[Federal Register Volume 85, Number 34 (Thursday, February 20, 2020)]
[Notices]
[Pages 9927-9928]
[FR Doc No: 2020-03351]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0385; FMCSA-2014-0387; FMCSA-2017-0058]

Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to renew exemptions for 34
individuals from the hearing requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these hard of hearing and deaf
individuals to continue to operate CMVs in interstate commerce.

DATES: The exemptions were applicable on December 26, 2019. The
exemptions expire on December 26, 2021.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
ET, Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov/docket?D=FMCSA-2014-0385 or http://www.regulations.gov/docket?D=FMCSA-2014-0387 or http://www.regulations.gov/docket?D=FMCSA-2017-0058 and
choose the document to review. If you do not have access to the
internet, you may view the docket online by visiting the Docket
Operations in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.

B. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.gov/privacy.

II. Background

    On December 30, 2019, FMCSA published a notice announcing its
decision to renew exemptions for 34 individuals from the hearing
standard in 49 CFR 391.41(b)(11) to operate a CMV in interstate
commerce and requested comments from the public (84 FR 72117). The
public comment period ended on January 29, 2020, and one comment was
received.
    FMCSA has evaluated the eligibility of these applicants and
determined that renewing these exemptions would achieve a level of
safety equivalent to, or greater than, the level that would be achieved
by complying with Sec.  391.41(b)(11).
    The physical qualification standard for drivers regarding hearing
found in Sec.  391.41(b)(11) states that a person is physically
qualified to drive a CMV if that person first perceives a forced
whispered voice in the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested by use of an audiometric
device, does not have an average hearing loss in the better ear greater
than 40 decibels at 500 Hz, 1,000

Hz, and 2,000 Hz with or without a hearing aid when the audiometric
device is calibrated to American National Standard (formerly ASA
Standard) Z24.5-1951.
    This standard was adopted in 1970 and was revised in 1971 to allow
drivers to be qualified under this standard while wearing a hearing
aid, 35 FR 6458, 6463 (April 22, 1970) and 36 FR 12857 (July 3, 1971).

III. Discussion of Comments

    FMCSA received one comment in this proceeding. The commenter stated
that the exemption is a good idea but that it is a little bit too much
power for the Federal government to intervene. They went on to state
that because the driver's license is issued under State regulation that
the Federal government should not intervene with these drivers. During
the application process, it was determined that these applicants are
interstate CMV drivers subject to the FMCSRs. Therefore, it is
appropriate for FMCSA to determine their eligibility to receive a
Federal hearing exemption.

IV. Conclusion

    Based upon its evaluation of the 34 renewal exemption applications
and comment received, FMCSA announces its decision to exempt the
following drivers from the hearing requirement in Sec.  391.41 (b)(11).
    As of December 26, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following 34 individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers (84 FR 72117):

Mario Alvarado (CA)
Kasseth Andrews (MA)
Randy Bailey (NJ)
Ivan Batista (NJ)
Joseph Bence (OH)
Daryl A. Broker (MN)
Justin Brooks (WA)
Christa Butner (NC)
William Darnell (AZ)
Travis K. Davisson (IA)
Sean M. Dearsman (OH)
Mitchell R. Estill (MO)
Lucius Fowler (IL)
Buddy Gann (IN)
Teela Gilmore (GA)
John Grebenc (MN)
Clint Homom (IL)
Paul Hoover (PA)
Amy Ivins (NE)
Thomas Jensen (IA)
Charles J. Jernigan, Jr. (SC)
James M. Johnson (MN)
Wayne A. Kramas (WI)
Daniel Krytosek (MN)
Nicholas Kulasa (IL)
Aaron S. Leader (AZ)
John R. Martikainen (CT)
James E. Redmond (IL)
Dustin Sargent (TX)
Michael Singleton (TX)
Marshall Smith (TX)
Michael Swetnam (TX)
Courtney D. Turner (VA)
Edward J. Zozaya (AZ)

    The drivers were included in docket number FMCSA-2014-0385, FMCSA-
2014-0387, or FMCSA-2017-0058. Christa Butner was previously published
under the name Christa Coppley. Their exemptions are applicable as of
December 26, 2019, and will expire on December 26, 2021.
    In accordance with 49 U.S.C. 31315(b), each exemption will be valid
for 2 years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (1) The person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315(b).

    Issued on: February 11, 2020.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-03351 Filed 2-19-20; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 84, Number 190 (Tuesday, October 1, 2019)]
[Notices]
[Page 52173]
[FR Doc No: 2019-21273]

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DEPARTMENT OF TRANSPORTATION

[Docket No. DOT-OST-2003-15623]

Agency Request for Reinstatement With Change of a Previously
Approved Information Collection: Use and Change of Names of Air
Carriers, Foreign Air Carriers, and Commuter Air Carriers

AGENCY: Office of the Secretary, DOT.

ACTION: Notice and request for comments.

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SUMMARY: The Department of Transportation (DOT) invites public comment
about our intention to request the Office of Management and Budget
(OMB)'s approval to reinstate with changes an information collection.
The collection involves information from air carriers who seek new,
reissued, or transferred authority in a new name or use of a trade
name. We are required to publish this notice in the Federal Register by
the Paperwork Reduction Act of 1995.

DATES: Written comments should be submitted by December 2, 2019.

ADDRESSES: You may submit comments [identified by Docket Number DOT-
OST-2003-15623] by any of the following methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail or Hand Delivery: Docket Operations Office, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Room W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except on Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Barbara Snoden,<PHONE_NUMBER>, Office
of Aviation Analysis, Office of the Secretary, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2106-0043.
    Title: Use and Change of Names of Air Carriers, Foreign Air
Carriers, and Commuter Air Carriers.
    Type of Request: Reinstatement with changes of a previously
approved collection.
    Background: In accordance with the procedures set forth in 14 CFR
part 215, before a holder of certificated, foreign, or commuter air
carrier authority may hold itself out to the public in any particular
name or trade name, it must register that name or trade name with the
Department, and notify all other certificated, foreign, and commuter
air carriers that have registered the same or similar name(s) of the
intended name registration.
    Respondents: Persons seeking to use or change the name or trade
name in which they hold themselves out to the public as an air carrier
or foreign air carrier.
    Estimated Number of Respondents: 12.
    Estimated Total Burden on Respondents: 60 hours.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for the Department's
performance; (b) the accuracy of the estimated burden; (c) ways for the
Department to enhance the quality, utility and clarity of the
information collection; and (d) ways that the burden could be minimized
without reducing the quality of the collected information. The agency
will summarize and/or include your comments in the request for OMB's
clearance of this information collection.

    Authority: The paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended; and 49 CFR 1:48.

    Issued in Washington, DC, on September 25, 2019.
Lauralyn J. Remo,
Chief, Air Carrier Fitness Division, Office of Aviation Analysis.
[FR Doc. 2019-21273 Filed 9-30-19; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 74, Number 159 (Wednesday, August 19, 2009)]
[Notices]
[Pages 41893-41894]
[FR Doc No: E9-19532]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2009-0496; FRL-8429-5]

National Advisory Committee for Acute Exposure Guideline Levels
for Hazardous Substances; Notice of Public Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: A meeting of the National Advisory Committee for Acute
Exposure Guideline Levels for Hazardous Substances (NAC/AEGL Committee)
will be held on September 9-11, 2009, in Research Triangle Park, NC. At
this meeting, the NAC/AEGL Committee will address, as time permits, the
various aspects of the acute toxicity and the development of Acute
Exposure Guideline Levels (AEGLs) for the following chemicals: Cadmium;
carbofuran; carbon dioxide; dichlorovos; dicrotophos; dimethyl
phosphate; fenamiphos; gasoline; hydrogen selenide; lead;
methamidophos; methyl iodide; mevinphos; monocrotophos; nerve agent GB;
phosgene; phosphamidon; red phosphorus; ricin; tetrachloroethylene;
1,1,1-trichloroethylene; and trimethylphosphite.

DATES: A meeting of the NAC/AEGL Committee will be held from 10 a.m. to
5 p.m. on September 9, 2009; from 8 a.m. to 5 p.m. on September 10,
2009; and from 8 a.m. to noon on September 11, 2009.

ADDRESSES: The meeting will be held at the EPA Main Campus, 109 T.W.
Alexander Dr., Research Triangle Park, NC 27711.

FOR FURTHER INFORMATION CONTACT: Paul S. Tobin, Designated Federal
Officer (DFO), Risk Assessment Division (7403M), Office of Pollution
Prevention and Toxics, 1200 Pennsylvania Ave., NW., Washington, DC
20460-0001; telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>    To request accommodation of a disability, please contact the DFO,
preferably at least 10 days prior to the meeting, to give EPA as much
time as possible to process your request.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. This action may
be of particular interest to anyone who may be affected if the AEGL
values are adopted by government agencies for emergency planning,
prevention, or response programs, such as EPA's Risk Management Program
under the Clean Air Act and Amendments Section 112r. It is possible
that other Federal agencies besides EPA, as well as State agencies and
private organizations, may adopt the AEGL values for their programs. As
such, the Agency has not attempted to describe all the specific
entities that may be affected by this action. 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 Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPPT-2009-0496. 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, will be publicly
available only in hard copy. Publicly available docket materials are
available electronically at http://www.regulations.gov, or, if only
available in hard copy, at the OPPT Docket. The OPPT Docket is located
in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301
Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room
hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number of the EPA/DC Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPPT
Docket is<PHONE_NUMBER>. Docket visitors are required to show
photographic identification, pass through a metal detector, and sign
the EPA visitor log. All visitor bags are processed through an X-ray
machine and subject to search. Visitors will be provided an EPA/DC
badge that must be visible at all times in the building and returned
upon departure.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet

under the ``Federal Register'' listings at http://www.epa.gov/fedrgstr.

II. Meeting Procedures

    For additional information on the scheduled meeting, the agenda of
the NAC/AEGL Committee, or the submission of information on chemicals
to be discussed at the meeting, contact the DFO.
    The meeting of the NAC/AEGL Committee will be open to the public.
Oral presentations or statements by interested parties will be limited
to 10 minutes. Interested parties are encouraged to contact the DFO to
schedule presentations before the NAC/AEGL Committee. Since seating for
outside observers may be limited, those wishing to attend the meeting
as observers are also encouraged to contact the DFO at the earliest
possible date to ensure adequate seating arrangements. Inquiries
regarding oral presentations and the submission of written statements
or chemical-specific information should be directed to the DFO.

III. Future Meetings

    Another meeting of the NAC/AEGL Committee is scheduled for Spring
2010.

List of Subjects

    Environmental protection, Chemicals, Hazardous substances, Health.

    Dated: August 7, 2009.
 Barbara Cunningham,
Acting Director, Office of Pollution Prevention and Toxics.
[FR Doc. E9-19532 Filed 8-18-09; 8:45 am]
BILLING CODE 6560-50-S


[Federal Register Volume 84, Number 186 (Wednesday, September 25, 2019)]
[Notices]
[Pages 50445-50446]
[FR Doc No: 2019-20791]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EG19-186-000.
    Applicants: 224WB 8me LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of 224WB 8me LLC.
    Filed Date: 9/19/19.
    Accession Number: 20190919-5053.
    Comments Due: 5 p.m. ET 10/10/19.

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

    Docket Numbers: ER12-2310-008.
    Applicants: Zephyr Wind, LLC.
    Description: Notice of Non Material Change in Status of Zephyr
Wind, LLC.

    Filed Date: 9/19/19.
    Accession Number: 20190919-5098.
    Comments Due: 5 p.m. ET 10/10/19.

    Docket Numbers: ER18-1266-003.
    Applicants: Moxie Freedom LLC.
    Description: Compliance filing: Settlement Compliance Filing to be
effective 5/1/2018.
    Filed Date: 9/18/19.
    Accession Number: 20190918-5115.
    Comments Due: 5 p.m. ET 10/9/19.

    Docket Numbers: ER19-592-001.
    Applicants: Valentine Solar, LLC.
    Description: Notice of Change in Status of Valentine Solar, LLC.
    Filed Date: 9/18/19.
    Accession Number: 20190918-5156.
    Comments Due: 5 p.m. ET 10/9/19.

    Docket Numbers: ER19-2830-000.
    Applicants: Midcontinent Independent System Operator, Inc., ALLETE,
Inc.
    Description: Sec.  205(d) Rate Filing: 2019-09-18 SA 2700 Minnesota
Power-Manitoba-Minnesota Power 1st Rev MPFCA (GNTL) to be effective 9/
19/2019.
    Filed Date: 9/18/19.
    Accession Number: 20190918-5153.
    Comments Due: 5 p.m. ET 10/9/19.

    Docket Numbers: ER19-2831-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Notice of cancellation of Point-To-Point Transmission
Service Agreement of Southwest Power Pool, Inc.
    Filed Date: 9/18/19.
    Accession Number: 20190918-5163.
    Comments Due: 5 p.m. ET 10/9/19.

    Docket Numbers: ER19-2832-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Orginal WMPA SA No. 5488;
Queue No. AE2-006 to be effective 9/12/2019.
    Filed Date: 9/19/19.
    Accession Number: 20190919-5069.
    Comments Due: 5 p.m. ET 10/10/19.

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

    Docket Numbers: ES19-58-000.
    Applicants: Michigan Electric Transmission Company, LLC.
    Description: Application under Section 204 of the Federal Power Act
for Authorization to Extend Maturity of Revolving Credit Facility of
Michigan Electric Transmission Company, LLC.
    Filed Date: 9/18/19.
    Accession Number: 20190918-5127.
    Comments Due: 5 p.m. ET 10/9/19.

    Take notice that the Commission received the following qualifying
facility filings:

    Docket Numbers: QF18-452-000.
    Applicants: North American Natural Resources, Inc.
    Description: Refund Report of North American Natural Resources,
Inc.
    Filed Date: 9/19/19.
    Accession Number: 20190919-5091.
    Comments Due: 5 p.m. ET 10/10/19.

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

    Dated: September 19, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-20791 Filed 9-24-19; 8:45 am]
 BILLING CODE 6717-01-P


44780 Federal Register / Vol. 68, No. 146 / Wednesday, July 30, 2003 / Notices commodity is 100% of a daily diet. Thus, in making a safety determination for these tolerance exemptions, Valent BioSciences Corporation took into account this very conservative exposure assessment. The last application precedes harvest by approximately 2.5 months in apples, therefore the potential for dietary exposure is considered negligible by Valent BioSciences Corporation. Application precedes harvest by approximately 2 months in pistachios. Also pistachios have their hulls, which cover the shell, removed at harvest, therefore the potential for dietary exposure is considered negligible by Valent BioSciences Corporation. Residues are below the LOQ ( LOQ = 0.05 ppm) in pistachio. ii. Drinking water. The proposed uses on apples and pistachios are not expected to add potential exposure to drinking water. Soil leaching studies have suggested that 6 BA is relatively immobile, absorbing to sediment. Residues reaching surface waters from field runoff should quickly absorb to sediment particles and be partitioned from the water column. 6 Benzyladenine also has low solubility in water, 0.061 mg/ mL, and detections in ground water are not expected. Valent BioSciences Corporation concludes that together these data indicate that residues are not expected in drinking water. 2. Non dietary exposure. The proposed uses involve application of 6 BA to crops grown in an agricultural environment. The only non dietary exposure expected is that to applicators. However, the protective measures prescribed by the product's label are expected to be adequate to minimize exposure and protect applicators of the chemical.

E. Cumulative Exposure No cumulative adverse effects are expected from long term exposure to this chemical. There is no reliable information to indicate that toxic effects produced by 6 BA would be cumulative with those of any other pesticide chemical.

F. Safety Determination 1. U. S. population. Chronic dietary exposure estimates were conducted for the overall U. S. population and 25 population subgroups, including infants and children. These estimated daily intakes were compared against a chronic population adjusted dose ( PAD) based on a NOAEL of 50 mg/ kg bwt/ day from a developmental study in rats. To account for intraspecies and interspecies variation and the use of an acute toxicological endpoint for a chronic assessment, an uncertainty factor ( UF) of 1,000 was applied to the acute NOAEL. This resulted in a chronic PAD of 0.05 mg/ kg bwt/ day. Daily exposure for the overall U. S. population was estimated to be 0.000014 mg/ kg bwt/ day, representing less than 0.1% of the estimated chronic PAD. 2. Infants and children. Estimated daily exposures, assuming that 100% of the apple and pistachio commodities in the United States are treated with 6 BA, for the most highly exposed population subgroup, non nursing infants, was estimated to be 0.000085 mg/ kg bwt/ day, or 0.2% of the estimated chronic PAD.

G. Effects on the Immune and Endocrine Systems 6 Benzyladenine is a naturally occurring cytokinin which has plant growth regulator properties. There is no indication that this plant growth regulator belongs to a class of chemicals known or suspected of having adverse effects on the immune and endocrine systems. It can be concluded that based upon the existing toxicology there would be no adverse effects on the immune or endocrine systems from the use of 6 BA. Last, there is no evidence that 6 BA bioaccumulates in the environment.

H. Existing Tolerances The plant growth regulator 6 BA is exempt from the requirement of a tolerance when used as a fruit thinning agent at an application rate not to exceed 30 grams of active ingredient per acre in or on apples. 6 Benzyladenine is temporarily exempt from the requirement of a tolerance in or on apples at   182 grams of active ingredient per acre per season, and in or on pistachio at   60 grams of active ingredient per acre per season when used in accordance with the Experimental Use Permit 73049   EUP   2. The exemption from a tolerance will expire on January 31, 2005.

I. International Tolerances There are no codex, Canadian, or Mexican maximum residue limits for use of 6 BA on apple or pistachio. [ FR Doc. 03   19280 Filed 7   29   03; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ OPP   2003   0256; FRL   7319   7]

Indian Meal Moth Granulosis Virus; Notice of Filing a Pesticide Petition to Establish a Tolerance for a Certain Pesticide Chemical in or on Food AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: This notice announces the initial filing of a pesticide petition proposing the establishment of regulations for residues of a certain pesticide chemical in or on various food commodities. DATES: Comments, identified by docket ID number OPP   2003   0256, must be received on or before August 29, 2003. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Leonard Cole, Biopesticides and Pollution Prevention Division ( 7511C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 703) 305   5412; e mail address: cole. leonard@ epa. gov.

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 111)   Animal production ( NAICS 112)   Food manufacturing ( NAICS 311)   Pesticide manufacturing ( NAICS 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.

VerDate jul< 14> 2003 16: 40 Jul 29, 2003 Jkt 200001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 30JYN1. SGM 30JYN1 44781 Federal Register / Vol. 68, No. 146 / Wednesday, July 30, 2003 / Notices B. How Can I Get Copies of this Document and Other Related Information?

1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPP   2003   0256. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. Once in the system, select `` search, '' then key in the appropriate docket ID number. Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA's electronic public docket. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff.

C. How and to Whom Do I Submit Comments? You may submit comments electronically, by mail, or through hand delivery/ courier. To ensure proper receipt by EPA, identify the appropriate docket ID number in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked `` late.'' EPA is not required to consider these late comments. If you wish to submit CBI or information that is otherwise protected by statute, please follow the instructions in Unit I. D. Do not use EPA Dockets or e mail to submit CBI or information protected by statute. 1. Electronically. If you submit an electronic comment as prescribed in this unit, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. i. EPA Dockets. Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets at http:// www. epa. gov/ edocket, and follow the online instructions for submitting comments. Once in the system, select `` search,'' and then key in docket ID number OPP   2003   0256. The system is an `` anonymous access'' system, which means EPA will not know your identity, e mail address, or other contact information unless you provide it in the body of your comment. ii. E mail. Comments may be sent by e mail to opp docket@ epa. gov, Attention: Docket ID Number OPP   2003   0256. In contrast to EPA's electronic public docket, EPA's e mail system is not an `` anonymous access'' system. If you send an e mail comment directly to the docket without going through EPA's electronic public docket, EPA's e mail system automatically captures your e mail address. E mail addresses that are automatically captured by EPA's e mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. iii. Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to the mailing address identified in Unit I. C. 2. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. 2. By mail. Send your comments to: Public Information and Records Integrity Branch ( PIRIB) ( 7502C), Office of Pesticide Programs ( OPP), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001, Attention: Docket ID Number OPP   2003   0256.

VerDate jul< 14> 2003 16: 40 Jul 29, 2003 Jkt 200001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 30JYN1. SGM 30JYN1 44782 Federal Register / Vol. 68, No. 146 / Wednesday, July 30, 2003 / Notices 3. By hand delivery or courier. Deliver your comments to: Public Information and Records Integrity Branch ( PIRIB), Office of Pesticide Programs ( OPP), Environmental Protection Agency, Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket ID Number OPP   2003   0256. Such deliveries are only accepted during the docket's normal hours of operation as identified in Unit I. B. 1.

D. How Should I Submit CBI to the Agency?

Do not submit information that you consider to be CBI electronically through EPA's electronic public docket or by e mail. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI ( if you submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is CBI). Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. In addition to one complete version of the comment that includes any information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket and EPA's electronic public docket. If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and EPA's electronic public docket without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/ or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Provide specific examples to illustrate your concerns. 6. Make sure to submit your comments by the deadline in this notice. 7. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and Federal Register citation.

II. What Action is the Agency Taking?

EPA has received a pesticide petition as follows proposing the establishment and/ or amendment of regulations for residues of a certain pesticide chemical in or on various food commodities under section 408 of the Federal Food, Drug, and Cosmetic Act ( FFDCA), 21 U. S. C. 346a. EPA has determined that this petition contains data or information regarding the elements set forth in FFDCA section 408( d)( 2); however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data support granting of the petition. Additional data may be needed before EPA rules on the petition.

List of Subjects Environmental protection, Agricultural commodities, Feed additives, Food additives, Pesticides and pests, Reporting and recordkeeping requirements.

Dated: July 21, 2003. Janet L. Andersen, Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs.

Summary of Petition The petitioner summary of the pesticide petition is printed below as required by FFDCA section 408( d)( 3). The summary of the petition was prepared by the petitioner and represents the view of the petitioner. The petition summary announces the availability of a description of the analytical methods available to EPA for the detection and measurement of the pesticide chemical residues or an explanation of why no such method is needed.

AgriVir, LLC PP 3F6736 EPA received a pesticide petition ( PP 3F6736) from AgriVir, LLC, 1901 L St., NW., Suite 250, Washington, DC 20036, proposing pursuant to section 408( d) of the Federal Food, Drug, and Cosmetic Act ( FFDCA), 21 U. S. C. 346a( d), to amend 40 CFR 180.1218 to expand the tolerance exemption from the existing exemption for use on dried fruits and nuts to use on all agricultural commodities and relevant processed fractions. EPA has determined that the petition contains data or information regarding the elements set forth in section 408( d)( 2); however, EPA has not completed a review of the sufficiency of the submitted data at this time. The summary represents the views of AgriVir, LLC. EPA is still in the process of evaluating the petition. EPA has made minor edits to the summary for the purpose of clarity.

A. Residue Chemistry Residue chemistry, per se, is not required in support of the proposed tolerance exemption. This is because EPA has waived this requirement for microbial pet control agents which do not trigger Tier II toxicology concerns. Indian Meal Moth Granulosis Virus ( IMMGV) does not trigger Tier II toxicology concerns. A brief summary of the identity of the microbial pest control agent IMMGV follows for information purposes EPA has previously registered AgriVir's microbial pest control product FruitGuard V/ NutGuard V ( these are alternate names for the same product), EPA Reg. No. 73176   1. This is a biological insecticide intended to control Indian meal moth, a serious pest of various stored commodities. The Indian meal moth, is a serious cosmopolitan pest of many stored agricultural commodities and processed fractions. Infestation can occur at any time from harvest to eventual consumption of the commodity. Indian meal moth, is estimated to be responsible, for example, for approximately 90% of the damage done to dried fruits and nuts in storage. In facilities where susceptible commodities are handled, fragments and other debris from the commodities gets into cracks, crevices, and other places and Indian meal moth, propagates on this material. This establishes a general infestation and reservoir for the Indian meal moth in such facilities. Control of Indian meal moth by FruitGuard V/ NutGuard V is by means of a naturally occurring microbial pest control agent ( MPCA) which is contained in the product. The MPCA used in NutGuard V/ FruitGuard V is a granulosis virus which infects the larvae of the Indian meal moth. This virus is designated IMMGV in the balance of this summary. The MPCA contained in NutGuard V/ FruitGuard V is a naturally occurring isolate of the IMMGV. It has not been genetically modified. IMMGV has no hosts other than larvae of the Indian meal moth and acts by making the Indian meal moth larvae sick, rather than by a toxic mechanism ( i. e., IMMGV does not produce any specific toxin which kills the larvae).

VerDate jul< 14> 2003 16: 40 Jul 29, 2003 Jkt 200001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 30JYN1. SGM 30JYN1 44783 Federal Register / Vol. 68, No. 146 / Wednesday, July 30, 2003 / Notices Indian meal moth larvae succumb to granulosis disease due to serious damage to one of their major organs for storage of nutrients. The above cited products are equivalent to a technical grade of IMMGV. They are prepared without isolation of IMMGV and, as such, the MPCA which is the subject of the present petition consists, therefore, of IMMGV occlusion bodies ( viral particles) and Indian meal moth larval parts mixed into a production larval diet containing wheat bran, brewer's yeast, vitamins, methyl paraben, and sorbic acid.

B. Toxicological Profile The mode of action for IMMGV in its host, the larval stage of P. interpunctella, is pathogenic in nature. IMMGV produces granulosis disease in the larvae of P. interpunctella. `` Granulosis'' disease is so named because cells in infected tissue sections, when observed under light microscopy, are full of minute, refractile bodies termed `` granules.'' The initial signs of granulosis disease occur several days after larval ingestion of the viral occlusion bodies and consist of sluggishness and loss of appetite. These initial signs are followed by a change in the appearance of the larvae. They are normally light brown and semilucent but when infected become opaque and white. This change is the result of the massive accumulation of viral occlusion bodies in the fat body of the infected larva. The fat body is the site of intermediary metabolism in these larvae and it is in the fat body that fat, protein, and glycogen are primarily stored. The pathogenicity of IMMGV to the larva results from the mode of viral release from cells of the fat body. As discussed above, this occurs by rupture of the cells of the fat body, thereby leading to degeneration and necrosis of the fat body and, ultimately, death of the infected larva. The above cited mode of action is distinct from a toxicity based mode of action. That is, unlike some microbial pest control agents which produce endo or exo toxins which act to kill the target pest, IMMGV produces no toxins as part of its mode of action. 1. Hazard potential to mammals. IMMGV poses no hazard potential to mammals via ingestion, dermal contact, or inhalation. There is no baculovirus ( the type of virus which IMMGV is) known to infect or replicate in any vertebrate host. Among invertebrates, IMMGV itself has no known host other than larvae of P. interpunctella and has been shown not to cross infect lepidopteran or other insects other than P. interpunctella. A number of studies on the toxicity of baculoviruses, inclusive of granulosis viruses, to animals have shown that these agents are non toxic by the oral, dermal, inhalation, and injection routes of exposure and that no effects on overall health, gross or micro pathology, hematology, clinical chemistry, and antibody stimulation occur in test animals. These studies have been published in the open literature and were submitted as part of AgriVir, LLC's petition. Cell culture studies ( submitted by AgriVir as part of its submission) have shown that IMMGV which is actively infective and pathogenic to IMM larva does not produce cytotoxicity nor does it replicate in or produce pathogenicity in the following mammalian cell lines: WI 38 ( ATTC CCL 75: human lung ( embryonic)) WS1 ( ATTC CRL 1502: human endothelium ( embryonic skin)) CV 1 ( ATTC CCL 70: African green monkey, renal) These cell culture studies further support the already established fact that IMMGV poses no hazard to mammals. Due to the physical properties of the final product and of the bran carrier, the technical MPCA does have a mild to moderate, reversible eye irritation potential. 2. Hazard potential to the environment. The only potential environmental effect of IMMGV is on the population of Indian meal moths. This is because, as discussed above, IMMGV has no hosts other than larvae of the Indian meal moth and acts by a pathogenicity mechanism rather than a toxicity mechanism ( i. e., IMMGV does produce any specific toxin). Since IMMGV is a naturally occurring virus which has naturally infected Indian meal moth larvae for at least decades and probably longer, its use on Indian meal moth larvae which may infest dried fruits and nuts and other stored commodities cannot reasonably be expected to endanger the Indian meal moth population as a whole. Therefore, there are no reasonably anticipated or likely environmental effects of use of IMMGV for protection of agricultural commodities from Indian meal moth damage. 3. Hazard potential to non target species. There is no hazard potential to non target species. As above noted, there is no baculovirus known to infect or replicate in any vertebrate host. Among invertebrates, IMMGV itself has no known host other than larvae of P. interpunctella and has been shown not to cross infect lepidopteran or other insects other than P. interpunctella.

C. Aggregate Exposure 1. Dietary exposure   i. Food. The levels of residues in treated commodities will be very low. The application rates for IMMGV are from 1 to 5 ounces of formulated ( i. e., technical) MPCA per ton of commodity to be treated. Therefore, dietary exposure is insignificant. ii. Drinking water. The proposed use patterns for IMMGV are for indoor food and non food uses. Therefore, there is no potential for drinking water exposure associated with the approval of this petition. 2. Non dietary exposure. IMMGV only has any pest control utility in the treatment of various commodities for control of Indian meal moth. Therefore, the only potential for non dietary exposure is to applicators and to mixer/ loaders who will use product containing IMMGV. These non dietary exposures are not covered within FQPA and they are expected to be low. Information already in EPA's data bases which had been cited by AgriVir, LLC indicates that workers involved with baculovirus production and use do not experience adverse effects as a result of these exposures.

D. Cumulative Effects Due to its mechanism of action and extremely limited host specificity, it can be reliably stated that IMMGV does not share a common mechanism of action with any other conventional, biochemical, or microbial pesticide.

E. Endocrine Effects There is no reliable information to indicate that IMMGV has a potential to produce endocrine effects. The available studies suggest that IMMGV is essentially biologically inactive in any organism other than its natural host, the larva of the Indian meal moth.

F. Safety Determination 1. U. S. population. Since the available information reliably supports that IMMGV will not produce adverse effects in humans of any age as a result of exposure by ingestion, dermal contact, or inhalation, AgriVir, LLC concludes that there is a reasonable certainty that no harm to the general adult population will result from dietary exposure to residues which could occur as a result of approval of this petition. 2. Infants and children. Since the available information reliably supports that IMMGV will not produce adverse effects in humans of any age as a result of exposure by ingestion, dermal VerDate jul< 14> 2003 16: 40 Jul 29, 2003 Jkt 200001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 30JYN1. SGM 30JYN1 44784 Federal Register / Vol. 68, No. 146 / Wednesday, July 30, 2003 / Notices contact, or inhalation, AgriVir, LLC concludes that there is a reasonable certainty that no harm to infants and children will result from dietary exposure to residues which could occur as a result of approval of this petition. 3. Sensitive individuals. Since the available information reliably supports that IMMGV will not produce adverse effects in humans of any age as a result of exposure by ingestion, dermal contact, or inhalation, and indeed that IMMGV appears to be biologically inactive in other than its natural host, AgriVir, LLC concludes that there is a reasonable certainty that no harm to sensitive persons will result from dietary exposure to residues which could occur as a result of approval of this petition.

G. International Tolerances There are no Codex maximum residue levels established for residues of IMMGV. IMMGV containing products are presently not registered for pest control outside of the U. S.

[ FR Doc. 03   19354 Filed 7   29   03; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ FRL   7537   7]

Framework for Application of the Toxicity Equivalence Methodology for Polychlorinated Dioxins, Furans, and Biphenyls in Ecological Risk Assessment ( External Review Draft); Notice of Availability AGENCY: Environmental Protection Agency. ACTION: Notice of availability and opportunity for public comment.

SUMMARY: The U. S. Environmental Protection Agency ( EPA) is announcing a 60 day public comment period for the draft document titled Framework for Application of the Toxicity Equivalence Methodology for Polychlorinated Dioxins, Furans, and Biphenyls in Ecological Risk Assessment. The document is intended to describe a methodology for assessing ecological risks associated with complex mixtures of dioxins, furans, and dioxin like PCBs in the environment. EPA will consider the public comments in revising the document.

DATES: Comments must be received by September 29, 2003. ADDRESSES: The draft is available via the Internet at http:// cfpub. epa. gov/ ncea/ raf/ recordisplay. cfm? deid= 55669. Comments may be submitted electronically, by mail, or in person, as described in the instructions under Supplementary Information. Comments may be viewed at EPA Dockets at http:/ / www. epa. gov/ edocket ( under Docket ID No. ORD   2003   0002). FOR FURTHER INFORMATION CONTACT: Marilyn Brower, U. S. EPA, ORD National Center for Environmental Assessment, Risk Assessment Forum Staff ( 8601D), 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: 202   564   3363; fax: 202   565   0062; email brower. marilyn@ epa. gov. SUPPLEMENTARY INFORMATION:

I. Submission of Comments You may submit comments electronically, by mail, or through hand delivery/ courier. To ensure proper receipt by EPA, identify the appropriate docket identification number ( ORD   2003   0002) in the subject line on the first page of your comment. Please note that all comments received in response to this notice will be placed in a public record. For that reason, comments should not contain personal information ( such as medical data or home address), Confidential Business Information, or information protected by copyright.

A. Electronically to EPA Dockets Your use of EPA's electronic public docket ( EPA Dockets) to submit comments is EPA's preferred method for receiving comments. Go directly to EPA Dockets at http:// www. epa. gov/ edocket and follow the online instructions for submitting comments. Once in the system, select `` search,'' and then key in Docket ID No. ORD   2003   0002. The system is an `` anonymous access'' system, which means EPA will not know your identity, e mail address, or other contact information unless you provide it. EPA recommends that you include your name and contact information in the body of your comment to ensure that you can be identified as the submitter of the comment and to allow EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment.

B. By Mail Comments may be sent to: Office of Environmental Information Docket, Environmental Protection Agency, Mailcode: 28220T, 1200 Pennsylvania Ave. NW, Washington, DC 20460, Attention Docket ID No. ORD   2003   0002.

C. By Hand Delivery or Courier Deliver your comments to: Office of Environmental Information Docket, EPA West, Room B102, 1301 Constitution Ave. NW, Washington, DC, Attention Docket ID No. ORD   2003   0002. Such deliveries are only accepted during the Docket's normal hours of operation from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the docket is 202   566   1752.

II. Background Polychlorinated dioxins ( PCDDs), furans ( PCDFs), and biphenyls ( PCBs) commonly occur as complex mixtures in the environment. For more than a decade, EPA and other organizations have estimated the combined risks that such mixtures pose to human health using a method known as the toxicity equivalence methodology. The methodology is based on findings that certain PCDDs, PCDFs, and PCBs share a common mechanism of action for their effects but differ in potency. The methodology uses potency factors ( such as Toxicity Equivalence Factors, or TEFs) assigned to each chemical in the mixture as a way of integrating the risks from the entire mixture. Application in ecological risk assessments has proceeded more slowly than in human health risk assessment, in part because of the variety of species from different taxonomic classes ( e. g., fish, birds, and mammals) to be considered. As both data and experience with the methodology have accumulated, however, experts have concluded that the toxicity equivalence methodology can strengthen assessments of ecological risks. At a World Health Organization consultation in 1997, international consensus TEFs for PCDDs, PCDFs, and PCBs were reviewed and the toxicity equivalence methodology expanded to include class specific TEFs for mammals, birds and fish. In 1998, EPA and the U. S. Department of Interior sponsored a workshop that recommended the development of further guidance on application of the toxicity equivalence methodology. This draft framework has been developed in direct response to that workshop recommendation by a technical panel under EPA's Risk Assessment Forum. Organized in accordance with EPA's Guidelines for Ecological Risk Assessment ( 63 FR 26846), this framework is intended to assist EPA scientists in using the methodology, as well as to inform EPA decision makers, other agencies, and the public about this methodology. It provides ecological risk assessors with an understanding of the uncertainties associated with the application of the methodology in general and with situation specific decisions made in applying the VerDate jul< 14> 2003 16: 40 Jul 29, 2003 Jkt 200001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 30JYN1. SGM 30JYN1


[Federal Register: January 30, 2006 (Volume 71, Number 19)]
[Notices]
[Page 4951-4953]
[DOCID:fr30ja06-110]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53151; File No. SR-OCC-2005-21]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
Relating to Allocations Processing

 January 19, 2006.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on December 13, 2004, The
Options Clearing Corporation (``OCC'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change as
described in Items I, II, and III below, which items have been prepared
primarily by OCC. OCC filed the proposed rule change pursuant to
section 19(b)(3)(A) of the Act \2\ whereby the proposal was effective
upon filing with the Commission. 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\ 15 U.S.C. 78s(b)(3)(A)(ii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The proposed rule change adopts new Rule 405, Allocations, to
govern the processing of post-trade allocation instructions for
commodity contracts that are subject to the exclusive jurisdiction of
the Commodity Futures Trading Commission (``CFTC'') that are submitted
by clearing members through a new system OCC plans to install in
January 2006. The rule change also makes conforming by-law and rule
changes, including the addition of certain new definitions.

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

    In its filing with the Commission, OCC 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. OCC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of such
statements.\3\
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    \3\ The Commission has modified parts of these statements.
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(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    OCC's new allocation system will permit the allocation of positions
in securities options, security futures, commodity futures, and options
on futures. In order to permit use of the allocation system, when
installed, for commodity contracts cleared by OCC that are subject to
the exclusive jurisdiction of the CFTC, OCC is filing the proposed rule
change under section 19(b)(3)(A) for immediate effectiveness. However,
new Rule 405 includes Interpretation and Policy .02 which states that
the system may not be used for securities options or security futures
until the Commission has issued an approval order with respect to Rule
405. OCC filed a separate proposed rule change under section 19(b)(2),
File No. SR-OCC-2005-22, that would adopt Rule 405 for use in
allocating positions in contracts subject to the Commission's
jurisdiction.\4\
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    \4\ If the Commission approves proposed rule change SR-OCC-2005-
22, OCC would delete Interpretation and Policy .02.
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    OCC plans to provide clearing members with a centralized system for
processing allocation or ``give-up'' instructions across all exchanges
for which OCC provides clearing services. Allocations are post-trade
instructions entered by one clearing member (i.e., an authorized
``executing'' or ``giving-up'' clearing member) that direct a
transaction or position to the account of another clearing member
(i.e., the ``carrying'' or ``given-up'' clearing member). OCC's
centralized system will enhance OCC's service offerings and will
provide efficiencies to clearing members.
    Post-trade allocations of securities options are currently
processed through OCC's Clearing Member Trade Assignment (``CMTA'')
functionality, which normally causes a transaction to automatically be
moved into an account of the carrying clearing member so long as the
executing and carrying clearing members have an effective CMTA
arrangement registered with OCC for the exchange submitting the
matching trade information for that transaction.\5\ Once Rule 405 is
approved by the Commission for purposes of allocating positions in
securities options, clearing members will be able to elect either to
continue to use the existing CMTA system or to use the new allocation
system for securities options.
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    \5\ See OCC Rule 403.
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    For most commodity futures cleared through OCC, post-trade
allocations are currently processed through The Clearing Corporation's
(``CCorp'') ``give-up'' system, which requires the given-up clearing
member to affirmatively accept a transaction.\6\ OCC's allocation
system will enable clearing members to process futures ``give-ups''
without going through the CCorp system.
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    \6\ See OCC Rule 404.
---------------------------------------------------------------------------

    New Rule 405 will govern the processing of allocation instructions
and will operate as follows. Transactions will first clear in the
designated account of the giving-up clearing member. Instructions to
allocate positions may be submitted either through an exchange's system
for providing matching trade information to OCC or through OCC's
clearing system, ENCORE. In either case, if the given-up and giving-up
clearing members are parties to an allocation agreement that has been
registered with OCC, OCC will automatically allocate the positions
resulting from an allocation instruction to a designated account of the
given-up clearing member without further action by the clearing
members.\7\ If the clearing members are not parties to a registered
allocation agreement, OCC will not effect the allocation instruction
until the given-up clearing member gives OCC notice of its affirmative
acceptance of the allocated positions. (In contrast, the CMTA system
does not allow for acceptance of allocated positions without a
registered CMTA agreement.) If the given-up clearing member does not
give OCC notice of such acceptance by an OCC-specified deadline, the
allocation instruction will not be processed, and the positions will
remain in the account of the giving-up clearing member, which will
remain obligated on those positions.
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    \7\ Unlike CMTAs, clearing members will not be required to
register their allocation arrangement by exchange.
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    A given-up clearing member will be responsible for appropriately
allocated positions. Given-up positions are moved to the given-up
clearing member's account at the premium price in the case of options
or at the contract price in the case of futures at which the positions
were established by the executing clearing member. Positions

that are allocated on an intraday basis will not be reflected in
position reports until the following business day. However, OCC will
take those positions into account in processing any intraday
settlements authorized by its By-laws and Rules, including intraday
margin settlements. A given-up clearing member may enter an instruction
to reverse an allocation that was accepted in error. If the given-up
and giving-up clearing members are parties to a registered allocation
agreement, the reversing instruction will be automatically processed.
If the clearing members are not parties to a registered allocation
agreement, the reversing instruction must be affirmatively accepted by
the original giving-up clearing member.
    Allocation instructions may be for a single position (i.e., a
position in a given series established at a single price) or for a
group of positions (i.e., positions in the same series established at
different prices). Allocation instructions for grouped positions must
be submitted through ENCORE. For single positions, the instruction must
identify the contract quantity, series, and price as specified in the
matching trade information. For grouped positions, the allocation
instruction must provide the same information, but the price may be an
average price if not prohibited under exchange rules and applicable
law.\8\ For the convenience of clearing members, OCC's system will
produce a suggested average price for grouped allocations that clearing
members may adopt for purposes of processing the instruction.
---------------------------------------------------------------------------

    \8\ Average pricing is permitted under the Commodity Exchange
Act in certain circumstances. In those circumstances, a clearing
member may instruct OCC to use the average price in clearing and
settling the trades. Clearing members have requested that OCC
provide functionality that would also permit positions in securities
options and security futures to be allocated at an average price.
Accordingly, OCC has developed its allocation system to accommodate
the use of such prices for security options and futures, provided
that such use does not violate exchange rules or applicable law.
---------------------------------------------------------------------------

    Registration of allocation agreements may be terminated either by
mutual agreement or unilaterally. Mutually terminated registrations
will be effected immediately in OCC's system. Unilaterally terminated
registrations will be terminated in OCC's system effective as of 8 a.m.
CST the business day after the termination notice is received by OCC
and the other clearing member. These are the same standards currently
applied to terminating CMTA arrangements under OCC Rule 403. Following
termination of registration of an allocation agreement, an allocated
position may be allocated to a given-up clearing member only upon its
affirmative acceptance.
    Other changes made to OCC's By-laws and Rules reflect the adoption
of Rule 405, including the addition of Given-Up Clearing Member and
Giving-Up Clearing Member as defined terms in Article I, section 1.
    OCC believes that the proposed rule change is consistent with
section 17A of the Act because it is designed to ensure that positions
resulting from exchange transactions are carried in the appropriate
clearing member account, which is the account of the clearing broker
for the investor for whom such transactions were executed and thereby
promotes the prompt and accurate clearance and settlement of
transactions in derivative contracts, fosters cooperation and
coordination with persons engaged in the clearance and settlement of
such transactions, removes impediments to and perfects a mechanism of a
national system for the prompt and accurate clearance and settlement of
such transactions, and, in general, protects investors and the public
interest. The proposed rule change is not inconsistent with the
existing rules of OCC, including any other rules proposed to be
amended.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    OCC does not believe that the proposed rule change would impose any
burden on competition.

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

    Written comments were not and are not intended to be solicited with
respect to the proposed rule change, and none have been received.

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

    The foregoing proposed rule change has become effective pursuant to
section 19(b)(3)(A)(iii) of the Act \9\ and Rule 19b-4(f)(4) \10\
thereunder because it effects a change in an existing service of a
registered clearing agency that (i) does not adversely affect the
safeguarding of securities or funds in the custody or control of the
clearing agency or for which it is responsible; and (ii) does not
significantly affect the respective rights or obligations of the
clearing agency or persons using the service. At any time within 60
days of the filing of the proposed rule change, the Commission may
summarily abrogate 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.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(4).
---------------------------------------------------------------------------

VI. 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 e-mail to<EMAIL_ADDRESS>Please include

File Number SR-OCC-2005-21 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-9303.

All submissions should refer to File Number SR-OCC-2005-21. This file
number should be included on the subject line if e-mail 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 inspection and
copying in the Commission's Public Reference Section, 100 F Street,
NE., Washington, DC 20549. Copies of such filing also will be available
for inspection and copying at the principal office of OCC and on OCC's
Web site at http://www.optionsclearing.com.

    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-OCC-2005-21
and should

be submitted on or before February 21, 2006.

    For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
 [FR Doc. E6-1085 Filed 1-27-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Proposed Rules]
[Page 95097]
[FR Doc No: 2016-31263]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 79 and 80

[EPA-HQ-OAR-2016-0041; FRL-9957-45-OAR]
RIN 2060-AS66

Renewables Enhancement and Growth Support Rule; Extension of
Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; extension of public comment period.

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

SUMMARY: On November 16, 2016, the Environmental Protection Agency
(EPA) proposed the Renewables Enhancement and Growth Support (REGS)
rule. The proposal specified that the public comment period would end
on January 17, 2017, 60 days after publication in the Federal Register.
On December 9, 2016, the EPA received a joint request for an extension
of the comment period from the following parties: American Soybean
Association, Corn Refiners Association, Global Renewable Strategies and
Consulting, LLC, Growth Energy, Iowa Biodiesel Board, Iowa Renewable
Fuels Association, National Biodiesel Board, National Renderers
Association, Renewable Fuels Association, and U.S. Canola Association.
The petitioners requested an extension in order to have more time to
evaluate the implications of the REGS rule. In light of the large
number of revisions proposed in this action, the EPA is extending the
deadline for written comments on the proposal by 30 days to February
16, 2017.

DATES: Comments must be received on or before February 16, 2017.

ADDRESSES: Submit your comments on the proposed REGS rule, identified
by Docket ID No. EPA-HQ-OAR-2016-0041, at http://www.regulations.gov.
Follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or withdrawn from Regulations.gov. The EPA
may publish any comment received to its public docket. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). For additional submission
methods, the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Julia MacAllister, Assessment and
Standards Division, Office of Transportation and Air Quality,
Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI
48105; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The EPA proposed rule was published on
November 16, 2016, at 81 FR 80828. For the reasons stated, the public
comment period will now end on February 16, 2017.

    Dated: December 20, 2016.
Christopher Grundler,
Director, Office of Transportation and Air Quality.
[FR Doc. 2016-31263 Filed 12-23-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Notices]
[Pages 36354-36355]
[FR Doc No: 2023-11773]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration Aviation Rulemaking Advisory
Committee; Meeting

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Aviation Rulemaking Advisory Committee (ARAC)
meeting.

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

SUMMARY: This notice announces a meeting of the ARAC.

DATES: The meeting will be held on Thursday, July 20, 2023, from 1:00
p.m. to 4:00 p.m. Eastern Time.

    Requests to attend the meeting must be received by Monday, June 26,
2023.
    Requests for accommodations to a disability must be received by
Monday, June 26, 2023.
    Requests to submit written materials to be reviewed during the
meeting must be received no later than Monday, June 26, 2023.

ADDRESSES: The meeting will be held at the Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591, and
virtually on Zoom. However, if the FAA is unable to hold the meeting in
person due to circumstances outside of its control, the FAA will hold a
virtual meeting and notify registrants with the meeting details and
post any updates on the FAA Committee website. Members of the public
who wish to observe the meeting must RSVP by emailing [email protected]. General committee information including copies of the
meeting minutes will be available on the FAA Committee website at
https://www.faa.gov/regulations_policies/rulemaking/committees/documents/.

FOR FURTHER INFORMATION CONTACT: Lakisha Pearson, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591,
telephone<PHONE_NUMBER>; email [email protected]. Any committee-
related request should be sent to the person listed in this section.

SUPPLEMENTARY INFORMATION:

I. Background

    The ARAC was created under the Federal Advisory Committee Act
(FACA), in accordance with Title 5 of the United States Code (5 U.S.C.
App. 2) to provide advice and recommendations to the FAA concerning
rulemaking activities, such as aircraft operations, airman and air
agency certification, airworthiness standards and certification,
airports, maintenance, noise, and training.

II. Agenda

    At the meeting, the agenda will cover the following topics:
     Status Updates:
    [cir] Active Working Groups
    [cir] Transport Airplane and Engine (TAE) Subcommittee
     Recommendation Reports
     Status Report from the FAA
     Any Other Business
    Detailed agenda information will be posted on the FAA Committee
website address listed in the ADDRESSES section at least one week in
advance of the meeting.

III. Public Participation

    The meeting will be open to the public for virtual or in person
attendance on a first-come, first served basis, as space is limited.
Please confirm your attendance with the person listed in the FOR
FURTHER INFORMATION CONTACT section and provide the following
information: full legal name, country of citizenship, and name of your
industry association or applicable affiliation. Please indicate if you
plan to observe the meeting in-person or virtually. When registration
is confirmed, FAA will email registrants to provide meeting access
information in a timely manner prior to the meeting.
    The U.S. Department of Transportation is committed to providing
equal access to this meeting for all participants. If you need
alternative formats or services because of a disability, such as sign
language, interpretation, or other ancillary aids, please contact the
person listed in the FOR FURTHER INFORMATION CONTACT section.
    The FAA is not accepting oral presentations at this meeting due to
time constraints. Any member of the public may present a written
statement to the committee at any time. The public may present written
statements to ARAC by providing a copy to the Designated Federal
Officer via the email listed in the FOR FURTHER INFORMATION CONTACT
section.

    Issued in Washington, DC, on May 26, 2023.
Brandon Roberts,
Executive Director, Office of Rulemaking.
[FR Doc. 2023-11773 Filed 6-1-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 215 (Tuesday, November 8, 2022)]
[Proposed Rules]
[Pages 67430-67433]
[FR Doc No: 2022-24369]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0895]
RIN 1625-AA00

Safety Zone; Potomac River, Between Charles County, MD and King
George County, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain waters of the Potomac River. This action is necessary
to provide for the safety of life on these navigable waters at the old
Governor Harry W. Nice/Senator Thomas ``Mac'' Middleton Memorial (US-
301) Bridge during demolition operations from February 1, 2023 through
February 14, 2023. This proposed rulemaking would prohibit persons and
vessels from being in the safety zone unless authorized by the Captain
of the Port, Maryland-National Capital Region or a designated
representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before December 8, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0895 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Ron Houck, Sector Maryland-NCR,
Waterways Management Division, U.S. Coast Guard: telephone 410-576-
2674, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security

FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    Skanska-Corman-McLean, Joint Venture notified the Coast Guard that
it will be conducting demolition of the old Governor Harry W. Nice/
Senator Thomas ``Mac'' Middleton Memorial (US-301) Bridge, which will
occur from 12:01 a.m. on February 1, 2023, to 11:59 p.m. on February
14, 2023. The bridge is located on the Potomac River, at mile 43.3,
between Charles County, MD and King George County, VA. The segment of
the old bridge over waters that include the steel truss sections
between Piers 13 and 16 (including the main span over the federal
navigation channel) requires the use of explosives, and debris removal
and hydrographic surveying equipment. Marine equipment, including
barges, positioned in the Potomac River will be used to support the
bridge demolition and debris removal operation. This operation also
requires the use of a temporary commercial mooring buoy in the Potomac
River south of the old bridge where the explosives barge will be kept.
This operation will impede vessels requiring the use of the federal
navigation channel. Hazards from the demolition and debris removal work
include accidental discharge of explosives, dangerous projectiles,
hanging ropes or cables, and falling objects or debris. The Captain of
the Port, Maryland-National Capital Region (COTP) has determined that
potential hazards associated with the demolition and removal of the old
Governor Harry W. Nice/Senator Thomas ``Mac'' Middleton Memorial (US-
301) Bridge would be a safety concern for anyone within or near the
federal navigation channel.
    The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within or near the federal navigation channel
at the old Governor Harry W. Nice/Senator Thomas ``Mac'' Middleton
Memorial (US-301) Bridge before, during, and after the scheduled event.
The Coast Guard is proposing this rulemaking under authority in 46
U.S.C. 70034 (previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP is proposing to establish a safety zone from 12:01 a.m. on
February 1, 2023, to 11:59 p.m. on February 14, 2023. The safety zone
would cover the following areas:
    Area 1. All navigable waters of the Potomac River, encompassed by a
line connecting the following points beginning at 38[deg]21'51.57'' N,
076[deg]59'14.53'' W, thence south to 38[deg]21'41.35'' N,
076[deg]59'12.33'' W, thence west to 38[deg]21'37.90'' N,
076[deg]59'38.25'' W, thence north to 38[deg]21'48.14'' N,
076[deg]59'40.45'' W, and east back to the beginning point, located
between Charles County, MD and King George County, VA.
    Area 2. All navigable waters of the Potomac River, within 1,500
feet of the explosives barge located in approximate position
38[deg]21'21.47'' N, 076[deg]59'45.40'' W.
    The duration of the zone is intended to ensure the safety of
vessels and these navigable waters before, during, and after the
scheduled demolition and debris removal. Except for marine equipment
and vessels operated by Skanska-Corman-McLean, Joint Venture, or its
subcontractors, no vessel or person would be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative. The term designated representative also includes an
employee or contractor of Skanska-Corman-McLean, Joint Venture for the
sole purposes of designating and establishing safe transit corridors,
to permit passage into or through the safety zone, or to notify vessels
and individuals that they have entered the safety zone and are required
to leave.
    The COTP will notify the public that the safety zone will be
enforced by all appropriate means to the affected segments of the
public, as practicable, in accordance with 33 CFR 165.7(a). Such means
of notification will also include, but are not limited to, Broadcast
Notice to Mariners. Vessels or persons violating this rule are subject
to the penalties set forth in 46 U.S.C. 70036 (previously codified in
33 U.S.C. 1232) and 46 U.S.C. 70052 (previously codified in 50 U.S.C.
192). The regulatory text we are proposing appears at the end of this
document.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the size, location
and time of year of the safety zone. The temporary safety zone is
approximately 700 yards in width and 350 yards in length. This safety
zone would impact a small designated area of the Potomac River for 14
total days, but we anticipate that there would be no vessels that are
unable to conduct business. Excursion vessels and commercial fishing
vessels are not impacted by this rulemaking. Excursion vessels do not
operate in this area, and commercial fishing vessels are not impacted
because of their draft. Some towing vessels may be impacted, but bridge
project personnel have been conducting outreach throughout the project
in order to coordinate with those vessels. This safety zone would be
established outside the normal recreational boating season for this
area, which occurs during the summer season. Additionally, vessel
traffic, including recreational vessels, not required to use the
navigation channel would be able to safely transit around the safety
zone. Such vessels may be able to transit to the east or the west of
the federal navigation channel, as similar vertical clearance and water
depth exist under the next bridge span to the east and west. Moreover,
the Coast Guard would issue Local Notices to Mariners and a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.

    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a safety
zone lasting 14 total days that would prohibit entry within a portion
of the Potomac River. Normally such actions are categorically excluded
from further review under paragraph L60(a) of Appendix A, Table 1 of
DHS Instruction Manual 023-01-001-01, Rev. 1. A preliminary Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2022-0895 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
    Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
    Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T05-0895 to read as follows:

Sec.  165.T05-0895  Safety Zone; Potomac River, Between Charles County,
MD and King George County, VA.

    (a) Location. The following areas are a safety zone: These
coordinates are based on datum NAD 83.
    (1) Area 1. All navigable waters of the Potomac River, encompassed
by a line connecting the following points beginning at
38[deg]21'51.57'' N, 076[deg]59'14.53'' W, thence south to
38[deg]21'41.35'' N, 076[deg]59'12.33'' W, thence west to
38[deg]21'37.90'' N, 076[deg]59'38.25'' W, thence north to
38[deg]21'48.14'' N, 076[deg]59'40.45'' W, and east back to the
beginning point, located between Charles County, MD and King George
County, VA.
    (2) Area 2. All navigable waters of the Potomac River within 1,500
feet of the explosives barge located in approximate position
38[deg]21'21.47'' N, 076[deg]59'45.40'' W.
    (b) Definitions. As used in this section--
    Captain of the Port (COTP) means the Commander, U.S. Coast Guard
Sector Maryland-National Capital Region.
    Designated representative means any Coast Guard commissioned,
warrant, or petty officer, including a Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard vessel and a Federal,
State, and local officer designated by or assisting the Captain of the
Port Maryland-National Capital Region (COTP) in the enforcement of the
safety zone. The term also includes an employee or contractor of
Skanska-Corman-McLean, Joint Venture for the sole purposes of
designating and establishing safe transit corridors, to permit passage
into or through the safety zone, or to notify vessels and individuals
that they have entered the safety zone and are required to leave.
    Marine equipment means any vessel, barge or other equipment
operated by Skanska-Corman-McLean, Joint Venture, or its
subcontractors.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, except for marine equipment, you may not enter
the safety zone described in paragraph (a) of this section unless
authorized by the COTP, Skanska-Corman-McLean, Joint Venture, or the
COTP's designated representative. If a vessel or person is notified by
the COTP, Skanska-Corman-McLean, Joint Venture, or the COTP's
designated representative that they have entered the safety zone
without permission, they are required to immediately leave in a safe
manner following the directions given.
    (2) Mariners requesting to transit any of these safety zone areas
must first contact the Skanska-Corman-McLean, Joint Venture designated
representative, the on-site project manager by telephone number 785-
953-1465 or on Marine Band Radio VHF-FM channels 13 and 16 from the
pusher tug Miss Stacy. If permission is granted, mariners must proceed
at their own risk and strictly observe any and all instructions
provided by the COTP, Skanska-Corman-McLean, Joint Venture, or
designated representative to the mariner regarding the conditions of
entry to and exit from any area of the safety zone. The COTP or the
COTP's representative can be contacted by telephone number<PHONE_NUMBER>
or on Marine Band Radio VHF-FM channel 16 (156.8 MHz).
    (3) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue marine information
broadcasts on VHF-FM marine band radio announcing specific enforcement
dates and times.
    (d) Enforcement officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the safety zone by Federal, State, and
local agencies.
    (e) Enforcement period. This section will be enforced from 12:01
a.m. on February 1, 2023, to 11:59 p.m. on February 14, 2023.

    Dated: November 3, 2022.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2022-24369 Filed 11-7-22; 8:45 am]
BILLING CODE 9110-04-P