Page 1 of 9 Memorandum From: Jan Matuszko USEPA/ OW/ OST ph: ( 202) 566 1035 matuszko. jan@ epa. gov To: Public Record for the 2006 Effluent Guidelines Program Plan EPA Docket Number OW 2004 0032 ( www. epa. gov/ edockets/)

Date: August 11, 2005 Re: Photoprocessing 1.0 Introduction In 1997, EPA published a " Preliminary Data Summary for the Photoprocessing Industry ( 1997 PDS).

1.1 Industry Profile Photoprocessing includes facilities in SIC codes 7221, 7335, 7336, and 7384. The 1987 SIC Code Manual defines these SIC codes as follows:

7221: Establishments primarily engaged in still or video portrait photography for the general public. Included in this classification are school, home, and transient portrait photographers. Establishments primarily engaged in commercial photography are classified in Industry 7335; those primarily engaged in video tape production other than portrait are classified in Industry 7812; and those primarily engaged in film developing and/ or print processing for the trade or for the general public are classified in Industry 7384.

7335: Establishments engaged in providing commercial photography services for advertising agencies, publishers, and other business and industrial users. Establishments engaged in still and video portrait photography are classified in Industry 7221, and those primarily engaged in mapmaking are classified in Industry 7389. Establishments primarily engaged in medical photography are classified in Industry 8099. Establishments primarily engaged in producing commercial video tape or films are classified in Industry 7812.

7336: Establishments primarily engaged in providing commercial art or graphic design services for advertising agencies, publishers, and other business and Page 2 of 9 industrial users. Producers of still and slide films are classified here. Establishments primarily engaged in art, except commercial and medical art, are classified in Industry 8999; those engaged in medical art are classified in Industry 8099; and those providing drafting services are classified in Industry 7389.

7384: Establishments primarily engaged in developing film and photographic prints and enlargements. Data for retail outlets ( kiosks), which are owned and operated by photo finishing laboratories for the pickup and delivery of film, are merged with data for the laboratory which owns them and are not treated as separate establishments. Establishments primarily engaged in processing motion picture and video film for the motion picture and television industries are classified in Industry 7819.

Table 1 1 presents facility counts for the Photoprocessing Category from the U. S. Census and the 1997 PDS.

Table 1 1. Census and 1997 PDS Data SIC Code NAICS Code Number of Establishments1 Number of Establishments2 As Primary Business As Primary or Secondary Business 1997 2002 7221: Photographic Studios, Portrait 541921: Photographic Studios, Portrait 27,607 32,184 13,245 14,587 7335: Commercial Photography 541922: Commercial Photography ( except medical photography) 14,845 18,414 4,298 4,255 7336: Commercial Art and Graphic Design 541430: Graphic design services 31,476 37,264 14,582 15,828 7384: Photofinishing Laboratories 812921: Photofinishing laboratories ( except one hour) 10,430 13,171 7,055 4,723 812922: One hour photofinishing Total 84,358 101,033 39,180 39,393 Sources:

1. 1997 U. S. EPA Photoprocessing Industry PDS 2. U. S. Census Bureau.

No facilities reported to TRI in 2000, and one facility, USGS  EROS DATA CENTER in Sioux Falls, has data in the 2000 PCS. Table 1 2 lists the facility data available in the 2000 TRI and PCS. In addition, the 1997 PDS indicates that the majority of photoprocessing facilities are small in size ( less than ten employees), which exempts them from TRI reporting. Page 3 of 9 Table 1 2. Facility Counts in TRI SIC Code Number of Facilities Reporting to 2000 TRI Number of Facilities Reporting to PCS 2000 Direct Indirect Both No Reported Discharge Direct ( Major)

7221 0 0 0 0 0 7335 0 0 0 0 0 7336 0 0 0 0 0 7384 0 0 0 0 1 Source: PCSLoads2000 and TRIReleases2000.

1.2 Wastewater Characteristics For 2000, no TRI data are available, and PCS contains discharge information for a single facility. There is no central database containing information on indirect dischargers. However, the 1997 PDS provides information on wastewater sources and characterization. Table 1 3 summarizes photoprocessing wastewater streams and their major constituents.

Table 1 3. Aqueous Wastes from Photoprocessing Solution Constituents Prehardeners, Hardeners, and Prebaths Organic Chemicals Chromium Compounds Developers Organic Chemicals Stop Baths Organic Chemicals Ferricyanide Bleaches Ferricyanide Dichromate Bleaches Organic Chemicals Chromium Compounds Clearing Baths Organic Chemicals Fixing Baths Organic Chemicals Silver Thiocyanate Ammonium Compounds Sulfur Compounds Neutralizers Organic Chemicals Stablilizers Phosphate Page 4 of 9 Sound track Fixer or Redeveloper Organic Chemicals Ammonium Compouns Monobaths Organic Chemicals Source: 1997 U. S. EPA Preliminary Data Summary for the Photoprocessing Industry Process water used in photoprocessing consists of a) film and paper wash water; b) solution make up water; and 3) area and equipment wash water. According to the PDS, photoprocessors typically discharge less than 1,000 gallons of wastewater per day. The PDS also documents 296 million square feet of film and 4,130 million square feet of paper processed per year. Table 1 4 provides information on wastewater flows associated with this industry.

Table 1 4. Total U. S. Commercial Photoprocessing Wastewater Flow for 1994 Wastestream Flow Demands ( mL/ sq. ft) Total U. S. Flow ( MGal/ year)

1994 2003 Range Average Film Paper Film & Paper Film Paper Film & Paper Developer paper: 5 30 film: 15 100 paper: 17.5 film: 57.5 4.5 19.1

 4.3 15.4

Bleach 5 30 17.5   20.4   16.7 Fix 15 100 57.5   67.2   54.8 Bleach Fix 5 30 17.5   20.4   16.7 Stabilizer 10 30 20.0   23.4   19.1 Wash ( per tank) 200 1000 600.0   700.9   571.9 Total = Developer + Bleach + Fix + Stabilizer + Three Wash Tanks 2,258 1,843 Source: 1997 PDS and 2003 Photo Manufacturers Association.

1.3 Pollutant Loadings The PDS also provides an estimate of the pollutant loadings associated with this industry. For purposes of this evaluation, EPA assumed the same concentrations as the 1997 PDS ( except where noted for silver) and used the flows from Table 1 4 for 2003 flows. Table 1 5 summarizes the estimated pollutant loadings. As can be seen in Table 2 5, 99% of the toxic load associated with this industry is from silver. While the overall annual TWPE is 300,000, the TWPE per facility is less than 10. Page 5 of 9 Table 1 5. Pollutant Loadings Estimated for 1994 and 2003 Pollutants of Concern Concentration ( mg/ L) 3 Loads Before POTW Removal ( lbs/ year) TWF TWPE Before POTW % Removal ( lbs/ year) POTW % Removal4 Loads After POTW Removal ( lbs/ year) TWPE ( lbs/ year)

Range Average 1994 2003 1994 2003 % Data Source 1994 2003 1994 2003 Ammonia 20 300 160 3.02E+ 06 2.46E+ 06 0.0022 6,633 5,413 39% TRI table 1,839,156 1,500,947 4,046 3,302 Biochemical Oxygen Demand ( BOD) 200 3000 1600 3.02E+ 07 2.46E+ 07 NA NA NA NA NA NA NA NA NA Chemical Oxygen Demand ( COD) 400 5000 2700 5.09E+ 07 4.15E+ 07 NA NA NA NA NA NA NA NA NA Iron < 10 100 55 1.04E+ 06 8.46E+ 05 0.0056 5,804 4,737 83% CWT/ RREL 176,190 143,789 987 805 Silver ( ion; after recovery) 1,2 < 0.1 5 10 1.88E+ 05 1.54E+ 05 16.47 3,103,576 2,532,847 88% TRI table 22,085 18,024 363,739 296,850 Sulfates 50 250 150 2.83E+ 06 2.31E+ 06 5.60E 06 16 13 NA NA NA NA NA NA Thiosulfate 100 1000 550 1.04E+ 07 8.46E+ 06 NA NA NA NA NA NA NA NA NA Total Dissolved Solids ( TDS) 300 3000 1650 3.11E+ 07 2.54E+ 07 NA NA NA NA NA NA NA NA NA Total Kjeldahl Nitrogen ( TKN) 30 350 190 3.58E+ 06 2.92E+ 06 NA NA NA 90% I& S/ Steel POTWs 358,032 292,192 NA NA Total Suspended Solids ( TSS) < 5 50 27 5.09E+ 05 4.15E+ 05 NA NA NA NA NA NA NA NA NA Zinc < 0.75 0.75 1.41E+ 04 1.15E+ 04 0.0051 NA NA 79% TRI table 2,948 2,406 15 12 Total 1.34E+ 08 1.09E+ 08 3,116,029 2,543,010 2,398,412 1,957,358 368,787 300,969 Source: 1997 Photoprocessing Industry PDS ( Orginial data source: 1994 WEF study)

Notes: NA = No TWF available and/ or no POTW percent removal available.

1. The value range < 0.1  5 is low compared to the concentration ranges presented in Table 7.3, for 95 percent silver recovery, combined wastestream ( combined with wash water), of 5 20 mg/ L. The value of 10 mg/ L has been taken to be more realistic.

2. The TWF value is for silver as taken from the TRIReleases2000. mdb database.

3. 2003 concentrations are assumed to be the same as 1994 concentrations. Concentration values from 1994 WEF study.

4. POTW removal values are from the TRI Calculations 2002 database, the POTW removals table, where available. Values were supplemented using POTW Removals from the CWT and Iron and Steel Rulemakings. Page 6 of 9 1.4 On Site Treatment Technologies and Pollution Prevention Activities The 1997 Preliminary Data Summary includes a detailed discussion of control and treatment technologies. These include source reduction, water reduction, and silver recovery technologies. Table 1 6, which is reproduced from the PDS, provides a comparison of various silver recovery and management systems. According to the PDS, silver recovery is almost always practiced to some extent. The most common methods are metallic replacement and electrolytic recovery.

Table 1 6. Silver Recovery Technologies Technology Advantages Disadvantages Metallic Replacement Can achieve 99% recovery;

Can be used for all silver rich solutions;

Low capital and operating and maintenance costs;

Simple operation Must be replaced on schedule;

Tendency to channel and cause concentrated silver discharge; efficiency diminishes with use;

High smelting and refining costs;

effluent not suitable for re use Electrolytic Recovery Can achieve 90% recovery;

No additional chemicals released; fix solution can be recycled;

Moderate capital costs Low refining costs Cannot achieve 5 mg/ L;

Not suitable for silver poor solutions Precipitation Can attain 0.1 mg/ L Little maintenance Low to moderate capital costs High smelting and refining costs;

complex operation;

operation costs vary from moderate to high;

treated solution not suitable for reuse Evaporation/ Distillation Can reduce wastes up to 90%

Virtually zero overflow of silver High energy requirements;

Moderate to high capital cost Reverse Osmosis Efficiently recovers silver from dilute silver wastestreams;

Reduces effluent volume significantly;

No water treatment chemicals required;

Purified water is recyclable Capital and O& M Costs vary significantly;

Frequent maintenance of membranes and pumps;

works best with dilute solutions 1.5 Code of Management Practice for Silver Dischargers ( Silver CMP) Page 7 of 9 Virtually all discharging photoprocessors discharge indirectly to POTWs. Many POTWs have stringent silver limits in their NPDES permits or need to reduce metals concentrations in biosolids. POTWs have identified photographic facilities as a whole as a major source of silver. In an attempt to provide photoprocessing facilities and POTWs with a cost effective alternative to numeric limits and monitoring, in 1997, AMSA, the Silver Council and two industry groups for the Photographic industry developed a " Code of Management Practices for Silver Dischargers" ( Silver CMP). The Silver CMP provides recommendations on control technologies and management practices for controlling silver discharges to POTWs, and encourages pollution prevention technologies such as water conservation. The recommended practices are defined by a minimum recovery of silver from silver rich processing solutions ( e. g. 90%, 95%, and 99%). The minimum recovery and recommended practices vary with the size of the photoprocessor, defined by flow volume of silver rich solution and wash water. Four POTWs documented loadings reductions of 20% to 52% over historical baselines after CMP implementation.

1.6 Multimedia Environmental Releases In addition to silver laden wastewater, photoprocessors generate solid and hazardous waste. Sludge from photoprocessing silver recovery is usually contract hauled as hazardous waste ( D011) ( RCRA In Focus). Photoprocessors may also generate hazardous waste from acid regenerants, system cleaners, and photographic activators ( D002), dichromate based cleaners ( D007).

1.7 Industry Trends The use of digital photography and digital printing increased in the U. S. from 2002 to 2004. In 2002, digital cameras were owned by 18 percent of adults ( Market Research). In 2003, digital cameras were owned in 30  50 percent of U. S. households ( Photo Industry Reporter). In 2004, shipments of digital still cameras in the U. S. grew by roughly 30 percent ( Business Week Online), indicating digital camera use in 60  80 percent of U. S. households. Digital photography should decrease the discharge of silver laden wastewater associated with silver halide printing.

Contrarily, pictures from digital cameras can still be printed using silver halide technology, for better quality. Although this is not currently an identified trend, film manufacturers have incentive to establish this trend, to keep their part of the market share ( Business Week Online).

1.8 References Association of Metropolitan Sewerage Agency ( AMSA) and the Silver Council. Code of Management Practices for Silver Dischargers. Available online at: http:// www. p2pays. org/ ref/ 02/ 01994. pdf. Accessed January 25, 2004. Page 8 of 9 Stice, Richard. Kodak's Many Negatives. Business Week Web Page. Available online at: http:// europe. businessweek. com/ investor/ content/ jan2005/ pi2005017_ 1178_ pi044. htm. Accessed January 25, 2004.

Docket OW 2003 0074 0742 pg 865 867.

Gemmell, Alison of CH2M Hill and Philip Lo of CSDLA. A Printing Pollution Prevention Opportunities Checklist. Enviro$ en$ e Web Page. January 8, 1996. Available online at: http:// es. epa. gov/ techinfo/ facts/ cheklst8. html. Cited from Natural Resources Defense Council Comments Attachments. Docket OW 2003 0074 0742 pg 863 864.

Illinois Waste Management and Resource Center. Printing Industry Pollution Prevention Notebook. 1977. Available online at: http:// www. wmrc. uiuc. edu/ main_ sections/ info_ services/ library_ docs/ manuals/ printing/ toc. htm. Accessed October 27, 2004.

. Accessed March 16,2004. Cited from Natural Resources Defense Council Comments Attachments. Docket OW 2003 0074 0742 pg 868 869.

Accessed March 16,2004. Cited from Natural Resources Defense Council Comments Attachments. Docket OW 2003 0074 0742 pg 870 873.

Accessed March 16,2004. Cited from Natural Resources Defense Council Comments Attachments. Docket OW 2003 0074 0742 pg 874 878.

Market Research Web Page. Cameras and Camcorders Market  US Report. Available online at: http:// www. marketresearch. com/ map/ prod/ 826065. html. Accessed January 25, 2004.

Photo Industry Reporter Web Page. Digital 2003: The Stats and Trends. Available online at: http:// www. photoreporter. com/ 2003/ 11 17/ features/ digital_ 2003. html. Accessed January 25, Page 9 of 9 2004.

Photo Marketers Association International Web Page. http:// www. pmai. org.

U. S. EPA Office of Solid Waste. RCRA In Focus  Photo Processing. 2000.

U. S. EPA Office of Water. Guidance Document for the Control of Water Pollution in the Photographic Processing Industry. April 1981. EPA 440/ 1 81/ 082 9.


[Federal Register: March 4, 2010 (Volume 75, Number 42)]
[Notices]
[Page 10016-10017]
[DOCID:fr04mr10-134]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2010-02]

Petition for Exemption; Summary of Petitions Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of two petitions seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petitions or their final disposition.

DATES: Comments on these petitions must identify the petition docket
number involved and must be received on or before March 24, 2010.

ADDRESSES: You may send comments identified by Docket Number FAA-2009-
1217 and FAA-2009-0966 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility 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.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to

http://www.regulations.gov at any time or to the Docket Management
Facility 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: Tyneka L. Thomas,<PHONE_NUMBER>, or
Ralen Gao,<PHONE_NUMBER>, Office of Rulemaking, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC on February 22, 2010.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.

Petitions for Exemption

    To assist the FAA in analysis of the safety impact of these
petitions, commenters should provide information and data that relate
to the equipment, procedural practices, alternatives, and aeromedical
factors involved in granting such an exemption. In particular, the FAA
is interested in receiving data and information relating to the
following issues:
     The risk of oxygen deficiency when operating at flight
altitudes above flight level 250.
     Aircraft vessel reliability.
     Human physiology.
     Life support equipment capabilities vs. aircraft operating
altitude performance capability.
     Crew emergency training and passenger protection.
     Potential failure modes that would require the use of
emergency breathing equipment.
     Human response times in the event of decompression.
    The FAA is also interested in receiving input on what alternative
actions could be taken that would provide an equivalent level of
safety.
    Docket No.: FAA-2009-1217.
    Petitioner: FedEx Express.
    Section of 14 CFR Affected: Sec.  121.333(c)(3).

Description of Relief Sought

    FedEx Express seeks an exemption from 14 CFR 121.333(c)(3) which
requires that if for any reason at any time it is necessary for one
pilot to leave his station at the controls of the airplane when
operating at flight altitudes above flight level 250, the remaining
pilot at the controls shall put on and use his oxygen mask until the
other pilot has returned to his duty station. An exemption would allow
one pilot to leave his or her station at the controls of the airplane
when operating at flight altitudes above flight level 250, while the
remaining pilot at the controls shall remove his or her oxygen mask
from the stowage unit and have it in his or her lap until the other
pilot has returned to his or her duty station. The petitioner believes
that granting this exemption will mitigate the potential exposure for
flight crewmembers to contract H1N1.
    Docket No.: FAA-2009-0966.
    Petitioner: FedEx Express and Air Line Pilots Association (ALPA).
    Section of 14 CFR Affected: Sec.  121.333(c)(3).

Description of Relief Sought

    FedEx Express and ALPA seeks temporary suspension of Section
121.333(c)(3) which would allow one pilot to leave his (her) station at
the controls of the airplane when operating at flight altitudes above
flight level 250.

[FR Doc. 2010-4497 Filed 3-3-10; 8:45 am]
BILLING CODE 4910-13-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on April 20, 2006

NOTICE OF ACTION TAKEN -- DOCKET OST-2005-21071

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  Iberia Líneas Aèreas de Espana, S.A. (“Iberia”)			Date
Filed:  April 4, 2006

Relief requested:  Renew exemption from 49 U.S.C. § 41301 to permit the
applicant to conduct scheduled, combination service between:  1) Spain
and San Juan, via New York; and 2) between Spain and San Juan, via
Miami.  Iberia will serve the New York-San Juan and Miami-San Juan
segments through a code-share arrangement with American Airlines, Inc.
(American)

If renewal, date and citation of last action:  May 6, 2005, in this
docket

Applicant representative:  William Karas & Carol Gosain<PHONE_NUMBER>

DOT Analyst:  Shelita A. Smith<PHONE_NUMBER>

Responsive pleadings:  None filed

DISPOSITION

Action:  Approved										Action date:  April 20, 2006

Effective dates of exemption authority granted:  April 20, 2006 –
April 20, 2007

Basis for approval (bilateral agreement/reciprocity): United
States-Spain Air Transport Services Agreement

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:

   X    Standard exemption conditions (attached)            X
Foreign air carrier permit   (Order 90-3-9)

Special conditions/Partial grant/Denial basis/Remarks:

Action taken by:  Paul L. Gretch, Director

		   Office of International Aviation

________________________________________________________________________
________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) the applicant is qualified to perform the
proposed operations; (2) our action was consistent with Department
policy; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied

all requests in the referenced Docket.  We may amend, modify, or revoke
the authority granted in this Notice at any time without hearing at our
discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR §
385.30, may file their petitions within seven (7) days after the date of
issuance of this Notice.  This action was effective when taken, and the
filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its International Principal Security Inspector (IPSI) to advise
the IPSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

05/2004


[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)]
[Notices]
[Pages 16497-16500]
[FR Doc No: 2015-07051]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0215]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to grant requests from 8
individuals for exemptions from the regulatory requirement that
interstate commercial motor vehicle (CMV) drivers have ``no established
medical history or clinical diagnosis of epilepsy or any other
condition which is likely to cause loss of consciousness or any loss of
ability to control a CMV.'' The regulation and the associated advisory
criteria published in the Code of Federal Regulations as the
``Instructions for Performing and Recording Physical Examinations''
have resulted in numerous drivers being prohibited from operating CMVs
in interstate commerce based on the fact that they have had one or more
seizures and are taking anti-seizure medication, rather than an
individual analysis of their circumstances by a qualified medical
examiner. The Agency concluded that granting exemptions for these CMV
drivers will provide a level of safety that is equivalent to or greater
than the level of safety maintained without the exemptions. FMCSA
grants exemptions that will allow these 8 individuals to operate CMVs
in interstate commerce for a 2-year period. The exemptions preempt
State laws and regulations and may be renewed.

DATES: The exemptions are effective March 27, 2015. The exemptions
expire on March 27, 2017.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director,
Office of Carrier, Driver and Vehicle Safety,<PHONE_NUMBER>,
<EMAIL_ADDRESS>

FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room
W64-224, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5
p.m., E.T., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

A. Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays.
    Privacy Act: 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 www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

B. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the safety regulations for a 2-year period if it finds ``such
exemption would likely achieve a level of safety that is equivalent to
or greater than the level that would be achieved absent such
exemption.'' The statute also allows the Agency to renew exemptions at
the end of the 2-year period.
    FMCSA grants 8 individuals an exemption from the regulatory
requirement in Sec.  391.41(b)(8), to allow these individuals who take
anti-seizure medication to operate CMVs in interstate commerce for a 2-
year period. The Agency's decision on these exemption applications is
based on an individualized assessment of each applicant's medical
information, including the root cause of the respective seizure(s), the
length of time elapsed since the individual's last seizure, and each
individual's treatment regimen. In addition, the Agency reviewed each
applicant's driving record found in the Commercial Driver's License
Information System (CDLIS) \1\ for commercial driver's license (CDL)
holders, and interstate and intrastate inspections recorded in Motor
Carrier Management Information System (MCMIS).\2\ For non-CDL holders,
the Agency reviewed the driving records from the State licensing
agency. The Agency acknowledges the potential consequences of a driver
experiencing a seizure while operating a CMV. However, the Agency
believes the drivers covered by the exemptions granted here have
demonstrated that they are unlikely to have a seizure and their medical
condition does not pose a risk to public safety.
---------------------------------------------------------------------------

    \1\ Commercial Driver's License Information System (CDLIS) is an
information system that allows the exchange of commercial driver
licensing information among all the States. CDLIS includes the
databases of fifty-one licensing jurisdictions and the CDLIS Central
Site, all connected by a telecommunications network.
    \2\ Motor Carrier Management Information System (MCMIS) is an
information system that captures data from field offices through
SAFETYNET, CAPRI, and other sources. It is a source for FMCSA
inspection, crash, compliance review, safety audit, and registration
data.
---------------------------------------------------------------------------

    In reaching the decision to grant these exemption requests, the
Agency considered both current medical literature and information and
the 2007 recommendations of the Agency's Medical Expert Panel (MEP).
The Agency previously gathered evidence for potential changes to the
regulation at 49 CFR 391.41(b)(8) by conducting a comprehensive review
of scientific literature that was compiled into the ``Evidence Report
on Seizure Disorders and Commercial Vehicle Driving'' (Evidence Report)
[CD-ROM HD TL230.3 .E95 2007]. The Agency then convened a panel of
medical experts in the field of neurology (the MEP) on May 14-15, 2007,
to review 49 CFR 391.41(b)(8) and the advisory criteria regarding
individuals who have experienced a seizure, and the 2007 Evidence
Report. The Evidence Report and the MEP recommendations are published
on-line at http://www.fmcsa.dot.gov/rules-regulations/topics/mep/mep-reports.htm, under Seizure Disorders, and are in the docket for this
notice.

MEP Criteria for Evaluation

    On October 15, 2007, the MEP issued the following recommended
criteria for evaluating whether an individual with epilepsy or a
seizure disorder should be allowed to operate a CMV.\3\ The MEP
recommendations are included in previously published dockets.
---------------------------------------------------------------------------

    \3\ Engel, J., Fisher, R.S., Krauss, G.L., Krumholz, A., and
Quigg, M.S., ``Expert Panel Recommendations: Seizure Disorders and
Commercial Motor Vehicle Driver Safety,'' FMCSA, October 15, 2007.
---------------------------------------------------------------------------

    Epilepsy diagnosis. If there is an epilepsy diagnosis, the
applicant should be seizure-free for 8 years, on or off medication. If
the individual is taking anti-seizure medication(s), the plan for
medication should be stable for 2 years. Stable means no changes in
medication, dosage, or frequency of medication administration.
Recertification for drivers with an epilepsy diagnosis should be
performed every year.
    Single unprovoked seizure. If there is a single unprovoked seizure
(i.e., there is no known trigger for the seizure), the individual
should be seizure-free for 4 years, on or off medication. If the
individual is taking anti-seizure medication(s), the plan for
medication should be stable for 2 years. Stable means no changes in
medication, dosage, or frequency of medication administration.
Recertification for drivers with a single unprovoked seizure should be
performed every 2 years.
    Single provoked seizure. If there is a single provoked seizure
(i.e., there is a known reason for the seizure), the Agency should
consider specific criteria that fall into the following two categories:
Low-risk factors for recurrence and moderate-to-high risk factors for
recurrence.
     Examples of low-risk factors for recurrence include
seizures that were caused by a medication; by non-penetrating head
injury with loss of consciousness less than or equal to 30 minutes; by
a brief loss of consciousness not likely to recur while driving; by
metabolic derangement not likely to recur; and by alcohol or illicit
drug withdrawal.
     Examples of moderate-to-high-risk factors for recurrence
include seizures caused by non-penetrating head injury with loss of
consciousness or amnesia greater than 30 minutes, or penetrating head
injury; intracerebral hemorrhage associated with a stroke or trauma;
infections; intracranial hemorrhage; post-operative complications from
brain surgery with significant brain hemorrhage; brain tumor; or
stroke.
    The MEP report indicates individuals with moderate to high-risk
conditions should not be certified. Drivers with a history of a single
provoked seizure with low risk factors for recurrence should be
recertified every year.

Medical Review Board Recommendations and Agency Decision

    FMCSA presented the MEP's findings and the Evidence Report to the
Medical Review Board (MRB) for consideration. The MRB reviewed and
considered the 2007 ``Seizure Disorders and Commercial Driver Safety''
evidence report and the 2007 MEP recommendations. The MRB recommended
maintaining the current advisory criteria, which provide that

``drivers with a history of epilepsy/seizures off anti-seizure
medication and seizure-free for 10 years may be qualified to drive a
CMV in interstate commerce. Interstate drivers with a history of a
single unprovoked seizure may be qualified to drive a CMV in interstate
commerce if seizure-free and off anti-seizure medication for a 5 year
period or more'' [Advisory criteria to 49 CFR 391.43(f)].
    The Agency acknowledges the MRB's position on the issue but
believes relevant current medical evidence supports a less conservative
approach. The medical advisory criteria for epilepsy and other seizure
or loss of consciousness episodes was based on the 1988 ``Conference on
Neurological Disorders and Commercial Drivers'' (NITS Accession No.
PB89-158950/AS). A copy of the report can be found in the docket
referenced in this notice.
    The MRB's recommendation treats all drivers who have experienced a
seizure the same, regardless of individual medical conditions and
circumstances. In addition, the recommendation to continue prohibiting
drivers who are taking anti-seizure medication from operating a CMV in
interstate commerce does not consider a driver's actual seizure history
and time since the last seizure. The Agency has decided to use the 2007
MEP recommendations as the basis for evaluating applications for an
exemption from the seizure regulation on an individual, case-by-case
basis.

C. Exemptions

    Following individualized assessments of the exemption applications,
including a review of detailed follow-up information requested from
each applicant, FMCSA is granting exemptions from 49 CFR 391.41(b)(8)
to 8 individuals. Under current FMCSA regulations, all of the 8 drivers
receiving exemptions from 49 CFR 391.41(b)(8) would have been
considered physically qualified to drive a CMV in interstate commerce
except that they presently take or have recently stopped taking anti-
seizure medication. For these 8 drivers, the primary obstacle to
medical qualification was the FMCSA Advisory Criteria for Medical
Examiners, based on the 1988 ``Conference on Neurological Disorders and
Commercial Drivers,'' stating that a driver should be off anti-seizure
medication in order to drive in interstate commerce. In fact, the
Advisory Criteria have little if anything to do with the actual risk of
a seizure and more to do with assumptions about individuals who are
taking anti-seizure medication.
    In addition to evaluating the medical status of each applicant,
FMCSA evaluated the crash and violation data for the 8 drivers, some of
whom currently drive a CMV in intrastate commerce. The CDLIS and MCMIS
were searched for crash and violation data on the 8 applicants. For
non-CDL holders, the Agency reviewed the driving records from the State
licensing agency.
    These exemptions are contingent on the driver maintaining a stable
treatment regimen and remaining seizure-free during the 2-year
exemption period. The exempted drivers must submit annual reports from
their treating physicians attesting to the stability of treatment and
that the driver has remained seizure-free. The driver must undergo an
annual medical examination by a medical examiner, as defined by 49 CFR
390.5, following the FCMSA's regulations for the physical
qualifications for CMV drivers.
    FMCSA published a notice of receipt of application and requested
public comment during a 30-day public comment period in a Federal
Register notice for each of the applicants. A short summary of the
applicants' qualifications and a discussion of the comments received,
if any, follows this section. For applicants who were denied an
exemption, a notice will be published at a later date.

D. Comments

Docket # FMCSA-2014-0215

    On September 9, 2014, FMCSA published a notice of receipt of
exemption applications and requested public comment on 12 individuals
(79 FR 53512; Docket number FMCSA-2014-21421). The comment period ended
on October 9, 2014. No commenters responded to this Federal Register
notice. Of the 12 applicants, four were denied. The Agency has
determined that the following eight applicants should be granted an
exemption.
Thomas Avery, Jr.
    Mr. Avery is a 45 year-old class B CDL holder in New York. He has a
history of seizure and has remained seizure free since 1998. He takes
anti-seizure medication with the dosage and frequency remaining the
same since that time. If granted an exemption, he would like to drive a
CMV. His physician states he is supportive of Mr. Avery receiving an
exemption.
Michael G. Berthiaume
    Mr. Berthiaume is a 54 year-old driver in Minnesota. He has a
history of seizure and has remained seizure free since 2006. He takes
anti-seizure medication with the dosage and frequency remaining the
same since November 2013. If granted an exemption, he would like to
drive a CMV. His physician states he is supportive of Mr. Berthiaume
receiving an exemption.
Leo Kurt Clemens
    Mr. Clemens is a 59 year-old class B CDL holder in Pennsylvania. He
has a history of seizure and has remained seizure free for more than 25
years. He takes anti-seizure medication with the dosage and frequency
remaining the same for 3 years. If granted the exemption, he would like
to drive a CMV. His physician states that he is supportive of Mr.
Clemens receiving an exemption.
Danny Lee Crafton
    Mr. Crafton is a 65 year-old class A CDL holder in Idaho. He has a
history of seizure and has remained seizure free since 1974. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2001. If granted the exemption, he would like to drive a
CMV. His physician states that he is supportive of Mr. Crafton
receiving an exemption.
Kenneth D. Peachey
    Mr. Peachey is a 72 year-old class A CDL holder in Pennsylvania. He
has a history of seizure and has remained seizure free since 1984. He
takes anti-seizure medication with the dosage and frequency remaining
the same since that time. If granted the exemption, he would like to
drive a CMV. His physician states that he is supportive of Mr. Peachey
receiving an exemption.
Philip Neil Stewart
    Mr. Stewart is a 43 year-old class A CDL holder in California. He
has a history of a seizure disorder and has remained seizure free for
30 years. He takes anti-seizure medication with the dosage and
frequency remaining the same for 15 years. If granted the exemption, he
would like to drive a CMV. His physician states that he is supportive
of Mr. Stewart receiving an exemption.
Keith T. White
    Mr. White is a 59 year-old class A CDL holder in Pennsylvania. He
has a history of seizure and has remained seizure free since 1994. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 2004. If granted the exemption, he would like to drive a
CMV. His physician states that he is supportive of Mr. White receiving
an exemption.

Alan T. Von Lintel
    Mr. Von Lintel is a 60 year-old driver in Kansas. He has a history
of a seizure disorder and has remained seizure free since 2004. He
takes anti-seizure medication with the dosage and frequency remaining
the same since July 2012. If granted the exemption, he would like to
drive a CMV. His physician states that he is supportive of Mr. Von
Lintel receiving an exemption.

E. Basis for Exemption

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the epilepsy/seizure standard in 49 CFR 391.41(b)(8) if the
exemption is likely to achieve an equivalent or greater level of safety
than would be achieved without the exemption. Without the exemption,
applicants will continue to be restricted to intrastate driving. With
the exemption, applicants can drive in interstate commerce. Thus, the
Agency's analysis focuses on whether an equal or greater level of
safety is likely to be achieved by permitting each of these drivers to
drive in interstate commerce as opposed to restricting the driver to
driving in intrastate commerce.

Conclusion

    The Agency is granting exemptions from the epilepsy standard, 49
CFR 391.41(b)(8), to 8 individuals based on a thorough evaluation of
each driver's safety experience, and medical condition. Safety analysis
of information relating to these 8 applicants meets the burden of
showing that granting the exemptions would achieve a level of safety
that is equivalent to or greater than the level that would be achieved
without the exemption. By granting the exemptions, the interstate CMV
industry will gain 8 highly trained and experienced drivers. In
accordance with 49 U.S.C. 31315(b)(1), each exemption will be valid for
2 years, with annual recertification required unless revoked earlier by
FMCSA. The exemption will be revoked if the following occurs: (1) The
person fails to comply with the terms and conditions of the exemption;
(2) the exemption has resulted in a lower level of safety than was
maintained prior to being granted; or (3) continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136 and 31315.
    FMCSA exempts the following 8 drivers for a period of 2 years with
annual medical certification required: Thomas Avery (NY); Michael
Berthiaume (MN); Leo Clemens (PA); Danny Grafton (ID); Kenneth Peachey
(PA); Philip Stewart (CA); Keith White (PA); and Alan Von Lintel (KS)
from the prohibition of CMV operations by persons with a clinical
diagnosis of epilepsy or seizures. If the exemption is still in effect
at the end of the 2-year period, the person may apply to FMCSA for a
renewal under procedures in effect at that time.

    Issued on: March 19, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-07051 Filed 3-26-15; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: April 9, 2008 (Volume 73, Number 69)]
[Notices]
[Page 19278]
[DOCID:fr09ap08-98]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2008-14]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before April 21, 2008.

ADDRESSES: You may send comments identified by Docket Number FAA-2008-
0332 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility 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.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility 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: Tyneka Thomas<PHONE_NUMBER> or
Laverne Brunache<PHONE_NUMBER>, Office of Rulemaking, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on April 3, 2008.
Eve Adams,
Acting Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2008-0332.
    Petitioner: Inter American University of Puerto Rico.
    Section of 14 CFR Affected: 14 CFR 61.129(a)(4) and part 141,
Appendix D, paragraph 5(a).
    Description of Relief Sought: To allow Inter American University of
Puerto Rico pilot candidates to satisfy the requirements of conducting
a cross-country solo flight by performing the duties of pilot-in-
command with an authorized instructor onboard.

[FR Doc. E8-7393 Filed 4-8-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 190 (Friday, September 30, 2011)]
[Notices]
[Page 60818]
[FR Doc No: 2011-25213]

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

Federal Energy Regulatory Commission

[Docket No. EL11-57-000]

Louisiana Public Service Commission v. Entergy Corporation,
Entergy Services, Inc., Entergy Louisiana, LLC, Entergy Arkansas, Inc.,
Entergy Mississippi, Inc., Entergy New Orleans, Inc., Entergy Gulf
States Louisiana, LLC, Entergy Texas, Inc.; Notice of Amended Complaint

    Take notice that on September 16, 2011, pursuant to sections 206
and 306 of the Federal Power Act 16 U.S.C. 824e and 825(e) and 18 CFR
386.206 of the Commission's Rules of Practice and Procedures, the
Louisiana Public Service Commission (Complainant) filed an amended and
supplemental complaint against Entergy Corporation, Entergy Services,
Inc., Entergy Louisiana, LLC, Entergy Arkansas, Inc., Entergy
Mississippi, Inc., Entergy New Orleans, Inc., Entergy Texas, Inc., and
Entergy Gulf States Louisiana, LLC (Respondents), seeking a remedy to
allocate and assign the Little Gypsy Repowering Project cancellation
costs among all the Entergy Operating Companies, based on their 12-
Coincident Peak demands at the time of the cancellation of the project
or, alternatively, to change the Entergy rough equalization bandwidth
formula found in Service Schedule MSS-3 of the Entergy System Agreement
to include the Little Gypsy Repowering Project cancellation costs.
    The Complainant certifies that copies of the complaint were served
on the contacts for Entergy Corporation, Entergy Services, Inc.,
Entergy Louisiana, LLC, Entergy Arkansas, Inc., Entergy Mississippi
Inc., Entergy New Orleans, Inc., Entergy Texas, Inc., and Entergy Gulf
States Louisiana, LLC, as listed on the Commission's list of Corporate
Officials.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on October 6, 2011.

    Dated: September 26, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-25213 Filed 9-29-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 196 (Wednesday, October 12, 2022)]
[Proposed Rules]
[Pages 61557-61558]
[FR Doc No: 2022-22079]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 152

[EPA-HQ-OPP-2019-0701; FRL-7542-04-OCSPP]
RIN 2070-AK56

Notification of Submission to the Secretary of Agriculture;
Pesticides; Addition of Chitosan (Including Chitosan Salts) to the List
of Active Ingredients Permitted in Exempted Minimum Risk Pesticide
Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification of submission to the Secretary of Agriculture.

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SUMMARY: This document notifies the public as required by the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) that the EPA
Administrator has forwarded to the Secretary of the United States
Department of Agriculture (USDA) a draft final rulemaking regulatory
document concerning ``Pesticides; Addition of Chitosan (Including
Chitosan Salts) to the List of Active Ingredients Permitted in Exempted
Minimum Risk Pesticide Products (RIN 2070-AK54).'' The draft regulatory
document is not available to the public until after it has been signed
and made available by EPA.

DATES: See Unit I. under SUPPLEMENTARY INFORMATION.

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2019-0701 is available at https://www.regulations.gov. That docket contains historical information and
this Federal Register document; it does not contain the draft final
rule. Additional instructions on visiting the docket, along with more
information about dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Sara Kemme, Mission Support Division
(7101M), Office of Program Support, Environmental Protection Agency,
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
(202) 566-1217; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. What action is EPA taking?

    FIFRA section 25(a)(2)(B) requires the EPA Administrator to provide
the Secretary of USDA with a copy of any draft final rule at least 30
days before signing it in final form for publication in the Federal
Register. The draft final rule is not available to the public until
after it has been signed by EPA. If the Secretary of USDA comments in
writing regarding the draft final rule within 15 days after receiving
it, then the EPA Administrator shall include the comments of the
Secretary of USDA and the EPA Administrator's response to those
comments with the final rule that publishes in the Federal Register. If
the Secretary of USDA does not comment in writing within 15 days after
receiving the draft final rule, then the EPA Administrator may sign the
final rule for publication in the Federal Register any time after the
15-day period.

II. Do any statutory and Executive Order reviews apply to this
notification?

    No. This document is merely a notification of submission to the
Secretary of USDA. As such, none of the regulatory assessment
requirements apply to this document.

List of Subjects in 40 CFR Part 152

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

    Dated: October 4, 2022.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2022-22079 Filed 10-11-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 248 (Thursday, December 30, 2021)]
[Notices]
[Pages 74411-74412]
[FR Doc No: 2021-28349]

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

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC22-26-000.
    Applicants: Liberty Utilities Co., Kentucky Power Company, AEP
Kentucky Transmission Company, Inc.
    Description: Joint Application for Authorization Under Section 203
of the Federal Power Act of Liberty Utilities Co, et al.
    Filed Date: 12/22/21.
    Accession Number: 20211222-5330.
    Comment Date: 5 p.m. ET 1/12/22.

    Docket Numbers: EC22-27-000.
    Applicants: FirstEnergy Corp.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act of FirstEnergy Corp.
    Filed Date: 12/22/21.
    Accession Number: 20211222-5332.
    Comment Date: 5 p.m. ET 1/12/22.

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

    Docket Numbers: EG22-33-000.
    Applicants: Mesa Wind Power LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Mesa Wind Power LLC.
    Filed Date: 12/22/21.
    Accession Number: 20211222-5195.
    Comment Date: 5 p.m. ET 1/12/22.

    Docket Numbers: EG22-34-000.
    Applicants: AM Wind Repower LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of AM Wind Repower LLC.
    Filed Date: 12/22/21.
    Accession Number: 20211222-5197.
    Comment Date: 5 p.m. ET 1/12/22.

    Docket Numbers: EG22-35-000.
    Applicants: Mulligan Solar, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Mulligan Solar, LLC.
    Filed Date: 12/23/21.
    Accession Number: 20211223-5045.
    Comment Date: 5 p.m. ET 1/13/22.

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

    Docket Numbers: ER11-3401-016; ER11-3576-017.
    Applicants: Golden Spread Electric Cooperative, Inc., Golden Spread
Panhandle Wind Ranch, LLC.
    Description: Triennial Market Power Analysis for Southwest Power
Pool Inc. Region of Golden Spread Panhandle Wind Ranch, LLC, et al.
    Filed Date: 12/22/21.
    Accession Number: 20211222-5273.
    Comment Date: 5 p.m. ET 2/21/22.

    Docket Numbers: ER20-1573-001.
    Applicants: DesertLink, LLC.
    Description: Compliance filing: DesertLinks Amended Order No. 864
Compliance Filing to be effective 1/27/2020.
    Filed Date: 12/23/21.
    Accession Number: 20211223-5078.
    Comment Date: 5 p.m. ET 1/13/22.

    Docket Numbers: ER21-331-003.
    Applicants: DDP Specialty Electronic Materials US, Inc.
    Description: Notice of Change in Status of DDP Specialty Electronic
Materials US, Inc.
    Filed Date: 12/22/21.
    Accession Number: 20211222-5223.
    Comment Date: 5 p.m. ET 1/12/22.

    Docket Numbers: ER22-716-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Notice of Cancellation of ISA, SA
No. 5527; NQ165 to be effective 3/1/2022.
    Filed Date: 12/22/21.
    Accession Number: 20211222-5198.
    Comment Date: 5 p.m. ET 1/12/22.

    Docket Numbers: ER22-717-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to SA No. 2864 RE:
V3-058/V3-059--Osprey (consent) to be effective 4/11/2011.
    Filed Date: 12/22/21.
    Accession Number: 20211222-5200.
    Comment Date: 5 p.m. ET 1/12/22.

    Docket Numbers: ER22-718-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, Service
Agreement No. 6256; Queue No. AE1-044 to be effective 11/23/2021.
    Filed Date: 12/22/21.
    Accession Number: 20211222-5211.
    Comment Date: 5 p.m. ET 1/12/22.

    Docket Numbers: ER22-719-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, Service
Agreement No. 6269; Queue No. AE2-059 to be effective 11/23/2021.
    Filed Date: 12/23/21.
    Accession Number: 20211223-5012.
    Comment Date: 5 p.m. ET 1/13/22.

    Docket Numbers: ER22-720-000.
    Applicants: ISO New England Inc., Eversource Energy Service Company
(as agent).
    Description: Sec.  205(d) Rate Filing: ISO New England Inc. submits
tariff filing per 35.13(a)(2)(iii: ISO-NE & Eversource; SGIA-ISONE/
NSTAR-021-01 & Cancel of SGIA-ISONE/NU-14-01 to be effective 11/23/
2021.
    Filed Date: 12/23/21.
    Accession Number: 20211223-5020.
    Comment Date: 5 p.m. ET 1/13/22.

    Docket Numbers: ER22-721-000.
    Applicants: Kennebec Lumber Company.
    Description: Baseline eTariff Filing: Application For Market Based
Rate Authority to be effective 1/1/2022.
    Filed Date: 12/23/21.
    Accession Number: 20211223-5052.
    Comment Date: 5 p.m. ET 1/13/22.

    Docket Numbers: ER22-722-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original WMPA, SA No. 6244;
Queue No. AG2-135 to be effective 11/23/2021.
    Filed Date: 12/23/21.
    Accession Number: 20211223-5062.
    Comment Date: 5 p.m. ET 1/13/22.

    Docket Numbers: ER22-723-000.
    Applicants: Buckeye Power, Inc., PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Buckeye Power, Inc. submits
tariff filing per 35.13(a)(2)(iii: Revised SA No. 4753--NITSA Among PJM
and Buckeye Power, Inc. to be effective 12/1/2021.
    Filed Date: 12/23/21.
    Accession Number: 20211223-5064.
    Comment Date: 5 p.m. ET 1/13/22.

    Docket Numbers: ER22-724-000
    Applicants: Southern California Edison Company.
    Description: Tariff Amendment: Termination of GIA & DSA Valencia
Energy Storage, LLC SA No. 1023-1024 WDT1294 to be effective 2/16/2022.
    Filed Date: 12/23/21.

    Accession Number: 20211223-5114.
    Comment Date: 5 p.m. ET 1/13/22.

    Docket Numbers: ER22-725-000.
    Applicants: Puget Sound Energy, Inc.
    Description: Sec.  205(d) Rate Filing: PSEM Transmission Service
Agreement to be effective 6/1/2019.
    Filed Date: 12/23/21.
    Accession Number: 20211223-5138.
    Comment Date: 5 p.m. ET 1/13/22.

    Docket Numbers: ER22-726-000.
    Applicants: Unitil Energy Systems, Inc.
    Description: Sec.  205(d) Rate Filing: Wheeling Agreement with
Briar Hydro Penacook Upper Falls to be effective 1/1/2022.
    Filed Date: 12/23/21.
    Accession Number: 20211223-5165.
    Comment Date: 5 p.m. ET 1/13/22.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: https://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: December 23, 2021.
Kimberly D. Bose,
Secretary.
 [FR Doc. 2021-28349 Filed 12-29-21; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: April 6, 2006 (Volume 71, Number 66)]
[Notices]
[Page 17466-17467]
[DOCID:fr06ap06-70]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application for Amendment of License and Soliciting
Comments, Motions To Intervene, and Protests

March 30, 2006.
    Take notice that the following application has been filed with the
Commission and is available for public inspection:
    a. Application Type: Non-Capacity Amendment of License.
    b. Project No.: 1904-042.
    c. Date Filed: March 1, 2006.
    d. Applicant: TransCanada Hydro Northeast, Inc.
    e. Name of Project: Vernon Hydroelectric Project.
    f. Location: The project is located on the Connecticut River, in
Cheshire County, New Hampshire and Windham County, Vermont.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: John Ragonese, FERC License Manager,
TransCanada Hydro Northeast, Inc., 4 Park Street, Suite 402, Concord,
New Hampshire 03301-6313, telephone:<PHONE_NUMBER>, fax: (603) 225-
3260.
    i. FERC Contact: Any questions on this notice should be addressed
to Mrs. Anumzziatta Purchiaroni at<PHONE_NUMBER>, or e-mail address:
<EMAIL_ADDRESS>
    j. Deadline for filing comments and/or motions: May 1, 2006.
    k. Description of Request: The licensee filed an amendment
application to replace the existing four 2.0-MW turbine generator units
with four new 4.0-MW units, instead of two 14.0-MW units, as approved
by a 1992 amendment order. The licensee indicates in the filing, that
the two 14-MW units were never installed at the project due to economic
factors. The proposed amendment would decrease the authorized installed
capacity of the project from 44.4 MW to 32.4 MW. The total hydraulic
capacity would decrease from 20,930 cfs to 17,130 cfs.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. Information about this filing
may also be viewed on the Commission's Web site at http://www.ferc.gov

using the ``eLibrary'' link. Enter the docket number excluding the last
three digits in the docket number field to access the document. You may
also register online at http://www.ferc.gov/docs-filing/esubscription.asp
 to be notified via e-mail of new filings and

issuances related to this or other pending projects. For assistance,
call 1-866-208-3676 or e-mail<EMAIL_ADDRESS>for TTY, call
(202) 502-8659. A copy is also available for inspection and
reproduction at the address in item (h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``RECOMMENDATIONS
FOR TERMS AND CONDITIONS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as
applicable, and the Project Number of the particular application to
which the filing refers. All documents (original and eight copies)
should be filed with: Magalie R. Salas, Secretary, Federal

Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426. A copy of any motion to intervene must also be served upon each
representative of the Applicant specified in the particular
application.
    p. Agency Comments: Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.
    q. Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site at http://www.ferc.gov

under the ``e-Filing'' link.

Magalie R. Salas,
Secretary.
[FR Doc. E6-4966 Filed 4-5-06; 8:45 am]

BILLING CODE 6717-01-P