[Federal Register Volume 83, Number 239 (Thursday, December 13, 2018)]
[Rules and Regulations]
[Pages 64027-64030]
[FR Doc No: 2018-27047]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2017-0288 and EPA-HQ-OPP-2017-0283; FRL-9986-73]

6-Benzyladenine; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of 6-
benzyladenine in or on avocados, peppers, tomatoes, cucumbers, melons,
and squash. Interregional Research Project Number 4 and Valent
BioSciences LLC have requested these tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective December 13, 2018. Objections and
requests for hearings must be received on or before February 11, 2019,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The dockets for this action, identified by docket
identification (ID)

numbers EPA-HQ-OPP-2017-0288 and EPA-HQ-OPP-2017-0283, are available at
http://www.regulations.gov or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket) in the Environmental Protection
Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg.,
Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460-0001. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

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

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file
an objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2017-0288 and EPA-HQ-OPP-2017-0283 in the
subject line on the first page of your submission. All objections and
requests for a hearing must be in writing, and must be received by the
Hearing Clerk on or before February 11, 2019. Addresses for mail and
hand delivery of objections and hearing requests are provided in 40 CFR
178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID numbers EPA-HQ-OPP-2017-0288 and EPA-
HQ-OPP-2017-0283, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html. Additional
instructions on commenting or visiting the docket, along with more
information about dockets generally, is available at http://www.epa.gov/dockets.

II. Background

    In the Federal Register of September 15, 2017 (82 FR 43352) (FRL-
9965-43), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of two pesticide petitions: PP
6E8526 by Interregional Research Project Number 4 (IR-4), Rutgers,
State University of New Jersey, 681 U.S. Highway No. 1, S. North New
Brunswick, NJ 08902; and PP 7F8548 by Valent BioSciences LLC (Valent),
870 Technology Way, Libertyville, IL 60048. Petition 6E8526 requested
that 40 CFR part 180 be amended by establishing a tolerance for
residues of the plant growth regulator 6-benzyladenine, in or on
avocados at 0.05 parts per million (ppm). Petition 7F8548 requested
amendment of the current exemption from the requirement of tolerance
for residues of 6-benzyladenine, 40 CFR 180.1150, to add fruiting
vegetables (tomatoes and peppers) and cucurbit vegetables (cucumbers,
melons, and squash). That document referenced summaries of the
petitions prepared by Valent, the registrant, which are available in
the respective dockets via, www.regulations.gov. Comments were received
on the notice of filing, and the Agency's response can be found in Unit
III.D.
    Based upon review of the data supporting each petition, EPA is
establishing tolerance levels for 6-benzyladenine on avocados,
tomatoes, peppers, cucumbers, melons and squash in one final rule. The
reasons for these changes are explained in Part III.E. of this
document.

III. Final Rule

A. EPA's Safety Determination

    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. EPA
must take into account the factors set forth in FFDCA section
408(b)(2)(C), which require EPA to give special consideration to
exposure of infants and children to the pesticide chemical residue in
establishing a tolerance or tolerance exemption and to ``ensure that
there is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue . .
. .'' Additionally, FFDCA section 408(b)(2)(D) requires that EPA
consider ``available information concerning the cumulative effects of a
particular pesticide's residues and other substances that have a common
mechanism of toxicity.''
    EPA evaluated the available toxicological and exposure data on 6-
benzyladenine and considered their validity, completeness, and
reliability, as well as the relationship of this information to human
risk. A summary of the data upon which EPA relied and its risk
assessment based on those data can be found within the document

entitled ``Federal Food, Drug, and Cosmetic Act (FFDCA) Safety
Assessment for Tolerances for Residues of 6-benzyladenine.'' This
document, as well as other relevant information, is available in the
docket for this action as described under ADDRESSES.
    The available data demonstrated that the predominant adverse effect
from exposure to 6-benzyladenine was a significant reduction in body
weight, including an increased susceptibility of body weight effects in
fetuses and offspring. Despite these effects, EPA determined that
reliable data show the safety of infants and children would be
adequately protected if the Food Quality Protection Act (FQPA) safety
factor was reduced to 1X. EPA conducted a quantitative aggregate risk
assessment, taking into account chronic exposures to residues of 6-
benzyladenine in food and drinking water (no residential exposures are
anticipated) and concluded that risks do not exceed EPA's level of
concern.
    Based upon its evaluation, EPA concludes that there is a reasonable
certainty that no harm will result to the U.S. population, including
infants and children, from aggregate exposure to residues of 6-
benzyladenine. Therefore, tolerances are established for residues of 6-
benzyladenine, in or on tomato, pepper, cucumber, melon, and squash at
0.01 ppm and in or on avocado at 0.02 ppm.

B. Analytical Enforcement Methodology

    Adequate enforcement methodologies to quantitatively determine 6-
benzyladenine residues by liquid chromatography/mass spectrometer/mass
spectrometer (LC/MS/MS) (Meth-209, Determination of 6-Benzyladenine (6-
BA) in Selected Fruiting Vegetable and Cucurbit Vegetable Raw
Agricultural and Processed Commodities and Meth-210, Determination of
6-Benzyladenine (6-BA) in Selected Oily Crop Raw Agricultural
Commodities) are available to enforce the tolerance expression. The
methods may be requested from: Chief, Analytical Chemistry Branch,
Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 20755-5350;
telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
C. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level. The Codex has not
established an MRL for 6-benzyladenine; however, Canada and the
European Union (EU) have set default MRLs at 0.1 ppm (Canada) and 0.01
ppm (EU), respectively.

D. Response to Comments

    One comment was received in response to each of the petitions. Each
comment generally opposed pesticide residues on food; only one
mentioned 6-benzyladenine by name. Neither comment was accompanied by
any substantiation or data supporting a conclusion that the tolerances
being established in this action do not meet the FFDCA safety standard.
Although EPA recognizes that some individuals would oppose any use of
pesticides on food, section 408 of the FFDCA authorizes EPA to set
tolerances for residues of pesticide chemicals in or on food when it
determines that the tolerance meets the safety standard imposed by that
statute. EPA has made that determination for the 6-benzyladenine
tolerances established by this final rule.

E. Revisions to Petitioned-For Tolerance and Tolerance Exemption

    The applicant requested a tolerance for residues of 6-benzyladenine
on avocado at 0.05 ppm. Based on available residue data and using the
Organisation for Economic Co-operation and Development (OECD)
calculator, EPA has determined that a tolerance for residues of 6-
benzyladenine on avocado at 0.02 ppm is appropriate. In addition, the
applicant requested to amend the current exemption, 40 CFR 180.1150,
for residues of 6-benzyladenine by adding fruiting vegetables (tomatoes
and peppers) and cucurbit vegetables (cucumbers, melons, and squash) at
20 parts per million (ppm) at a maximum of five applications (total
18.8 grams of active ingredient per acre per season) with a seven-day
interval between applications. Due to the toxicological profile of the
chemical and the measurable residues, EPA has concluded that a
tolerance is the appropriate regulatory mechanism for covering residues
of 6-benzyladenine under the FFDCA. Based on the available residue data
and using the OECD calculator, EPA has determined that tolerances for
residues of 6-benzyladenine on tomato, pepper, cucumber, melon, and
squash at 0.01 ppm are appropriate.

IV. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA section 408(d) in
response to a petition submitted to EPA. 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 action has been exempted from
review under Executive Order 12866, this action is not subject to
Executive Order 13211, entitled ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001), or Executive Order 13045, entitled ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997) nor is it considered a regulatory action under
Executive Order 13771, entitled ``Reducing Regulations and Controlling
Regulatory Costs'' (82 FR 9339, February 3, 2017). This action does not
contain any information collections subject to OMB approval under the
Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it
require any special considerations under Executive Order 12898,
entitled ``Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations'' (59 FR 7629, February 16,
1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance in this
action, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes. As a result, this
action does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, EPA has determined that this
action will not have a substantial direct effect on States or tribal
governments, on the relationship between the national government and
the States or tribal

governments, or on the distribution of power and responsibilities among
the various levels of government or between the Federal Government and
Indian tribes. Thus, EPA has determined that Executive Order 13132,
entitled ``Federalism'' (64 FR 43255, August 10, 1999), and Executive
Order 13175, entitled ``Consultation and Coordination with Indian
Tribal Governments'' (65 FR 67249, November 9, 2000), do not apply to
this action. In addition, this action does not impose any enforceable
duty or contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require EPA's consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

V. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
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
the rule in the Federal Register. This action 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: November 28, 2018.
Richard P. Keigwin, Jr.,
Director, Office of Pesticide Programs.

    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. Add Sec.  180.703 to subpart C to read as follows:

Sec.  180.703   6-benzyladenine; tolerances for residues.

    (a) General. Tolerances are established for residues of the plant
growth regulator, 6-benzyladenine in or on the commodities listed in
the table below. Compliance with the tolerance levels specified in this
paragraph is to be determined by measuring only 6-benzyladenine in or
on the commodity.

------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
------------------------------------------------------------------------
Avocado.....................................................        0.02
Cucumber....................................................        0.01
Melon.......................................................        0.01
Pepper......................................................        0.01
Squash......................................................        0.01
Tomato......................................................        0.01
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]

[FR Doc. 2018-27047 Filed 12-12-18; 8:45 am]
 BILLING CODE 6560-50-P


P-20-0102 Sanitized Support Documents Index:
 P-20-0102 Sanitized Determination Document (linked)
 P-20-0102 Sanitized CHEM Report (attached)
 P-20-0102 Sanitized ECO Report (attached)
 P-20-0102 Sanitized ENG Report (attached)
 P-20-0102 Sanitized EXP Report (attached)
 P-20-0102 Sanitized Fate Report (attached)
 P-20-0102 Sanitized HLTH Report_POST-FOCUS FINAL (attached)


[Federal Register: March 11, 2010 (Volume 75, Number 47)]
[Proposed Rules]
[Page 11480-11481]
[DOCID:fr11mr10-19]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0080 Airspace Docket No. 10-AAL-2]

Proposed Revision of Class E Airspace; Wainwright, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to revise Class E airspace at Wainwright,
AK. The amendment of four Standard Instrument Approach Procedures
(SIAPs), and the development of one Obstacle Departure Procedure (ODP)
at Wainwright Airport have made this action necessary to enhance safety
and management of Instrument Flight Rules (IFR) operations.

DATES: Comments must be received on or before April 26, 2010.

ADDRESSES: Send comments on the proposal 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-
0001. You must identify the docket number FAA-2010-0080/Airspace Docket
No. 10-AAL-2 at the beginning of your comments. You may also submit
comments on the Internet at http://www.regulations.gov. You may review
the public docket containing the proposal, any comments received, and
any final disposition in person in the Dockets Office between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The Docket
Office (telephone 1-800-647-5527) is on the plaza level of the
Department of Transportation NASSIF Building at the above address.
    An informal docket may also be examined during normal business
hours at the office of the Manager, Safety, Alaska Flight Service
Operations, Federal Aviation Administration, 222 West 7th Avenue, Box
14, Anchorage, AK 99513-7587.

FOR FURTHER INFORMATION CONTACT: Gary Rolf, Federal Aviation
Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587;
telephone number<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>Internet address: http://www.faa.gov/about/
office_org/headquarters_offices/ato/service_units/systemops/fs/
alaskan/rulemaking/.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2010-0080/
Airspace Docket No. 10-AAL-2.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this notice may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://
www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_
amendments/.
    Additionally, any person may obtain a copy of this notice by
submitting a request to the Federal Aviation Administration, Office of
Air Traffic Airspace Management, ATA-400, 800 Independence Avenue, SW.,
Washington, DC 20591 or by calling

(202) 267-8783. Communications must identify both docket numbers for
this notice. Persons interested in being placed on a mailing list for
future NPRMs should contact the FAA's Office of Rulemaking, (202) 267-
9677, to request a copy of Advisory Circular No. 11-2A, Notice of
Proposed Rulemaking Distribution System, which describes the
application procedure.

The Proposal

    This action proposes to amend Title 14 Code of Federal Regulations
(14 CFR) part 71 by revising Class E airspace at Wainwright Airport,
AK, to accommodate four amended SIAPs and the development of one ODP at
Wainwright Airport. This Class E airspace would provide adequate
controlled airspace upward from 700 and 1,200 feet above the surface,
for the safety and management of IFR operations at Wainwright Airport.
    The Class E airspace areas designated as 700/1200 foot transition
areas are published in paragraph 6005 in FAA Order 7400.9T, Airspace
Designations and Reporting Points, signed August 27, 2009, and
effective September 15, 2009, which is incorporated by reference in 14
CFR 71.1. The Class E airspace designations listed in this document
would be subsequently published in the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Because this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle 1, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart 1, Section 40103, Sovereignty and use of
airspace. Under that section, the FAA is charged with prescribing
regulations to ensure the safe and efficient use of the navigable
airspace. This regulation is within the scope of that authority because
it proposes to revise Class E airspace at Wainwright Airport,
Wainwright, AK, and represents the FAA's continuing effort to safely
and efficiently use the navigable airspace.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING
POINTS

    1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9T, Airspace Designations and
Reporting Points, signed August 27, 2009, and effective September 15,
2009, is to be amended as follows:
* * * * *

Paragraph 6005 Class E Airspace Extending Upward From 700 Feet or
More Above the Surface of the Earth

* * * * *

AAL AK E5 Wainwright, AK [Revised]

Wainwright Airport, AK
    (Lat. 70[deg]38[min]17[sec] N., long. 159[deg]59[min]41[sec] W.)

    That airspace extending upward from 700 feet above the surface
within a 8.5-mile radius of the Wainwright Airport, AK; and that
airspace extending upward from 1,200 feet above the surface within a
73-mile radius of the Wainwright Airport, AK, excluding that portion
extending outside the Anchorage Arctic CTA/FIR (PAZA) boundary.
* * * * *

    Issued in Anchorage, AK, on February 19, 2010.
Anthony M. Wylie,
Manager, Alaska Flight Services Information Area Group.
[FR Doc. 2010-5279 Filed 3-10-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 148 (Wednesday, August 3, 2022)]
[Notices]
[Page 47414]
[FR Doc No: 2022-16594]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 15276-000]

Rye Hildebrand Hydroelectric, LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On June 6, 2022, Rye Hildebrand Hydroelectric, LLC, filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act (FPA), proposing to study the feasibility of the
Hildebrand Lock/Dam Hydroelectric Project to be located at the existing
U.S. Army Corps of Engineers Pittsburgh District Hildebrand Lock/Dam
located on the Monongahela River at Hilderbrand, Monongalia County,
West Virginia. The sole purpose of a preliminary permit, if issued, is
to grant the permit holder priority to file a license application
during the permit term. A preliminary permit does not authorize the
permit holder to perform any land-disturbing activities or otherwise
enter upon lands or waters owned by others without the owners' express
permission.
    The proposed project would consist of the following: (1) a 405-acre
impoundment with a normal volume of 7,600 acre-feet at a normal maximum
surface elevation of 835.0 feet mean sea level; (2) an existing 649-
foot-long, 64-foot-high concrete gravity dam with a 600-foot-long, 84-
foot-wide lock and six 60-foot-wide, 21-foot-high tainter gates; (3) a
new 100-foot-long, 70-foot-wide intake section with trashracks; (4) two
new 3-megawatt horizontal Kaplan bulb turbine/generator units; (5) a
new 90-foot-long, 60-foot-wide concrete powerhouse; (6) a new three-
phase, 36.7-kilovolt (kV), 1,000-foot-long transmission line; (7) a new
50-foot-long, 50-foot-wide substation with a new 10-megavolt-amperes
4.16/36.7-kV three-phase step-up transformer; (8) a new 150-foot-long,
70-foot-wide tailrace; and (9) appurtenant facilities. The proposed
project would have an annual generation of 28,000 megawatt-hours.
    Applicant Contact: Michael Rooney, Rye Hildebrand Hydroelectric,
LLC, 100 S Olive Street, West Palm Beach, FL 33401; phone: (412) 400-
4186.
    FERC Contact: Woohee Choi; email: [email protected]; phone:
(202) 502-6336.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at https://ferconline.ferc.gov/eFiling.aspx. Commenters can submit brief comments
up to 6,000 characters, without prior registration, using the eComment
system at https://ferconline.ferc.gov/QuickComment.aspx. You must
include your name and contact information at the end of your comments.
For assistance, please contact FERC Online Support. In lieu of
electronic filing, you may submit a paper copy. Submissions sent via
the U.S. Postal Service must be addressed to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Room 1A, Washington, DC 20426. Submissions sent via any other carrier
must be addressed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852.
The first page of any filing should include docket number P-15276-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-15276) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: July 28, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-16594 Filed 8-2-22; 8:45 am]
BILLING CODE 6717-01-P