[Federal Register Volume 87, Number 140 (Friday, July 22, 2022)]
[Rules and Regulations]
[Pages 43742-43744]
[FR Doc No: 2022-15565]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0616]
RIN 1625-AA00

Safety Zone; Fairport Harbor, Fairport, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of Fairport Harbor, OH. The safety zone is
necessary and intended to protect personnel, vessels, and the marine
environment from hazards created by shoaling in the area.

DATES: This rule is effective without actual notice July 22, 2022
through November 15, 2022. For enforcement purposes, actual notice will
be used from July 15, 2022, until July 22, 2022.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0616 in the ``SEARCH'' box and click ``SEARCH.'' Next, in the
Document Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Jared Stevens, Waterways Management Division, U.S.
Coast Guard; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard has learned that
significant shoaling has developed in the vicinity of the navigational
channel, and the nature and location of the shoaling presents an
imminent hazard to navigation. The safety zone must be established as
soon as possible for the safety of all personnel, vessels, and the
marine environment; thus, it is impracticable to publish an NPRM.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed in
order to mitigate the safety hazards associated with the shoaling in
Fairport Harbor.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231), 46 U.S.C 70051; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2. The Captain of the Port (COTP) Buffalo has
determined that the hazards associated with shoaling in Fairport
Harbor, OH are a safety concern for all marine traffic. This rule is
necessary to protect personnel, vessels, and the marine environment in
the navigable waters within the safety zone until dredging can be
completed in accordance with the U.S. Army Corps of Engineers' approved
project depth for the federally maintained sections of the waterway.

IV. Discussion of the Rule

    This rule establishes a safety zone for all federally maintained
waters of Fairport Harbor, OH. The duration of the safety zone is
intended to protect personnel, vessels, and the marine environment in
these navigable waters while the federally maintained channel is
dredged in accordance with the approved U.S. Army Corps of Engineers
federal project depths. All vessels are prohibited from transiting the
safety zone with an under keel clearance of less than one (1) foot and
six (6) inches. Every vessel's under keel clearance shall be verified
by the master prior to entry and departure from Fairport Harbor, OH.
Further, draft readings shall be documented and retained on board.
Additionally, vessels greater than 100 Gross Registered Tons shall not
meet or pass another vessel while navigating within the safety zone.
    The most recent U.S. Army Corps of Engineers project condition
surveys and hydrological surveys can be found on their website: https://www.lrb.usace.army.mil/Library/Maps-and-Charts/.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
location, and duration of the safety zone. Moreover, the Coast Guard
will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
regarding the safety zone, and this regulatory action allows vessel
traffic to transit within and around the safety zone under the
conditions outlined in this rulemaking.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions

concerning its provisions or options for compliance, please call or
email the person listed in the FOR FURTHER INFORMATION CONTACT section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting approximately 120 days, or until cancelled. This
rule requires all vessels to maintain a minimum of one (1) foot and six
(6) inches under keel clearance while transiting the safety zone. Every
vessel's under keel clearance shall be verified by the master prior to
entry and departure from Fairport Harbor, OH. Further, draft readings
shall be documented and retained on board. Additionally, vessels
greater than 100 Gross Registered Tons shall not meet or pass another
vessel while navigating within the safety zone. It is categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.

List of Subjects in 33 CFR Part 165

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

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

PART 165--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05, 6.04-1, 6.04-6,
and 160.5; Department of Homeland Security Delegation No. 00170.1,
Revision No. 01.2

0
2. Add Sec.  165.T09-0616 to read as follows:

Sec.  165.T09-0616   Fairport Harbor Shoaling, Fairport, OH.

    (a) Location. The following area is a safety zone: all federally
maintained waters within Fairport Harbor, OH.
    (b) Definitions. Official Patrol Vessel means a Coast Guard Patrol
Commander, including a Coast Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel and a Federal, State, and local
officer designated by or assisting the COTP Buffalo in the enforcement
of the regulations in this section.
    (c) Regulations. (1) All vessels are required to maintain a minimum
of one (1) foot and six (6) inches under keel clearance while
transiting the safety zone.
    (2) The under keel clearance shall be verified by the vessel's
master prior to entry and departure from Fairport Harbor, OH. Draft
readings and under keel clearance shall be documented and retained on
board, and be readily available for verification upon request by the
U.S. Coast Guard.
    (3) Vessels greater than 100 Gross Registered Tons shall not meet
nor pass another vessel while navigating within the safety zone.
    (4) The Coast Guard may patrol the safety zone under the direction
of a designated Coast Guard Patrol Commander. The Patrol Commander may
be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign
``PATCOM.''
    (5) No vessel shall anchor, block, loiter, or impede the through
transit of vessels in the regulated area during the effective dates and
times, unless cleared by or through an official patrol vessel. The
Patrol Commander may forbid and control the movement of all vessels in
the regulated area. When hailed or signaled by an official patrol
vessel, a vessel shall comply with the directions given. Failure to do
so may result in expulsion from the area, citation for failure to
comply, or both.
    (6) Any vessel may anchor outside the regulated areas specified in
this chapter, but may not anchor in, block, or loiter in a navigable
channel.
    (7) The Patrol Commander may terminate the operation of any vessel
at any time it is deemed necessary for the protection of life or
property.
    (8) The Patrol Commander will terminate enforcement of the special
regulations upon satisfactory completion of dredging operations in

consultation with U.S. Army Corps of Engineers and the COTP Buffalo.
    (d) Enforcement period. This safety zone will be enforced from July
15, 2022, until November 15, 2022.

    Dated: July 15, 2022.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2022-15565 Filed 7-21-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 12 (Thursday, January 18, 2018)]
[Notices]
[Pages 2713-2715]
[FR Doc No: 2018-00817]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Aviation Rulemaking Advisory Committee Mixed Phase and Ice
Crystal Icing Envelope (Deep Convective Clouds) Requirements--Revision
of Appendix D to 14 CFR Part 33--New Task

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of a new task assignment for the Aviation Rulemaking
Advisory Committee (ARAC) and solicitation of membership applicants.

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

SUMMARY: The FAA assigned the Aviation Rulemaking Advisory Committee
(ARAC) a new task to provide recommendations on ice crystal icing (ICI)
requirements. Because more extensive ICI data is available today, the
FAA needs to determine if current regulations accurately reflect the
existing ICI environment. This notice informs the public of the new
ARAC activity and solicits membership for the new Ice Crystal Icing
Working Group (ICIWG).

FOR FURTHER INFORMATION CONTACT: Alan Strom, Federal Aviation
Administration, Rulemaking and Policy Branch, AIR-6A1, Engine &
Propeller Standards Branch, Aircraft Certification Service, 1200
District Avenue, Burlington, MA 01803-9997, email [email protected],
phone<PHONE_NUMBER>, facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

ARAC Acceptance of Task

    At the September 14, 2017, ARAC meeting, the FAA assigned and ARAC
accepted this task. ARAC designated the task to the Transport Airplane
and Engine (TAE) Subcommittee to establish the ICIWG. The working group
will support the ARAC, through the TAE Subcommittee, and provide advice
and recommendations on the assigned task. The TAE Subcommittee will
send the recommendation report to the ARAC for review and acceptance.
After ARAC accepts the recommendation report, it will send the
recommendation report to the FAA.

Background

    The FAA established the ARAC to provide information, advice, and
recommendations on aviation related issues that could result in
rulemaking to the FAA Administrator, through the Associate
Administrator of Aviation Safety. This includes obtaining advice and
recommendations on the FAA's commitments to harmonize Title 14 of the
Code of Federal Regulations (14 CFR) with the European Aviation Safety
Agency (EASA).
    Amendment 33-34, published in the Federal Register (79 FR 65507,
November 4, 2014), revised airplane and engine certification
requirements in supercooled large drop, mixed phase, and ICI
conditions. Appendix D to part 33--Mixed Phase and ICI Envelope (Deep
Convective Clouds) was added to depict the ICI envelope derived from
adiabatic lapse calculations based on a theoretical atmospheric model.
The FAA adopted these requirements, in part, as a response to the
National Transportation Safety Board safety recommendations A-96-54 and
A-96-56. Since that time, the FAA in concert with other Federal
agencies, civil airworthiness agencies, and industry sponsored three
separate flight test campaigns to gather detailed ICI environmental
test data. This flight test data has enabled a more accurate
representation of ICI threat to aircraft turbojet, turbofan, and
turboprop engines encountered in service. The objective of the ARAC
task is to evaluate whether current engine or airplane air data probe
responses to ICI warrant the use of an environmental envelope different
from those existing in appendix D to part 33.

The Task

    The ICIWG will provide advice and recommendations to the ARAC
through the TAE Subcommittee on appendix D to part 33, and
harmonization of Sec.  33.68 Induction system icing requirements as
follows:
    1. Evaluate recent ICI environment data obtained from both
government and industry to determine whether flight testing data
supports the existing appendix D envelope.
    2. Evaluate the results carried out in task 1 and recommend changes
to the existing appendix D envelope, as applicable.
    3. Compare available service data on air data probes from both
government and industry probes on appendix D, including any changes
proposed in task 2. Determine whether engine or aircraft air data probe
responses warrant the use of a different environmental envelope from
those proposed in task 2, or to the existing appendix D envelope.
    4. Evaluate the results from task 3 and recommend ICI boundaries
relevant to aircraft and engine air data probes. If the working group
proposes a different envelope for aircraft and engine air data probes,
recommend if these should be included in the existing appendix D, or
create a new appendix to part 33.
    5. Identify non-harmonized FAA or EASA ICI regulations or guidance.
If the working group finds significant differences that impact safety,
propose changes to increase harmonization.
    6. Recommend changes to the advisory circular, AC 20-147A,
Turbojet, Turboprop, Turboshaft, and Turbofan Engine Induction System
Icing and Ice Ingestion, based on task 1 through 5 results.
    7. Assist the FAA in determining the initial qualitative and
quantitative costs, and benefits that may result from the working
group's recommendations.
    8. Develop a recommendations report containing the results of tasks
1 through 6. The report should document both majority and dissenting
positions on the findings, the rationale for each position, and reasons
for disagreement.

Schedule

    The recommendation report should be submitted to the FAA for review
and acceptance no later than 24 months from the first ICIWG meeting.
The ICIWG will remain in existence for 30 months from the first ICIWG
meeting.

Working Group Activity

    The ICIWG must comply with the procedures adopted by the ARAC as
follows:
    1. Conduct a review and analysis of the assigned tasks and any
other related materials or documents.
    2. Draft and submit a work plan for completion of the task,
including the rationale supporting such a plan for consideration by the
TAE Subcommittee.
    3. Provide a status report at each TAE Subcommittee meeting.
    4. Draft and submit the recommendation report based on the review
and analysis of the assigned tasks.
    5. Present the recommendation report at the TAE Subcommittee
meeting.

Roles and Responsibilities

    The ICIWG will be comprised of technical experts having an interest
in the assigned task. A working group member need not be a member
representative of the ARAC or the TAE Subcommittee. The FAA would like
a wide range of members to ensure all aspects of the tasks are
considered in development of the recommendations. The provisions of the
August 13, 2014, Office of Management and Budget guidance, ``Revised
Guidance on Appointment of Lobbyists to Federal Advisory Committees,
Boards, and Commissions'' (79 FR 47482), continues the ban on
registered lobbyists participating on Agency Boards and Commissions if
participating in their ``individual capacity.'' The revised guidance
now allows registered lobbyists to participate on Agency Boards and
Commissions in a ``representative capacity'' for the ``express purpose
of providing a committee with the views of a nongovernmental entity, a
recognizable group of persons or nongovernmental entities (an industry,
sector, labor unions, or environmental groups, etc.) or state or local
government.'' (For further information see Lobbying Disclosure Act of
1995 (LDA) as amended, 2 U.S.C 1603, 1604, and 1605.)
    If you wish to become a member of the ICIWG, write the person
listed under the caption FOR FURTHER INFORMATION CONTACT expressing
that desire. Describe your interest in the task and state the expertise
you would bring to the working group. The FAA must receive all requests
by February 20, 2018 The ARAC, through the TAE Subcommittee, and the
FAA will review the requests and advise you whether or not your request
is approved.
    The members of the ICIWG must actively participate in the working
group, attend all meetings, and provide written comments when
requested. The members must devote the resources necessary to support
the working group in meeting any assigned deadlines. Members must keep
management and those they may represent advised of working group
activities and decisions to ensure the proposed technical solutions do
not conflict with the position of those represented. Once the working
group has begun deliberations, members will not be added or substituted
without the approval of the ARAC Chair, the TAE Subcommittee Chair, the
Working Group Chair, and the FAA, including the Designated Federal
Officer.
    The Secretary of Transportation determined the formation and use of
the ARAC is necessary and in the public interest in connection with the
performance of duties imposed on the FAA by law.

Confidential Information

    All final work products submitted to ARAC are public documents.
Therefore,

it should not contain any non-public proprietary, privileged, business,
commercial, and other sensitive information (collectively, Confidential
Information) that the working group members would not want to be
publicly available. With respect to working groups, there may be
instances where members will share Commercial Information within the
working group for purposes of completing an assigned tasked. Members
must not disclose to any third party, or use for any purposes other
than the assigned task, any and all Confidential Information disclosed
to one party by the other party, without the prior written consent of
the party whose Confidential Information is being disclosed. All
parties must treat the Confidential Information of the disclosing party
as it would treat its own Confidential Information, but in no event
shall it use less than a reasonable degree of care. If any Confidential
Information is shared with the FAA representative on a working group,
it must be properly marked in accordance with the Office of Rulemaking
Committee Manual, ARM-001-15.

    Issued in Washington, DC, on January 11, 2018.
Lirio Liu,
Designated Federal Officer, Aviation Rulemaking Advisory Committee.
[FR Doc. 2018-00817 Filed 1-17-18; 8:45 am]
 BILLING CODE 4910-13-P


PART I. ADMINISTRATION OF THE GOVERNMENT

TITLE II. EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE

COMMONWEALTH

CHAPTER 10. DEPARTMENT OF THE STATE TREASURER

EMERGENCY FINANCE BOARD

Chapter 10: Section 61. Motor Vehicle Inspection Trust Fund

Section 61. There shall be established and set up on the books of the
commonwealth a separate fund to be known as the Motor Vehicle Inspection
Trust Fund. There shall be credited to said fund all monies received or
collected, including interest earned thereon, from that portion of the
fee owed to the commonwealth pursuant to the seventh paragraph of
section 7A of chapter 90 for a motor vehicle inspection. Amounts so
credited shall be received and held in trust by the commonwealth and
shall be expended, without further appropriation, solely for the
purposes of administration and implementation of the motor vehicle
inspection program established pursuant to said section 7A and sections
142J and 142M of chapter 111, including the direct personnel costs
associated with said inspection program. The fund may incur a negative
balance in anticipation of revenues to be received; provided, however,
that the fund shall be in balance by June 30, 2009, and shall be in
balance at the close of each fiscal year thereafter. All revenues
credited to and all expenditures made from said fund shall be reported,
by subsidiary, on the Massachusetts management accounting and reporting
system and all personnel compensated from said fund shall be recorded on
the human resources classification management system, so-called.

Appendix 6: Massachusetts IM Motor Vehicle Inspection Trust Fund
Legislation

MA SIP Revision, 310 CMR 60.02, the Massachusetts Motor Vehicle
Emissions Inspection and Maintenance Program.  Documentation of IM SIP
Revision consistent with 42 USC Section 7511a and Section 182 (c)(3)(A)
of the Clean Air Act


[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Notices]
[Page 40256]
[FR Doc No: 2023-13164]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER23-2133-000]

PGR 2022 Lessee 9, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
PGR 2022 Lessee 9, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is July 5, 2023.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    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://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. 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 the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: June 14, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-13164 Filed 6-20-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: August 24, 2006 (Volume 71, Number 164)]
[Notices]
[Page 50108]
[DOCID:fr24au06-85]

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

SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Filings and Information Services, Washington, DC
20549.

Extension: Rule 17Ad-15; SEC File No. 270-360; OMB Control No. 3235-
0409.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.

Rule 17Ad-15--Signature Guarantees

    Rule 17Ad-15 (17 CFR 240.17Ad-15) under the Securities Exchange Act
of 1934 (15 U.S.C. 78a et seq.) (the ``Act'') requires approximately
760 transfer agents to establish written standards for the acceptance
or rejection of guarantees of securities transfers from eligible
guarantor institutions. Transfer agents are required to establish
procedures to ensure that those standards are used by the transfer
agent to determine whether to accept or reject guarantees from eligible
guarantor institutions. Transfer agents must maintain, for a period of
three years following the date of a rejection of transfer, a record of
all transfers rejected, along with the reason for the rejection,
identification of the guarantor, and whether the guarantor failed to
meet the transfer agent's guarantee standard. These recordkeeping
requirements assist the Commission and other regulatory agencies with
monitoring transfer agents and ensuring compliance with the rule.
    There are approximately 760 registered transfer agents. The staff
estimates that every transfer agent will spend about 40 hours annually
to comply with Rule 17Ad-15. The total annual burden for all transfer
agents is 30,400 hours. The average cost per hour is approximately $50.
Therefore, the total cost of compliance for all transfer agents is
$1,520,000.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; (b) the accuracy of the agency's estimates of
the burden of the proposed collection of information; (c) ways to
enhance the quality, utility, and clarity of the information to be
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    Comments should be direct to: R. Corey Booth, Director/Chief
Information Officer, Securities and Exchange Commission, C/O Shirley
Martinson, 6432 General Green Way, Alexandria, Virginia 22312 or by
sending an e-mail to<EMAIL_ADDRESS>Comments must be submitted
to OMB within 60 days of this notice.

    Dated: August 16, 2006.
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E6-14023 Filed 8-23-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: May 3, 2006 (Volume 71, Number 85)]
[Rules and Regulations]
[Page 25935-25942]
[DOCID:fr03my06-10]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2006-0216; FRL-7770-8]

Dimethenamid-p; Pesticide Tolerances for Emergency Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes a time-limited tolerance for
residues of dimethenamid-p in or on squash, winter. This action is in
response to EPA's granting of an emergency exemption under section 18
of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
authorizing use of the pesticide on squash, winter. This regulation
establishes a maximum permissible level for residues of squash, winter.
The tolerance will expire and is revoked on June 30, 2009.

DATES: This regulation is effective May 3, 2006. Objections and
requests for hearings must be received on or before July 3, 2006.

ADDRESSES: To submit a written objection or hearing request follow the
detailed instructions as provided in Unit VII. of the SUPPLEMENTARY
INFORMATION. EPA has established a docket for this action under Docket
identification (ID) number EPA-HQ-OPP-2006-0216. All documents in the
docket are listed on the http://www.regulations.gov web site. EDOCKET, EPA's

electronic public docket and comment system was replaced on November
25, 2005, by an enchanced Federal-wide electronic docket management and
comment system located at http://www.regulations.gov. Follow the on-

line instructions. Although listed in the index, some information is
not publicly available, i.e., 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 either electronically in EDOCKET or in hard copy at the
Public Information and Records Integrity Branch (PIRIB), Rm. 119,
Crystal Mall 2, 1801 S. Bell St., Arlington, VA. This docket
facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The docket telephone number is (703) 305-
5805.
     Important Note: OPP will be moving to a new location the
first week of May 2006. As a result, from Friday, April 28 to Friday,
May 5, 2006, the OPP Regulatory Public Docket will NOT be accepting any
deliveries at the Crystal Mall 2 address and this facility
will be closed to the public. Beginning on May 8, 2006, the OPP
Regulatory Public Docket will reopen at 8:30 a.m. and deliveries will
be accepted in Rm. S-4400, One Potomac Yard (South Building), 2777 S.
Crystal Drive, Arlington, VA 22202. The mail code for the mailing
address will change to (7502P), but will otherwise remain the same. The
OPP Regulatory Public Docket telephone number and hours of operation
will remain the same after the move.

FOR FURTHER INFORMATION CONTACT: Shaja R. Brothers, Registration
Division (7505C), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

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

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

    In addition to using EDOCKET (http://www.epa.gov/edocket/), you may

access this Federal Register document electronically through the EPA
Internet under the ``Federal Register'' listings at http://www.epa.gov/fedrgstr/.
 A frequently updated electronic version of 40 CFR part 180

is available on E-CFR Beta Site Two at http://www.gpoaccess.gov/ecfr/.

II. Background and Statutory Findings

    EPA, on its own initiative, in accordance with sections 408(e)
and408(l)(6) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a, is establishing a time-limited tolerance for residues of
the herbicide dimethenamid-p, 1-(RS)-2-chloro-N-[(1-methyl-2-
methoxy)ethyl]-N-(2,4-dimethylthien-3-yl)-acetamide in or on squash,
winter at 0.01 parts per million (ppm). Dimethenamid-p is a 90:10, S:R
mixture of dimethenamid isomers, and is already included in the
existing tolerances codified at 40 CFR 180.464. This tolerance will
expire and is revoked on June 30, 2009. EPA will publish a document in
the Federal Register to remove the revoked tolerance from the Code of
Federal Regulations.
    Section 408(l)(6) of FFDCA requires EPA to establish a time-limited
tolerance or exemption from the requirement for a tolerance for
pesticide chemical residues in food that will result from the use of a
pesticide under an emergency exemption granted by EPA under section 18
of FIFRA. Such tolerances can be established without providing notice
or period for public comment. EPA does not intend for its actions on
section 18-related tolerances to set binding precedents for the
application of section 408 of FFDCA and the new safety standard to
other tolerances and exemptions. Section 408(e) of FFDCA allows EPA to
establish a tolerance or an exemption

from the requirement of a tolerance on its own initiative, i.e.,
without having received any petition from an outside party.
    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
..''
    Section 18 of FIFRA authorizes EPA to exempt any Federal or State
agency from any provision of FIFRA, if EPA determines that ``emergency
conditions exist which require such exemption.'' This provision was not
amended by the Food Quality Protection Act of 1996 (FQPA). EPA has
established regulations governing such emergency exemptions in 40 CFR
part 166.

III. Emergency Exemption for Dimethenamid-p on Squash, Winter and FFDCA
Tolerances

    Amiben (chlorambem) was the primary herbicide used in squash and
other cucurbits until 1991, when production of this herbicide ceased.
EPA did not revoke tolerances until 1999 to allow use of remaining
stocks. Growers began applying Amiben in banded strips over the crop
row, as the product was no longer available. By 2000, weed control had
become a major difficulty in squash.
    Winter squash grown in western Oregon is processed for both puree
and seeds. Confectionary seed production constitutes 70% to 90% of the
market, depending on the year. Seed yield has been dropping
precipitously during the last 5 years (2000-2004). Fruit yield for
puree has not changed dramatically, but is far short of the production
goals expected before amiben was removed from the market. Growers
typically expected 25 to 30 tons per acre, and in some cases yields
were as high as 35 tons per acre during the 1980's. In contrast, fruit/
puree yield during the 5-year period of 2000-2004 averaged only about
18 tons per acre. The production cost have risen over the last 5 years,
while the price paid per product has remained nearly constant.
Consequently, growers had cut back their acreage of winter squash
during 2000-2004 to well below 4,500 acres, solely due to the lack of
weed control and resulting yield/economic losses.
    EPA has authorized under FIFRA section 18 the use of dimethenamid-p
on squash, winter for control of nightshade and other summer weeds in
Oregon. After having reviewed the submission, EPA concurs that
emergency conditions exist for this State.
    As part of its assessment of this emergency exemption, EPA assessed
the potential risks presented by residues of dimethenamid-p in or on
squash, winter. In doing so, EPA considered the safety standard in
section 408(b)(2) of FFDCA, and EPA decided that the necessary
tolerance under section 408(l)(6) of FFDCA would be consistent with the
safety standard and with FIFRA section 18. Consistent with the need to
move quickly on the emergency exemption in order to address an urgent
non-routine situation and to ensure that the resulting food is safe and
lawful, EPA is issuing this tolerance without notice and opportunity
for public comment as provided in section 408(l)(6) of FFDCA. Although
this tolerance will expire and is revoked on June 30, 2009, under
section 408(l)(5) of FFDCA, residues of the pesticide not in excess of
the amounts specified in the tolerance remaining in or on squash,
winter after that date will not be unlawful, provided the pesticide is
applied in a manner that was lawful under FIFRA, and the residues do
not exceed a level that was authorized by this tolerance at the time of
that application. EPA will take action to revoke this tolerance earlier
if any experience with, scientific data on, or other relevant
information on this pesticide indicates that the residues are not safe.
    Because this tolerance is being approved under emergency
conditions, EPA has not made any decisions about whether dimethenamid-p
meets EPA's registration requirements for use on squash, winter or
whether a permanent tolerance for this use would be appropriate. Under
these circumstances, EPA does not believe that this tolerance serves as
a basis for registration of dimethenamid-p by a State for special local
needs under FIFRA section 24(c). Nor does this tolerance serve as the
basis for any State other than Oregon to use this pesticide on this
crop under section 18 of FIFRA without following all provisions of
EPA's regulations implementing FIFRA section 18 as identified in 40 CFR
part 166. For additional information regarding the emergency exemption
for dimethenamid-p, contact the Agency's Registration Division at the
address provided under FOR FURTHER INFORMATION CONTACT.

IV. Aggregate Risk Assessment and Determination of Safety

    EPA performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. For further discussion of the
regulatory requirements of section 408 of FFDCA and a complete
description of the risk assessment process, see the final rule on
Bifenthrin Pesticide Tolerances (62 FR 62961, November 26, 1997) (FRL-
5754-7).
    Consistent with section 408(b)(2)(D) of FFDCA, EPA has reviewed the
available scientific data and other relevant information in support of
this action. EPA has sufficient data to assess the hazards of
dimethenamid-p and to make a determination on aggregate exposure,
consistent with section 408(b)(2) of FFDCA, for a time-limited
tolerance for residues of dimethenamid-p in or on squash, winter at
0.01 ppm. EPA's assessment of the dietary exposures and risks
associated with establishing the tolerance follows.

A. Toxicological Endpoints

    The dose at which no adverse effects are observed (the NOAEL) from
the toxicology study identified as appropriate for use in risk
assessment is used to estimate the toxicological endpoint. However, the
lowest dose at which adverse effects of concern are identified (the
LOAEL) is sometimes used for risk assessment if no NOAEL was achieved
in the toxicology study selected. An uncertainty factor (UF) is applied
to reflect uncertainties inherent in the extrapolation from laboratory
animal data to humans and in the variations in sensitivity among
members of the human population as well as other unknowns. An UF of 100
is routinely used, 10X to account for inter-species differences and 10X
for intra-species differences. A 3X UF was added for short-term dermal
and inhalation exposure for S-dimethenamid-p due to the absence of a
maternal NOAEL, and a lower LOAEL in comparison to S-dimethenamid-RS
shown in the developmental toxicity study in rats.
    For dietary risk assessment (other than cancer) the Agency uses the
UF to calculate an acute or chronic reference dose (aRfD or cRfD) where
the RfD is

equal to the NOAEL divided by the appropriate UF (RfD = NOAEL/UF).
Where an additional safety factor is retained due to concerns unique to
FQPA, this additional factor is applied to the RfD by dividing the RfD
by such additional factor. The acute or chronic Population Adjusted
Dose (aPAD or cPAD) is a modification of the RfD to accommodate this
type of FQPA SF.
    For non-dietary risk assessments (other than cancer) the UF is used
to determine the level of concern (LOC). For example, when 100 is the
appropriate UF (10X to account for interspecies differences and 10X for
intraspecies differences) the LOC is 100. To estimate risk, a ratio of
the NOAEL to exposures (margin of exposure (MOE) = NOAEL/exposure) is
calculated and compared to the LOC.
    The linear default risk methodology (Q*) is the primary method
currently used by the Agency to quantify carcinogenic risk. The Q*
approach assumes that any amount of exposure will lead to some degree
of cancer risk. A Q* is calculated and used to estimate risk which
represents a probability of occurrence of additional cancer cases
(e.g., risk is expressed as 1 x 10-6 or one in a million).
Under certain specific circumstances, MOE calculations will be used for
the carcinogenic risk assessment. In this non-linear approach, a
``point of departure'' is identified below which carcinogenic effects
are not expected. The point of departure is typically a NOAEL based on
an endpoint related to cancer effects though it may be a different
value derived from the dose response curve. To estimate risk, a ratio
of the point of departure to exposure margin of exposure (MOE)
cancer = point of departure/exposures) is calculated.
    Much of the existing toxicological and residue chemistry data base
for dimethenamid is based on studies conducted with the racemic (50:50)
mixture of S and R isomers. EPA has previously concluded that the data
base is adequate for the risk assessment of both the racemic
dimethenamid and the 90:10, S:R dimethenamid-p in the Federal Register
of September 24, 2004 (69 FR 57197) (FRL-7680-1). A summary of the
toxicological endpoints for dimethenamid-p used for human risk
assessment is shown in the following Table 1:

    Table 1.--Summary of Toxicological Dose and Endpoints for Dimethenamid-p for Use in Human Risk Assessment
----------------------------------------------------------------------------------------------------------------
                                          Dose Used in Risk
                                             Assessment,          Special FQPA SF and
          Exposure/Scenario*                Interspecies,         Level of Concern for   Study and Toxicological
                                        Intraspecies, and any       Risk Assessment              Effects
                                            Traditional UF
----------------------------------------------------------------------------------------------------------------
Acute dietary (females 13-49 years of  NOAEL = 75 milligram/    FQPA SF = 1X             Developmental toxicity
 age) based on RS data                  kilogram/day (mg/kg/    aPAD = acute RfD / FQPA   in rabbits
                                        day)                     SF = 0.75 mg/kg/day.    Maternal LOAEL = 150 mg/
                                       UF = 100...............                            kg/day based on
                                       Acute RfD = 0.75 mg/kg/                            abortions and
                                        day.                                              decreased body weight
                                                                                gain and food
                                                                                consumption
                                                                                Developmental LOAEL =
                                                                                150 mg/kg/day based on
                                                                                post-implantation loss
----------------------------------------------------------------------------------------------------------------
Acute dietary (general population       Not applicable. No studies identify an acute hazard (dose and endpoint)
 including infants and children)                         based on a single-oral exposure (dose)
----------------------------------------------------------------------------------------------------------------
Chronic dietary (all populations)      NOAEL= 5 mg/kg/day       FQPA SF = 1X             Chronic/carcinogenicity
 based on RS data                      UF = 100...............  cPAD = chronic RfD /      rats
                                       Chronic RfD = 0.05 mg/    FQPA SF = 0.05 mg/kg/   LOAEL = Male/Female (M/
                                        kg/day.                  day.                     F); 36/49 mg/kg/day
                                                                                based on decreased
                                                                                body weight and body
                                                                                weight gain in both
                                                                                sexes, increased food
                                                                                conversion ratios in
                                                                                females, and increased
                                                                                microscopic hepatic
                                                                                lesions in both sexes
----------------------------------------------------------------------------------------------------------------
Dermal absorption based on RS data     30%                       No studies are available. Value estimated from
                                                                    the ratio of the LOAEL for maternal weight
                                                                  decrement in developmental study to LOAEL for
                                                                    male weight decrement in the 21-day dermal
                                                                  study.Ratio of (developmental rabbit maternal
                                                                   LOAEL, body weight) / (21-day dermal rabbit
                                                                 LOAEL for systemic toxicity, body weight) x 100
                                                                             = (150/500) x 100 = 30%
----------------------------------------------------------------------------------------------------------------
Dermal short-term (1-30 days)          NOAEL = 25/3(UF) = 8 mg/    Developmental toxicity study in rats (MRID
                                        kg/day                     44332243). LOAEL = 25 mg/kg/day was based on
                                       Dermal absorption = 30%     maternal body weight decrement, body weight
                                       UF = 32; MOE = 3005....    gain decrement and decreased food consumption.
----------------------------------------------------------------------------------------------------------------
Dermal Intermediate-term, (1-6         NOAEL = 6.8 mg/kg/day    Chronic feeding study in rats (MRID 41706808 and
 months)                                (F)                       42030102). LOAEL = 36/49 mg/kg/day (M/F) based
                                       Dermal absorption = 30%    on decreased body weight and body weight gain
                                       UF = 1.................       and at termination increased microscopic
                                       MOE = 100..............    hepatic lesions. NOAEL = 5.1/6.8 mg/kg/day for
                                                                                (M/F)
----------------------------------------------------------------------------------------------------------------
Inhalation, short-term (1-30 days)     NOAEL = 8 mg/kg/day (F)             Same as dermal, short-term
                                       Inhalation absorption =
                                        100%.
                                       UF = 32................
                                       MOE = 300..............
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------

   Table 1.--Summary of Toxicological Dose and Endpoints for Dimethenamid-p for Use in Human Risk Assessment--
                                                    Continued
----------------------------------------------------------------------------------------------------------------
                                          Dose Used in Risk
                                             Assessment,          Special FQPA SF and
          Exposure/Scenario*                Interspecies,         Level of Concern for   Study and Toxicological
                                        Intraspecies, and any       Risk Assessment              Effects
                                            Traditional UF
----------------------------------------------------------------------------------------------------------------
Inhalation intermediate-term (1-6      NOAEL = 6.8 mg/kg/day            Same as dermal intermediate-term
 months)                                (F)
                                       Inhalation absorption =
                                        100%.
                                       UF = 1.................
                                       MOE = 100..............
----------------------------------------------------------------------------------------------------------------
Cancer                                  Classified as ``C'' a possible human carcinogen; however, no Q1* was has
                                                   been established for an assessment of cancer risk.
----------------------------------------------------------------------------------------------------------------
* The reference to the FQPA SF refers to any additional SF retained due to concerns unique to FQPA.

B. Exposure Assessment

    1. Dietary exposure from food and feed uses. Tolerances have been
established (40 CFR 180.464(a)) for the residues of dimethenamid-p, in
or on bean, dry, seed; beet, garden, roots; beet, garden, tops; beet,
sugar, dried pulp; beet, sugar, molasses; beet, sugar, roots; beet,
sugar, tops; corn, field, forage; corn, field, grain; corn, field,
stover; corn, pop, forage; corn, pop, grain; corn, pop, stover; corn,
sweet, forage; corn, sweet, kernal plus cob with husk removed; corn,
sweet, stover; garlic; horseradish; onion, dry bulb; peanut, hay;
peanut, nutmeat; shallot, bulb; sorghum, grain; sorghum, grain, forage;
sorghum, grain, stover; soybean, seed; and tuberous and corm
vegetables. The tolerance expression includes both the R and S isomers,
these tolerances also cover the registered uses of dimethenamid-p. The
current tolerances for all plant commodities are set at 0.01 ppm. Risk
assessments were conducted by EPA to assess dietary exposures from
dimethenamid-p in food as follows:
    i. Acute exposure. Acute dietary risk assessments are performed for
a food-use pesticide if a toxicological study has indicated the
possibility of an effect of concern occurring as a result of a 1 day or
single exposure. The Dietary Exposure Evaluation Model (DEEM\TM\)
analysis evaluated the individual food consumption as reported by
respondents in the U.S. Department of Agriculture (USDA) 1994-1996, and
1998 nationwide Continuing Surveys of Food Intake by Individuals
(CSFII) and accumulated exposure to the chemical for each commodity.
The following assumptions were made for the acute exposure assessments:
The acute dietary analysis is conservative, based on tolerance-level
residues and 100% crop treated assumptions for all commodities.
    ii. Chronic exposure. In conducting this chronic dietary risk
assessment the DEEM\TM\ analysis evaluated the individual food
consumption as reported by respondents in the USDA 1994, 1996, and 1998
nationwide CSFII and accumulated exposure to the chemical for each
commodity. The following assumptions were made for the chronic exposure
assessments: The chronic dietary analysis is conservative, based on
tolerance-level residues and 100% crop treated assumptions for all
commodities.
    iii. Cancer. Dimethenamid-p has been classified as a Category ``C''
(possible human carcinogen). Based on increased tumor incidence only in
rats (not mice). The Agency determined that a quantitative cancer risk
assessment is not required. The RfD approach was used to estimate
cancer risk. Therefore, the chronic (non-cancer) risk assessment is an
adequate estimate of cancer risk as well as other chronic effects.
    2. Dietary exposure from drinking water. The Agency lacks
sufficient monitoring exposure data to complete a comprehensive dietary
exposure analysis and risk assessment for dimethenamid-p in drinking
water. Because the Agency does not have comprehensive monitoring data,
drinking water concentration estimates are made by reliance on
simulation or modeling taking into account data on the physical
characteristics of dimethenamid-p.
    The Agency uses the Generic Estimated Environmental Concentration
(GENEEC) or the Pesticide Root Zone/Exposure Analysis Modeling System
(PRZM/EXAMS) to estimate pesticide concentrations in surface water and
Screening Concentration in Groundwater (SCI-GROW), which predicts
pesticide concentrations in ground water. In general, EPA will use
GENEEC (a Tier I model) before using PRZM/EXAMS (a Tier II model) for a
screening-level assessment for surface water. The GENEEC model is a
subset of the PRZM/EXAMS model that uses a specific high-end runoff
scenario for pesticides. GENEEC incorporates a farm pond scenario,
while PRZM/EXAMS incorporate an index reservoir environment in place of
the previous pond scenario. The PRZM/EXAMS model includes a percent
crop (PC) area factor as an adjustment to account for the maximum PC
coverage within a watershed or drainage basin.
    None of these models include consideration of the impact processing
(mixing, dilution, or treatment) of raw water for distribution as
drinking water would likely have on the removal of pesticides from the
source water. The primary use of these models by the Agency at this
stage is to provide a coarse screen for sorting out pesticides for
which it is highly unlikely that drinking water concentrations would
ever exceed human health levels of concern.
    Based on the PRZM/EXAMS and SCI-GROW models, the estimated
environmental concentrations (EECs) of dimethenamid-p for acute
exposures are estimated to be 49 parts per billion (ppb) for surface
water and 0.42 ppb for ground water. The EECs for chronic exposures are
estimated to be 7.9 ppb for surface water and 0.42 ppb for ground
water.
    3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., for lawn and garden pest control, indoor pest control,
termiticides, and flea and tick control on pets). Dimethenamid-p is not
registered for use on any sites that would result in residential
exposure.
    4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
    Unlike other pesticides for which EPA has followed a cumulative
risk approach

based on a common mechanism of toxicity, EPA has not made a common
mechanism of toxicity finding as to dimethenamid-p and any other
substances and dimethenamid-p does not appear to produce a toxic
metabolite produced by other substances. For the purposes of this
tolerance action, therefore, EPA has not assumed that dimethenamid-p
has a common mechanism of toxicity with other substances. For
information regarding EPA's efforts to determine which chemicals have a
common mechanism of toxicity and to evaluate the cumulative effects of
such chemicals, see the policy statements released by EPA's Office of
Pesticide Programs concerning common mechanism determinations and
procedures for cumulating effects from substances found to have a
common mechanism on EPA's Web site athttp://www.epa.gov/pesticides/cumulative/
.

C. Safety Factor for Infants and Children

    1. In general. Section 408 of FFDCA provides that EPA shall apply
an additional tenfold margin of safety for infants and children in the
case of threshold effects to account for prenatal and postnatal
toxicity and the completeness of the data base on toxicity and exposure
unless EPA determines that a different margin of safety will be safe
for infants and children. Margins of safety are incorporated into EPA
risk assessments either directly through use of a MOE analysis or
through using uncertainty (safety) factors in calculating a dose level
that poses no appreciable risk to humans.
    2. Developmental toxicity studies. In a developmental toxicity
study in rats, maternal toxicity was evidenced by excessive salivation,
increased liver weight and reduced body weight gain and food
consumption at 215 and 425 milligrams per kilogram per day (mg/kg/day).
Developmental toxicity was evidenced by an increased incidence of
resorption in the 425 mg/kg/day rats. The maternal NOAEL is 50 mg/kg/
day and the maternal LOAEL is 215 mg/kg/day. The developmental NOAEL is
215 mg/kg/day and the developmental LOAEL is 425 mg/kg/day.
    In a developmental toxicity study in rabbits, maternal toxicity was
evidenced by decreased body weight, food consumption and increased
abortion/premature delivery at 75 and 150 mg/kg/day. Developmental
toxicity was evidenced by increased abortion/premature delivery and
hyoid alae angulated changes in the 150 mg/kg group. The maternal NOAEL
is 37.5 mg/kg/day and the maternal LOAEL is 75 mg/kg/day. The
developmental NOAEL is 75 mg/kg/day and the developmental LOAEL is 150
mg/kg/day.
    3. Reproductive toxicity study. In a 2-generation reproductive
study in rats, parental toxicity was evidenced by significant
reductions in body weight and food consumption in males and significant
increases in absolute and relative liver weights in both sexes.
Significant reductions in pup weight during lactation occurred at 150
mg/kg/day. The parental NOAEL is 36 mg/kg/day and the parental LOAEL is
150 mg/kg/day. The reproduction NOAEL is 36 mg/kg/day and the
reproduction LOAEL is 150 mg/kg/day.
    4. Prenatal and postnatal sensitivity. No offspring prenatal or
postnatal susceptibility to either RS-dimethenamid or S-dimethenamid-p
was seen in a rabbit or two rat developmental studies and reproduction
study. There is low concern for prenatal or postnatal toxicity since
the developmental effects from the S and RS mixture are similar and
occur at similar doses.
    5. Conclusion. There is a complete toxicity data base for
dimethenamid-p and exposure data are complete or are estimated based on
data that reasonably accounts for potential exposures. EPA determined
the 10X safety factor to protect infants and children should be reduced
to 1X because there are low concerns, and no residual uncertainties
with regard to prenatal and/or postnatal toxicity. Additionally,
developmental, reproductive, and prenatal-postnatal effects were seen
only at levels above those that caused effects in adults.

D. Aggregate Risks and Determination of Safety

    Aggregate dietary risk for dimethenamid-p is assessed by comparing
acute and chronic dietary (food and drinking water) exposure estimates
to their respective aPAD and cPAD, with risk expressed as a percent of
the PAD. Acute and chronic water residues were incorporated into the
dietary exposure analyses. There are no residential uses of
dimethenamid-p. Therefore, the reported acute and chronic dietary
exposures are aggregate food and water risks associated with the
proposed section 18 use (squash, winter), and the existing registered
uses.
    The acute and chronic aggregate (food and drinking water) exposure
assessment was conducted using the DEEM software with the Food
Commodity Intake Database (DEEM\TM\/FCID), Version 1.3) which
incorporates consumption data from the USDA CSFII, 1994-1996 and 1998.
The 1994-1996 and 1998 data are based on the reported consumption of
more than 20,000 individuals over 2 non-consecutive survey days.
Consumption data are averaged for the entire U.S. population and within
population subgroups for chronic exposure assessment, but are retained
as individual consumption ``events'' for acute exposure assessment.
Exposure estimates are expressed in mg/kg body weight/day and risk as a
percent of the aPAD/cPAD.
    An upper-bound (Tier 1) acute and chronic aggregate risk assessment
was conducted for dimethenamid-p food commodities and drinking water
combined. The residue estimate for each food commodity is based on the
tolerance for that crop (0.01 ppm) and each crop is assessed as if 100%
of the crop has been treated with dimethenamid-p. The EEC inputs
(acute/chronic) for drinking water are described as ``Tier 2,'' but are
considered upper-bound estimates for finished drinking water. It should
also be noted that, like the tolerance level inputs for foods, the
residue inputs for drinking water are point estimates rather than a
residue distribution (as seen in probabilistic assessments).
    1. Acute risk. Using the exposure assumptions discussed in this
unit for acute exposure, the acute dietary exposure to dimethenamid-p
from food will occupy 0.32% of the aPAD for females 13-49 years and
older. EPA does not expect the aggregate exposure to exceed 100% of the
aPAD, as shown in the following Table 2:

             Table 2.--Aggregate Risk Assessment for Chronic (Non-Cancer) Exposure to Dimethenamid-p
----------------------------------------------------------------------------------------------------------------
                                                                                DEEM\TM\-FCID
         Population Subgroup                PAD, mg/kg/day     -------------------------------------------------
                                                                  Exposure, mg/kg/day              %PAD
----------------------------------------------------------------------------------------------------------------
                              Acute dietary estimates (95th percentile of exposure)
----------------------------------------------------------------------------------------------------------------
Females 13-49 years                                       0.75                 0.002416                       < 1
----------------------------------------------------------------------------------------------------------------

    2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that exposure to
dimethenamid-p from food will utilize 0.4% of the cPAD for the U.S.
population, 1.2% of the cPAD for all infants < 1 year old and0.7% of the
cPAD for children 1-2 years old. There are no residential uses for
dimethenamid-p that result in chronic residential exposure to
dimethenamid-p. EPA does not expect the aggregate exposure to exceed
100% of the cPAD, as shown in the following Table 3:

             Table 3.--Aggregate Risk Assessment for Chronic (Non-Cancer) Exposure to Dimethenamid-p
----------------------------------------------------------------------------------------------------------------
                                                                                DEEM\TM\-FCID
         Population Subgroups               PAD, mg/kg/day     -------------------------------------------------
                                                                  Exposure, mg/kg/day              %PAD
----------------------------------------------------------------------------------------------------------------
                                          Chronic PAD Dietary Estimates
----------------------------------------------------------------------------------------------------------------
U.S. Population......................                     0.05                 0.000205                       < 1
----------------------------------------------------------------------------------------------------------------
All infants (< 1 year)                                     0.05                 0.000605                      1.2
----------------------------------------------------------------------------------------------------------------
Children (1-2 years)                                      0.05                 0.000329                       < 1
----------------------------------------------------------------------------------------------------------------
Children (3-5 years)                                      0.05                 0.000315                       < 1
----------------------------------------------------------------------------------------------------------------
Children (6-12 years)                                     0.05                 0.000221                       < 1
----------------------------------------------------------------------------------------------------------------
Youth (13-19 years)                                       0.05                 0.000163                       < 1
----------------------------------------------------------------------------------------------------------------
Adults (20-49 years)                                      0.05                 0.000187                       < 1
----------------------------------------------------------------------------------------------------------------
Adults (50+ years)                                        0.05                 0.000189                       < 1
----------------------------------------------------------------------------------------------------------------

    3. Short-term risk. Short-term aggregate exposure takes into
account residential exposure plus chronic exposure to food and water
(considered to be a background exposure level).
    Dimethenamid-p is not registered for use on any sites that would
result in residential exposure. Therefore, the aggregate risk is the
sum of the risk from food and water, which were previously addressed.
    4. Intermediate-term risk. Intermediate-term aggregate exposure
takes into account non-dietary, non-occupational exposure plus chronic
exposure to food and water (considered to be a background exposure
level). Dimethenamid-p is not registered for use on any sites that
would result in residential exposure. Therefore, the aggregate risk is
the sum of the risk from food and water, which were previously
addressed.
    5. Aggregate cancer risk for U.S. population. Dimethenamid-p has
been classified as a Category ``C'' (possible human carcinogen). Based
on increased tumor incidence only in rats (not mice), the Agency
determined that a quantitative cancer risk assessment is not required.
The RfD approach was used to estimate cancer risk. Therefore the
chronic (non-cancer) risk assessment is an adequate estimate of cancer
risk as well as other chronic effects.
    6. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population, and to infants and children from aggregate
exposure to dimethenamid-p residues.

V. Other Considerations

A. Analytical Enforcement Methodology

    An adequate enforcement method is available for determining
dimethenamid residues in plants and soil. The Gas Chromatography/
Nitrogen Phosphorus Detection (GC/NPD) method (AM-0884-0193-1) has been
validated by the Agency and submitted for publication in FDA's
Pesticide Analytical Manual, Volume II. The method does not separate
the R and S isomers of dimethenamid and the limit of quantitation (LOQ)
is 0.01 ppm. Thus, adequate enforcement methodology is available to
enforce the tolerance expression. The method may be requested from:
Chief, Analytical Chemistry Branch, Environmental Science Center, 701
Mapes Rd., Ft. Meade, MD 20755-5350; telephone number:<PHONE_NUMBER>;
e-mail address<EMAIL_ADDRESS>
B. International Residue Limits

    There are no CODEX or Canadian maximum residue limits established
for dimethenamid or dimethenamid-p. Therefore, tolerance harmonization
is not germane to the current section 18 proposed use.

VI. Conclusion

    Therefore, the time-limited tolerance is established for residues
of dimethenamid-p, 1-RS-2-chloro-N-[(1-methyl-2-methoxy)ethyl]-N-(2,4-
dimethylthien-3-yl)-acetamide in or on squash, winter at 0.01 ppm.

VII. Objections and Hearing Requests

    Under section 408(g) of FFDCA, as amended by FQPA, any person may
file an objection to any aspect of this regulation and may also request
a hearing on those objections. The EPA

procedural regulations which govern the submission of objections and
requests for hearings appear in 40 CFR part 178. Although the
procedures in those regulations require some modification to reflect
the amendments made to FFDCA by FQPA, EPA will continue to use those
procedures, with appropriate adjustments, until the necessary
modifications can be made. The new section 408(g) of FFDCA provides
essentially the same process for persons to ``object'' to a regulation
for an exemption from the requirement of a tolerance issued by EPA
under new section 408(d) of FFDCA, as was provided in the old sections
408 and 409 of FFDCA. However, the period for filing objections is now
60 days, rather than 30 days.

A. What Do I Need to Do to File an Objection or Request a Hearing?

    You must file your objection or request a hearing on this
regulation in accordance with the instructions provided in this unit
and in 40 CFR part 178. To ensure proper receipt by EPA, you must
identify docket ID number EPA-HQ-OPP-2006-0216 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 3,
2006.
    1. Filing the request. Your objection must specify the specific
provisions in the regulation that you object to, and the grounds for
the objections (40 CFR 178.25). If a hearing is requested, the
objections must include a statement of the factual issue(s) on which a
hearing is requested, the requestor's contentions on such issues, and a
summary of any evidence relied upon by the objector (40 CFR 178.27).
Information submitted in connection with an objection or hearing
request may be claimed confidential by marking any part or all of that
information as CBI. Information so marked will not be disclosed except
in accordance with procedures set forth in 40 CFR part 2. A copy of the
information that does not contain CBI must be submitted for inclusion
in the public record. Information not marked confidential may be
disclosed publicly by EPA without prior notice.
    Mail your written request to: Office of the Hearing Clerk (1900L),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001. You may also deliver your request to the
Office of the Hearing Clerk in Suite 350, 1099 14\th\ St., NW.,
Washington, DC 20005. The Office of the Hearing Clerk is open from 8
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Office of the Hearing Clerk is<PHONE_NUMBER>.
    2. Copies for the Docket. In addition to filing an objection or
hearing request with the Hearing Clerk as described in Unit VII.A1.,
you should also send a copy of your request to the PIRIB for its
inclusion in the official record that is described in ADDRESSES. Mail
your copies, identified by the docket ID number EPA-HQ-OPP-2006-0216,
to: Public Information and Records Integrity Branch, Information
Technology and Resources Management Division (7502C), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001. In person or by courier, bring a
copy to the location of the PIRIB described in ADDRESSES.

B. When Will the Agency Grant a Request for a Hearing?

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

VIII. Statutory and Executive Order Reviews

    This final rule establishes a time-limited tolerance under section
408 of FFDCA. The Office of Management and Budget (OMB) has exempted
these types of actions from review under Executive Order 12866,
entitled Regulatory Planning and Review (58 FR 51735, October 4, 1993).
Because this rule has been exempted from review under Executive Order
12866 due to its lack of significance, this rule is not subject to
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355,
May 22, 2001). This final rule does not contain any information
collections subject to OMB approval under the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501 et seq., or impose any enforceable duty or
contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). Nor
does it require any special considerations under Executive Order 12898,
entitled Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (59 FR 7629, February 16, 1994);
or OMB review or any Agency action under Executive Order 13045,
entitled Protection of Children from Environmental Health Risks and
Safety Risks (62 FR 19885, April 23, 1997). This action does not
involve any technical standards that would require Agency consideration
of voluntary consensus standards pursuant to section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (NTTAA),
Public Law 104-113, section 12(d) (15 U.S.C. 272 note). Since
tolerances and exemptions that are established on the basis of a FIFRA
section 18 exemption under section 408 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. In addition, the Agency has determined that this
action will not have a substantial direct effect on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132, entitled Federalism
(64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' This final rule directly regulates growers, food
processors, food handlers, and food retailers, not States. This action
does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. For these same reasons, the Agency has
determined that this rule does not have any ``tribal implications'' as
described in Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (65 FR 67249, November 6,
2000). Executive Order 13175, requires EPA to develop an accountable
process to ensure ``meaningful and timely input by tribal officials in
the development of regulatory policies that have tribal implications.''
``Policies that have tribal

implications'' is defined in the Executive order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal Government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal Government and Indian tribes.'' This rule will not have
substantial direct effects on tribal governments, on the relationship
between the Federal Government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this rule.

IX. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of this final rule in theFederal 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: April 25, 2006.
Lois Rossi,
Director, Registration 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 180.464 is amended by adding text to paragraph (b) after the
paragraph heading to read as follows:

Sec.  180.464  Dimethenamid; tolerances for residues.

* * * * *
    (b) * * * A time-limited tolerance is established for residues of
dimethenamid-p, 1-(RS)-2-chloro-N-[(1-methyl-2-methoxy)ethyl]-N-(2,4-
dimethylthien-3-yl)-acetamide in or on the following commodity:

----------------------------------------------------------------------------------------------------------------
                      Commodity                             Parts per million        Expiration/revocation date
----------------------------------------------------------------------------------------------------------------
Squash, winter......................................                          0.01                      06/30/09
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 06-4161 Filed 5-2-06; 8:45 am]

BILLING CODE 6560-50-S