[Federal Register Volume 86, Number 12 (Thursday, January 21, 2021)]
[Rules and Regulations]
[Pages 6243-6244]
[FR Doc No: 2021-01019]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

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

Federal Register / Vol. 86, No. 12 / Thursday, January 21, 2021 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0871; Airspace Docket No. 20-AGL-32]
RIN 2120-AA66

Amendment of Class D and Class E Airspace and Revocation of Class
E Airspace; Muskegon, MI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Class D and Class E airspace and
revokes the Class E airspace designated as an extension to Class D and
Class E surface areas at Muskegon County Airport, Muskegon, MI. This
action is the result of an airspace review caused by the
decommissioning of the Muskegon VHF omnidirectional range (VOR)
navigation aid as part of the VOR Minimum Operational Network (MON)
Program. The geographic coordinates of the airport are also being
updated to coincide with the FAA's aeronautical database.

DATES: Effective 0901 UTC, April 22, 2021. The Director of the Federal
Register approves this incorporation by reference action under Title 1
Code of Federal Regulations part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11E, 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 Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11E at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

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
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 amends the Class D airspace, the Class E surface airspace, and
the Class E airspace extending upward from 700 feet above the surface,
and revokes the Class E airspace designated as an extension to Class D
and Class E surface areas at Muskegon County Airport, Muskegon, MI, to
support instrument flight rule operations at this airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (85 FR 67319; October 22, 2020) for Docket No. FAA-2020-0871
to amend the Class D and Class E airspace and revoke the Class E
airspace designated as an extension to Class D and Class E surface
areas at Muskegon County Airport, Muskegon, MI. Interested parties were
invited to participate in this rulemaking effort by submitting written
comments on the proposal to the FAA. No comments were received.
    Class D and E airspace designations are published in paragraph
5000, 6002, 6004, and 6005, respectively, of FAA Order 7400.11E, dated
July 21, 2020, and effective September 15, 2020, which is incorporated
by reference in 14 CFR 71.1. The Class D and E airspace designations
listed in this document will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020, and effective September 15,
2020. FAA Order 7400.11E is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11E lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71:
    Amends the Class D airspace to within a 4.3-mile (increased from a
4.2-mile) radius of Muskegon County Airport, Muskegon, MI; updates the
geographic coordinates of the airport to coincide with the FAA's
aeronautical database; and replaces the outdated term ``Airport/
Facility Directory'' with ``Chart Supplement'';
    Amends the Class E surface area to within a 4.3-mile (increased
from a 4.2-mile) radius of Muskegon County Airport; removes the
extension as it is no longer required; and replaces the outdated term
``Airport/Facility Directory'' with ``Chart Supplement'';
    Revokes the Class E airspace area designated as an extension to
Class D and Class E surface areas at Muskegon County Airport as it is
no longer required;
    And amends the Class E airspace extending upward from 700 feet
above the surface at Muskegon County Airport by removing the Muskegon
VORTAC and associated extensions as they are no longer required;
removes the extensions southeast and northwest of the airport as they
are no longer required; and updates geographic coordinates of the
airport to coincide with the FAA's aeronautical database.
    This action is the result of an airspace review caused by the
decommissioning of the Muskegon VOR, which provided navigation
information for the instrument procedures at this airport, as part of
the VOR MON Program.
    FAA Order 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, is
non-controversial and unlikely to result in adverse or negative
comments. 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. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does 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 qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of 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 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 7400.11E,
Airspace Designations and Reporting Points, dated July 21, 2020, and
effective September 15, 2020, is amended as follows:

Paragraph 5000. Class D Airspace.

* * * * *

AGL MI D Muskegon, MI [Amended]

Muskegon County Airport, MI
    (Lat. 43[deg]10'04'' N, long. 86[deg]14'08'' W)

    That airspace extending upward from the surface to and including
3,100 feet MSL within a 4.3-mile radius of Muskegon County Airport.
This Class D airspace area is effective during the specific dates
and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Chart Supplement.

Paragraph 6002. Class E Airspace Areas Designated as a Surface
Area.

* * * * *

AGL MI E2 Muskegon, MI [Amended]

Muskegon County Airport, MI
    (Lat. 43[deg]10'04'' N, long. 86[deg]14'08'' W)

    Within a 4.3-mile radius of the Muskegon County. This Class E
airspace area is effective during the specific dates and times
established in advance by a Notice to Airman. The effective date and
time will thereafter be continuously published in the Chart
Supplement.

Paragraph 6004. Class E Airspace Areas Designated as an Extension
to a Class D or Class E Surface Area.

* * * * *

AGL MI E4 Muskegon, MI [Remove]

Paragraph 6005. Class E Airspace Areas Extending Upward from 700
feet or More Above the Surface of the Earth.

* * * * *

AGL MI E5 Muskegon, MI [Amended]

Muskegon County Airport, MI
    (Lat. 43[deg]10'04'' N, long. 86[deg]14'08'' W)
Grand Haven Memorial Airpark, MI
    (Lat. 43[deg]02'03'' N, long. 86[deg]11'53'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.8-mile radius of the Muskegon County Airport, and within
a 6.4-mile radius of the Grand Haven Memorial Airpark.

    Issued in Fort Worth, Texas, on January 13, 2021.
Martin A. Skinner,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2021-01019 Filed 1-19-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 31 (Thursday, February 14, 2013)]
[Notices]
[Pages 10647-10649]
[FR Doc No: 2013-03394]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68887; File No. SR-CBOE-2013-017]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend the Fees Schedule

February 8, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on February 1, 2013, Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange is proposing to amend the Fees Schedule. The text of
the proposed rule change is available on the Exchange's Web site
(http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the
Exchange's Office of the Secretary, and at the Commission.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend its Fees Schedule. Specifically, the
Exchange proposes to amend its Volume Incentive Program (``VIP''),
through which the Exchange credits each Trading Permit Holder (``TPH'')
the per contract amount resulting from each public customer (``C''
origin code) order transmitted by that TPH which is executed
electronically on the Exchange in all multiply-listed option classes
(excluding Qualified Contingent Cross (``QCC'') trades and executions
related to contracts that are routed to one or more exchanges in
connection with the Options Order Protection and Locked/Crossed Market
Plan referenced in Rule 6.80), provided the TPH meets certain volume
thresholds in a month. The proposed changes are to take effect on
February 1, 2013.
    First, the Exchange proposes to change the different fee tier
thresholds in the VIP. Currently, qualification for the different fee
rates at different tiers in the VIP is based on a TPH's percentage of
national customer volume in multiply-listed options monthly. The
current qualification tiers are set to, in ascending order, 0 through
0.75%,\3\ above 0.75% through 2.25%, above 2.25% through 3.50%, above
3.50% through 5.00%, and above 5.00%. The purpose of the change is to
eliminate the fifth qualification tier and adjust the threshold
percentages for tier one through tier four. The Exchange is proposing
to amend the tiers to be, in ascending order, 0 through 0.75%, above
0.75% through 2.00%, above 2.00% through 2.75%, and above 2.75%.
Lowering the upper thresholds in the second and third tiers, along with
the corresponding lower thresholds in the third and fourth tiers,
allows for a greater number or participants to achieve a higher payment
in the VIP Program.
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    \3\ Each tier is based on the percentage of total national
customer volume in multiply-listed options monthly.
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    The Exchange also proposes to change the amounts of the credits in
the tiers of the VIP. The credit in the second tier will be increased
from $0.07 per contract to $0.10 per contract, the credit in the third
tier will be decreased from $0.12 per contract to $0.11 per contract,
and the credit in the fourth tier will decrease from $0.18 to $0.14 per
contract. Going forward, the relative volume thresholds and credit
amounts will be as follows:

------------------------------------------------------------------------
  Percentage thresholds of  national customer volume in    Per contract
       multiply-listed options  classes (monthly)             credit
------------------------------------------------------------------------
0%-0.75%................................................           $0.00
Above 0.75%-2.00%.......................................            0.10
Above 2.00%-2.75%.......................................            0.11
Above 2.75..............................................            0.14
------------------------------------------------------------------------

The purpose of increasing the credit in the second tier and decreasing
the credits in the third and fourth tiers is to rationalize the
opportunity to receive a credit under the VIP across a broader set of
participants. Lowering the credit in the third and fourth tiers allows
the Exchange to make up for lowering the thresholds in tier two through
tier four.
    Next, the Exchange is proposing to eliminate the VIP credit of
$0.10 per contract at every tier in VIP. Currently this $0.10 credit is
given at every tier, including the $0.00 tier, on each leg, for
customer, complex multiply-listed options contracts, when executed
electronically against a non-public customer origin. The Exchange is
proposing to eliminate this additional credit. Eliminating this credit
allows the Exchange to make up for threshold and credit adjustments as
proposed above.
    Finally, the Exchange is proposing to add to the notes on the VIP
table. The Exchange is proposing to amend the section of the ``Notes''
on the VIP table to state that the VIP payment will be calculated from
the first executed contract at the applicable threshold per contract
credit. Stated in a different way, VIP payments will be made at the
highest achieved tier for each contract executed in that month. Under
the current VIP, VIP payments are made for the number of applicable
contracts executed in each tier. For example, if TPH Firm XYZ executes
2.50% of the total national customer volume in the month of April, XYZ
would receive a $0.00 credit for the contracts at 0.75% of the market
and below, a credit of $0.10 \4\ for the contracts above 0.75% through
2.00% of the market, and $0.11 for each contract above 2.00% of the
market through the total 2.50% of the market. In the proposed VIP
Program, XYZ will receive a credit of $0.11 for each contract executed
in the month of

April. The purpose of the proposed change is to provide a greater
incentive to direct greater customer trade volume to the Exchange to
achieve a greater monthly percentage and receive a greater credit for
all executed contracts at the greatest level achieved.
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    \4\ For sake of the example, credit amounts being applied are
the proposed credit changes as mentioned above.
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\5\ Specifically, the
Exchange believes the proposed rule change is consistent with Section
6(b)(4) of the Act,\6\ which provides that Exchange rules may provide
for the equitable allocation of reasonable dues, fees, and other
charges among its Trading Permit Holders and other persons using its
facilities.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes that the proposed changes to amend the fee
tier thresholds in the VIP are reasonable. Specifically, decreasing the
upper thresholds in the second and third tiers, and thus the
corresponding lower thresholds in third and fourth tiers, is reasonable
because the slight changes are designed to provide TPHs a greater
ability to reach higher tiers. These changes are equitable and not
unfairly discriminatory because they will be applied to all TPHs. The
Exchange believes that the proposed changes to increase the credit in
the second tier of the VIP and decrease the credits in the third and
fourth tiers each are reasonable. In the case of the increase in the
credit for the second tier, the change will allow TPHs who reach the
percentage threshold in that tier to receive an increased credit for
doing so. In the case of the decrease in the credit for the third and
fourth tiers, the change will still allow TPHs who reach the percentage
threshold in that tier to receive a credit which is higher than such
TPH would receive in the tier immediately below it. These changes are
equitable and not unfairly discriminatory because they will be applied
to all TPHs.
    The proposed changes to eliminate the VIP credit of $0.10 per
contract at every tier in VIP is reasonable given the other proposed
lower threshold and credits in the VIP. Though the Exchange is
eliminating the additional credit, through the proposed changes, TPHs
have a greater ability to reach higher tiers. Thus, eliminating the fee
[sic] is reasonable when coupled with the other changes to the VIP. The
elimination of this credit is equitable and not unfairly discriminatory
as it applies to all TPHs. Finally, the Exchange believes that amending
the Notes Section of the VIP is reasonable because it allows TPHs to
receive a greater credit by applying the greatest credit obtained to
all trades done in that particular month. This change is equitable and
not unfairly discriminatory because it will be applied to all TPHs.
    Moreover, the purpose of all of the proposed changes is to
encourage the sending and electronic execution of customer multiply-
listed options volume to the Exchange. This increased volume creates
greater trading opportunities that benefit all market participants
(including TPHs that do not reach the higher-credit tiers in the VIP).
Further, the increased volume and improved trading opportunities will
provide such TPHs with a better opportunity to reach the higher-credit
tiers in the VIP.

B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. To the extent that some of the
changes to the VIP may attract greater trading volume to CBOE (and away
from other exchanges), the Exchange does not believe the proposed
changes will impose any burden on intermarket competition. The Exchange
notes that, should the proposed changes make CBOE more attractive for
trading, market participants trading on other exchanges can always
elect to become TPHs on CBOE. Further, the Exchange exists in a
competitive marketplace, and to the extent that these proposed changes
make other exchanges less competitive with CBOE, market participants
trading on those other exchanges can elect to trade on CBOE.
    The Exchange does not believe the proposed changes will impose any
burden on intramarket competition. Though the proposed changes only
benefit TPHs that meet the VIP thresholds, the purpose of all of the
proposed changes is to encourage the sending and electronic execution
of customer multiply-listed options volume to the Exchange. This
increased volume creates greater trading opportunities that benefit all
market participants (including TPHs that do not reach the higher-credit
tiers in the VIP). Further, the proposed changes apply to all TPHs.
    The Exchange does not believe that the proposed changes to
eliminate the VIP credit of $0.10 per contract at every tier in VIP
will impose any burden on intermarket competition because the change is
minimal and the VIP program already gives a credit to qualifying TPHs.
Further, to the extent that any change in intramarket competition may
result from this change, such possible change is justifiable and offset
because the changes to such fees are designed to attract greater
customer order flow to the Exchange. This would bring greater liquidity
to the market, which benefits all market participants. The Exchange
does not believe that the elimination of the additional $0.10 credit
will cause any unnecessary burden on intermarket competition because
the changes are minimal and only apply to certain TPHS that qualify for
the VIP.
    The Exchange also notes that it operates in a highly-competitive
market in which market participants can readily direct order flow to
competing venues if they deem fee levels at a particular venue to be
excessive. The proposed rule change reflects a competitive pricing
structure designed to incent market participants to direct their order
flow to the Exchange, and the Exchange believes that such structure
will help the Exchange remain competitive with those fees and rebates
assessed by other venues.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange neither solicited nor received comments on the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \7\ and paragraph (f) of Rule 19b-4 \8\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act.

Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2013-017 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-CBOE-2013-017. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2013-017, and should be
submitted on or before March 7, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-03394 Filed 2-13-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: February 29, 2008 (Volume 73, Number 41)]
[CORRECTIONS]
[Page 11192]
[DOCID:fr29fe08-154]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2004-19856]

Pipeline Safety: Updated Notification of the Susceptibility to
Premature Brittle-Like Cracking of Older Plastic Pipe

Correction

    In notice document 07-4309 beginning on page 51301 in the issue of
Thursday, September 6, 2007 make the following corrections:
    1. On page 51302, in the second column, in the first paragraph, in
the fourth line, ``county's'' should read ``country's''.
    2. On the same page, in the second column, in the last paragraph,
in the second line, ``future'' should read ``further''.
    3. On the same page, in the third column, in the second full
paragraph, in the 18th line, the phrase ``is used which'' should only
appear once.

[FR Doc. C7-4309 Filed 2-28-08; 8:45 am]

BILLING CODE 1505-01-D


[Federal Register Volume 77, Number 21 (Wednesday, February 1, 2012)]
[Rules and Regulations]
[Pages 4903-4908]
[FR Doc No: 2012-2216]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2010-0053; FRL-9333-5]

Trichoderma virens strain G-41; Exemption From the Requirement of
a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of Trichoderma virens strain G-41 in or on
all food commodities when applied as a fungicide and used in accordance
with good agricultural practices. BioWorks, Inc., submitted a petition
to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA),
requesting an exemption from the requirement of a tolerance. This
regulation eliminates the need to establish a maximum permissible level
for residues of Trichoderma virens strain G-41 under the FFDCA.

DATES: This regulation is effective February 1, 2012. Objections and
requests for hearings must be received on or before April 2, 2012, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2010-0053. All documents in the
docket are listed in the docket index available at http://www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the Office of Pesticide Programs (OPP) Regulatory Public
Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal
Dr., Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Jeannine Kausch, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; 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.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also

be affected. The North American Industrial Classification System
(NAICS) codes have been provided to assist you and others in
determining whether this action might apply to certain entities. If you
have any questions regarding the applicability of this action to a
particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.

B. How can I 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://ecfr.gpoaccess.gov/cgi/t/text/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl. To access the harmonized test guidelines referenced in
this document electronically, please go to http://www.epa.gov/ocspp and
select ``Test Methods and Guidelines.''

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-2010-0053 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
April 2, 2012. 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 that does not contain any 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 a copy of
your non-CBI objection or hearing request, identified by docket ID
number EPA-HQ-OPP-2010-0053, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: OPP Regulatory Public Docket (7502P), Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.

II. Background and Statutory Findings

    In the Federal Register of March 10, 2010 (75 FR 11171) (FRL-8810-
8), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance
petition (PP 9F7618) by Technology Sciences Group, Inc., on behalf of
BioWorks, Inc., 100 Rawson Rd., Suite 205, Victor, NY 14564. The
petition requested that 40 CFR part 180 be amended by establishing an
exemption from the requirement of a tolerance for residues of
Trichoderma virens strain G-41. This notice referenced a summary of the
petition prepared by the petitioner, BioWorks, Inc., which is available
in the docket via http://www.regulations.gov. There were no comments
received in response to the notice of filing.
    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings but does not include
occupational exposure. Pursuant to section 408(c)(2)(B) of FFDCA, in
establishing or maintaining in effect an exemption from the requirement
of a tolerance, EPA must take into account the factors set forth in
section 408(b)(2)(C) of FFDCA, which require EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a 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, section 408(b)(2)(D) of FFDCA 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 performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. First, EPA determines the
toxicity of pesticides. Second, EPA examines exposure to the pesticide
through food, drinking water, and through other exposures that occur as
a result of pesticide use in residential settings.

III. Toxicological Profile

    Consistent with section 408(b)(2)(D) of FFDCA, EPA has reviewed the
available scientific data and other relevant information in support of
this action and considered its validity, completeness, and reliability
and the relationship of this information to human risk. EPA has also
considered available information concerning the variability of the
sensitivities of major identifiable subgroups of consumers, including
infants and children.

A. Overview of Trichoderma virens strain G-41

    Trichoderma species are common soil hyphomycetes found in all
climate zones ranging from Antarctica to the tropics (Ref. 1). Since
1989, several Trichoderma species (e.g., Trichoderma polysporum,
Trichoderma viride, and Trichoderma harzianum) have been used in
pesticide products--notably without reported incidents--to control
various fungal plant pathogens such as Pythium species, Phytophthora
species, Heterobasidion annosum, and Chondrostereum purpureum. In
conjunction with the registration of some of these pesticide products,
EPA established the following exemptions from the requirement of a
tolerance:
    1. Gliocladium virens strain GL-21 (now recognized as Trichoderma
virens strain GL-21) (40 CFR 180.1100)--see the Federal Register of
September 20, 1995 (60 FR 48657) (FRL-4974-1) and October 5, 1995 (60
FR 52248) (FRL-4974-1).
    2. Trichoderma harzianum Rifai strain T-22 (40 CFR 180.1102)--see
the Federal Register of April 7, 1999 (64 FR 16856) (FRL-6070-3).
    3. Trichoderma harzianum strain T-39 (40 CFR 180.1201)--see the
Federal Register of June 22, 2000 (65 FR 38753) (FRL-6383-7).
    4. Trichoderma gamsii strain ICC 080 (40 CFR 180.1293)--see the
Federal Register of February 25, 2010 (75 FR 8504) (FRL-8799-4).
    5. Trichoderma asperellum strain ICC 012 (40 CFR 180.1294)--see the
Federal Register of March 3, 2010 (75 FR 9527) (FRL-8800-9).

    6. Trichoderma hamatum isolate 382 (40 CFR 180.1298)--see the
Federal Register of July 23, 2010 (75 FR 43072) (FRL-8835-6).
    Specifically, Trichoderma virens, including strain G-41, is a
naturally occurring fungus that is native to the United States and is
widely distributed throughout the world, inhabiting forest,
agricultural, and orchard soils, as well as plant litter (Ref. 2).
Trichoderma virens strain G-41 was isolated from soil samples taken
from Aphanomyces-suppressive fields in Livingston County, New York.
Much like other Trichoderma species, Trichoderma virens strain G-41
inhibits or kills certain plant-pathogenic fungi (e.g., Rhizoctonia
species and Fusarium species) through competition for food and space,
mycoparasitism, antibiosis, and induction of plant defense responses
(Refs. 1, 2, 3, and 4).

B. Microbial Pesticide Toxicology Data Requirements

    All applicable mammalian toxicology data requirements supporting
the request for an exemption from the requirement of a tolerance for
residues of Trichoderma virens strain G-41 in or on all food
commodities have been fulfilled with data submitted or cited by the
petitioner.
    The petitioner conducted several acute toxicological tests with
Trichoderma virens strain G-41 or a substance containing Trichoderma
virens strain G-41. The acute oral toxicity/pathogenicity test
evaluated the potential toxicity and pathogenicity of the active
ingredient should dietary exposure occur. The acute dermal toxicity and
primary dermal irritation tests evaluated the potential for a substance
containing the active ingredient to cause toxicity or irritation should
skin exposure occur. The acute inhalation toxicity test evaluated the
potential for a substance containing the active ingredient to cause
toxicity should inhalation exposure occur. The results of these studies
revealed little to no toxicity or irritation attributed to Trichoderma
virens strain G-41, and all these studies received a Toxicity Category
IV classification (see 40 CFR 156.62). Moreover, when the skin was
bypassed as a protective barrier during an acute injection toxicity/
pathogenicity test, Trichoderma virens strain G-41 was not found to be
toxic, infective, and/or pathogenic via the intraperitoneal route of
exposure. Finally, the petitioner has reported that no hypersensitivity
incidents occurred during development and testing of this fungus.
    With its petition, BioWorks, Inc., also cited to toxicological data
done with a similar, previously registered strain of Trichoderma
virens, GL-21 (Refs. 1, 3, 4, and 5). Although GL-21 and G-41 are not
identical, the two strains share many characteristics typical of
Trichoderma virens (e.g., particular morphological features, production
of certain enzymes involved in mycoparasitism, and weak growth at the
temperature of the human body (37[deg]C)), and thus are considered to
be functionally similar (Ref. 4). Based on these similarities, EPA
concluded that data on Trichoderma virens strain GL-21 would be
representative of the toxicological nature of Trichoderma virens strain
G-41 (Ref. 6). These additional data on Trichoderma virens strain GL-21
confirmed (i.e., no toxicity observed) and contributed (i.e., no
pathogenicity anticipated) to the findings of the acute oral toxicity/
pathogenicity study mentioned above and fulfilled the acute pulmonary
toxicity/pathogenicity data requirement for Trichoderma virens strain
G-41.
    The overall conclusions from all toxicological information
submitted and cited by the petitioner are briefly described below,
while more in-depth synopses of some study results can be found in the
associated Biopesticides Registration Action Document provided as a
reference in Unit IX. (Ref. 5).
    1. Acute oral toxicity/pathogenicity--rat (Harmonized Guideline
885.3050; Master Record Identification Numbers (MRID Nos.) 483438-01
and 407198-04). The petitioner submitted or cited to data resulting
from two separate acute oral toxicity/pathogenicity tests, one
conducted with Trichoderma virens strain G-41 and the other conducted
with Trichoderma virens strain GL-21. The results of the first study
demonstrated that Trichoderma virens strain G-41 was not toxic to rats
when administered by oral gavage in a single dose of 1.5 x 10\8\
colony-forming units (cfu)/animal. Although a pattern of clearance was
established, the sensitivity of detection indicated low recovery of
Trichoderma virens strain G-41 from tissues and fluids (i.e., 0.5-9%).
Thus, pathogenicity was not unequivocally assessed. The second study
demonstrated that Trichoderma virens strain GL-21, a strain that is
functionally similar to Trichoderma virens strain G-41, was not toxic
to, infective in, or pathogenic for rats when given a single oral dose
of 10\8\ cfu/animal and adequately addressed the pathogenicity endpoint
that could not be fully assessed in the first study. The weight-of-
evidence from the results of these two studies indicates that
Trichoderma virens strain G-41 is not acutely toxic and/or pathogenic
through the oral route of exposure.
    2. Acute pulmonary toxicity/pathogenicity--rat (Harmonized
Guideline 885.3150; MRID Nos. 407198-05 and 408640-02). An acute
pulmonary toxicity/pathogenicity study demonstrated that Trichoderma
virens strain GL-21, a functionally similar strain to Trichoderma
virens strain G-41, was not toxic to, infective in, or pathogenic for
rats when given a single intratracheal dose of 10\8\ cfu/animal. Given
the functional similarity of these two strains, EPA concludes that
Trichoderma virens strain G-41 is also not likely to be toxic,
infective, and/or pathogenic through the inhalation route. To further
support this conclusion, an acceptable acute inhalation toxicity study
(MRID No. 478650-04) resulted in no mortalities and only minor signs of
toxicity (activity decrease; piloerection) that resolved by day 2 after
rats were exposed to a test substance containing Trichoderma virens
strain G-41 at 5.14 milligrams per liter for 4 hours.
    3. Acute injection toxicity/pathogenicity (intraperitoneal)--rat
(Harmonized Guideline 885.3200; MRID Nos. 478651-02 and 482368-01). An
acceptable acute injection toxicity/pathogenicity study demonstrated
that Trichoderma virens strain G-41 was not toxic to rats when
administered intraperitoneally in a single dose of 10\7\ cfu/animal.
While clearance was not directly assessed in this study, the lack of
clinical findings upon necropsy, in combination with the lack of signs
of toxicity and mortality in the animals during the observation period,
strongly suggests that Trichoderma virens strain G-41 is also not
pathogenic by intraperitoneal injection.
    4. Hypersensitivity incidents (Harmonized Guideline 885.3400; MRID
No. 482526-01). The petitioner reported that no hypersensitivity
incidents, including immediate-type or delayed-type reactions of humans
and domestic animals, occurred during research, development, or testing
of Trichoderma virens strain G-41.
    5. Acute dermal toxicity--rat (Harmonized Guideline 870.1200; MRID
No. 478650-03). An acceptable acute dermal toxicity study demonstrated
that a test substance containing Trichoderma virens strain G-41 was not
toxic to rats when dosed at 5,050 milligrams per kilogram (mg/kg) for
24 hours. The dermal median lethal dose (LD50), which is a
statistically derived single dose that can be expected to cause death
in 50% of test animals, was greater than 5,050 mg/kg for male and
female rats combined (Toxicity Category IV).

    6. Primary dermal irritation--rabbit (Harmonized Guideline
870.2500; MRID No. 478650-06). An acceptable primary dermal irritation
study demonstrated that a test substance containing Trichoderma virens
strain G-41 was non-irritating to the skin of rabbits (Toxicity
Category IV).

IV. Aggregate Exposure

    In examining aggregate exposure, section 408 of FFDCA directs EPA
to consider available information concerning exposures from the
pesticide residue in food and all other non-occupational exposures,
including drinking water from ground water or surface water and
exposure through pesticide use in gardens, lawns, or buildings
(residential and other indoor uses).

A. Dietary Exposure

    1. Food exposure. All proposed Trichoderma virens strain G-41
applications are soil directed or soil incorporated because of the
targeted soilborne pests (e.g., Rhizoctonia species and Fusarium
species). Based on calculations made in EPA's environmental risk
assessment for Trichoderma virens strain G-41 (Ref. 7), these
applications are not expected to significantly increase the populations
of this fungus above natural levels in the soil. No reports were
available in the literature describing natural concentrations of
Trichoderma virens; however, Trichoderma species have been reported in
various types of soils at concentrations of 10\4\ to 10\6\ colony-
forming units per gram (cfu/g) (Refs. 8 and 9). Based on the maximum
application rate of the proposed end-use pesticide products containing
Trichoderma virens strain G-41, the estimated amount of Trichoderma
virens applied to the soil surface is approximately 6.7 x 10\3\ colony-
forming units per square centimeter (cfu/cm\2\). Assuming a bulk
density of 1 to 2 grams per cubic centimeter (g/cm\3\), the maximum
application rate will not result in soil concentrations that are
substantially greater than concentrations of Trichoderma virens
naturally found in the soil, and overall increased exposure to
Trichoderma virens in the terrestrial environment, including on above-
ground plant parts such as food commodities, is not expected. Work by
Jackson et al. (1991) supports this conclusion given that, after
Trichoderma virens and three other Trichoderma isolates were
incorporated into soil, fungal numbers either transiently increased,
remained stable, or declined (Ref. 10). Should this microbial pesticide
be present on food, the acute oral toxicity and pathogenicity data
available for Trichoderma virens strain G-41 and functionally similar
Trichoderma virens strain GL-21 demonstrated that no toxicity,
infectivity, and/or pathogenicity is likely to occur with any exposure
level of Trichoderma virens strain G-41 resulting from application in
accordance with good agricultural practices (see additional discussion
in Unit III.B.).
    2. Drinking water exposure. Exposure to residues of Trichoderma
virens strain G-41 in consumed drinking water is unlikely. The proposed
use patterns for Trichoderma virens strain G-41 are soil directed and
soil incorporated, thereby limiting contact with surface water by drift
and runoff. Furthermore, ground water is not expected to have
significant exposure to Trichoderma virens strain G-41 since, like
other Trichoderma species, this fungus would likely be filtered out by
the particulate nature of many soil types, and be concentrated in upper
soil horizons (Refs. 11 and 12) near plant roots (Ref. 13). If
Trichoderma virens strain G-41 were to be transferred to surface or
ground waters (e.g., through spray drift or runoff) that are intended
for eventual human consumption and directed to wastewater treatment
systems or drinking water facilities, it likely would not survive the
conditions water is subjected to in such systems or facilities,
including chlorination, pH adjustments, filtration, and occasionally
high temperatures (Refs. 14 and 15). For instance, Trichoderma virens
strain G-41 does not grow well at 37 [deg]C (Refs. 3 and 16), and test
data has shown it to be unstable at elevated temperatures; therefore,
any heat treatment applied to water containing Trichoderma virens
strain G-41 would probably render the fungus non-viable. In the remote
likelihood that this microbial pesticide is present in drinking water
(e.g., water not subject to treatment systems or facilities), the acute
oral toxicity and pathogenicity data available for Trichoderma virens
strain G-41 and functionally similar Trichoderma virens strain GL-21
demonstrated no toxicity, infectivity, and/or pathogenicity is likely
to occur with any exposure level of Trichoderma virens strain G-41
resulting from application in accordance with good agricultural
practices (see additional discussion in Unit III.B.).

B. Other Non-Occupational Exposure

    Given Trichoderma virens' natural occurrence in soil (Ref. 2), non-
occupational exposure to the fungus is likely already occurring. Even
with the proposed pesticide applications of Trichoderma virens strain
G-41, it is not likely that there will be a significant increase in
these exposures due to the relative stability of typical background
levels in the soil (see calculations and information presented in the
food exposure section above). If significant non-occupational exposures
were to occur, such exposures would not exceed EPA's level of concern
in light of test results that indicated Trichoderma virens strain G-41
is not toxic (acute pulmonary toxicity/pathogenicity, acute dermal
toxicity, and acute inhalation toxicity), is non-irritating (primary
dermal irritation), and is not pathogenic or infective (acute pulmonary
toxicity/pathogenicity) (see additional discussion in Unit III.B.).

V. Cumulative Effects From Substances With a Common Mechanism of
Toxicity

    Section 408(b)(2)(D)(v) of FFDCA requires that, when considering
whether to establish, modify, or revoke a tolerance exemption, EPA
consider ``available information concerning the cumulative effects of
[a particular pesticide's] * * * residues and other substances that
have a common mechanism of toxicity.''
    There are several Trichoderma species used as active ingredients in
registered pesticide products. While these different microbial pest
control agents may produce similar metabolites, the likelihood of
adverse cumulative effects via a common mechanism of toxicity is not
anticipated, based on the lack of toxicity/pathogenicity potential of
the active ingredients used on food and/or labeled for residential uses
(see Unit III.B., as well as Refs. 17, 18, 19, and 20). For information
regarding EPA's efforts to determine which chemicals have a common
mechanism of toxicity and to evaluate the cumulative effects of such
chemicals, see EPA's Web site at http://www.epa.gov/pesticides/cumulative.

VI. Determination of Safety for United States Population, Infants and
Children

    FFDCA section 408(b)(2)(C) provides that, in considering the
establishment of a tolerance or tolerance exemption for a pesticide
chemical residue, EPA shall assess the available information about
consumption patterns among infants and children, special susceptibility
of infants and children to pesticide chemical residues, and the
cumulative effects on infants and children of the residues and other
substances with a common mechanism of toxicity. In addition, FFDCA
section 408(b)(2)(C) provides that EPA shall apply an additional
tenfold (10X) margin of safety for infants and children in the case of
threshold effects to account for prenatal

and postnatal toxicity and the completeness of the database on toxicity
and exposure unless EPA determines that a different margin of safety
will be safe for infants and children. This additional margin of safety
is commonly referred to as the Food Quality Protection Act Safety
Factor. In applying this provision, EPA either retains the default
value of 10X or uses a different additional safety factor when reliable
data available to EPA support the choice of a different factor.
    Based on the acute toxicity and pathogenicity data/information
discussed in Unit III.B., as well as use of Trichoderma pesticide
products since 1989 without reported adverse effects to humans, EPA
concludes that there are no threshold effects of concern to infants,
children, or adults when Trichoderma virens strain G-41 is used as
labeled in accordance with good agricultural practices. As a result,
EPA concludes that no additional margin of exposure (safety) is
necessary to protect infants and children and that not adding any
additional margin of exposure (safety) will be safe for infants and
children.
    Moreover, based on the same data and EPA analysis as presented
directly above, the Agency is able to conclude that there is a
reasonable certainty that no harm will result to the U.S. population,
including infants and children, from aggregate exposure to the residues
of Trichoderma virens strain G-41 when it is used as labeled and in
accordance with good agricultural practices as a fungicide. Such
exposure includes all anticipated dietary exposures and all other
exposures for which there is reliable information. EPA has arrived at
this conclusion because, considered collectively, the data and
information available on Trichoderma virens strain G-41, as well as
data available on functionally similar Trichoderma virens strain GL-21,
do not demonstrate toxic, pathogenic, and/or infective potential to
mammals, including infants and children.

VII. Other Considerations

A. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes for
the reasons stated above and because EPA is establishing an exemption
from the requirement of a tolerance without any numerical limitation.

B. 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. In this
context, 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 a MRL for Trichoderma virens strain
G-41.

VIII. Conclusions

    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 Trichoderma virens strain G-41.
Therefore, an exemption from the requirement of a tolerance is
established for residues of Trichoderma virens strain G-41 in or on all
food commodities when applied as a fungicide and used in accordance
with good agricultural practices.

IX. References

1. U.S. EPA. 2011a. Review of Product Chemistry, Manufacturing
Process, Discussion of Formation of Unintentional Ingredients,
Analysis of Samples, Certification of Limits, Physical and Chemical
Characteristics, and Acute Toxicity Studies for Section 3
Registration of an MUP G-41 Technical (EPA Reg. No. 68539-I) and an
EP BW240 WP (EPA Reg. No. 68539-O). Memorandum from I.S. Barsoum,
Ph.D. and J.L. Kough, Ph.D. to J. Kausch dated December 20, 2011.
2. Samuels GJ. 1996. Trichoderma; a review of biology and
systematics of the genus. Mycological Research. 100:923-935.
3. Kenerley CM. 2010. Report on studies conducted comparing two
strains of Trichoderma virens; GL-21 and G-41. Texas A&M University,
Department of Plant Pathology and Microbiology. Unpublished report.
4. U.S. EPA and PMRA. 2011a. Data Evaluation Record for Product
Characterization and Analysis. Prepared by L. Heikkila and I.
Barsoum, Ph.D. (dated December 6, 2011).
5. U.S. EPA. 2011b. Draft Trichoderma virens strain G-41
Biopesticides Registration Action Document dated December 8, 2011
(available as ``Supporting & Related Material'' within docket ID
number EPA-HQ-OPP-2010-0057).
6. U.S. EPA and PMRA. 2011b. Data Evaluation Record for Acute
Pulmonary Infectivity and Toxicity--Waiver Request. Prepared by L.
Heikkila and I. Barsoum, Ph.D. (dated December 6, 2011).
7. U.S. EPA. 2011c. Environmental risk assessment for the FIFRA
Section 3 registration of Trichoderma virens strain G-41 (PC Code
176604; EPA File Symbols 68539-I, -O, -RN). Memorandum from S.
Borges to J. Kausch dated November 14, 2011 (available as
``Supporting & Related Material'' within docket ID number EPA-HQ-
OPP-2010-0057).
8. Leandro LFS, Guzman T, Ferguson LM, Fernandez GE, Louws FJ. 2007.
Population dynamics of Trichoderma in fumigated and compost-amended
soil and on strawberry roots. Applied Soil Ecology. 35:237-246.
9. Liu B, Glenn D, Buckley K. 2008. Trichoderma communities in soils
from organic, sustainable, and conventional farms, and their
relation with Southern blight of tomato. Soil Biology and
Biochemistry. 40:1124-1136.
10. Jackson AM, Whipps JM, Lynch JM. 1991. Production, delivery
systems, and survival in soil of four fungi with disease biocontrol
potential. Enzyme and Microbial Technology. 13:636-642.
11. Longa CMO, Savazzini F, Tosi S, Elad Y, Pertot I. 2009.
Evaluating the survival and environmental fate of the biocontrol
agent Trichoderma atroviride SC1 in vineyards in northern Italy.
Journal of Applied Microbiology. 106:1549-1557.
12. Sariah M, Choo CW, Zakaria H, Norihan MS. 2005. Quantification
and characterization of Trichoderma spp. from different ecosystems.
Mycopathologia. 159:113-117.
13. United States Patent and Trademark Office. 2010. Control of
Plant Diseases and Enhancing Plant Growth Using a Combination of a
Trichoderma virens Species and a Rhizosphere Competent Trichoderma
harzianum Species (United States Patent Application--US 2010/0028303
A1). Available from http://www.freepatentsonline.com/20100028303.pdf.
14. Centers for Disease Control and Prevention. 2009. Drinking
Water--Water Treatment. Available from http://www.cdc.gov/healthywater/drinking/public/water_treatment.html.
15. U.S. EPA. 2004. Primer for Municipal Wastewater Treatment
Systems. EPA 832-R-04-001. Available from http://www.epa.gov/npdes/pubs/primer.pdf.
16. Lumsden RD, Walter JF, Baker CP. 1996. Development of
Gliocladium virens for damping-off disease control. Canadian Journal
of Plant Pathology. 18:463-468.
17. U.S. EPA. 2008. Trichoderma Species Final Registration Review
Decision (signed September 11, 2008). Available from http://www.regulations.gov/#!documentDetail;D=EPA-HQ-OPP-2006-0245-
0008;oldLink=false.
18. U.S. EPA. 2010a. Trichoderma asperellum strain ICC 012
Biopesticides Registration Action Document dated March 4, 2010
(available as ``Supporting & Related Material'' within docket ID
number EPA-HQ-OPP-2009-1004).

19. U.S. EPA. 2010b. Trichoderma gamsii strain ICC 080 Biopesticides
Registration Action Document dated March 4, 2010 (available as
``Supporting & Related Material'' within docket ID number EPA-HQ-
OPP-2009-1003).
20. U.S. EPA. 2010c. Trichoderma hamatum isolate 382 Biopesticides
Registration Action Document dated July 13, 2010 (available as
``Supporting & Related Material'' within docket ID Number EPA-HQ-
OPP-2010-0489).

X. Statutory and Executive Order Reviews

    This final rule establishes a tolerance exemption under section
408(d) of FFDCA 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 final rule has been
exempted from review under Executive Order 12866, this final rule 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). This final rule does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it require any
special considerations under Executive Order 12898, entitled Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under section 408(d) of FFDCA, such as the tolerance
exemption in this final rule, do not require the issuance of a proposed
rule, the requirements of the Regulatory Flexibility Act (RFA) (5
U.S.C. 601 et seq.) do not apply.
    This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes. As a result, this
action does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. 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 final rule. In addition, this final rule
does not impose any enforceable duty or contain any unfunded mandate as
described under Title II of the Unfunded Mandates Reform Act of 1995
(UMRA) (Pub. L. 104-4).
    This action does not involve any technical standards that would
require EPA consideration of voluntary consensus standards pursuant to
section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).

XI. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the United
States Senate, the United States House of Representatives, and the
Comptroller General of the United States prior to publication of this
final rule in the Federal Register. This final rule is not a ``major
rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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

    Dated: January 20, 2012.
Steven Bradbury,
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. Section 180.1310 is added to subpart D to read as follows:

Sec.  180.1310  Trichoderma virens strain G-41; exemption from the
requirement of a tolerance.

    An exemption from the requirement of a tolerance is established for
residues of Trichoderma virens strain G-41, in or on all food
commodities, when applied as a fungicide and used in accordance with
good agricultural practices.

[FR Doc. 2012-2216 Filed 1-31-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 27, 2010 (Volume 75, Number 186)]
[Notices]
[Page 59322-59323]
[DOCID:fr27se10-152]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Notice of Availability of Answers to Frequently Asked Questions
Regarding Buy America & FRA's High-Speed Intercity Passenger Rail
Program

AGENCY: Federal Railroad Administration (FRA), United States Department
of Transportation (DOT).

ACTION: Notice of Availability.

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

SUMMARY: FRA announces the availability of Answers to Frequently Asked
Questions regarding Buy America and FRA's High Speed Intercity

Passenger Rail Program. The Answers to Frequently Asked Questions can
be found on FRA's Web site at http://www.fra.dot.gov/Pages/11.shtml.

DATES: Written comments on FRA's Buy America Answers to Frequently
Asked Questions may be provided to the FRA on or before October 18,
2010.

ADDRESSES: Please submit your comments by one of the following means,
identifying your submissions by docket number FRA-2010-0147. All
electronic submissions must be made to the U.S. Government electronic
site at http://www.regulations.gov. Commenters should follow the
instructions below for mailed and hand-delivered comments.
    (1) Web Site: http://www.regulations.gov. Follow the instructions
for submitting comments on the U.S. Government electronic docket site;
    (2) Fax:<PHONE_NUMBER>;
    (3) Mail: U.S. Department of Transportation, 1200 New Jersey
Avenue, SE., Docket Operations, M-30, Room W12-140, Washington, DC,
20590-0001; or
    (4) Hand Delivery: Room W12-140 on the first floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC, 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Instructions: All submissions must make reference to the ``Federal
Railroad Administration'' and include docket number FRA-2010-0147. Due
to security procedures in effect since October 2001, mail received
through the U.S. Postal Service may be subject to delays. Parties
making submissions responsive to this notice should consider using an
express mail firm to ensure the prompt filing of any submissions not
filed electronically or by hand. Note that all submissions received,
including any personal information therein, will be posted without
change or alteration to http://www.regulations.gov. For more
information, you may 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.

FOR FURTHER INFORMATION CONTACT: For questions about this notice,
please contact Ms. Linda Martin, Attorney-Advisor, FRA Office of Chief
Counsel,<PHONE_NUMBER> or via e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Passenger Rail Investment and
Improvement Act of 2008 (PRIIA) (Division B of Pub. L. 111-432)
authorized the appropriation of funds to establish several new
passenger rail grant programs, including capital investment grants to
support intercity passenger rail service (Sec.  301), high-speed
corridor development (Sec.  501), and congestion grants (Sec.  302).
FRA consolidated these and other closely related programs into the
High-Speed Intercity Passenger Rail (HSIPR) program, as detailed in
FRA's High-Speed Intercity Passenger Rail (HSIPR) Interim Guidance (74
FR 29900 (June 23, 2009)) and as further detailed in a second set of
HSIPR interim program guidance governing the distribution of fiscal
year 2010 funding (75 FR 38344 and 38365 (July 1, 2010). Spending
authorized under PRIIA is subject to the Buy America provision of 49
U.S.C. 24405(a).
    In 2009, President Obama, together with Vice President Biden and
Secretary of Transportation LaHood, articulated a new ``Vision for
High-Speed Rail in America'' (available on FRA's Web site). The HSIPR
program is a component of that vision, as is the American Recovery and
Reinvestment Act of 2009 (ARRA), which appropriated funds for PRIIA-
authorized grant programs. The vision includes a goal to bolster
American passenger rail expertise and resources. The Buy America
requirements reinforce this goal, and aid in encouraging a domestic
market in the rail sector. PRIAA authorized FRA to operate the grant
programs under guidance, prior to the issuance of final regulations.
FRA is beginning the process of implementing regulations to govern the
application of the Buy America statute to all PRIIA-authorized spending
as part of the HSIPR program. As required, the proposed regulation will
be published in the Federal Register for public comment under RIN 2130-
AC23 and docket number FRA-2010-0147. In the interim, to aid grantees
who must immediately apply Section 24405(a) to funds granted them by
FRA, FRA is providing Answers to Frequently Asked Questions describing
its procedures for applying the Buy America provision in the HSIPR
program on its Web site at http://www.fra.dot.gov/Pages/11.shtml.

    Issued in Washington, DC, on September 22, 2010.
Mark E. Yachmetz,
Associate Administrator for Railroad Policy and Development, Federal
Railroad Administration.
[FR Doc. 2010-24126 Filed 9-24-10; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 87, Number 172 (Wednesday, September 7, 2022)]
[Rules and Regulations]
[Pages 54630-54632]
[FR Doc No: 2022-19304]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 395

[Docket No. FMCSA-2022-0189]

Assessment of the Continued Need for COVID-19 Emergency
Declaration, Regulatory Relief for Commercial Motor Vehicle Operations

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

ACTION: Request for comments.

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

SUMMARY: On August 31, 2022, FMCSA announced the extension of its
coronavirus disease 2019 (COVID-19) Emergency Declaration which
provides regulatory relief for motor carriers and drivers engaged in
providing direct assistance in continued support of the Nation's COVID-
19 national emergency. The extension of the emergency declaration
expires on October 15, 2022. FMCSA (the ``Agency'') seeks public
comment concerning the extent to which motor carriers currently rely on
the emergency declaration to deliver certain commodities and whether
there has been any impact on safety.

DATES: Comments on this document must be received by September 21,
2022.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2022-0189 by any of the following
methods:

     Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
     Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue 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 Avenue SE, between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    Each submission must include the Agency name and the docket number
(FMCSA-2022-0189) for this document. Note that DOT posts all comments
received without change to www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. To be sure someone is there to help you,
please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting Dockets
Operations.
    Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits
comments from the public to better inform its exemption process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov. As described in the
system of records notice DOT/ALL 14-FDMS, which can be reviewed at
www.transportation.gov/privacy, the comments are searchable by the name
of the submitter.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and
Carrier Operations Division, Office of Carrier, Driver, and Vehicle
Safety Standards, FMCSA, at<PHONE_NUMBER> or [email protected]. If you
have questions on viewing or submitting material to the docket, contact
Dockets Operations at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    On May 27, 2022, FMCSA issued a declaration that the Nation's
ongoing response to the COVID-19 national emergency warrants an
extension and amendment of Emergency Declaration No. 2020-002. The
extension and amendment of the Emergency Declaration continued the
relief from certain requirements in 49 CFR part 395 of the Federal
Motor Carrier Safety Regulations for interstate motor carriers and
drivers operating in the 50 States and the District of Columbia. The
extension of the emergency declaration issued on May 27, 2022, expired
on August 31, 2022.
    FMCSA first issued Emergency Declaration No. 2020-002 in response
to the March 13, 2020, declaration of a national emergency under 42
U.S.C. 5191(b) related to COVID-19, and the immediate risk COVID-19
presented to public health and welfare. FMCSA subsequently modified
Emergency Declaration No. 2020-002 concerning the categories of
supplies, equipment, and persons covered by the Emergency Declaration
to respond to changing needs for emergency relief.
    The May 27, 2022, announcement explained that the continuation of
the exemption and associated regulatory relief in accordance with 49
CFR 390.25, was necessary because the presidentially declared emergency
remains in place, persistent issues arising out of COVID-19 continue to
affect the U.S. including impacts on supply chains, and nationwide
reporting continues to demonstrate substantial ongoing use of the
regulatory relief under Emergency Declaration No. 2020-002.
    With the August 31, 2022, announcement, the Agency extended the
modified Emergency Declaration No. 2020-002 as amended on May 27, 2022,
such that subject to the restrictions and conditions set forth in the
declaration motor carriers and drivers providing direct assistance in
support of relief efforts related to the COVID-19 public health
emergency are granted emergency relief from 49 CFR 395.3, maximum
driving time for property-carrying vehicles. Direct assistance means
transportation and other relief services provided by a motor carrier or
its driver(s) incident to the immediate restoration of essential
services (such as medical care) or essential supplies during the COVID-
19 emergency.
    The extension of the modified Emergency Declaration No. 2020-002
provides regulatory relief for commercial motor vehicle operations
providing direct assistance in support of emergency relief efforts
related to COVID-19 and is limited to transportation of: (1) livestock
and livestock feed; (2) medical supplies and equipment related to the
testing, diagnosis, and treatment of COVID-19; (3) vaccines,
constituent products, and medical supplies and equipment including
ancillary supplies/kits for the administration of vaccines, related to
the prevention of COVID-19; (4) supplies and equipment necessary for
community safety, sanitation, and prevention of community transmission
of COVID-19 such as masks, gloves, hand sanitizer, soap, and
disinfectants; (5) food, paper products, and other groceries for
emergency restocking of distribution centers or stores; and (6)
gasoline, diesel, diesel exhaust fluid, jet fuel, ethyl alcohol, and
heating fuel including propane, natural gas, and heating oil. Direct
assistance does not include non-emergency transportation of qualifying
commodities or routine commercial deliveries, including mixed loads
with a nominal quantity of qualifying emergency relief added to obtain
the benefits of this emergency declaration. To be eligible for the
exemption, the transportation must be both (1) of qualifying
commodities and (2) incident to the immediate restoration of those
essential supplies.

Request for Comments

    FMCSA believes the emergency declaration and subsequent extensions
have provided the transportation industry essential regulatory relief
in supporting the Nation's efforts to address the challenges associated
with responding to the COVID-19 emergency. Since September 2021, FMCSA
has requested that motor carriers operating under the emergency
declaration report certain information to the Agency. This information
included the number of trips conducted under the declaration and the
commodities transported. Based on a review of the carriers' self-
reported information, the primary categories of commodities transported
under the declaration are: food, paper products and other groceries for
emergency restocking of distributions centers or stores; and livestock
and livestock feed. Two categories which have seen the usage between
October 2021 and July 2022 decrease by almost 50 percent are: medical
supplies and equipment related to the testing, diagnosis, and treatment
of COVID-19; and supplies and equipment necessary for community safety,
sanitation, and prevention of community transmission of COVID-19.
    The Agency seeks public comment on the usage of the emergency
declaration for the covered products. Specifically, if the usage is fit
for the intended purpose of the limited relief. Commenters are
encouraged to share with the Agency the source of the data or
information and provide recommendations on additional actions the
Agency should consider in monitoring the use of the declaration.
Further, any data or information the Agency should use in

determining whether continued extension or modification of the
declaration is needed. The Agency also seeks public comment on the
safety and supply chain impacts of the emergency declaration.

Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-19304 Filed 9-6-22; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)]
[Notices]
[Pages 11768-11770]
[FR Doc No: 2018-05415]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-B-1808]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report, once effective, will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings.

DATES: Comments are to be submitted on or before June 14, 2018.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://www.fema.gov/preliminaryfloodhazarddata and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-1808, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email) [email protected].

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Map Information
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and also are used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    The communities affected by the flood hazard determinations are

provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://www.fema.gov/preliminaryfloodhazarddata and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at https://msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: February 23, 2018.
Roy E. Wright,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
              Fulton County, Georgia and Incorporated Areas
          Project: 13-04-8403S Preliminary Date: June 15, 2017
------------------------------------------------------------------------
City of Milton.........................  City Hall, 2006 Heritage Walk,
                                          Milton, GA 30004.
City of Roswell........................  City Hall, 38 Hill Street,
                                          Suite 235, Roswell, GA 30075.
------------------------------------------------------------------------
           Calcasieu Parish, Louisiana and Incorporated Areas
  Project: 12-06-0899S Preliminary Date: February 29, 2016 and December
                                15, 2017
------------------------------------------------------------------------
Unincorporated Areas of Calcasieu        Calcasieu Parish Planning and
 Parish.                                  Development Department, 901
                                          Lakeshore Drive, Lake Charles,
                                          LA 70601.
------------------------------------------------------------------------
             Perry County, Pennsylvania (All Jurisdictions)
         Project: 15-03-0142S Preliminary Date: August 18, 2017
------------------------------------------------------------------------
Borough of Blain.......................  Borough Office, 155 East Main
                                          Street, Blain, PA 17006.
Borough of Bloomfield..................  Bloomfield Borough Building, 25
                                          East McClure Street, New
                                          Bloomfield, PA 17068.
Borough of Duncannon...................  Borough Office, 428 North High
                                          Street, Duncannon, PA 17020.
Borough of Liverpool...................  Liverpool Borough Office, 401
                                          Locust Street, Liverpool, PA
                                          17045.
Borough of Marysville..................  Borough Office, 200 Overcrest
                                          Road, Marysville, PA 17053.
Borough of New Buffalo.................  Borough Office, 32 Mill Street,
                                          New Buffalo, PA 17069.
Township of Buffalo....................  Buffalo Township Office, 22
                                          Cherry Road, Liverpool, PA
                                          17045.
Township of Carroll....................  Carroll Township Municipal
                                          Building, 50 Rambo Hill Road,
                                          Shermans Dale, PA 17090.
Township of Centre.....................  Centre Township Office, 2971
                                          Cold Storage Road, New
                                          Bloomfield, PA 17068.
Township of Greenwood..................  Greenwood Township Municipal
                                          Building, 17 Pines Drive,
                                          Millerstown, PA 17062.
Township of Jackson....................  Jackson Township Office, 890
                                          Fowler Hollow Road, Blain, PA
                                          17006.
Township of Liverpool..................  Liverpool Township Office, 1121
                                          Ridge Road, Liverpool, PA
                                          17045.
Township of Miller.....................  Miller Township Office, 554 Old
                                          Limekiln Lane, Newport, PA
                                          17074.
Township of Northeast Madison..........  Northeast Madison Township
                                          Office, 979 Quarry Road,
                                          Loysville, PA 17047.
Township of Penn.......................  Penn Township Office, 100
                                          Municipal Building Road,
                                          Duncannon, PA 17020.
Township of Rye........................  Rye Township Office, 1775 New
                                          Valley Road, Marysville, PA
                                          17053.
Township of Saville....................  Saville Township Office, 3954
                                          Veterans Way, Elliottsburg, PA
                                          17024.
Township of Southwest Madison..........  Southwest Madison Township
                                          Office, 94 Bistline Bridge
                                          Road, Loysville, PA 17047.
Township of Spring.....................  Spring Township Office, 539
                                          Paige Hill Road, Landisburg,
                                          PA 17040.
Township of Toboyne....................  Toboyne Township Office, 50
                                          Lower Buck Ridge Road, Blain,
                                          PA 17006.
Township of Tyrone.....................  Tyrone Township Office, 3129
                                          Shermans Valley Road,
                                          Loysville, PA 17047.
Township of Watts......................  Watts Township Office, 112
                                          Notch Road, Duncannon, PA
                                          17020.
Township of Wheatfield.................  Wheatfield Township Office,
                                          1280 New Bloomfield Road, New
                                          Bloomfield, PA 17068.
------------------------------------------------------------------------

[FR Doc. 2018-05415 Filed 3-15-18; 8:45 am]
 BILLING CODE 9110-12-P