[Federal Register: May 22, 2009 (Volume 74, Number 98)]
[Notices]
[Page 24069-24072]
[DOCID:fr22my09-111]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-28043]

Hours of Service (HOS) of Drivers; Renewal of American
Pyrotechnics Association (APA) Exemption From the 14-Hour Rule During
Independence Day Celebrations

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

ACTION: Notice of renewal of exemption; request for comments.

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SUMMARY: FMCSA announces its decision to renew the exemption of the
American Pyrotechnics Association (APA) from FMCSA's regulation that
drivers of commercial motor vehicles (CMVs) may not drive after the
14th hour after coming on duty. The exemption for 61 motor carriers and
approximately 3,000 CMV drivers is applicable during the periods June
28-July 8, 2009, and June 28-July 8, 2010, inclusive. Drivers who
operate CMVs in conjunction with staging fireworks shows celebrating
Independence Day will be allowed to exclude off-duty and sleeper-berth
time of any length from the calculation of the 14 hours. These drivers
will continue to be subject to the 11-hour driving time limit, and the
60- and 70-hour on-duty limits. FMCSA believes that with the terms and
conditions in place, APA members will maintain a level of safety that
is equivalent to, or greater than, the level of safety that would be
obtained by complying with the regulation.

DATES: This renewed exemption is effective during the periods of June
28, 2009, through July 8, 2009, inclusive, and June 28, 2010, through
July 8, 2010, inclusive. The exemption expires on July 9, 2010.
Comments must be received on or before June 8, 2009.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number 2007-28043 by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the Online instructions for submitting comments.
     Telefax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Ave., SE., West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Ave., SE., Washington, DC 20590, between
9 a.m. and 5 p.m., E.T., Monday through Friday, except Federal
holidays.
    Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments and
additional information on the exemption process, see the Public
Participation heading below. Note that all comments received will be
posted without change to  http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov, and follow the
Online instructions for accessing the dockets, or go to the street
address listed above.
    Privacy Act: You may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review the
DOT's complete Privacy Act Statement in the Federal Register published
on April 11, 2000 (65 FR 19476) or you may visit http://
DocketInfo.dot.gov.
    Public Participation: The Federal eRulemaking Portal is available
24 hours each day, 365 days each year. You may obtain electronic
submission and retrieval help and guidelines under the ``help'' section
of the Federal eRulemaking Portal Web site. If you want us to notify
you that we received your comments, please include a self-addressed,
stamped envelope or postcard, or print the acknowledgement page that
appears after submitting comments Online. Comments received after the
comment closing date will be included in the docket, and we will
consider late comments to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas L. Yager, Chief, FMCSA
Driver and Carrier Operations Division, Office of Bus and Truck
Standards and Operations; Telephone:<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31315 and 31136(e), FMCSA may renew an exemption
from the hours of service (HOS) requirements in 49 CFR 395.3(a)(2) for
a 2-year period if it finds ``such exemption would likely achieve a
level of safety that is equivalent to, or greater than, the level that
would be achieved absent such exemption.'' The procedures for
requesting an exemption (including renewals) are prescribed in 49 CFR
part 381. FMCSA has evaluated the APA application for a renewal on its
merits and decided to renew the exemption for the 61 companies
requested for a two-year period. The list of APA member companies
covered by the exemption from 49 CFR 395.3(a)(2) is included as an
Appendix to this Notice.

APA Application for Exemption Renewal

    The HOS rules in 49 CFR 395.3(a)(2) prohibit a property-carrying
CMV driver from driving after the 14th hour after coming on duty
following 10 consecutive hours off duty. APA, a trade association
representing the domestic fireworks industry, has applied for renewal
of an exemption from this subsection. A copy of the request for renewal
is included in the docket referenced at the beginning of this notice. A
copy of APA's original request for exemption, submitted in December
2004, is also in the docket.
    As stated in APA's 2004 request for exemption, the CMV drivers
employed by APA members are trained pyrotechnicians, and hold a
commercial driver's license (CDL) with hazardous materials (HM)
endorsement. They transport fireworks and equipment by CMV on a very
demanding schedule during a brief Fourth of July period, often to
remote locations. After they arrive, the APA drivers set up and stage
fireworks shows.
    In 2007, FMCSA granted this exemption to certain APA members for
property-carrying CMV transportation associated with the Independence
Day fireworks displays in 2007 and 2008. The exemption was limited to
the period from June 28 to July 6, inclusive, in 2007 and 2008 (72 FR
28755, May 22, 2007).
    APA is seeking renewal of this exemption for the 2009 and 2010
Independence Day periods because compliance with the current 14-hour
rule by its members would impose a substantial economic hardship on
numerous cities, towns and municipalities, as well as its member
companies. To meet the demand for fireworks under the current HOS
rules, APA member companies would be required to hire a second driver
for most trips. The result would be a substantial increase in the cost
of the fireworks shows--beyond the means of many of APA's customers--
and that many Americans would be denied this important component of the
celebration of Independence Day.

    APA is requesting that the renewed exemption extend 4 days after
Independence Day in 2009 and 2010, instead of the 2 days as in past
years. This is to take into consideration that Independence Day is on a
weekend in 2009 and 2010, which causes some communities to schedule
their fireworks displays on different dates. This also provides for
``rain dates'' that may be scheduled.

Method To Ensure an Equivalent or Greater Level of Safety

    APA believes that renewal of the exemption will not adversely
affect the safety of the fireworks transportation provided by these
motor carriers. According to the APA, its member motor carriers have
operated under this exemption for four previous Independence Day
periods without a reported motor carrier safety incident. Moreover, it
asserts, without the extra duty-period time provided by the exemption,
safety would decline because APA drivers would be unable to return to
their home base after each show. They would be forced to park the CMVs
carrying HM 1.1G, 1.3G and 1.4G products in areas less secure than the
motor carrier's home base.
    In its original exemption request, APA argued that the operational
demands of this unique industry minimize the risks of CMV crashes. In
the last few days before the Independence Day holiday, these drivers
transport fireworks over relatively short routes from distribution
points to the site of the fireworks display, and normally do so in the
early morning when traffic is light. At the site, they spend
considerable time installing, wiring, and safety-checking the fireworks
displays, followed by several hours off duty in the late afternoon and
early evening prior to the shoot. During this time, the drivers are
able to rest and nap, thereby reducing or eliminating the fatigue
accumulated during the day. After the shoot, they drive the CMV to the
point of origin. This occurs late in the evening, and thus avoids heavy
traffic. Before beginning another duty day, these drivers must take 10
consecutive hours off-duty, the same as other CMV drivers. FMCSA
believes that these APA operations, conducted under the terms and
conditions of this limited exemption, will provide a level of safety
that is equivalent to, or greater than, the level of safety achieved
without the exemption.

Terms and Conditions of the Exemption

Period of the Exemption

    The exemption from the requirements of 49 CFR 395.3(a)(2) is
effective June 28 through July 8, 2009, inclusive, and from June 28
through July 8, 2010, inclusive. The exemption expires on July 9, 2010.

Extent of the Exemption

    This exemption is restricted to drivers employed by the 61
companies, firms and entities listed in the appendix to this notice.
The drivers are entitled to a limited exemption from the requirements
of 49 CFR 395.3(a)(2). This regulation currently prohibits a driver
from driving after the 14th hour after coming on duty and does not
permit off-duty periods to extend the 14-hour limit. Drivers covered by
this exemption may exclude off-duty and sleeper-berth time of any
length from the calculation of the 14-hour limit. This exemption is
contingent on each driver driving no more than 11 hours in a 14-hour
period. The exemption is further contingent on each driver having a
full 10 consecutive hours off duty following 14 hours on duty prior to
beginning a new driving period. The drivers must comply with all other
requirements of 49 CFR part 395.

Preemption

    During the periods the exemption is in effect, no State shall
enforce any law or regulation that conflicts with or is inconsistent
with this exemption with respect to a person or entity operating under
the exemption.

FMCSA Notification

    Exempt motor carriers must notify FMCSA within 5 business days of
any accidents (as defined by 49 CFR 390.5) involving the operation of
any of its CMVs while under this exemption. The notification must
include the following information:
    a. Date of the accident,
    b. City or town, and State, in which the accident occurred, or
which is closest to the scene of the accident,
    c. Driver's name and driver's license number,
    d. Vehicle number and State license number,
    e. Number of individuals suffering physical injury,
    f. Number of fatalities,
    g. The police-reported cause of the accident,
    h. Whether the driver was cited for violation of any traffic laws,
or motor carrier safety regulations, and
    i. The total driving time and the total on-duty time of the CMV
driver at the time of the accident.

Termination

    FMCSA does not believe the motor carriers and drivers covered by
this exemption will experience any deterioration of their safety
record. However, should this occur, FMCSA will take all steps necessary
to protect the public interest, including revocation of the exemption.
FMCSA will immediately revoke the exemption for failure to comply with
its terms and conditions. Exempt motor carriers and drivers are subject
to FMCSA monitoring while operating under this exemption.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA
requests public comments on APA's request for a renewal of its
exemption from the requirements of 49 CFR 395.3(a)(2). FMCSA will
review all comments received and determine whether the renewal of the
exemption is consistent with the requirements of 49 U.S.C. 31315 and
31136(e). Comments received after the comment closing date will be
filed in the public docket and will be considered to the extent
practicable.
    FMCSA believes the requirements for a renewal of an exemption under
49 U.S.C. 31315 and 31136(e) can be satisfied by initially granting the
renewal and then requesting and subsequently evaluating comments
submitted by interested parties.
    Interested parties or organizations possessing information that
would otherwise show that any or all of these APA member companies are
not achieving the requisite statutory level of safety should
immediately notify FMCSA. The Agency will evaluate any information
submitted and, if safety is being compromised or if the continuation of
the exemption is inconsistent with 49 U.S.C. 31315(b)(4) and 31136(e),
FMCSA will immediately take steps to revoke the exemption of the
company or companies and drivers in question.

    Issued on: May 18, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.

Appendix to Notice of Renewal of American Pyrotechnics Association (APA)
  Exemption From the 14-Hour HOS Rule During 2009 and 2010 Independence
                            Day Celebrations
------------------------------------------------------------------------
          Motor carrier                     Address            DOT No.
------------------------------------------------------------------------
Alonzo Fireworks Display, Inc....  12 County Rd 75,               420639
                                    Mechanicsville, NY
                                    12118.
American Promotional Events,       555 North Gilbert              564520
 Inc.--West/TNT Fireworks.          Street, Fullerton, CA
                                    92833.
American Promotional Events,       4511 Helton Drive,            0121384
 Inc.--East Coast/TNT Fireworks.    Florence, AL 35630.
American Promotional Events--      2120 Milwaukee Way,            013086
 Northwest/TNT Fireworks.           Tacoma, WA 98421.
Arrowhead Fireworks Co., Inc.....  3625 Normanna Rd.,             125673
                                    Duluth, MN 55803.
Atlas Enterprises Inc............  6601 Nine Mile Azle Rd.,      0116910
                                    Fort Worth, TX 76135.
Atomic Fireworks.................  3660 W. Sunshine,              130200
                                    Springfield, MO.
Atomic Fireworks.................  999 Sumter Highway,            446835
                                    Bishopville, SC.
Atomic Fireworks.................  P.O. Box 190, South            095166
                                    Pittsburg, TN.
B.J. Alan Company................  555 Martin Luther King,        262140
                                    Jr Blvd., Youngstown,
                                    OH 44502.
Central States Fireworks, Inc....  18034 Kincaid Street,         1022659
                                    Athens, IL 62613.
Colonial Fireworks Company.......  5225 Telegraph Road,           177274
                                    Toledo, OH 43612.
Falcon Fireworks.................  3411 Courthouse Road,         1037954
                                    Guyton, GA 31312.
Fireworks & Stage FX America.....  P.O. Box 488, Lakeside,        908304
                                    CA 92040.
Fireworks by Grucci, Inc.........  1 Grucci Lane,                 324490
                                    Brookhaven, NY 11719.
Fireworks Productions, Inc.......  P.O. Box 294, Maryland         464796
                                    Line, MD.
Garden State Fireworks, Inc......  383 Carlton Road,              435878
                                    Millington, NJ 07946.
Galaxy Fireworks, Inc............  204 E. MLK Jr Blvd.,           809731
                                    Tampa, FL 33603.
Gateway Fireworks Displays.......  P.O. Box 39327, St            1325301
                                    Louis, MO 63139.
Global Pyrotechnics Solutions,     10476 Sunset Drive,           1183902
 Inc.                               Dittmer, MO 63023.
Hamburg Fireworks Display, Inc...  4300 Logan Lancaster           395079
                                    Rd., Lancaster, OH.
Ingram Enterprises dba Fireworks   6597 W. Independence          0268419
 over America.                      Drive, Springfield, MO
                                    65802.
International Fireworks Mfg. Co..  242 Sycamore Road,             385065
                                    Douglasville, PA 19518.
Island Fireworks Company.........  N735 825th St., Hager          414583
                                    City, WI 54014.
J&M Displays, Inc................  18064 170th Ave.,              377461
                                    Yarmouth, IA 52660.
Jake's Fireworks/Fireworks         2311 A West 4th St.,           449599
 Spectacular.                       Pittsburg, KS 66762.
July 4 Ever......................  382 Rock Cut Rd.,              803442
                                    Walden, NY 12586.
Kellner's Fireworks, Inc.........  478 Old Rte 8,                 481553
                                    Harrisville, PA.
Lantis Fireworks and Lasers......  P.O. Box 491, Draper, UT       195428
                                    84202.
Lantis Fireworks, Inc............  130 Sodrac Dr., N Sioux        534052
                                    City, SD 57049.
Legion Fireworks Co., Inc........  10 Legion Lane,                554391
                                    Wappingers Falls, NY
                                    12590.
Lew's Fireworks, Inc.............  45788 U.S. Hwy 212,            333792
                                    Watertown, SD 57201.
Mad Bomber/Planet Productions....  P.O. Box 294, Kingsbury,       777176
                                    IN 46345.
Melrose Display Company..........  7620 Little Mount Rd.,         434586
                                    Taylorsville, KY 40071.
Melrose North Pyrotechnics.......  9405 River Rd., SE.,           434586
                                    Clear Lake, MN 55319.
Melrose Pyrotechnics, Inc........  P.O. Box 302, Kingsbury,       434586
                                    IN 46345.
Melrose South Pyrotechnics.......  4652 Catawga River Rd.,        545033
                                    Catawga, SC 29704.
Montana Display, Inc.............  9480 Inspiration Drive,       1030231
                                    Missoula, MT 59808.
Precocious Pyrotechnics, Inc.....  4420 278th Ave., NW.,          435931
                                    Belgrade, MN 56312.
Pyro Engineering Inc., dba/Bay     110 Route 110, Suite           530262
 Fireworks.                         102, Huntington
                                    Station, NY 11746.
Pyro Shows, Inc..................  701 W. Central Ave.,           456818
                                    LaFollette, TN 37766.
Pyro Spectaculars, Inc...........  3196 N. Locust Ave.,           029329
                                    Rialto, CA 92376.
Pyrotechnics by Presutti, Inc....  P.O. Box 42, St                 51974
                                    Clairsville, OH 43950.
Pyrotecnico......................  302 Wilson Rd., New            526749
                                    Castle, PA 16105.
Pyrotecnico of Louisiana, LLC....  60 West Ct., Mandeville,       548303
                                    LA 70471.
RES Specialty Pyrotechnics.......  21595 286th St., Belle         523981
                                    Plaine, MN 56011.
Rich Brothers Company............  700 S. Marion Rd., Sioux       001356
                                    Falls, SD 57106.
Rozzi's Famous Fireworks, Inc....  11605 North Lebanon Rd.,      0483686
                                    Loveland, OH 45140.
Skyworks, Ltd....................  13513 W. Carrier Rd.,         1421047
                                    Carrier, OK 73727.
Spielbauer Fireworks Co, Inc.....  220 Roselawn Blvd.,            046479
                                    Green Bay, WI 54301.
Stonebraker-Rocky Mountain         5650 Lowell Blvd., Unit       0029845
 Fireworks Co.                      E, Denver, CO 80221.
Thunder Fireworks................  5207 187th St., E,             463284
                                    Tacoma, WA 98446.
Vermont Fireworks Co., Inc./       2235 Vermont Route 14          310632
 Northstar Fireworks Co., Inc.      South, East Montpelier,
                                    VT 05651.
Wald & Co., Inc..................  P.O. Box 319, Greenwood,       087079
                                    MO 64034.
Walt Disney Entertainment........  5700 Maple Road, Lake          148477
                                    Buena Vista, FL 32830.
Western Enterprises, Inc.........  P.O. Box 160, Carrier,         203517
                                    OK 73727.
Western Fireworks, Inc...........  14592 Ottaway Rd., NE.,        838585
                                    Aurora, OR 97002.
Winco Fireworks Int. LLC.........  1992 NW Hwy 50, Lone           259688
                                    Jack, MO.
Wolverine Fireworks Display, Inc.  205 W. Seidlers,               376857
                                    Kawkawlin, MI.
Young Explosives Corp............  P.O. Box 18653,                450304
                                    Rochester, NY.
Zambelli Fireworks MFG Co., Inc..  P.O. Box 1463, New             033167
                                    Castle, PA 16103.
------------------------------------------------------------------------

[FR Doc. E9-12057 Filed 5-21-09; 8:45 am]

BILLING CODE 4910-EX-P


[Federal Register: March 24, 2010 (Volume 75, Number 56)]
[Notices]
[Page 14180]
[DOCID:fr24mr10-86]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1873-DR; Docket ID FEMA-2010-0002]

New Jersey; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of New Jersey (FEMA-1873-DR), dated February 5, 2010, and
related determinations.

DATES: Effective Date: March 10, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Recovery Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, William L.
Vogel, of FEMA is appointed to act as the Federal Coordinating Officer
for this disaster.
    This action terminates the appointment of Stephen M. DeBlasio Sr.
as Federal Coordinating Officer for this disaster.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.)

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-6419 Filed 3-23-10; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 88, Number 198 (Monday, October 16, 2023)]
[Notices]
[Pages 71394-71395]
[FR Doc No: 2023-22738]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2010-0144]

Petition for Extension of Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on September 14, 2023, Akron
Barberton Cluster Railway (ABCR) petitioned the Federal Railroad
Administration (FRA) for an extension of a waiver of compliance from
certain provisions of the federal hours of service laws contained at
title 49 United States Code (U.S.C.) section 21103. The relevant Docket
Number is FRA-2010-0144.Specifically, ABCR requested an extension of
the existing relief from the provisions of 49 U.S.C. 21103(a)(4), which
in part, provides that a train employee may not be required or allowed
to remain or go on duty after that employee has initiated an on-duty
period each day for 6 consecutive days, unless that employee has had at
least 48 hours off duty at the employee's home terminal. ABCR seeks to
continue to allow a train employee to initiate an on-duty period for 6
consecutive days followed by 24 hours off duty. ABCR states that it
employs nine train and engine service employees who would use this
waiver with set hours, set days off, and no layovers at away from home
locations. ABCR further explains that it has support from all employees
for the extension of relief.

    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted at https://www.regulations.gov. Follow the online instructions for submitting
comments.
    Communications received by December 15, 2023 will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable. Anyone can search the electronic
form of any written communications and comments received into any of
our dockets by the name of the individual submitting the comment (or
signing the document, if submitted on behalf of an association,
business, labor union, etc.). Under 5 U.S.C. 553(c), the U.S.
Department of Transportation (DOT) solicits comments from the public to
better inform its processes. DOT posts these comments, without edit,
including any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacy-notice for the
privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2023-22738 Filed 10-13-23; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 87, Number 81 (Wednesday, April 27, 2022)]
[Rules and Regulations]
[Pages 24860-24862]
[FR Doc No: 2022-08896]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0632; Airspace Docket No. 21-ASW-11]
RIN 2120-AA66

Amendment of J-8 and V-140, and Establishment of T-422 in the
Vicinity of Kingfisher, OK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Jet Route J-8 and VHF Omnidirectional Range
(VOR) Federal airway V-140, and establishes Area Navigation (RNAV)
route T-422 in the vicinity of Kingfisher, OK. The Air Traffic Service
(ATS) route modifications are necessary due to the planned
decommissioning of the VOR portion of the Kingfisher, OK, VOR/Tactical
Air Navigation (VORTAC) navigational aid (NAVAID) which provides
navigational guidance for portions of J-8 and V-140. The VOR portion of
the VORTAC is being decommissioned as part of the FAA's VOR Minimum
Operational Network (MON) program.

DATES: Effective date 0901 UTC, July 14, 2022. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11F, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Rules and Regulations Group, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Rules and Regulations
Group, Policy Directorate, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, 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 I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it modifies the route structure as necessary to preserve
the safe and efficient flow of air traffic within the National Airspace
System.

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA-2021-0632 in the Federal Register (86 FR 44671; August 13, 2021),
amending Jet Route J-8 and VOR Federal airway V-140, and establishing
RNAV route T-422 in the vicinity of Kingfisher, OK. The proposed
actions were due to the planned decommissioning of the VOR portion of
the Kingfisher, OK, VORTAC NAVAID. Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal. No comments were received.
    Jet routes are published in paragraph 2004, VOR Federal airways are
published in paragraph 6010(a), and United States RNAV T-routes are
published in paragraph 6011 of FAA Order JO 7400.11F, dated August 10,
2021, and effective September 15, 2021, which is incorporated by
reference in 14 CFR 71.1. The ATS routes listed in this

document will be published subsequently in FAA Order JO 7400.11.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11F, Airspace Designations
and Reporting Points, dated August 10, 2021, and effective September
15, 2021. FAA Order JO 7400.11F is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11F lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    The FAA is amending 14 CFR part 71 to modify Jet Route J-8 and VOR
Federal airway V-140, and establish RNAV route T-422. The
decommissioning of the VOR portion of the Kingfisher, OK, VORTAC has
made this action necessary.
    The ATS route actions are outlined below.
    J-8: J-8 extends between the Needles, CA, VORTAC and the Casanova,
VA, VORTAC. The route segment overlying the Kingfisher, OK, VORTAC
between the Borger, TX, VORTAC and the Springfield, MO, VORTAC is
removed. The unaffected portions of the existing route remain as
charted.
    V-140: V-140 extends between the Panhandle, TX, VORTAC and the
London, KY, VOR/Distance Measuring Equipment (VOR/DME); and between the
Bluefield, WV, VOR/DME and the Casanova, VA, VORTAC. The airway segment
overlying the Kingfisher, OK, VORTAC between the Burns Flat, OK, VORTAC
and the Tulsa, OK, VORTAC is removed. The unaffected portions of the
existing airway remain as charted.
    T-422: T-422 is a new route that extends between the Panhandle, TX,
VORTAC and the Tulsa, OK, VORTAC. This RNAV route mitigates the removal
of the V-140 airway segment between the Burns Flat, OK, VORTAC and the
Tulsa, OK, VORTAC (above) and provides RNAV routing capability between
the Amarillo, TX, area and the Tulsa, OK, area.
    The NAVAID radials listed in the ATS route descriptions below are
unchanged and stated in True degrees.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this 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
Department of Transportation (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.
Since 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.

Environmental Review

    The FAA has determined that this action of modifying Jet Route J-8
and VOR Federal airway V-140, and establishing RNAV route T-422, due to
the planned decommissioning of the VOR portion of the Kingfisher, OK,
VORTAC NAVAID, qualifies for categorical exclusion under the National
Environmental Policy Act (42 U.S.C. 4321 et seq.) and its implementing
regulations at 40 CFR part 1500, and in accordance with FAA Order
1050.1F, Environmental Impacts: Policies and Procedures, paragraph 5-
6.5a, which categorically excludes from further environmental impact
review rulemaking actions that designate or modify classes of airspace
areas, airways, routes, and reporting points (see 14 CFR part 71,
Designation of Class A, B, C, D, and E Airspace Areas; Air Traffic
Service Routes; and Reporting Points). As such, this action is not
expected to result in any potentially significant environmental
impacts. In accordance with FAA Order 1050.1F, paragraph 5-2 regarding
Extraordinary Circumstances, the FAA has reviewed this action for
factors and circumstances in which a normally categorically excluded
action may have a significant environmental impact requiring further
analysis. The FAA has determined that no extraordinary circumstances
exist that warrant preparation of an environmental assessment or
environmental impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

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

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

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

Paragraph 2004 Jet Routes.

* * * * *

J-8 [Amended]

    From Needles, CA; Flagstaff, AZ; Gallup, NM; Fort Union, NM; to
Borger, TX. From Springfield, MO; St Louis, MO; Louisville, KY;
Charleston, WV; INT Charleston 092[deg] and Casanova, VA, 253[deg]
radials; to Casanova.
* * * * *

Paragraph 6010(a) Domestic VOR Federal airways.

* * * * *

V-140 [Amended]

    From Panhandle, TX; to Burns Flat, OK. From Tulsa, OK;
Razorback, AR; Harrison, AR; Walnut Ridge, AR; Dyersburg, TN;
Nashville, TN; Livingston, TN; to London, KY. From Bluefield, WV;
INT Bluefield 071[deg] and Montebello, VA, 250[deg] radials;
Montebello; to Casanova, VA.
* * * * *

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-422 Panhandle, TX (PNH) to Tulsa, OK (TUL) [New]

Panhandle, TX (PNH)                             VORTAC                         (Lat. 35[deg]14'06.22'' N, long. 101[deg]41'56.51'' W)
Burns Flat, OK (BFV)                            VORTAC                         (Lat. 35[deg]14'13.00'' N, long. 099[deg]12'22.20'' W)
BISKT, OK                                       WP                             (Lat. 35[deg]48'18.66'' N, long. 098[deg]00'14.73'' W)
LASTS, OK                                       FIX                            (Lat. 35[deg]59'45.23'' N, long. 097[deg]16'24.76'' W)
GULLI, OK                                       FIX                            (Lat. 36[deg]00'43.02'' N, long. 097[deg]08'39.63'' W)
Tulsa, OK (TUL)                                 VORTAC                         (Lat. 36[deg]11'46.51'' N, long. 095[deg]47'17.13'' W)

    Issued in Washington, DC, on April 21, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-08896 Filed 4-26-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 124 (Thursday, June 27, 2013)]
[Notices]
[Page 38727]
[FR Doc No: 2013-15354]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4116-DR; Docket ID FEMA-2013-0001]

Illinois; Amendment No. 4 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Illinois (FEMA-4116-DR), dated May 10, 2013, and
related determinations.

DATES: Effective Date: June 13, 2013.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Illinois is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of May 10, 2013.

    Carroll, Cass, Greene, Hancock, Lawrence, Monroe, Morgan, Scott,
and Shelby Counties for Public Assistance.
    Calhoun, McDonough, Peoria, Schuyler, Tazewell, and Will
Counties for Public Assistance (already designated for Individual
Assistance).
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2013-15354 Filed 6-26-13; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 86, Number 238 (Wednesday, December 15, 2021)]
[Notices]
[Pages 71317-71318]
[FR Doc No: 2021-27069]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2021-0115]

Pipeline Safety: Information Collection Activities, Gas and
Hazardous Liquid Pipeline Safety Program Performance Progress Report

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, PHMSA
invites comments from affected agencies and members of the public on
the information collection detailed below. PHMSA is preparing to
request Office of Management and Budget (OMB) approval for the renewal
of the information collection covering the Gas Pipeline Safety Program
Performance Progress Report and Hazardous Liquid Pipeline Safety
Program Performance Progress Report currently approved under OMB
control number 2137-0584.

DATES: Interested persons are invited to submit comments on or before
February 14, 2022.

ADDRESSES: Comments may be submitted in the following ways:
    E-Gov Website: http://www.regulations.gov. This site allows the
public to enter comments on any Federal Register notice issued by any
agency.
    Fax: 1-202-493-2251.
    Mail: Docket Management Facility; U.S. Department of Transportation
(DOT), 1200 New Jersey Avenue SE, West Building, Room W12-140,
Washington, DC 20590-0001.
    Hand Delivery: Room W12-140 on the ground level of DOT, West
Building, 1200 New Jersey Avenue SE, Washington, DC, between 9:00 a.m.
and 5:00 p.m., ET, Monday through Friday, except federal holidays.
    Instructions: Identify the docket number, PHMSA-2021-0115 at the
beginning of your comments. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. You should know that anyone is able to
search the electronic form of all comments received into any of our
dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). Therefore, you may want to review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000, (65 FR 19477) or visit http://www.regulations.gov
before submitting any such comments.
    Docket: For access to the docket or to read background documents or
comments, go to http://www.regulations.gov at any time or to Room W12-
140 on the ground level of DOT, West Building, 1200 New Jersey Avenue
SE, Washington, DC, between 9:00 a.m. and 5:00 p.m., ET, Monday through
Friday, except federal holidays. If you wish to receive confirmation of
receipt of your written comments, please include a self-addressed,
stamped postcard with the following statement: ``Comments on: PHMSA-
2021-0115'' The Docket Clerk will date stamp the postcard prior to
returning it to you via the U.S. mail. Please note that due to delays
in the delivery of U.S. mail to federal offices in Washington, DC, we
recommend that persons consider an alternative method (internet, fax,
or professional delivery service) of submitting comments to the docket
and ensuring their timely receipt at DOT.
    Privacy Act Statement: DOT may solicit comments from the public
regarding certain general notices. DOT posts these comments, without
edit, including any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.
    Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments responsive to this notice contain
commercial or financial information that is customarily treated as
private, that you actually treat as private, and that is relevant or
responsive to this notice, it is important that you clearly designate
the submitted comments as CBI. Pursuant to 49 CFR 190.343, you may ask
PHMSA to give confidential treatment to information you give to the
Agency by taking the following steps:

(1) Mark each page of the original document submission containing CBI
as ``Confidential''; (2) send PHMSA, along with the original document,
a second copy of the original document with the CBI deleted; and (3)
explain why the information you are submitting is CBI. Unless you are
notified otherwise, PHMSA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this notice. Submissions containing CBI should be sent to
Angela Hill, DOT, PHMSA, 1200 New Jersey Avenue SE, PHP-30, Washington,
DC 20590-0001. Any commentary PHMSA receives that is not specifically
designated as CBI will be placed in the public docket for this matter.

FOR FURTHER INFORMATION CONTACT: Angela Hill by telephone at 202-366-
1246, by email at [email protected], or by mail at DOT, PHMSA, 1200
New Jersey Avenue SE, PHP-30, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: Section 1320.8(d), Title 5, Code of Federal
Regulations, requires PHMSA to provide interested members of the public
and affected agencies an opportunity to comment on information
collection and recordkeeping requests. This notice identifies the
information collection request that PHMSA will submit to the OMB for
approval.
    The following information is provided below for the impacted
information collection: (1) Title of the information collection; (2)
OMB control number; (3) Current expiration date; (4) Type of request;
(5) Abstract of the information collection activity; (6) Description of
affected public; (7) Estimate of total annual reporting and
recordkeeping burden; and (8) Frequency of collection.
    PHMSA requests comments on the following information collection:
    Title: Gas Pipeline Safety Program Performance Progress Report and
Hazardous Liquid Pipeline Safety Program Performance Progress Report.
    OMB Control Number: 2137-0584.
    Current Expiration Date: 03/31/2022.
    Abstract: Section 60105 of 49 U.S.C. sets forth specific
requirements a state must meet to qualify for certification status to
assume regulatory and enforcement responsibility for intrastate
pipelines. A state must submit an annual performance progress report to
validate responsibility for regulating intrastate pipelines, and states
who receive federal grant funding must also show the state has adequate
damage prevention plans and associated records in place.
    PHMSA uses this information to evaluate a state's eligibility for
federal grants and to enforce regulatory compliance. This information
collection request requires a participating state to annually submit a
Gas Pipeline Safety Program Performance Progress Reports and/or a
Hazardous Liquid Pipeline Safety Program Performance Progress Report to
PHMSA's Office of Pipeline Safety showing compliance with the terms of
the certification and to maintain records detailing a damage prevention
plan. The purpose of the collection is to exercise oversight of the
grant program and to ensure that states are compliant with federal
pipeline safety regulations.
    PHMSA intends to request renewal of this information collection and
to make minor editorial changes to the instructions and definitions
sections of the Gas Pipeline Safety Program Performance Progress Report
and the Hazardous Liquid Pipeline Safety Program Performance Progress
Report in order to update and clarify how participating state agencies
should report the required information.
    Affected Public: State and local governments.
    Annual Reporting and Recordkeeping Burden:
    Total Annual Responses: 117.
    Total Annual Burden Hours: 4,473.
    Frequency of Collection: Annually.
    Comments are invited on:
    (a) The need for the proposed collection of information, including
whether the information will have practical utility in helping the
agency to achieve its pipeline safety goals;
    (b) The accuracy of the agency's estimate 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
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter
35, as amended; and 49 CFR 1.48.

    Issued in Washington, DC, on December 9, 2021, under authority
delegated in 49 CFR 1.97.
John A. Gale,
Director, Standards and Rulemaking Division.
[FR Doc. 2021-27069 Filed 12-14-21; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 82, Number 162 (Wednesday, August 23, 2017)]
[Notices]
[Pages 39987-39988]
[FR Doc No: 2017-17850]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 906-028]

Virginia Electric Power Company, Cushaw Hydro, LLC; Notice of
Application for Transfer of License and Soliciting Comments, Motions To
Intervene, and Protests

    On June 30, 2017, Virginia Electric Power Company (transferor) and
Cushaw Hydro, LLC (transferee) filed an application for the transfer of
license for the Cushaw Hydroelectric Project No. 906, from the
transferor to the transferee. The project is located on the James River
in Bedford and Amherst counties, Virginia. The project occupies Federal
lands administered by the U.S. Forest Service.
    The applicants seek Commission approval to transfer the license for
the Cushaw Hydroelectric Project from the transferor to the transferee.
    Applicant's Contacts: For Transferor: Ms. Cheri Yochelson, Senior
Counsel, Virginia Electric Power Company, c/o Dominion Energy Services,
Inc., 120 Tredegar Street, RS-2, Richmond, VA 23219, Phone: 804-819-
2691, Email<EMAIL_ADDRESS>and Mr. Donald H.
Clarke and Mr. Joshua E. Adrian, c/o Duncan, Weinberg, Genzer &
Pembroke,

P.C., 1615 M Street NW., Suite 800, Washington, DC 20036, Phone: 202-
467-6370, Emails<EMAIL_ADDRESS>and<EMAIL_ADDRESS>    For Transferee: Mr. Mark A. Fendig, Cushaw Hydro, LLC, P.O. Box 13,
Coleman Falls, VA 24536, Phone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>and Mr. Bob Wandrei, c/o Radford & Wandrei, PC, Bedford, VA 24523-1008,
Phone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>    FERC Contact: Patricia W. Gillis,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    Deadline for Filing Comments, Motions To Intervene, and Protests:
30 days from the date that the Commission issues this notice. The
Commission strongly encourages electronic filing. Please file comments,
motions to intervene, and protests using the Commission's eFiling
system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper
copy to: Secretary, Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426. The first page of any filing should
include docket number P-906-028.

    Dated: August 17, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-17850 Filed 8-22-17; 8:45 am]
BILLING CODE 6717-01-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D. C. 20460 OFFICE OF PREVENTION, PESTICIDES AND TOXIC SUBSTANCES April 16, 2002 MEMORANDUM: Response to Comment Document  Phase II LINURON: The HED Chapter of the Tolerance Reassessment Eligibility Decision (TRED) PC Code (035506). Case 0047. DP Barcode D281779 FROM: Carol Christensen, Risk Assessor Reregistration Branch II Health Effects Division (7509C)

THRU: Alan Nielsen, Branch Senior Scientist Reregistration Branch II Health Effects Division (7509C)

TO: Dirk Helder Chemical Review Manager Reregistration Branch II Special Review and Reregistration Division (7508W)

The attached document was generated in response to the comments received from the Linuron registrant Griffin Chemical on March 11 th , 2002. This document was generated as part of Phase II (error only) of the Interim Public Participation Process. The comments pertain to the 3( 3,4 dichlorophenyl) 1 methoxy 1 methylurea or linuron TRED document dated January 30, 2002. HED has acknowledged these comments in the Response to Comment document as well as in an updated version of the HED Chapter of the Linuron TRED document. The responses documented here reflect the Agency's current guidelines and policies concerning risk assessment. This document and the updated HED chapter includes replies from John Punzi on residue chemistry and dietary risk assessment and Robert Fricke concerning toxicology, as well as risk assessment and characterization corrections by Carol Christensen.

Toxicological Considerations: 2 Registrant Comment 1: The first discrepancy is the statement on page 4 that linuron exhibits developmental concerns. On page 3 of the same document it states:

Developmental studies in the rat and rabbit showed no quantitative or qualitative susceptibility in the offspring. … These findings do not indicate increased susceptibility because increases in resorptions were marginal and there was no change in the number of live fetuses to corroborate the increase in post implantation losses.

This is in direct contradiction with the statements that there are developmental toxicity concerns. In addition, the acute dietary endpoint was `derived from the developmental toxicity study in the rat and is based on increases in post implantation loss and litter/ fetal resorptions." (page 5) Although the acute dietary endpoint is correctly set at 12.1 mg/ kg/ day, it should be based on the NOEL for maternal toxicity seen in this study at 12.1 mg/ kg/ day.

Agency Response 1: The following statement in the Hazard Identification and Review Committee (HIARC) report and the HED Chapter of the TRED and is correct.

"The findings... increases in resorptions were marginal and there was no change in the number of live fetuses to corroborate the increase in post implantation losses."

The HIARC felt that the fetal effects were not severe enough to be indicative of qualitative susceptibility. If the fetal effects were more severe, linuron may have shown qualitative susceptibility, even if there was no evidence of quantitative susceptibility (fetal and maternal effects occurred at the same dose). There were toxic effects seen in the developmental toxicity study, however, these effects do not include increased susceptibility of fetuses.

For determination of the Acute RfD, the HIARC concluded that the developmental effects were presumed to occur following a single exposure of females of child bearing age and, therefore, are appropriate for this risk assessment. The reduced body weights and food consumption observed in the maternal animals were not a result of a single exposure. If the fetal NOAEL were higher than the maternal NOAEL, the fetal NOAEL would still be used in establishing the Acute RfD. Therefore, this study and endpoint are appropriate to the acute dietary endpoint.

Registrant Comment 2: The second error was the use of the 3 generation rat study. This study was deemed `supplemental' because it was a non guideline study. Substantial effort was expended by DuPont, the former registrant, to upgrade this study in the late 1980's. The Agency, after multiple responses, would not consider this study as acceptable or guideline compliant (CAS # 004405, Record # 154,911, CAS# 004819, CAS# 005626, CAS# 008113, CAS# 008612). After a meeting held on July 22, 1987, a 3 new 2 generation reproduction study in rats was required. No records of additional scientific reviews can be located which reverses this decision. This new 2 generation study was submitted with subsequent studies to elucidate questionable effects. This study with the amendments was accepted, therefore, this study should be used for regulatory decision making and the rejected study discounted.

The report states on page 4:

A 3 generational study using rats showed reduced body weights and fertility, decreased pup survival, and decreased weanling body, liver and kidney weights, as well as liver atrophy. The Hazard Identification Assessment Review Committee (HIARC) determined that these results illustrate qualitative susceptibility in the rat offspring.

In the discussion of the 3 generational study in the HED Toxicology Disciplinary Chapter the LOEL for systemic toxicity was established at 125 ppm and the NOEL was set at 25 ppm. The offspring toxicity LOEL was established at 625 ppm with the NOAEL at 125 ppm. This was based on decreased pup survival and lower pup body weights. It is clear that this effect was at maternally toxic levels. This is NOT evidence of a qualitative susceptibility in rat offspring.

EPA's position was very clearly stated in the August 15, 1985 rebuttal comments from James N. Rowe. (Record Number 154,911). It states:

"It is apparent that gross and histopathological examinations of the adult rats were not performed by the registrant. Therefore, proper interpretation of the reproductive effects observed in the study cannot be performed."

In addition, meeting minutes from a discussion between DuPont and the Agency's scientists held on July 22, 1987 (in the public docket) make it clear that in addition to the lack of histopathological data, fewer than 20 animals per group were tested which were fewer than guideline specification.

Griffin LLC can only assume an error was made in reviewing the classification of the acceptable/ guideline designation or the study was re evaluated and given a new assessment. If there is a new review, the Agency has not notified the registrant. Regardless, a significant discrepancy exists.

Agency Response 2: The HIARC (TXR No. 0050286, November 20, 2001) used the 2 generation reproduction study in the rat was used to establish the endpoints for short term oral, dermal, and inhalation exposure scenarios. In the 2 generation reproduction study, the NOAEL was established at 5.8 mg/ kg/ day, based on statistically and biologically significant increases in pre mating body weights in F0 and F1 animals. 4 Further, the results of the 3 generation study, in conjunction with those of the 2 generation study, were examined to help inform the Agency` s assessment of susceptibility.

Table 2 of the HED Chapter incorrectly classified the 3 generation reproduction study in the rat (MRID 00146071, 00155168) as acceptable/ guideline. The Registrant is correct in stating that the 3 generation study should be classified as unacceptable/ guideline.

Registrant Comment 3: The third major discrepancy is the determination of a `neurotoxicity' concern. There has never been an Agency concern for neurotoxicity induced by linuron. The Agency previously recognized this in that no acute or subchronic neurotoxicity studies were requested. Linuron has been shown to be an endocrine disruptor. This has never been in question. There is, however, a big difference between the weak anti androgenic activity elicited by linuron and `neuroendocrine' effects referred to by the Agency in this document. No data have been presented by the Agency either from registrant sponsored studies or from the literature which would be a basis for a neurotoxicity concern. This designation of "neuroendocrine effects" has no scientific basis and should be either deleted from the document or supported somewhere in the scientific documents. The request for a developmental neurotoxicity test is not supported by the Agency's own assessment of the science. (see discussion above as it relates to the developmental studies)

Agency Response 3: Linuron causes endocrine disruption, which is a neuro endocrine effect. Classifying linuron as neurotoxicant is too broad and does not accurately describe the neuro endocrine effects– endocrine disruption seen with linuron. References to linuron as a neurotoxicant will be changed to the more accurate term neuro endocrine or endocrine disruptor.

Registrant Comment 4: The fourth major discrepancy is the reference with Linuron (and subsequent regulatory action) to linuron as an inhalation concern. There is essentially no toxicity by the inhalation route. The LD50 is >218 mg/ L or 21.8 g/ M 3 . The MOEs calculated in the Linuron RED of March 1995 were all above 100 and of no concern. These were based on the NOELs (12.1 mg/ kg) from the rat developmental study for the short term assessment and the 2 generation reproduction study (1.25 mg/ kg/ day) for the intermediate term assessment. Because the occupational exposure to a pre emergent herbicide used once per season/ year will not exceed 30 days exposure, there is not a great inhalation risk concern driven by the use patterns. In addition, linuron is neither volatile as an active ingredient nor contains volatiles nor becomes volatile in its formulations. Given the lack of inhalation toxicity and potential for exposure, the request for a 28 day inhalation study is not supported. This is either in error or requires scientific justification.

Agency Response 4: Beyond the scope of error only comments and will be addressed in Phase IV. 5 Residue Chemistry Considerations:

Registrant Comment 5: Page 46. Miscellaneous Commodities "Cotton, seed and gin products For the gin byproducts field trials, information describing the type of equipment used for harvesting in the machine harvest trials must be submitted. In addition, additional cotton gin byproducts field trials must be conducted, such that the requirements of GLN 860.1000 (Table 1) for gin byproducts field trials are fulfilled, or a justification for the substitution of data from field trials reflecting hand harvesting must be submitted."

A response to the issues raised above was submitted to Mr. Tom Myers, Chemical Review Manager. The letter of transmittal is dated January 14, 2002 and was sent via FedEx on this date. Our records indicate that this response was received on January 16.

Agency Response 5: The registrant states that a response to the issues raised in the chapter was submitted to Mr. Tom Myers, CRM, on January 14, 2002. This document is identified as additional information to MRID 45302201 (d280653) without an MRID.

The registrant has submitted justification for hand harvesting samples of cotton gin trash and has supplied the requested information describing the machinery used in harvesting. Although the field trial data are not consistent with current guideline for geographic distribution, since the use of Linuron is limited to east of the rocky mountains the data submitted represent nearly 90% of the growing regions. The data requirement for a tolerance for cotton gin trash is satisfied and a tolerance of 10 ppm will be recommended.

Registrant Comment 6: Page 47. Magnitude of the Residue in Processed Food/ Feed "The 2/ 94 RED and 2/ 95 RED Addendum concluded that additional data were required to upgrade an existing potato processing study (S. Knizner, 9/ 2/ 92); these data remain outstanding."

A response to the memorandum from Steven A. Knizer to Lois Rossi was submitted to the Agency on February 14, 2000. Our records show that the response was received by the Agency on February 18, 2000. The information requested for upgrading this study was included in the submittal.

Agency's Response 6: The registrant claims to have submitted a response on February 14, 2000 to the memorandum from Steven Knizer to Lois Rossi (09/ 02/ 1992) upgrading the potato processing study. The registrant has identified the response only by date. The document in question cannot be located without a MRID number. If the registrant can provide the Agency with a copy of the original February 14, 2000 document or an MRID number it will be reviewed. 6 Drinking Water Considerations Registrant Comment 7: The Agency used the IR PCA PRZM/ EXAM model that has never been validated and has been proven to grossly overestimate residues in drinking water. It is stated in the document that "Modeling results are higher than those from existing surface water monitoring data for linuron targeted to the pesticide use area". Percent Crop Area (PCA) was used in the modeling of linuron on carrots. PCA is only applicable to major crops and carrots in the San Joaquin –Tulare Basins is not considered a major crop. Data from the 1992 Census of Agriculture were used to generate the PCA's and recent changes in the agriculture sector has significantly impacted the distribution of crops throughout the US. We feel that the IR PCA PRZM/ EXAM model is not a valid modeling system for estimating residues in drinking water and that the inputs into the model are not valid. The results from this model misrepresent the actual residues that occur in drinking water. Monitoring data cited by the Agency much more accurately reflects linuron residues in drinking water.

Agency Response 7: These comments are beyond the scope of error only comments and will be addressed in the Public Comment Phase (Phase III) of the public participation process.

Registrant Comment 8: The Agency recommended that 5 ppb of linuron be used in the drinking water assessment based on monitoring data cited.

It is recommended in this document that 5 ppb be used in the drinking water assessment in ground water. Data cited in the review show that the highest residue in drinking water was 5 ppb. We recommend that the Agency use in their drinking water assessment an average residue from the water monitoring data. Data cited by the Agency from a USGS NAWQA monitoring study show linuron residues were detected in only 0.11% of the 924 samples analyzed. The maximum concentration was 0.029 ppb. In another study cited, linuron residues were present in 29% of the 377 analyses. The highest residue from this monitoring study was 5 ppb. Again, the Agency is using a value that grossly overestimates linuron residues in drinking water. If an average residue value is used, then the estimated exposure would be <1 ppb.

Additional monitoring data can be found at the following website: http:// water. wr. usgs. gov/ pnsp/ pestgw/

In this monitoring program, water samples were collected from 1243 wells and 1849 aquifers located in agricultural areas. Linuron residues were detected in 0.16% of the wells and 0.05% of the aquifers. The maximum linuron residue detected in these water samples was 0.03 ppb. Water samples were also collected from 643 wells in urban areas and no residues were detected in any of the water samples analyzed.

Agency Response 8: These comments are beyond the scope of error only comments and 7 will be addressed in the Public Comment Phase (Phase III) of the public participation process.


[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)]
[Notices]
[Pages 76969-76970]
[FR Doc No: 2015-31213]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. CP16-21-000; Docket No. PF14-22-000]

Tennessee Gas Pipeline Company, L.L.C; Notice of Application

    Take notice that on November 20, 2015, Tennessee Gas Pipeline
Company, L.L.C. (Tennessee), 1001 Louisiana Street, Houston, Texas
77002, filed an application pursuant to sections 7(b) and 7(c) of the
Natural Gas Act (NGA) and the Federal Energy Regulatory Commission
(Commission) seeking authority to (i) construct, install, modify, and
operate certain pipeline and compression facilities to be located in
Pennsylvania, New York, Massachusetts, New Hampshire, and Connecticut,
and (ii) to abandon certain facilities, as part of the Northeast Energy
Direct Project (NED Project), as described in more detail below.
Tennessee proposes to provide up to 1.3 billion cubic feet per day
(Bcf/d) of firm capacity at a cost of approximately $5.2 billion
dollars, all as more fully set forth in the application. The filing is
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://www.ferc.gov using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. There is an
``eSubscription'' link on the Web site that enables subscribers to
receive email notification when a document is added to a subscribed
docket(s). For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.
    Specifically, the NED Project includes two components: (1) The
Supply Path Component, which is comprised of facilities from Troy,
Pennsylvania, to Wright, New York (Supply Path Component), and (2) the
Market Path Component, which is comprised of facilities from Wright,
New York, to Dracut, Massachusetts (Market Path Component). The Supply
Path Component facilities include: (i) Approximately 174 miles of
pipeline facilities in Pennsylvania and New York of which approximately
41 miles will be looped, (ii) three new compressor stations totaling
153,500 horsepower (hp), (iii) modifications to one existing compressor
station, (iv) two new meter stations, and (v) various appurtenant
facilities. The Market Path Component facilities include: (i)
Approximately 188 miles of mainline pipeline facilities in New York,
Massachusetts, and New Hampshire, (ii) approximately 58 miles of
lateral and pipeline looping, including a total of five delivery
laterals in Massachusetts and New Hampshire, one pipeline loop in
Connecticut, (iii) six new compressor stations totaling 207,600 hp,
(iv) construction of 13 new meter stations, (v) modification of 14
existing meter stations, and (vi) various appurtenant facilities.
    Any questions regarding the proposed project should be directed to
Jacquelyne M. Rocan, Assistant General Counsel, at Tennessee Gas
Pipeline Company, L.L.C., 1001 Louisiana Street, Houston, Texas 77002
or at<PHONE_NUMBER> (phone), or<PHONE_NUMBER> (facsimile), or email:
<EMAIL_ADDRESS>or Shannon M. Miller, Regulatory
Affairs, Tennessee Gas Pipeline Company, L.L.C., 1001 Louisiana Street,
Houston, Texas 77002, or at<PHONE_NUMBER> (phone), or<PHONE_NUMBER>
(facsimile), or email<EMAIL_ADDRESS>    On October 2, 2014, Commission staff granted Tennessee's request to
utilize the National Environmental Policy Act (NEPA) Pre-Filing Process
and assigned Docket No. PF14-22-000 to staff activities involving the
project. Now, as of the filing of this application on November 20,
2015, the NEPA Pre-Filing Process for this project has ended. From this
time forward, this proceeding will be conducted in Docket No. CP16-21-
000 as noted in the caption of this Notice.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice, the Commission staff will issue a Notice
of Schedule for Environmental Review. If a Notice of Schedule for
Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) for this proposal. The
issuance of a Notice of Schedule for Environmental Review will serve to
notify federal and state agencies of the timing for the completion of
all necessary reviews, and the subsequent need to complete all federal
authorizations within 90 days of the date of issuance of the Commission
staff's FEIS.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 7 copies of filings made in the proceeding with the Commission
and must mail a copy to the applicant and to every other party. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at

http://www.ferc.gov. Persons unable to file electronically should
submit an original and 5 copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    Comment Date: January 6, 2016.

    Dated: December 7, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-31213 Filed 12-10-15; 8:45 am]
BILLING CODE 6717-01-P