[Federal Register: May 23, 2007 (Volume 72, Number 99)]
[Rules and Regulations]
[Page 28868-28871]
[DOCID:fr23my07-13]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2007-0158; FRL-8129-4]

Aspergillus flavus AF36 on Pistachio; Temporary Exemption From
the Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes a temporary exemption from the
requirement of a tolerance for residues of Aspergillus flavus AF36 on
pistachio when applied/used to reduce aflatoxin-producing Aspergillus
flavus. Interregional Research Project Number 4 (IR-4), Rutgers
University, 500 College Road East, Suite 201W, Princeton, NJ 08540 on
behalf of the Arizona Cotton Research and Protection Council], 3721
East Wier Avenue Phoenix, Arizona 85040-2933 submitted a petition to
EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended
by the Food Quality Protection Act of 1996 (FQPA), requesting the
temporary tolerance exemption. This regulation eliminates the need to
establish a maximum permissible level for residues of Aspergillus
flavus AF36. The temporary tolerance exemption expires on May 14, 2010.

DATES: This regulation is effective May 23, 2007. Objections and
requests for hearings must be received on or before June 22, 2007, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2007-0158. To access the
electronic docket, go to http://www.regulations.gov, select ``Advanced

Search,'' then ``Docket Search.'' Insert the docket ID number where
indicated and select the ``Submit'' button. Follow the instructions on
the regulations.gov web site to view the docket index or access
available documents. All documents in the docket are listed in the
docket index available in regulations.gov. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available in the electronic docket at http://www.regulations.gov, or,

if only available in hard copy, at the OPP Regulatory Public Docket in
Rm. S-4400, One Potomac Yard (South Bldg), 2777 S. Crystal Dr.,
Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays. The Docket Facility
telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Shanaz Bacchus, 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. To determine whether you or your business may be affected by
this action, you should carefully examine the applicability provisions
in Section 5 of FIFRA and the regulations promulgated to carry out that
provision of FIFRA (40 CFR part 172). 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 Access Electronic Copies of this Document?

    In addition to accessing an electronic copy of this Federal
Register document through the electronic docket at http://www.regulations.gov
, you may access this ``Federal Register'' document

electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr. You may also access a

frequently updated electronic version of 40 CFR part 180 through the
Government Printing Office's pilot e-CFR site at http://www.gpoaccess.gov/ecfr
.

C. Can I File an Objection or Hearing Request?

    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. You must file your objection or
request a hearing on this regulation in accordance with the
instructions provided in 40 CFR part 178. To ensure proper receipt by
EPA, you must identify docket ID number EPA-HQ-OPP-2007-0158 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 July 23, 2007.
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit your copies, identified by docket ID
number EPA-HQ-OPP-2007-0158, by one of the following methods.
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg), 2777 S. Crystal Dr, Arlington, VA. Deliveries are only accepted
during the Docket's normal hours of operation (8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays). Special arrangements
should be made for deliveries of boxed information. The Docket Facility
telephone number is<PHONE_NUMBER>.

II. Background and Statutory Findings

    In the Federal Register of March 21, 2007 (72 FR 13277) (FRL-8117-
4), EPA issued a notice pursuant to section 408(d)(3) of the FFDCA, 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance
petition (PP 6E7118) by Interregional Research Project Number 4 (IR-4),
Rutgers University, 500 College Road East, Suite 201W, Princeton, NJ
08540 on behalf of the Arizona Cotton Research and Protection Council,
3721 E. Wier Ave., Phoenix, AZ 85040-2933. The petition requested that
40 CFR part 180 be amended by establishing a temporary exemption from
the requirement of a tolerance for residues of Aspergillus flavus AF36
on pistachio. This notice included a summary of the petition prepared
by the petitioner IR-4, on behalf of the Arizona Cotton Research and
Protection Council. One comment received in response to the notice of
filing suggested that the area should be notified of the proposed
application of the pesticide. In this respect, a Federal Register
Notice of the receipt of the application for the Experimental Use
Permit was published in the Federal Register on March 9, 2007 (72 FR-
10751) (FRL-8117-6). Another announcement, regarding the filing of the
pesticide petition discussed herein, was published in the Federal
Register on March 21, 2007 (72 FR 13277) (FRL-8117-4).
    Section 408(c)(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 exemption is ``safe.'' Section 408(c)(2)(A)(ii) of the FFDCA
defines ``safe '' to mean that ``there is a reasonable certainty that
no harm will result from aggregate exposure to the pesticide chemical
residue, including all anticipated dietary exposures and all other
exposures for which there is reliable information.'' This includes
exposure through drinking water and in residential settings, but does
not include occupational exposure. Pursuant to section 408(c)(2)(B), in
establishing or maintaining in effect an exemption from the requirement
of a tolerance, EPA must take into account the factors set forth in
section 408(b)(2)(C), which require 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. * * *''
Additionally, section 408(b)(2)(D) of the FFDCA requires that 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 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 the 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 toxicological profile of the conditionally registered microbial
pesticide, Aspergillus flavus AF36 has been previously described in the
final rule of the Federal Register of July 14, 2003 (68 FR 41535) (FRL-
7311-6). The exemption from tolerance of Aspergillus flavus AF36, a
non-aflatoxin-producing strain of Aspergillus flavus, on cotton was
established in 40 CFR Sec. 180.1206. The database supporting that
exemption from tolerance also supports the proposed temporary exemption
of this active ingredient on pistachio. The pesticide was neither toxic
nor infective via the oral and pulmonary routes. It was placed in
Toxicity Category IV for acute oral effects. The Toxicity Category

III designation for acute inhalation effects is based on the granular
nature of the pesticide and the submitted pulmonary studies. This
pesticide has been used for more than a decade in experimental
laboratory and field trials and in agricultural practice on cotton in
Arizona, Texas and California without any reports of adverse dermal
irritation or hypersensitivity effects.
    The petitioner now seeks to amend that exemption from tolerance of
Aspergillus flavus AF36 on cotton, to include a temporary exemption
from tolerance for residues of the fungal active ingredient on
pistachio. An Experimental Use Permit, EPA Registration Number 71693-
EUP-1, is proposed for three years to treat 3,000 acre pistachio trees
per year by ground application. Treatment of a total of 9,000 acres
over three years in 2007, 2008, and 2009, will utilize a total of
approximately 0.72 pound of the active ingredient, Aspergillus flavus
AF36. No further toxicological data are required for this temporary
exemption from the requirement of a tolerance for Aspergillus flavus
AF36 on pistachio.

IV. Aggregate Exposures

    In examining aggregate exposure, section 408 of the FFDCA directs
EPA to consider available information concerning exposures from the
pesticide residue in food and all other non-occupational 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. Food. The aforesaid final rule for the exemption from tolerance
for residues of Aspergillus flavus AF 36 on cotton considered all
studies submitted by the applicant and found them to be acceptable.
Roasting of pistachio nuts and other post harvest agricultural
practices, such as treatment with phosphine, are expected to further
reduce any aflatoxin contamination of pistachio nuts.
    2. Drinking water exposure. Those data are also acceptable to
demonstrate that the proposed use of Aspergillus flavus AF36 on
pistachio will not harm the U.S adult, infant and children population
from dietary exposure, including food, and drinking water. Percolation
through the soil and municipal treatment of drinking water are expected
to preclude exposure of the U.S population, infants and children to
residues of the pesticide.

B. Other Non-Occupational Exposure

    1. Dermal exposure. Dermal non-occupational exposure is expected to
be minimal to non-existent for the proposed use of Aspergillus flavus
AF36 on pistachio. The pesticide is to be applied to agricultural sites
not in the proximity of residential areas, schools, nursing homes or
daycares.
    2. Inhalation exposure. For the same reasons non-occupational
inhalation exposure to AF36 is expected to be minimal to non-existent.

V. Cumulative Effects

    Another non-aflatoxin-producing strain of Aspergillus flavus, NRRL
21882 is registered, but not for use on pistachio. Cumulative effects
of these strains are not expected to exceed the risk cup for the
registered Aspergillus flavus strains, AF36 and NRRL 21882.
Furthermore, these strains are expected to decrease the presence of
aflatoxin-producing colonies of the fungus on treated commodities and
thus decrease the risks posed by the potent liver carcinogen,
aflatoxin.

VI. Determination of Safety for U.S. Population, Infants and Children

    Based on the previously evaluated data, it is not necessary to use
a safety factor to determine safety to children 9 (see Federal
Register, July 14, 2003, as cited in Unit III.)

VII. Other Considerations

A. Endocrine Disruptors

    See Federal Register, July 14, 2003, cited in Unit III.

B. Analytical Method(s)

    See Federal Register, July 14, 2003, cited in Unit III.

C. Codex Maximum Residue Level

    There is no Codex Maximum Residue Level (MRL) for residues of
Aspergillus flavus AF36 on pistachio.

VIII. Statutory and Executive Order Reviews

    This final rule establishes a tolerance under section 408(d) of
FFDCA in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993). Because this rule has been
exempted from review under Executive Order 12866, 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) or Executive Order 13045, entitled Protection of Children
from Environmental Health Risks and Safety Risks (62 FR 19885, April
23, 1997). This final rule does not contain any information collections
subject to OMB approval under the Paperwork Reduction Act (PRA), 44
U.S.C. 3501 et seq., nor does it require any special considerations
under Executive Order 12898, entitled Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under section 408(d) of FFDCA, such as the tolerance in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
    This final rule directly regulates growers, food processors, food
handlers and food retailers, not States or tribes, nor does this action
alter the relationships or distribution of power and responsibilities
established by Congress in the preemption provisions of section
408(n)(4) of FFDCA. As such, the Agency has determined that this action
will not have a substantial direct effect on States or tribal
governments, on the relationship between the national government and
the States or tribal governments, or on the distribution of power and
responsibilities among the various levels of government or between the
Federal Government and Indian tribes. Thus, the Agency has determined
that Executive Order 13132, entitled Federalism (64 FR 43255, August
10, 1999) and Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (65 FR 67249, November 6,
2000) do not apply to this rule. In addition, This rule does not impose
any enforceable duty or contain any unfunded mandate as described under
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L.
104-4).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Pub. L. 104-113, section 12(d) (15 U.S.C. 272
note).

IX. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller

General of the United States. EPA will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of this final rule in the Federal Register. This
final rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: May 14, 2007.
Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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

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

0
2. Section 180.1206 is amended by designating the existing text as
paragraph (a) and by adding paragraph (b) to read as follows:

Sec.  180.1206  Aspergillus flavus AF36 on pistachio; exemption from
the requirement of a tolerance.

    (a) * * *
    (b) Apergillus flavus AF36 is temporarily exempt from the
requirement of a tolerance on pistachio when used in accordance with
the Experimental Use Permit 71693-EUP-1. This temporary exemption from
tolerance will expire on May 14, 2010.
[FR Doc. E7-9729 Filed 5-22-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register: September 9, 2010 (Volume 75, Number 174)]
[Rules and Regulations]
[Page 54770-54771]
[DOCID:fr09se10-4]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2010-0818]

Drawbridge Operation Regulations; Cape Fear River and Northeast
Cape Fear River, in Wilmington, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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

SUMMARY: The Commander, Fifth Coast Guard District, has issued a
temporary deviation from the regulations governing the operation of two
North Carolina Department of Transportation (NCDOT) drawbridges: The
Cape Fear River Memorial Bridge, across Cape Fear River, mile 26.8, and
the Isabel S. Holmes Bridge, across Northeast Cape Fear River, mile
1.0, both in Wilmington, NC, to accommodate River Fest 8K Run. The
deviation allows the bridges to remain in the closed position to
vessels.

DATES: This deviation is effective from 8 a.m. to 10 a.m. on October 3,
2010.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2010-0818 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0818 in the
``keyword'' box and then clicking ``Search''. They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590 between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Sandra S. Elliott, Bridge Management Specialist, Fifth
Coast Guard District; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:  The Cape Fear River Memorial Bridge, a
vertical lift drawbridge, has vertical clearances in full open and
closed positions to vessels of 135 feet and 65 feet above mean high
water (MHW), respectively. The Isabel S. Holmes Bridge, across
Northeast Cape Fear River, mile 1.0, a bascule lift bridge, has a
vertical clearance in the closed position to vessels of 40 feet above
MHW.
    The North Carolina Department of Transportation, owner of the
drawbridges, has requested a temporary deviation from the current
operating regulations of the aforementioned bridges set out in 33 CFR
117.5, 117.823 and 117.829(a), respectively, to accommodate the River
Fest 8K Run scheduled for Sunday, October 3, 2010, from 8 a.m. to 10
a.m.
    Under this deviation, the drawbridges will be allowed to remain in
the closed-to-navigation position from 8 a.m. to 10 a.m. on Sunday,
October 3, 2010 to accommodate the River Fest 8K Run.
    The Coast Guard will inform the users of the waterways through our
Local and Broadcast Notices to mariners of the closure period for the
bridges so that vessels can arrange their transits and to minimize any
impact caused by the temporary deviation. There are no alternate routes
for vessels transiting these sections of the Cape Fear and Northeast
Cape Fear Rivers and the drawbridges will be able to open in the event
of an emergency.
    In accordance with 33 CFR 117.35(e), the drawbridges must return to
their regular operating schedules immediately at the end of the

designated time period. This deviation from the operation regulations
is authorized under CFR 117.35.

    Dated: August 27, 2010.
Waverly W. Gregory Jr.,
Chief, Bridge Administration Branch, Fifth Coast Guard District.
[FR Doc. 2010-22415 Filed 9-8-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: August 19, 2010 (Volume 75, Number 160)]
[Notices]
[Page 51267-51268]
[DOCID:fr19au10-48]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9191-2]

Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed consent decree; request for public comment.

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

SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``CAA'' or the ``Act''), 42 U.S.C. 7413(g), notice is hereby
given of a proposed consent decree to address a lawsuit filed by
American Bottom Conservancy in the United States District Court for the
Southern District of Illinois: American Bottom Conservancy v. Jackson,
No. 10-292-GPM (S.D. IL). Plaintiff filed a deadline suit to compel the
Administrator to respond to an administrative petition seeking EPA's
objection to a CAA Title V operating permit issued by the Illinois
Environmental Protection Agency to U.S. Steel Corporation's Granite
City Works facility. Under the terms of the proposed consent decree,
EPA has agreed to respond to the petition by December 17, 2010, or
within 30 days of the entry date of this Consent Decree, whichever is
later.

DATES: Written comments on the proposed consent decree must be received
by September 20, 2010.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2010-0679, online at http://www.regulations.gov (EPA's preferred
method); by e-mail to<EMAIL_ADDRESS>by mail to EPA Docket Center,
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Word or ASCII file, avoiding the use of special characters
and any form of encryption, and may be mailed to the mailing address
above.

FOR FURTHER INFORMATION CONTACT: Gautam Srinivasan, Air and Radiation
Law Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone:<PHONE_NUMBER>; fax number<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    This proposed consent decree would resolve a lawsuit alleging that
the Administrator failed to perform a nondiscretionary duty to grant or
deny, within 60 days of submission, an administrative petition to
object to a CAA Title V permit issued by the Illinois Environmental
Protection Agency to U.S. Steel Corporation's Granite City Works
facility. Under the terms of the proposed consent decree, EPA has
agreed to respond to the petition by December 17, 2010, or within 30
days of the entry date of this Consent Decree, whichever is later. The
proposed consent decree further states that EPA shall expeditiously
deliver notice of such action on the permit to the Office of the
Federal Register for prompt publication and, if EPA's response contains
an objection in whole or in part, transmit within 15 business days
following signature the response to the Illinois Environmental
Protection Agency. In addition, the proposed consent decree sets the
attorneys' fees at $3,840.00, and states that, after EPA fulfills its
obligations under the decree, the case shall be dismissed with
prejudice.
    For a period of thirty (30) days following the date of publication
of this notice, the Agency will accept written comments relating to the
proposed consent decree from persons who were not named as parties or
intervenors to the litigation in question. EPA or the Department of
Justice may withdraw or withhold consent to the proposed consent decree
if the comments disclose facts or considerations that indicate that
such consent is inappropriate, improper, inadequate, or inconsistent
with the requirements of the Act. Unless EPA or the Department of
Justice determines that consent to this consent decree should be
withdrawn, the terms of the decree will be affirmed.

II. Additional Information About Commenting on the Proposed Consent
Decree

A. How can I get a copy of the consent decree?

    The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2010-0679) contains a copy of the proposed consent
decree. The official public docket is available for public viewing at
the Office of Environmental Information (OEI) Docket in the EPA Docket
Center, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington,
DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OEI Docket is<PHONE_NUMBER>.
    An electronic version of the public docket is available through
http://www.regulations.gov. You may use the http://www.regulations.gov
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. Once in the
system, key in the appropriate docket identification number then select
``search''.
    It is important to note that EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing online at http://www.regulations.gov without change,
unless the comment contains copyrighted material, CBI, or other
information whose disclosure is restricted by statute. Information
claimed as CBI and other information whose disclosure is restricted by
statute is not included in the official public docket or in the
electronic public docket. EPA's policy is that copyrighted material,
including copyrighted material contained in a public comment, will not
be placed in EPA's electronic public docket but will be available only
in printed, paper form in the official public docket. Although not all
docket materials may be available electronically, you may still access
any of the publicly available docket materials through the EPA Docket
Center.

B. How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an e-mail address or other
contact information in the body of your comment and with any disk or CD
ROM you submit. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. Any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
    Use of the http://www.regulations.gov Web site to submit comments
to EPA electronically is EPA's preferred method for receiving comments.
The electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, e-mail address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(e-mail) system is not an ``anonymous access'' system. If you send an
e-mail comment directly to the Docket without going through http://
www.regulations.gov, your e-mail address is automatically captured and
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.

    Dated: August 13, 2010.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. 2010-20579 Filed 8-18-10; 8:45 am]
BILLING CODE 6560-50-P


Supporting Statement for an Information Collection Request (ICR)
Under the Paperwork Reduction Act (PRA)
EXECUTIVE SUMMARY
Identification of the Information Collection  -  Title and Numbers
Title:
Pesticides; Certification of Pesticide Applicators; Final Rule [RIN 2070-AJ20]
EPA ICR No.:
2499.03
OMB Control No.:
2070-0196
Docket ID No.:
EPA-HQ-OPP-2021-0287
Please note that this ICR, apart from this paragraph and minor adjustments, is the same as that which is currently approved. EPA is only adjusting the burden in accordance to the latest labor wage rates provided by the Bureau of Labor Statistics
Abstract
This Information Collection Request (ICR) amendment covers the revisions from a final rule to the "Certification of Pesticide Applicators" (Certification rule) at 40 Code of Federal Regulations (CFR) Part 171, which regulates the certification of applicators of restricted use pesticides (RUPs). This ICR estimates the incremental burden of revised requirements applicable under the Paperwork Reduction Act (PRA), that are not already included in the ICR "Certification of Pesticide Applicators" (Attachment A) covering 40 CFR Part 171 prior to the new final rule. That ICR, which this ICR amends, was currently-approved by the Office of Management and Budget (OMB) at the time this ICR was submitted to OMB with the final rule, and is termed the "existing ICR" in this document.
The existing regulation (prior to the new final rule) has provisions for states, the District of Columbia (D.C.), tribes, territories, and federal agencies that wish to certify applicators to use RUPs, to submit certification plans to the U.S. Environmental Protection Agency (EPA, or the Agency) for review and approval, and requirements to report specific information related to applicator certification activities annually. The regulation has standards of competency for persons who are certified to apply RUPs, as well as requirements related to noncertified applicators who apply RUPs under the direct supervision of certified applicators. In addition, it already requires pesticide retail dealers to maintain records of RUP sales in areas where the EPA administers an applicator certification program.
The final rule is intended to improve the competency of certified applicators of RUPs and noncertified applicators who apply RUPs under the direct supervision of certified applicators. The final rule includes new and revised standards for certification for commercial and private applicators, provisions for recertification of applicators, and training for noncertified applicators applying RUPs under the supervision of certified applicators. The revisions also include changes to improve the clarity and organization of the rule and overall program operation. The proposed changes to the regulation are intended to ensure that all persons who use RUPs  -  i.e., private applicators, commercial applicators, and noncertified applicators using RUPs under the direct supervision of certified applicators  -  are competent to use RUPs in a manner that will not result in unreasonable adverse effects to themselves, others, or the environment.
This amendment ICR estimates the burden and costs of the final rule changes related to information collection and includes: training for noncertified applicators applying RUPs under the direct supervision of certified applicators, recordkeeping of the noncertified applicator training, recordkeeping of RUP sales by pesticide dealerships under certification programs not administered by the EPA, and burden to states, D.C., territories, tribes, and federal agencies to revise certification plans as needed to comply with the revised requirements.
The following sections provide a general overview of the paperwork requirements in the final rule; burden and cost estimates are found in question 12.
SUPPORTING STATEMENT
1. Explain the circumstances that make the collection of information necessary.
The EPA is responsible for the regulation of pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This responsibility includes protecting applicators, the public, and the environment from exposure to pesticides. FIFRA section 3(d) (Attachment B) sets out requirements for the classification of pesticides, including for restricted use. FIFRA section 11 (Attachment C) addresses certification of applicators. The existing regulation at 40 CFR Part 171, "Certification of Pesticide Applicators," (Attachment D) establishes the regulatory requirements for applicators of RUPs. RUPs are pesticides that the EPA classifies as restricted use because they may pose unreasonable adverse effects to human health or the environment without additional regulatory restrictions. To mitigate the risks of unreasonable adverse effects, RUPs must only be applied by applicators who have demonstrated a sufficient level of competency, as outlined in the regulations at 40 CFR part 171.
In accordance with FIFRA Section 25, the EPA issued a final rule to revise 40 CFR 171, to improve these protections.
RUP applicators, including certified applicators and noncertified applicators using RUPs under the direct supervision of certified applicators, may be exposed to a wide range of pesticides and pesticide residues, with different toxicities and risks, as part of their occupation. Such exposure can pose significant long- and short-term health risks. RUPs, in particular, pose risks of unreasonable adverse effects to the health of the applicators, bystanders, and the public, as well as to the environment, if not applied properly. There is strong general evidence that such risks can occur and that they can be reduced; the activities subject to this ICR are designed to help reduce these risks by ensuring the competency of applicators applying RUPs, thereby reducing exposure. Overall, the weight of evidence suggests that these revised paperwork activities included in the final rule should result in reduced incidents of negative effects from RUP exposure to applicators, the public, and the environment.
The final rule requires specific training for noncertified applicators on proper application of RUPs and how to protect themselves, their families, and the environment from RUP exposure. Without the required training, affected noncertified applicators may be unaware of the risks of pesticide exposure or how to protect themselves and others from RUP exposure. The final rule also requires that a commercial applicator supervising a noncertified applicator maintains records of the training provided. The training and recordkeeping are intended to improve protections for noncertified applicators, the public, and the environment.
The regulations are enforced by state agencies, D.C., tribes, and territories. The EPA has received feedback from our regulatory partners indicating difficulty enforcing some requirements, due primarily to a lack of records. Recordkeeping of training and RUP sales, required in the final rule, is designed to improve enforcement capability as a means of fostering compliance, thereby improving protections.
2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the Agency has made of the information received from the current collection.
Training of noncertified applicators is necessary to ensure that persons using RUPs under the direct supervision of certified applicators have received the proper instruction and are prepared adequately to use RUPs in a manner that should not cause unreasonable risk to human health or the environment. Records of this training, for applicators under the supervision of commercial applicators, should increase the likelihood of appropriate training occurring, thereby reducing misuse and exposure.
Dealer records of sales of RUPs are necessary to ensure that access to RUPs is limited to certified applicators. Recordkeeping of both training and sale of RUPs enhances the enforceability of these requirements.
State, D.C., tribal, territory, and federal agency certification plans and annually reported data related to applicator certification under these programs are used for several purposes. When a certification plan is created or modified, the EPA approves it when its review concludes that the plan satisfies the requirements for certification and recertification under 40 CFR part 171. When a state receives a request to issue a reciprocal certification based on a certification issued by another state, it may review the certification plan of the issuing state to ensure the standards for certification are sufficiently similar to its own to warrant granting the reciprocal certification. The annually reported data from state certification programs is used in a formula to appropriately distribute federal funding to states under the State and Tribal Assistance Grants program.
3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.
This information collection amendment applies to authorized agencies and individuals who are certified applicators or dealers of RUPs. The EPA does not require the submission of records kept by RUP dealers or commercial applicators, but rather requires that they furnish records for inspection and copying upon request. Authorized agencies have an obligation for a one-time submission to the EPA of updated certification plans. Agencies submit revised certification plans for review and approval using an electronic submission and reporting portal (Certification Plan and Reporting Database).
4. Describe efforts to identify duplication
The EPA is the only federal agency with the authority to certify applicators of RUPs. However, the United States Department of Agriculture (USDA) also has regulations that impact certified applicators. The records required by USDA under 7 CFR 110, "Recordkeeping on Restricted Use Pesticides by Certified Applicators; Surveys and Reports," are more specific than those required by the EPA under 40 CFR 171.
USDA's regulations require private applicators to maintain records regarding the application of RUPs. FIFRA prohibits the EPA from requiring private applicators to keep records or make reports, so there is no duplication of recordkeeping with regard to private applicators. Only the EPA requires recordkeeping for commercial applicators. The required recordkeeping for training of noncertified applicators only applies to commercial applicators. Consequently, no duplication of requirements exists.
The regulation provides for an exemption from the requirements of training for noncertified applicators using RUPs under the direct supervision of a certified applicator who have a currently valid training qualification as a handler under the Worker Protection Standard found in 40 CFR Part 170. Therefore, no duplication of training is imposed.
5. If the collection of information impacts small businesses or other small entities, describe the methods used to minimize burden.
Most affected entities (certified applicators, RUP dealers) are small entities. The information collected and the recordkeeping required is the minimum required by regulation and that is necessary to implement a successful certification program. The EPA believes that the records required of certified pesticide applicators and RUP dealers are minimal and would generally be kept by the affected entities for their own use even in the absence of this regulation.
6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.
Training for noncertified applicators is required annually under the final rule, as specified in 40 CFR 171. Recordkeeping of the training is only required once per event. Consequently, the possibility for less frequent recordkeeping does not exist under the proposed amendments. Less frequent training would increase risk of unreasonable adverse effects from RUP use.
States, D.C., tribes, territories, and federal agencies that currently have certification plans approved by the EPA (called "authorized agencies" in this ICR, and termed "certifying authorities" in the final rule) will be required to revise these certification plans to incorporate the final rule revisions. Current certification plans include plans from the 50 states, the District of Columbia, American Samoa, Cheyenne River Sioux, Guam, Commonwealth of the Northern Mariana Islands, Oglala Sioux, Republic of Palau, Shoshone-Bannock Three Affiliated Tribes, and U.S. Virgin Islands, as well as the U.S. Department of Defense, the U.S. Department of the Interior, the U.S. Department of Energy, the U.S. Department of Agriculture (USDA) (USDA, APHIS/PPQ, and USDA Forest Service). In addition, the Agency administers two Tribal certification plans (the Navajo Nation Certification Plan and the Federal Certification Plan for Indian Country). This submission is anticipated as a one-time event. As required under the existing regulation, an authorized agency that makes significant changes to its plan, separate and distinct from the changes to comply with the final rule, would be required to submit the revised plan to the EPA for approval.
7. Explain any special circumstances that require the collection to be conducted in a manner inconsistent with OMB guidelines.
This information collection adheres to OMB's guidelines at 5 CFR 1320.5(d).
8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken in response to the comments. Specifically address comments received on cost and hour burden. Describe efforts to consult with persons outside EPA to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or report.
2ndFRN
Pursuant to 5 CFR 1320.8(d), EPA published a notice in the Federal Register on June 30, 2021 (86 FR 34745; FRL-10022-67), announcing the planned renewal of this information collection activity, soliciting public comment on specific aspects of the ICR and providing a 60-day public comment period.
The EPA also consulted 3 stakeholders, specifically asking them for their assessment of the regulatory burden estimates expressed by the Agency in this ICR.
EPA consulted with the following entities and received 1 response:
 North Carolina Dept. of Agriculture and Consumer Services (Replied)
 Pennsylvania Dept. of Agriculture and Consumer Services
 Florida Dept of Agriculture and Consumer Services
The stakeholder commented that the overall information of the ICR is accurate apart from the burden in terms of the estimated labor wage rates in relation to most State wages who are doing the reporting for this ICR. The stakeholder also suggested reporting be done every 3 years instead of annually.
The Agency recognizes the comment was consistent with the assumptions in the ICR, except for the wage rate for state workers.  OPP uses a fully loaded wage rate, which includes overhead and benefits, so it may seem higher than a cash wage that people are more familiar with.  Further, OPP uses a single, national average for state wage rate, which may not represent specific state wage rates.
While the Agency heard the recommendation from the respondent to change the reporting timeline requirements, however annual reports are a requirement in the current rule. Until a change in rulemaking has been conducted, the frequency in reporting will remain the same annually.  The burden calculated and estimated by the Agency remains unchanged (Attachment F).
9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.
This question is not applicable to this ICR
10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.
The activities or records proposed in this information collection do not include any confidential business information (CBI) and will not involve any confidentiality concerns or information.
The Agency does not collect recordkeeping on the third-party training and RUP sales requirements. Further, this activity complies with the provisions of the Privacy Act of 1974 and OMB circular A-108.
11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private.
No information of a sensitive or private nature is requested in conjunction with these information collection activities, and these information collection activities comply with the provisions of the Privacy Act of 1974 and OMB Circular A-108, as amended, "Responsibilities for the Maintenance of Records about Individuals by Federal Agencies."
12. Provide estimates of the hour burden of the collection of information.
A full summary of all estimates of the respondent burden (hour and costs) and calculation is reflected in Attachment G. The total number of respondents affected by this ICR is 2,305,613.
     Table 1. Bottom Line Incremental Increase in Annual Burden and Cost to Respondents
Respondent
                              Total Burden Hours
                                Total Cost ($)
Rule Familiarization (Table 2)**
                                                                        457,094
                                                                    $30,822,280
Revision of State Certification Plans (Table 3a)**
                                                                        300,136
                                                                    $20,546,661
Revision of Other Authorized Agency Certification Plans  -  Federal Agencies, Territories and Tribes (Table 3b)**
                                                                          1,979
                                                                       $183,925
Noncertified Applicator Training and Recordkeeping  - Commercial Applicators (Table 4a)**
                                                                      1,367,957
                                                                    $47,991,940
Noncertified Applicator Training - Private Applicator (Table 4b)**
                                                                         56,183
                                                                     $3,704,492
RUP Sales Recordkeeping (Table 5)**
                                                                         97,500
                                                                     $4,812,600
 New Respondent Total
                                                                      2,280,849
                                                                   $108,061,898
*Estimates may not add due to rounding.
   **Table numbers are reflected from Attachment G
13. Provide an estimate for the total annual cost burden to respondents or recordkeepers resulting from the collection of information.
There are no operational and/or maintenance costs.
14. Provide estimates of annualized cost to the Federal government.
A full summary of all estimates of the respondent burden (hour and costs) and calculation is reflected in Attachment G.
     Table 2.  Bottom Line Agency Annual Burden and Cost Table
Agency
                              Total Burden Hours
                                Total Cost ($)
Agency Review and Approval of Certification Plans (Table 7a)**
                                                                          5,080
                                                                       $474,980
 EPA-Administered Plans Agency Plans (Table 7b)**
                                                                           157
                                                                        $14,673
Agency Total
                                                                          5,237
                                                                       $489,653
*Estimates may not add due to rounding.
**Table numbers are reflected from Attachment G

15. Explain the reasons for any program changes or adjustments reported in Items 13 (or 14) of OMB Form 83-I.
Since the Agency is renewing this ICR as is, the total estimated respondent burden for this renewal ICR remains the same at 2,280,849 hours. The only adjustments calculated is the cost in burden which is made to reflect the latest wage labor rates (BLS 2019). These changes are an adjustment.
16. For collections whose results will be published, outline the plans for tabulation and publication.
There is no set collection schedule for commercial applicators to create or check records of training of noncertified applicators they supervise, or dealers of RUPs to create records of sales. These records are created for each occurrence. Commercial applicators must generate, or verify the existence of, records of the training of noncertified applicators under their direct supervision immediately after training, or prior to each RUP use. These records are required to be maintained for 2 years from the date of an RUP application. Similarly, dealer records of RUP sales are required to be maintained for two years. Although the commercial applicator records and the RUP dealer records are maintained locally and are not required to be submitted to the EPA or the authorized agencies, they must be made available for the EPA or authorized agency officials upon request. Records collected may become part of an investigation or enforcement action.
Certification plans to meet the requirements as revised by the final rule are required to be submitted for review and approval by the Agency. Authorized agencies must submit plans for review and approval to the EPA within 3 years after the effective date of the final rule. All certification plans approved as of the effective date of the final rule will be valid until a revised plan is submitted to the EPA within the required 3-year period, the Agency subsequently makes a determination of its approval, and the authorized agency implements their approved plan, generally within another two years after EPA approval. This submission is anticipated as a one-time event, unless an authorized agency makes significant changes to their plan at another time. Significant changes to the plans must be approved by the Agency prior to making the changes.
17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons why display would be inappropriate.
This question not applicable to this ICR
18. Explain each exception to the certification statement identified in Item 19 of OMB Form 83-I.
EPA does not request an exception to the certification of this information collection.
SUPPLEMENTAL INFORMATION
The following paragraph is only relevant to certain types of ICRs.
The annual public burden for this collection of information is estimated to average 1,379,443.81hours per response over the three-year period. According to the Paperwork Reduction Act, "burden" means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. For this collection it includes the time needed to review and understand instructions; prepare and submit reports (including searching data sources); complete and review the collection of information; transmit the information; and keep records.
To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OPP-2021-0288, which is available at http://www.regulations.gov. This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select "search," then key in the Docket ID Number identified above.
You can also provide comments to the Office of Information and Regulatory Affairs, Office of Management and Budget via http://www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting ``Currently under 30-day Review -- Open for Public Comments'' or by using the search function.
All comments received by EPA will be included in the docket without change, including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI), or other information whose disclosure is restricted by statute. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute.
Please note that due to the public health concerns related to COVID-19, the EPA Docket Center (EPA/DC) and Reading Room is closed to visitors with limited exceptions. The staff continues to provide remote customer service via email, phone, and webform. For the latest status information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.
LIST OF ATTACHMENTS
The attachments listed below can be found in the docket for this ICR or by using the hyperlink that is provided in the list below. The docket for this ICR is accessible electronically through http://www.regulations.gov using Docket ID Number: EPA-HQ-OPPT-2021-0288.
Attachment
Description
                                       A
Existing ICR, "Certification of Pesticide Applicators" covering 40 CFR Part 171 prior to the new final rule (OMB No.: 2070-0029; EPA No.: 0155.12)  -  Available online at the Office of Management and Budget's RegInfo.gov website at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201502-2070-002
                                       B
7 U.S.C. 136a(d) - FIFRA Section 3(d)  -  Available at online at the US House of Representatives'
                                       C
7 U.S.C. 136i - FIFRA Section 11  -  Available at online at the US House of Representatives'
                                       D
40 CFR 171 - Certification of Pesticide Applicators  -  Available online at the National Archives and Records Administration's
                                       E
Wage Rate Tables (Authorized Agencies, Private Applicators, Commercial Applicators, RUP Dealers, State Government, Government and EPA) These tables are the source of wage rates used in this ICR amendment.  -  Available online in the public docket for the final rule: Certification of Pesticide Applicators Rule Revision (40 CFR 171), Docket ID: EPA-HQ-OPP-2021-0287 at www.regulations.gov
                                       F
Consultation Summary
                                       G
Summary of Respondent Burden  -  Hours and Costs


<!DOCTYPE HTML PUBLIC "-//-//W3C//DTD HTML 3.2//EN">

<META name="generator" content="PDFCreactiveX HTML Export">
<META name="creation-date" content="24/05/2008 06:14:21 ">
<TITLE></TITLE>


[Federal Register Volume 76, Number 224 (Monday, November 21, 2011)]
[Notices]
[Page 71961]
[FR Doc No: 2011-29935]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14246-000]

KC Hydro LLC of New Hampshire; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On August 8, 2011, KC Hydro LLC of New Hampshire 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
Manchester Goffs Falls Dam Hydropower Project (Goffs Falls Dam Project
or project) to be located on Great Cohas Brook, near the City of
Manchester, Hillsborough County, New Hampshire. 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) The
existing 150-foot-long, 19-foot-high Goffs Falls Dam, which is owned by
the City of Manchester and includes a 75-foot-long spillway; (2) an
existing 54 acre impoundment with 243 acre-feet of storage capacity at
the spillway crest elevation; (3) a newly constructed powerhouse; (4)
new electrical generating equipment with total hydraulic capacity of
246 cubic feet per second (cfs) and total installed generating capacity
of between 0.265 megawatts (MW) to .585 MW; (5) a 260-foot-long to
1,060-foot-long penstock; (6) rehabilitated intake gate structure and
trash racks; (7) a newly excavated 125-foot-long tailrace; (8) an
approximately 150-foot-long to 750-foot-long transmission line; and (9)
appurtenant facilities. The estimated annual generation of the Goffs
Falls Dam Project would be between 0.85 gigawatt-hours (GWH) to 1.85
GWH.
    Applicant Contact: Ms. Kelly Sackheim, Principal, KC Hydro LLC of
New Hampshire, 5096 Cocoa Palm Way, Fair Oaks, CA 95628; phone: (301)
401-5978.
    FERC Contact: John Ramer; phone:<PHONE_NUMBER>.
    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. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site 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>or toll free at 1-(866) 208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14246-000) in the docket number field to
access the document. For assistance, contact FERC Online Support.

    Dated: November 14, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-29935 Filed 11-18-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 48 (Monday, March 13, 2023)]
[Notices]
[Pages 15410-15412]
[FR Doc No: 2023-05051]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-1066]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Custom Device Reporting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
an opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(PRA), Federal Agencies are required to publish notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information, and
to allow 60 days for public comment in response to the notice. This
notice solicits comments on information collection associated with
annual reporting for custom devices.

DATES: Either electronic or written comments on the collection of
information must be submitted by May 12, 2023.

ADDRESSES: You may submit comments as follows. Please note that late,

untimely filed comments will not be considered. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of May 12, 2023. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are received on or before that date.

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2017-N-1066 for ``Agency Information Collection Activities;
Proposed Collection; Comment Request; Annual Reporting for Custom
Device Exemption.'' Received comments, those filed in a timely manner
(see ADDRESSES), will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

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

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

Custom Devices

OMB Control Number 0910-0767--Extension

    This information collection supports implementation of requirements
in section 520(b) of the Federal Food, Drug, and Cosmetic Act (FD&C
Act) (21 U.S.C. 360j(b), which governs custom devices. Custom devices
are exempt from premarket approval requirements provided certain
criteria is met. Agency regulations in 21 CFR 812.3 define a custom
device and regulations in 21 CFR 807.85 provide for custom device
exemptions. Section 520(b) also provides for the issuance of Agency
guidance. The guidance document entitled, ``Custom Device Exemption''
(September 2014), and available for download at https://www.fda.gov/media/89897/download, provides definitions of terms used in the custom
device exemption, explains how FDA interprets the ``5 units per year of
a particular device type'' language contained in section 520(b)(2)(B)
of the FD&C Act; describes what information should be submitted in a
Custom Device Annual Report (``annual report''); and provides
recommendations on how to submit an annual report for devices
distributed under the custom device exemption. Specifically, the
guidance

document instructs that Custom Device Annual Reports should be written
in English and explains that respondents should direct two copies,
including at least one hard copy, to:
    Attn: Custom Device Annual Report Submission Coordinator, Division
of Analysis and Program Operations, Office of Compliance, Center for
Devices and Radiological Health, U.S. Food and Drug Administration,
Bldg. 66, Rm. 2622, 10903 New Hampshire Ave., Silver Spring, MD 20993-
0002.
    Although the submission of Custom Device Annual Reports are not
required electronically, we strongly encourage submitting one of the
two required copies as an eCopy (i.e., a PDF file on a CD, DVD, or
flash drive). Technical instructions are also provided in the guidance
document entitled ``eCopy Program for Medical Device Submissions:
Guidance for Industry and Food and Drug Administration Staff'' (April
2020); available for download at http://www.fda.gov/downloads/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/UCM313794.pdf for more information about submitting an eCopy.
    We estimate the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                              Activity                                  Number of      responses per     Total annual    Average burden    Total hours
                                                                       respondents       respondent       responses       per response
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual reporting for custom devices under 520(b) of the FD&C Act...              34                1               34               40            1,360
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

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

    Dated: March 7, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-05051 Filed 3-10-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 84, Number 128 (Wednesday, July 3, 2019)]
[Notices]
[Pages 31871-31872]
[FR Doc No: 2019-14141]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-N-2809]

Patient Engagement Advisory Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing a
forthcoming public advisory committee meeting of the Patient Engagement
Advisory Committee (the Committee). The general function of the
Committee is to provide advice to the Commissioner, or designee, on
complex issues relating to medical devices, the regulation of devices,
and their use by patients. The meeting will be open to the public.

DATES: The meeting will be held on September 10, 2019, from 8 a.m. to
5:30 p.m.

ADDRESSES: Holiday Inn Gaithersburg, Two Montgomery Village Ave.,
Gaithersburg, MD 20879. The hotel's telephone number is<PHONE_NUMBER>;
additional information is available online at https://www.ihg.com/holidayinn/hotels/us/en/gaithersburg/wasrv/hoteldetail. Answers to
commonly asked questions including information regarding special
accommodations due to a disability, visitor parking, and transportation
may be accessed at: https://www.fda.gov/advisory-committees/about-advisory-committees/common-questions-and-answers-about-fda-advisory-committee-meetings.

FOR FURTHER INFORMATION CONTACT: Letise Williams, Center for Devices
and Radiological Health, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 66, Rm. 5441, Silver Spring, MD 20993-0002,
<EMAIL_ADDRESS>301-796-8398, or FDA Advisory Committee
Information Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC
area). A notice in the Federal Register about last minute modifications
that impact a previously announced advisory committee meeting cannot
always be published quickly

enough to provide timely notice. Therefore, you should always check the
Agency's website at https://www.fda.gov/advisory-committees and scroll
down to the appropriate advisory committee meeting link, or call the
advisory committee information line to learn about possible
modifications before coming to the meeting.

SUPPLEMENTARY INFORMATION:
    Agenda: On September 10, 2019, the Committee will discuss and make
recommendations on the topic ``Cybersecurity in Medical Devices:
Communication That Empowers Patients.'' Medical devices are
increasingly connected to the internet, hospital networks, and other
medical devices to provide features that improve healthcare and
increase the ability of healthcare providers to treat patients. These
same features may also increase cybersecurity risks. Preserving the
benefit of these devices requires continuous vigilance as well as
timely and effective communication to medical device users about
evolving cybersecurity risks. The recommendations provided by the
committee will address which factors should be considered by FDA and
industry when communicating cybersecurity risks to patients and to the
public, including but not limited to the content, phrasing, the methods
used to disseminate the message and the timing of that communication.
The recommendations will also address concerns patients have about
changes to their devices to reduce cybersecurity risks as well as the
role of other stakeholders such as healthcare providers in
communicating cybersecurity risks to patients. Additional information
about cybersecurity can be found at https://www.fda.gov/medical-devices/digital-health/cybersecurity.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its website prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's website after the meeting. Background material is
available at https://www.fda.gov/advisory-committees/committees-and-meeting-materials/patient-engagement-advisory-committee. Select the
link for the 2019 Meeting Materials.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the Committee.
Oral presentations from the public will be scheduled between
approximately 10:45 a.m. to 12:15 p.m. on September 10, 2019. Those
individuals interested in making formal oral presentations should
notify the contact person and submit a brief statement of the general
nature of the evidence or arguments they wish to present, the names and
addresses of proposed participants, and an indication of the
approximate time requested to make their presentation on or before July
22, 2019. Time allotted for each presentation may be limited. If the
number of registrants requesting to speak is greater than can be
reasonably accommodated during the scheduled open public hearing
session, FDA may conduct a lottery to determine the speakers for the
scheduled open public hearing session. The contact person will notify
interested persons regarding their request to speak by July 24, 2019.
Individuals who do not wish to speak at the open public hearing session
but would like their comments to be heard by the Committee may send
written submissions to the contact person on or before July 30, 2019.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a disability, please
contact Artair Mallett at<EMAIL_ADDRESS>or<PHONE_NUMBER>
at least 7 days in advance of the meeting.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our website at https://www.fda.gov/advisory-committees/about-advisory-committees/public-conduct-during-fda-advisory-committee-meetings for procedures on public conduct during
advisory committee meetings. Please be advised that, for the roundtable
portion of the meeting, FDA will prepare a summary of the discussion in
lieu of detailed transcripts.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: June 27, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-14141 Filed 7-2-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 80, Number 161 (Thursday, August 20, 2015)]
[Proposed Rules]
[Pages 50587-50588]
[FR Doc No: 2015-20555]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 1, 23, 25, 27, 29, 61, 91, 121, 125, 135

[Docket No. FAA-2013-0485; Notice No. 12-09B]
RIN 2120-AJ94

Revisions to Operational Requirements for the Use of Enhanced
Flight Vision Systems (EFVS) and to Pilot Compartment View Requirements
for Vision Systems; Reopening of Comment Period

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking; reopening of comment period.

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

SUMMARY: This action reopens the comment period for the regulatory
evaluation associated with the FAA's June 11, 2013 Notice of Proposed
Rulemaking (NPRM), Revisions to Operational Requirements for the Use of
Enhanced Flight Vision Systems (EFVS) and to Pilot Compartment View
Requirements for Vision Systems. The regulatory evaluation associated
with the NPRM was not posted to the docket prior to the close of the
comment period. Therefore, the FAA is reopening the comment period to
allow the public the opportunity to adequately analyze the full
regulatory evaluation for the NPRM. The FAA will accept comments on the
regulatory evaluation only; and not on the regulatory changes proposed
in the NPRM.

DATES: The comment period for the NPRM published on June 11, 2013 (78
FR 34935) closed October 15, 2013, and is reopened until September 21,
2015.

ADDRESSES: You may send comments on the posted regulatory evaluation
identified by docket number FAA-2013-0485 using any of the following
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments 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.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the 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: Valentine Castaneda, ARM-104, Office
of Rulemaking, Federal Aviation Administration, 800 Independence Avenue
SW., Washington, DC 20591, telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: See the ``Additional Information'' section
for information on how to comment on this action and how the FAA will
handle comments received. The ``Additional Information'' section also
contains related information about the docket, privacy, and the
handling of proprietary or confidential business information. In
addition, there is information on obtaining copies of related
rulemaking documents.

Background

    On June 11, 2013, the FAA issued Notice No. 1209, entitled
``Revisions to Operational Requirements for the Use of Enhanced Flight
Vision Systems (EFVS) and to Pilot Compartment View Requirements for
Vision Systems,'' 78 FR 34935. The FAA requested that comments on that
proposal be received on or before September 9, 2013.
    Dassault Aviation submitted a request to extend the comment period
from September 9, 2013 to October 15, 2013 to allow adequate time to
analyze and provide comments on the NPRM, draft AC 90-106A, and draft
AC 20-167A, all of which are directly related to the proposed rule. On
September 6, 2013, the FAA published a notice in the Federal Register
extending the NPRM comment period to October 15, 2013 to coincide with
the close of the comment period for draft AC 90-106A and draft AC 20-
167A. 78 FR 54790.
    The regulatory evaluation associated with the NPRM was not posted
to the docket prior to the close of the comment period. Therefore, to
ensure that the public has the opportunity to provide comments
specifically on the regulatory evaluation posted in the docket (FAA-
2013-0485), the FAA is reopening the comment period for 30 days to
allow for comments on the regulatory evaluation only. The FAA will not
address comments on the NPRM because the comment period for the NPRM
closed on October 15, 2013.
    Accordingly, the comment period for Notice No. 12-09 is reopened
until September 21, 2015.

Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data or views. The most
helpful comments reference a specific portion of the regulatory
evaluation, explain the reasons for any recommended change, and include
supporting data. To ensure the docket does not contain duplicate
comments, commenters should send only one copy of written comments, or
if comments are filed electronically, commenters should submit only one
time.
    The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The FAA

will consider comments filed after the comment period has closed if it
is possible to do so without incurring expense or delay. The agency may
change this proposal in light of the comments it receives.

B. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from the
Internet by--
    1. Searching the Federal eRulemaking Portal (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 Publishing Office's Web page at http://www.gpo.gov/fdsys/.
    Copies may also be obtained 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>.
Commenters must identify the docket or notice number of this
rulemaking.
    All documents the FAA considered in developing this proposed rule,
including economic analyses and technical reports, may be accessed from
the Internet through the Federal eRulemaking Portal referenced in item
(1) above.

    Issued in Washington, DC, on August 14, 2015.
Lirio Liu,
Director, Office of Rulemaking.
[FR Doc. 2015-20555 Filed 8-19-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 86 (Monday, May 4, 2020)]
[Notices]
[Pages 26450-26451]
[FR Doc No: 2020-09433]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP20-193-000]

Gulf South Pipeline Company, LLC; Notice of Request Under Blanket
Authorization

    Take notice that on April 21, 2020, Gulf South Pipeline Company,
LLC (Gulf South), 9 Greenway Plaza, Suite 2800, Houston, Texas 77046,
filed in the above referenced docket a prior notice request pursuant to
sections 157.205 and 157.211(a)(2) of the Commission's regulations
under the Natural Gas Act (NGA) and its blanket certificate issued in
Docket No. CP82-430-000 for authorization to establish a new delivery
point to serve Valentine Chemicals, LLC located on Gulf South's Index
273-3 in Lafourche Parish, Louisiana. The installation of this delivery
point will constitute a bypass of South Coast Gas Co., Inc., a local
distribution company currently serving Valentine Chemical. Gulf South
estimates the cost of the project to be approximately $50,000, all as
more fully set forth in the request which is on file with the
Commission and open to public inspection.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    Any questions regarding this application should be directed to Juan
Eligio, Jr., Supervisor of Regulatory Affairs, Gulf South Pipeline
Company, LLC, 9 Greenway Plaza, Suite 2800, Houston, Texas 77046, by
telephone at<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>    Any person or the Commission's staff may, within 60 days after
issuance of the instant notice by the Commission, file pursuant to Rule
214 of the Commission's Procedural Rules (18 CFR

385.214) a motion to intervene or notice of intervention and pursuant
to section 157.205 of the regulations under the NGA (18 CFR 157.205), a
protest to the request. If no protest is filed within the time allowed
therefore, the proposed activity shall be deemed to be authorized
effective the day after the time allowed for filing a protest. If a
protest is filed and not withdrawn within 30 days after the allowed
time for filing a protest, the instant request shall be treated as an
application for authorization pursuant to section 7 of the NGA.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the EA for this proposal. The filing of the EA in the Commission's
public record for this proceeding or the issuance of a Notice of
Schedule for Environmental Review will serve to notify federal and
state agencies of the timing for the completion of all necessary
reviews, and the subsequent need to complete all federal authorizations
within 90 days of the date of issuance of the Commission staff's EA.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list and will be
notified of any meetings associated with the Commission's environmental
review process. Environmental commenters will not be required to serve
copies of filed documents on all other parties. However, the non-party
commenters will not receive copies of all documents filed by other
parties or issued by the Commission and will not have the right to seek
court review of the Commission's final order.
    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 3 copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426.

    Dated: April 28, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-09433 Filed 5-1-20; 8:45 am]
BILLING CODE 6717-01-P