O'Fallon,
                                         Approximately 300 feet                         Unincorporated Areas of
                                          upstream of Keystone                          St. Charles County.
                                          Crossing Drive.
Tributary No. 17.......................  Approximately 0.8 mile                  +522  City of O'Fallon,
                                          upstream of the           .................   Unincorporated Areas of
                                          confluence with Dardenne               +895   St. Charles County.
                                          Creek.
                                         Approximately 900 feet
                                          upstream of Hopewell
                                          Road.
Tributary No. 19.......................  Approximately 1,300 feet                +505  Unincorporated Areas of
                                          upstream of the           .................   St. Charles County.
                                          confluence with Dardenne               +573
                                          Creek.
                                         Approximately 2.1 miles
                                          upstream of the
                                          confluence with Dardenne
                                          Creek.
Tributary No. 2........................  Just upstream of Ohmes                  +465  City of St. Peters.
                                          Road.                                  +478
                                         Approximately 0.5 mile
                                          upstream of Ohmes Road.
Tributary No. 3........................  At the confluence with                  +469  Unincorporated Areas of
                                          Tributary A.                           +503   St. Charles County.
                                         Approximately 0.8 mile
                                          upstream of St. Peters-
                                          Howell Road.
Tributary No. 4........................  At the confluence with                  +469  City of St. Peters,
                                          Tributary A.                           +509   Unincorporated Areas of
                                         Approximately 1,150                            St. Charles County.
                                          upstream of Woodstream
                                          Drive.
Tributary No. 7........................  At the confluence with                  +482  City of St. Peters, City
                                          Baltic Creek.                          +504   of Weldon Spring.
                                         Approximately 0.8 mile
                                          upstream of Pitmann Hill
                                          Road.
Tributary No. 9........................  At the confluence with                  +480  City of Weldon Spring,
                                          Crooked Creek.                         +497   Unincorporated Areas of
                                         Approximately 0.5 mile                         St. Charles County.
                                          upstream of Guthermuth
                                          Road.
West Branch Spencer Creek..............  At the confluence with                  +450  Unincorporated Areas of
                                          Spencer Creek.                         +510   St. Charles County.
                                         Approximately 400 feet
                                          upstream of Willott Road.
West Branch Tributary B................  At the confluence with                  +489  City of Dardenne Prairie.
                                          East Branch Tributary B.               +622
                                         Approximately 150 feet
                                          upstream of Bryan Road.
West Sandfort Creek....................  At the confluence with                  +450  City of St. Charles,
                                          Sandfort Creek.                        +459   Unincorporated Areas of
                                         Approximately 1,400 feet                       St. Charles County.
                                          upstream of Harry S.
                                          Truman Boulevard.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
                                                    ADDRESSES
City of Cottleville:
Maps are available for inspection at City Hall, 5490 5th Street, Cottleville, MO 63338.
City of Dardenne Prairie:
Maps are available for inspection at City Hall, 2032 Hanley Road, Dardenne Prairie, MO 63368.
City of Foristell:
Maps are available for inspection at City Hall, 121 Mulberry Street, Foristell, MO 63348.

City of Lake St. Louis:
Maps are available for inspection at City Hall, 200 Civic Center Drive, Lake St. Louis, MO 63367.
City of O'Fallon:
Maps are available for inspection at City Hall, 100 North Main Street, O'Fallon, MO 63366.
City of Portage Des Sioux:
Maps are available for inspection at the County Administration Building, 201 North 2nd Street, Room 420, St.
 Charles, MO 63301.
City of St. Charles:
Maps are available for inspection at City Hall, 200 North 2nd Street, St. Charles, MO 63301.
City of St. Paul:
Maps are available for inspection at City Hall, 2300 St. Paul Road, St. Paul, MO 63366.
City of St. Peters:
Maps are available for inspection at City Hall, 1 St. Peters Centre Boulevard, St. Peters, MO 63376.
City of Weldon Spring:
Maps are available for inspection at City Hall, 5401 Independence Road, Weldon Spring, MO 63304.
City of Wentzville:
Maps are available for inspection at City Hall, 310 West Pearce Boulevard, Wentzville, MO 63385.
Town of Augusta:
Maps are available for inspection at Town Hall, 239 Green Street, Augusta, MO 63332.
Town of West Alton:
Maps are available for inspection at 201 North 2nd Street, Room 420, St. Charles, MO 63301.
Unincorporated Areas of St. Charles County:
Maps are available for inspection at the County Adminstration Building, 201 North 2nd Street, Room 420, St.
 Charles, MO 63301.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-05157 Filed 3-16-17; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: August 27, 2009 (Volume 74, Number 165)]
[Notices]
[Page 43697-43698]
[DOCID:fr27au09-73]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0162; FRL-8430-7]

Pesticide Product Registration Approval

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces Agency approval of an application to
register the pesticide product NEXY containing an active ingredient not
included in any previously registered products pursuant to the
provisions of section 3(c)(5) of the Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA), as amended.

FOR FURTHER INFORMATION CONTACT:  Jeannine Kausch, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

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

    1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2008-0162. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the Office of Pesticide Programs (OPP) Regulatory Public
Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal
Dr., Arlington, VA. The hours of operation of this Docket Facility are

from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The Docket Facility telephone number is<PHONE_NUMBER>.
    In accordance with section 3(c)(2) of FIFRA, a copy of the approved
label, the list of data references, the data and other scientific
information used to support registration, except for material
specifically protected by section 10 of FIFRA, are also available for
public inspection. Requests for data must be made in accordance with
the provisions of the Freedom of Information Act and must be addressed
to the Freedom of Information Office (A-101), 1200 Pennsylvania Ave.,
NW., Washington, DC 20460-0001. Such requests should: Identify the
product name and registration number and specify the data or
information desired.
    A paper copy of the fact sheet, which provides more detail on this
registration, may be obtained from the National Technical Information
Service (NTIS), 5285 Port Royal Rd., Springfield, VA 22161.
    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.

II. Did EPA Approve the Application?

    The Agency approved the application after considering all required
data on risks associated with the proposed use of Candida oleophila
Strain O, and information on social, economic, and environmental
benefits to be derived from use. Specifically, the Agency has
considered the nature of the chemical and its pattern of use,
application methods and rates, and level and extent of potential
exposure. Based on these reviews, the Agency was able to make basic
health and safety determinations which show that Candida oleophila
Strain O, when used in accordance with widespread and commonly
recognized practice, will not generally cause unreasonable adverse
effects to human health or the environment.

III. Approved Application

    EPA issued a notice, published in the Federal Register of March 28,
2008 (73 FR 16676) (FRL-8355-5), which announced that SynTech Global,
LLC, P.O. Box 640, Hockessin, DE 19707 on behalf of BioNext sprl,
Passage des d[eacute]port[eacute]s, 2, B-5030 Gembloux, Belgium, had
submitted an application to register the pesticide product, NEXY,
biofungicide (EPA File Symbol 84863-R), containing Candida oleophila
Strain O at 57%. This product was not previously registered.
     The Agency received one public comment in response to the March
28, 2008 notice. A private citizen expressed opposition to Candida
oleophila Strain O's introduction into the United States in light of
the ``thousands of chemicals already out there'' and implied a concern
about the effects of ``toxic chemicals'' on human health or the
environment. Pursuant to its authority under the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), the Agency conducted a rigorous
assessment of Candida oleophila Strain O, as described in Unit II, and
concluded that it is not expected to cause any unreasonable adverse
effects to human health or the environment.
     Further, Candida oleophila Strain O is not considered a
conventional pesticide. Conventional pesticides generally consist of
synthetic materials, may affect a broad spectrum of non-target
organisms, and may be inherently more toxic. Candida oleophila Strain
O, however, is a naturally occurring yeast isolated from golden
delicious apples and found on various food commodities, and has been
classified as a microbial pesticide. Candida oleophila Strain O is
intended for use as an antagonist to specifically control the fungal
pathogens gray mold (Botrytis cinerea) and blue mold (Penicillium
expansum), which cause post-harvest decay on apples and pears. The mode
of action for Candida oleophila Strain O is primarily through
competition for nutrients and pre-colonization of plant wound sites,
and use of Candida oleophila Strain O may result in decreased
conventional pesticide applications to apples pears after harvest.
Additional information about Candida oleophila Strain O and the
Agency's assessment of this microbial active ingredient can be found in
the Biopesticides Registration Action Document (BRAD) on the
Biopesticides and Pollution Prevention Division (BPPD) website: http://
www.epa.gov/pesticides/biopesticides.
    The application was approved on June 1, 2009, as NEXY (EPA
Registration Number 84863-1) for post-harvest control of gray mold
(Botrytis cinerea) and blue mold (Penicillium expansum) on apples and
pears.

List of Subjects

    Environmental protection, Chemicals, Pests and pesticides.

    Dated: August 18, 2009.
 Sheryl K. Reilly,
Acting Director, Biopesticides and Pollution Prevention Division,
Office of Pesticide Programs.
[FR Doc. E9-20717 Filed 8-26-09; 8:45 a.m.]

BILLING CODE 6560-50-S