[Federal Register Volume 76, Number 250 (Thursday, December 29, 2011)]
[Notices]
[Pages 82031-82035]
[FR Doc No: 2011-33465]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Public Notice for Waiver of Aeronautical Land-use Assurance;
DuPage Airport, West Chicago, IL

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of intent of waiver with respect to land.

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SUMMARY: The Federal Aviation Administration (FAA) is considering a
proposal to change a portion of airport land from aeronautical use to
non-aeronautical use and to authorize the sale of the airport property.
The proposal consists of all or portions of Parcels 209A, 213, 217,
218, 219, 220, 221, 314, 315, 401, 402, 404, 406, 407, 408, 409, 410,
411, 412, 413, 414, and 416, totaling 605.3 acres. Presently the land
is vacant and used as open land for control of FAR Part 77 surfaces and
compatible land use and is not needed for aeronautical use, as shown on
the Airport Layout Plan. The Parcels were acquired without Federal
participation. It is the intent of the DuPage Airport Authority, as
owner and operator of the DuPage Airport (DPA) to sell the
aforementioned Parcels (605.3 Acres) in

fee to the DuPage County (22.7 acres for Kress Creek floodplain
control), the City of West Chicago (37.7 acres for the ownership and
maintenance of existing roadways), the Illinois Department of
Transportation (11.3 acres for the improvement of State Route 38), and
to private entities (533.6 acres for corporate/industrial development).
This notice announces that the FAA is considering the proposal to
authorize the disposal of the subject airport property at the DuPage
Airport, West Chicago, IL. Approval does not constitute a commitment by
the FAA to financially assist in disposal of the subject airport
property nor a determination that all measures covered by the program
are eligible for grant-in-aid funding from the FAA. The disposition of
proceeds from the disposal of the airport property will be in
accordance with FAA's Policy and Procedures Concerning the Use of
Airport Revenue, published in the Federal Register on February 16,
1999.
    In accordance with section 47107(h) of Title 49, United States
Code, this notice is required to be published in the Federal Register
30 days before modifying the land-use assurance that requires the
property to be used for an aeronautical purpose.

DATES: Comments must be received on or before January 30, 2012.

FOR FURTHER INFORMATION CONTACT: Richard Pur, Program Manager, 2300
East Devon Avenue, Des Plaines, IL 60018. Telephone Number (847) 294-
7527/Fax Number<PHONE_NUMBER>. Documents reflecting this FAA action
may be reviewed at this same location by appointment or at the DuPage
Airport, 2700 International Drive, Suite 200, West Chicago, IL 60185.

SUPPLEMENTARY INFORMATION: The various parcels were combined into three
large parcels for legal description purposes with exceptions for the
portions of those parcels that are being retained by the DAA. Parcel A
includes portions of Parcels 209A (SOUTH OF THE Union Pacific Railroad,
231 (south of the Union Pacific Railroad) and all of Parcels 217, 218,
219, 220, 221, 314 and 315 as per the Exhibit A. Parcel B includes
Parcels 401, 402, 404, 406, 407, 408, 409, 410, 411, 414 (north of
Fabyan Parkway), and 416 as per the Exhibit A. Parcel C includes
Parcels 412, 413, and 414 (south of Fabyan Parkway) as per the Exhibit
A. Following is a legal description of the property (located in DuPage
County, Illinois, and described as follows:

Parcel A

    THAT PART OF SECTION'S 7, 8, 17 AND 18 IN TOWNSHIP 39 NORTH,
RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN IN DUPAGE COUNTY,
ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE FOUND CAST IRON
MONUMENT MARKING THE WEST QUARTER CORNER OF SAID SECTION 18, PER
DOCUMENT NO. 1633400, RECORDED MARCH 23, 1983 IN KANE COUNTY,
ILLINOIS; THENCE EASTERLY ALONG THE EAST--WEST CENTERLINE OF SAID
SECTION 18, HAVING AN ILLINOIS EAST ZONE GRID BEARING OF NORTH 89
DEGREES 06 MINUTES 02 SECONDS EAST 1959.41 FEET (1950.30 RECORD),
ALONG SAID EAST--WEST CENTERLINE, SAID LINE ALSO BEING THE NORTHERLY
LINE OF BATAVIA BUSINESS PARK SUBDIVISION RECORDED JUNE 30, 2000 AS
DOCUMENT NO. R2000-099708, AND THE NORTHERLY LINE OF THE LANDS OF
THE UNITED STATES ATOMIC ENERGY COMMISSION (A.K.A. FERMILAB) AS
DESCRIBED BY DOCUMENT NO. R69-12012 RECORDED MARCH 21, 1969, TO A
FOUND REBAR IN CONCRETE; THENCE NORTH 00 DEGREES 46 MINUTES 59
SECONDS EAST 227.53 FEET (227.38 RECORD) ALONG A DIVISION LINE
DESCRIBED BY SAID DOCUMENT NO. R69-12012, TO A FOUND REBAR IN
CONCRETE; THENCE NORTH 64 DEGREES 57 MINUTES 04 SECONDS EAST 4704.36
FEET, ALONG SAID NORTHERLY LINE OF THE UNITED STATES ATOMIC ENERGY
COMMISSION (A.K.A. FERMILAB) SAID NORTHERLY LINE, ALSO BEING
DESCRIBED BY DOCUMENT NO. R69-15549 RECORDED APRIL 14, 1969, TO A
POINT ON THE WESTERLY LINE OF PARCEL 2 IN RAY W. McDONALD CANTERBURY
ASSESSMENT PLAT, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 10,
1978 AS DOCUMENT NO. R78-12409; THENCE NORTH 00 DEGREES 00 MINUTES
58 SECONDS WEST 725.08 FEET, ALONG SAID WESTERLY LINE TO A POINT ON
THE SOUTHERLY RIGHT OF WAY LINE OF FABYAN PARKWAY (A.K.A. BARTON
ROAD AND DUPAGE COUNTY HIGHWAY 21) AS CONDEMNED BY DOCUMENT NO'S.
70J-3066 AND 70J-3009; THENCE WESTERLY ALONG SAID RIGHT OF WAY LINE,
BEING A TANGENTIAL CURVE CONCAVE TO THE NORTHWEST, RADIUS 1492.40
FEET, CENTRAL ANGLE 34 DEGREES 02 MINUTES 34 SECONDS, 886.72 FEET,
THE CENTER OF SAID CIRCLE BEARS NORTH 39 DEGREES 25 MINUTES 37
SECONDS WEST (THE CHORD BEARS SOUTH 67 DEGREES 35 MINUTES 40 SECONDS
WEST 873.73 FEET); THENCE SOUTH 85 DEGREES 47 MINUTES 23 SECONDS
WEST 244.90 FEET (245.09 RECORD) ALONG SAID RIGHT OF WAY LINE, SAID
COURSE BEING A LINE NON TANGENT TO SAID CURVE; THENCE NORTH 86
DEGREES 13 MINUTES 26 SECONDS WEST 246.10 FEET, ALONG SAID RIGHT OF
WAY LINE TO A POINT ON THE CENTERLINE OF McCHESNEY ROAD, BEING
ORIGINALLY DEDICATED APRIL 30, 1842, IN BOOK ``A'' PAGE 128 OF THE
WINFIELD TOWNSHIP ROAD RECORDS (NOW VACATED PER DOCUMENT NO. R95-
177561, RECORDED DECEMBER 15, 1995); THENCE NORTH 07 DEGREES 36
MINUTES 07 SECONDS WEST 25.45 FEET, ALONG SAID CENTERLINE, SAID
CENTERLINE ALSO, BEING THE SAID RIGHT OF WAY LINE; THENCE NORTH 85
DEGREES 57 MINUTES 05 SECONDS WEST 3213.47 FEET, ALONG SAID RIGHT OF
WAY LINE, BEING ALSO, DEDICATED AND DESCRIBED BY DOCUMENT NO. R70-
33932 RECORDED SEPTEMBER 21, 1970 AND BY CONDEMNATION CASE FILED AS
C70-1716 IN THE DUPAGE CIRCUIT COURT, TO A POINT ON A 9499.31 FEET
RADIUS CURVE, THE CENTER OF SAID BEARS SOUTH 03 DEGREES 38 MINUTES
59 SECONDS WEST FROM SAID POINT; THENCE WESTERLY ALONG SAID CURVE
AND RIGHT OF WAY LINE, 615.71 FEET, CENTRAL ANGLE 03 DEGREES 42
MINUTES 49 SECONDS (THE CHORD BEARS NORTH 88 DEGREES 12 MINUTES 25
SECONDS WEST 615.60 FEET); THENCE NORTH 89 DEGREES 44 MINUTES 38
SECONDS WEST ALONG SAID RIGHT OF WAY LINE, BEING A LINE NON TANGENT
TO SAID CURVE 1103.02 FEET (1102.96 RECORD), TO A POINT ON THE WEST
LINE SOUTHWEST QUARTER OF SAID SECTION 7; THENCE SOUTH 00 DEGREES 19
MINUTES 53 SECONDS WEST 279.64 FEET, ALONG SAID WEST LINE AND THE
WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 18 TO A CAST IRON
MONUMENT MARKING THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF
SECTION 13, TOWNSHIP 39 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN IN KANE COUNTY, ILLINOIS, PER DOCUMENT NO. S-84-45 RECORDED
SEPTEMBER 10, 1984 IN DUPAGE COUNTY, ILLINOIS; THENCE SOUTH 00
DEGREES 03 MINUTES 04 SECONDS EAST 2636.99 FEET, ALONG SAID WEST
LINE OF THE NORTHWEST QUARTER, TO THE POINT OF BEGINNING.
    EXCEPTING THEREFROM DUPAGE NATIONAL TECHNOLOGY PARK--SOUTH
ASSESSMENT PLAT LOT 2, BEING PART OF THE SOUTHWEST QUARTER OF
SECTION 7 AND THE NORTH HALF OF SECTION 18, ALL IN TOWNSHIP 39
NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED OCTOBER 10, 2007 AS DOCUMENT NUMBER R2007-
184627, IN DUPAGE COUNTY, ILLINOIS.
    ALSO EXCEPTING,
    THAT PART OF SECTION'S 8, 17 AND 18 IN TOWNSHIP 39 NORTH, RANGE
9 EAST OF THE THIRD PRINCIPAL MERIDIAN IN DUPAGE COUNTY, ILLINOIS,
DESCRIBED AS FOLLOWS: COMMENCING AT THE FOUND CAST IRON MONUMENT
MARKING THE WEST QUARTER CORNER OF SAID SECTION 18, PER DOCUMENT NO.
1633400, RECORDED MARCH 23, 1983 IN KANE COUNTY, ILLINOIS; THENCE
EASTERLY ALONG THE EAST--WEST CENTERLINE OF SAID SECTION 18, HAVING
AN ILLINOIS EAST ZONE GRID BEARING OF NORTH 89 DEGREES 06 MINUTES 02
SECONDS EAST 1959.41 FEET (1950.30 RECORD), ALONG SAID EAST--WEST
CENTERLINE, SAID LINE ALSO BEING THE NORTHERLY LINE OF

BATAVIA BUSINESS PARK SUBDIVISION RECORDED JUNE 30, 2000 AS DOCUMENT
NO. R2000-099708, AND THE NORTHERLY LINE OF THE LANDS OF THE UNITED
STATES ATOMIC ENERGY COMMISSION (A.K.A. FERMILAB) AS DESCRIBED BY
DOCUMENT NO. R69-12012 RECORDED MARCH 21, 1969, TO A FOUND REBAR IN
CONCRETE; THENCE NORTH 00 DEGREES 46 MINUTES 59 SECONDS EAST 227.53
FEET (227.38 RECORD) ALONG A DIVISION LINE DESCRIBED BY SAID
DOCUMENT NO. R69-12012, TO A FOUND REBAR IN CONCRETE; THENCE NORTH
64 DEGREES 57 MINUTES 04 SECONDS EAST 1493.07 FEET, ALONG SAID
NORTHERLY LINE OF THE UNITED STATES ATOMIC ENERGY COMMISSION (A.K.A.
FERMILAB) SAID NORTHERLY LINE, ALSO, BEING DESCRIBED BY DOCUMENT NO.
R69-15549 RECORDED APRIL 14, 1969 TO THE SOUTHEASTERLY CORNER OF
DUPAGE NATIONAL TECHNOLOGY PARK--SOUTH ASSESSMENT PLAT LOT 2, BEING
PART OF THE SOUTHWEST QUARTER OF SECTION 7 AND THE NORTH HALF OF
SECTION 18, ALL IN TOWNSHIP 39 NORTH, RANGE 9 EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER
10, 2007 AS DOCUMENT NUMBER R2007-184627, SAID SOUTHEASTERLY CORNER
BEING THE POINT OF BEGINNING; THENCE CONTINUING NORTH 64 DEGREES 57
MINUTES 04 SECONDS EAST 3211.29 FEET, ALONG SAID NORTHERLY LINE TO A
POINT ON THE WESTERLY LINE OF PARCEL 2 IN RAY W. McDONALD CANTERBURY
ASSESSMENT PLAT, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 10,
1978 AS DOCUMENT NO. R78-12409; THENCE NORTH 00 DEGREES 00 MINUTES
58 SECONDS WEST 725.08 FEET, ALONG SAID WESTERLY LINE TO A POINT ON
THE SOUTHERLY RIGHT OF WAY LINE OF FABYAN PARKWAY (A.K.A. BARTON
ROAD AND DUPAGE COUNTY HIGHWAY 21) AS CONDEMNED BY DOCUMENT NO'S.
70J-3066 AND 70J-3009; THENCE WESTERLY ALONG SAID RIGHT OF WAY LINE,
BEING A TANGENTIAL CURVE CONCAVE TO THE NORTHWEST, RADIUS 1492.40
FEET, CENTRAL ANGLE 34 DEGREES 02 MINUTES 34 SECONDS, 886.72 FEET,
THE CENTER OF SAID CIRCLE BEARS NORTH 39 DEGREES 25 MINUTES 37
SECONDS WEST (THE CHORD BEARS SOUTH 67 DEGREES 35 MINUTES 40 SECONDS
WEST 873.73 FEET); THENCE SOUTH 85 DEGREES 47 MINUTES 23 SECONDS
WEST 244.90 FEET (245.09 RECORD) ALONG SAID RIGHT OF WAY LINE, SAID
COURSE BEING A LINE NON TANGENT TO SAID CURVE; THENCE NORTH 86
DEGREES 13 MINUTES 26 SECONDS WEST 246.10 FEET, ALONG SAID RIGHT OF
WAY LINE TO A POINT ON THE CENTERLINE OF McCHESNEY ROAD, BEING
ORIGINALLY DEDICATED APRIL 30, 1842, IN BOOK ``A'' PAGE 128 OF THE
WINFIELD TOWNSHIP ROAD RECORDS (NOW VACATED PER DOCUMENT NO. R95-
177561, RECORDED DECEMBER 15, 1995); THENCE SOUTH 07 DEGREES 36
MINUTES 07 SECONDS EAST 189.47 FEET, ALONG SAID CENTERLINE; THENCE
NORTH 84 DEGREES 53 MINUTES 25 SECONDS WEST 1149.25 FEET; THENCE
SOUTH 69 DEGREES 29 MINUTES 24 SECONDS WEST 237.26 FEET; THENCE
NORTH 88 DEGREES 03 MINUTES 16 SECONDS WEST 923.49 FEET; THENCE
SOUTH 09 DEGREES 07 MINUTES 39 SECONDS WEST 68.87 FEET TO A POINT ON
THE NORTHERLY LINE OF SAID DUPAGE NATIONAL TECHNOLOGY PARK--SOUTH
ASSESSMENT PLAT LOT 2, SAID NORTHERLY LINE BEING A 2184.40 FEET
RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID
NORTHERLY LINE AN ARC DISTANCE OF 64.21 FEET (THE CHORD BEARS NORTH
89 DEGREES 03 MINUTES 59 SECONDS EAST 64.21 FEET) TO THE
NORTHEASTERLY CORNER OF SAID DUPAGE NATIONAL TECHNOLOGY PARK--SOUTH
ASSESSMENT PLAT LOT 2; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF
SAID DUPAGE NATIONAL TECHNOLOGY PARK--SOUTH ASSESSMENT PLAT LOT 2,
BEING A 1295.98 FEET RADIUS CURVE, CONCAVE EASTERLY AN ARC DISTANCE
OF 322.53 FEET (THE CHORD BEARS SOUTH 10 DEGREES 33 MINUTES 16
SECONDS WEST 321.70 FEET); THENCE SOUTH 08 DEGREES 59 MINUTES 17
SECONDS WEST 210.74 FEET ALONG SAID EASTERLY LINE TO A POINT ON A
2262.61 FEET RADIUS CURVE, CONCAVE EASTERLY, SAID CURVE BEING SAID
EASTERLY LINE; THENCE SOUTHERLY ALONG SAID EASTERLY LINE AN ARC
DISTANCE OF 1254.97 FEET (THE CHORD BEARS SOUTH 34 DEGREES 27
MINUTES 05 SECONDS EAST 1238.95 FEET) TO THE POINT OF BEGINNING.

    Said Parcel contains 148.4 acres, more or less.

Parcel B

    THAT PART OF SECTION 7 AND 8 IN TOWNSHIP 39 NORTH, RANGE 9 EAST
OF THE THIRD PRINCIPAL MERIDIAN IN DUPAGE COUNTY, ILLINOIS,
DESCRIBED AS FOLLOWS: BEGINNING AT THE FOUND CAST IRON MONUMENT
MARKING THE EAST QUARTER CORNER OF SECTION 12, TOWNSHIP 39 NORTH,
RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN IN KANE COUNTY,
ILLINOIS, PER DOCUMENT NO. 1633402, RECORDED MARCH 23, 1983 IN KANE
COUNTY, ILLINOIS; THENCE NORTHERLY ALONG THE WEST LINE OF SAID
SECTION 7, HAVING A ILLINOIS EAST ZONE GRID BEARING OF NORTH 00
DEGREES 02 MINUTES 50 SECONDS EAST 1871.87 FEET ALONG SAID WEST LINE
TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF THE CHICAGO AND
NORTHWESTERN RAILROAD; THENCE NORTH 88 DEGREES 49 MINUTES 28 SECONDS
EAST 313.31 FEET, TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF
ROOSEVELT ROAD (A.K.A. IL. ROUTE 38 AND U.S. HIGHWAY 330) AS
DEDICATED AND DESCRIBED BY DOCUMENT NO. 830737, RECORDED JANUARY 25,
1957; THENCE SOUTH 76 DEGREES 14 MINUTES 43 SECONDS EAST 747.67
FEET, ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF ROOSEVELT ROAD;
THENCE NORTH 13 DEGREES 45 MINUTES 17 SECONDS EAST 20.00 FEET, ALONG
SAID RIGHT OF WAY LINE; THENCE SOUTH 76 DEGREES 14 MINUTES 43
SECONDS EAST 344.98 FEET, ALONG SAID RIGHT OF WAY LINE; THENCE SOUTH
13 DEGREES 45 MINUTES 17 SECONDS WEST 15.00 FEET, ALONG SAID RIGHT
OF WAY LINE; THENCE SOUTH 76 DEGREES 14 MINUTES 43 SECONDS EAST
389.53 FEET, ALONG SAID RIGHT OF WAY LINE; THENCE SOUTH 00 DEGREES
01 MINUTES 39 SECONDS WEST 5.15 FEET, ALONG SAID RIGHT OF WAY LINE;
THENCE SOUTH 76 DEGREES 14 MINUTES 43 SECONDS EAST 364.77 FEET,
ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID ROOSEVELT ROAD, AS
DESCRIBED BY DOCUMENT NO. R88-32025 RECORDED APRIL 4, 1988 TO A
POINT ON A 9350.88 FEET RADIUS CURVE, THE CENTER OF SAID BEARS SOUTH
13 DEGREES 42 MINUTES 56 SECONDS WEST FROM SAID POINT; THENCE
EASTERLY ALONG SAID CURVE AND RIGHT OF WAY LINE, 723.44 FEET,
CENTRAL ANGLE 04 DEGREES 25 MINUTES 58 SECONDS (THE CHORD BEARS
SOUTH 74 DEGREES 04 MINUTES 05 SECONDS EAST 723.26 FEET) TO A FOUND
IRON PIPE; THENCE SOUTH 71 DEGREES 51 MINUTES 06 SECONDS EAST ALONG
SAID RIGHT OF WAY LINE NOT TANGENT TO SAID CURVE 1494.71 FEET, TO
THE NORTHWEST CORNER OF LOT 1 IN R.J. SUBDIVISION, ACCORDING TO THE
PLAT THEREOF RECORDED FEBRUARY 22, 1996 AS DOCUMENT NO. R96-27892,
SAID NORTHWEST CORNER BEING A POINT ON THE EAST LINE OF LOT 3 IN
CLARENCE ROLLAND'S ASSESSMENT PLAT, ACCORDING TO THE PLAT THEREOF
RECORDED FEBRUARY 03, 1947 AS DOCUMENT NO. 515097; THENCE SOUTH 06
DEGREES 00 MINUTES 06 SECONDS WEST 545.52 FEET, ALONG THE WEST LINE
OF SAID LOT 1 TO THE SOUTHWEST CORNER OF SAID LOT 1, SAID SOUTHWEST
CORNER BEING A POINT ON THE SOUTHERLY LINE OF SAID R.J. SUBDIVISION,
CLARENCE ROLLAND'S ASSESSMENT PLAT AND ALSO, BEING THE NORTHERLY
LINE OF TRACT 1 IN HATTENDORF'S PLAT OF SURVEY, ACCORDING TO THE
PLAT THEREOF RECORDED MARCH 30, 1964 AS DOCUMENT NO. R64-10011;
THENCE SOUTH 87 DEGREES 05 MINUTES 44 SECONDS EAST 744.73 FEET,
ALONG SAID SOUTHERLY LINE TO THE SOUTHEASTERLY CORNER OF LOT 1 IN
SAID CLARENCE ROLLAND'S ASSESSMENT PLAT, SAID SOUTHEASTERLY CORNER
BEING ALSO, BEING THE SOUTHWESTERLY CORNER OF LOT 2 IN KAELIN'S
ASSESSMENT PLAT, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER
17, 1958 AS DOCUMENT NO. 895011 AND THE NORTHWESTERLY CORNER OF LOT
1 IN HAFFEY'S ASSESSMENT PLAT ACCORDING TO THE PLAT THEREOF RECORDED
AUGUST 10, 1966 AS DOCUMENT NO. R66-31487; THENCE NORTH 06 DEGREES
04 MINUTES 07 SECONDS EAST 187.14 FEET, ALONG THE

WESTERLY LINE OF LOT 2 IN SAID KAELIN'S ASSESSMENT PLAT, SAID
WESTERLY LINE ALSO, BEING THE EASTERLY LINE OF LOT 1 IN SAID
CLARENCE ROLLAND'S ASSESSMENT PLAT, TO THE NORTHWESTERLY CORNER OF
SAID LOT 2; THENCE SOUTH 80 DEGREES 24 MINUTES 36 SECONDS EAST 33.06
FEET, ALONG THE NORTHERLY LINE OF SAID LOT 2, TO A POINT ON THE
EASTERLY RIGHT OF WAY LINE OF KRESS ROAD, AS DEDICATED BY SAID
DOCUMENT NO. 895011, SAID EASTERLY LINE ALSO, BEING THE WESTERLY
LINE OF LOT 1 IN SAID KAELIN'S ASSESSMENT PLAT; THENCE NORTH 06
DEGREES 04 MINUTES 07 SECONDS EAST 163.19 FEET, ALONG SAID EASTERLY
RIGHT OF WAY LINE TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF
ROOSEVELT ROAD AS DEDICATED AND DESCRIBED BY DOCUMENT NO.314776,
RECORDED JULY 10, 1931, SAID SOUTHERLY RIGHT OF WAY LINE ALSO, BEING
THE NORTHERLY LINE OF SAID LOT 1 AND THE NORTHERLY LINE OF LOT 1 IN
A.J. FREY'S PLAT OF SURVEY, ACCORDING TO THE PLAT THEREOF RECORDED
JULY 29, 1948 AS DOCUMENT NO. 548319; THENCE SOUTH 71 DEGREES 51
MINUTES 06 MINUTES EAST 498.48 FEET, ALONG SAID SOUTHERLY RIGHT OF
WAY LINE; THENCE SOUTHEASTERLY ALONG A TANGENTIAL CURVE CONCAVE TO
THE NORTH, RADIUS 12,782.43 FEET, CENTRAL ANGLE 00 DEGREES 16
MINUTES 40 SECONDS, 61.97 FEET (THE CHORD BEARS SOUTH 71 DEGREES 59
MINUTES 26 SECONDS EAST 61.97 FEET) TO A POINT ON THE WESTERLY RIGHT
OF WAY LINE OF McCHESNEY ROAD, BEING A ROAD 4 RODS (66.00 FEET) WIDE
AS ORIGINALLY DEDICATED APRIL 30, 1842, IN BOOK ``A'' PAGE 128 OF
THE WINFIELD TOWNSHIP ROAD RECORDS, SAID WESTERLY LINE ALSO, BEING
THE EASTERLY LINE OF SAID LOT 1 OF A.J. FREY'S PLAT OF SURVEY;
THENCE SOUTH 22 DEGREES 22 MINUTES 51 SECONDS WEST 213.13 FEET
(220.35 RECORD), ALONG SAID WESTERLY RIGHT OF WAY LINE TO THE
SOUTHEASTERLY CORNER OF SAID LOT 1, SAID SOUTHEASTERLY CORNER BEING
A POINT ON THE NORTHERLY LINE OF SAID HAFFEY'S ASSESSMENT PLAT;
THENCE NORTH 86 DEGREES 51 MINUTES 13 SECONDS WEST 18.01 FEET, ALONG
SAID NORTHERLY LINE TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF
AS DEDICATED BY SAID DOCUMENT NO. R66-31487; THENCE SOUTH 22 DEGREES
22 MINUTES 51 SECONDS WEST 191.07 FEET, ALONG SAID RIGHT OF WAY
LINE, TO A POINT ON THE SOUTHERLY LINE OF SAID HAFFEY'S ASSESSMENT
PLAT; THENCE SOUTH 86 DEGREES 47 MINUTES 58 SECONDS EAST 18.00 FEET,
ALONG SAID SOUTHERLY LINE, TO A POINT ON THE WESTERLY RIGHT OF WAY
LINE OF SAID ORIGINAL McCHESNEY ROAD; THENCE SOUTH 22 DEGREES 22
MINUTES 51 SECONDS WEST 441.65 FEET, ALONG SAID RIGHT OF WAY LINE TO
THE NORTHWESTERLY CORNER OF VACATED McCHESNEY ROAD, PER DOCUMENT NO.
R95-177561, RECORDED DECEMBER 15, 1995; THENCE SOUTH 67 DEGREES 37
MINUTES 09 SECONDS EAST 33.00 FEET, ALONG THE NORTHERLY LINE OF SAID
VACATED McCHESNEY ROAD, TO A POINT ON THE CENTERLINE OF SAID
ORIGINAL McCHESNEY ROAD; THENCE NORTH 89 DEGREES 59 MINUTES 02
SECONDS EAST 987.34 FEET (985.04 RECORD) ALONG THE NORTH LINE OF
PARCEL ``E-2'' AS DESCRIBED AND PLATTED BY DOCUMENT NO. R88-008915,
RECORDED JANUARY 26, 1988, TO THE WESTERLY LINE OF PARCEL 4 IN RAY
W. McDONALD CANTERBURY ASSESSMENT PLAT, ACCORDING TO THE PLAT
THEREOF RECORDED FEBRUARY 10, 1978 AS DOCUMENT NO. R78-12409; THENCE
SOUTH 00 DEGREES 00 MINUTES 58 SECONDS EAST 1705.71 FEET TO A POINT
ON THE NORTHERLY RIGHT OF WAY LINE OF FABYAN PARKWAY (A.K.A. BARTON
ROAD AND DUPAGE COUNTY HIGHWAY 21) AS CONDEMNED BY DOCUMENT NO'S.
70J-3066 AND 70J-3009; THENCE WESTERLY ALONG SAID RIGHT OF WAY LINE,
BEING A TANGENTIAL CURVE CONCAVE TO THE NORTHWEST, RADIUS 1372.40
FEET, CENTRAL ANGLE 38 DEGREES 17 MINUTES 20 SECONDS, 917.13 FEET,
THE CENTER OF SAID CIRCLE BEARS NORTH 43 DEGREES 40 MINUTES 37
SECONDS WEST (THE CHORD BEARS SOUTH 65 DEGREES 28 MINUTES 03 SECONDS
WEST 900.16 FEET); THENCE NORTH 86 DEGREES 52 MINUTES 07 SECONDS
WEST 223.03 FEET (222.92 RECORD) ALONG SAID RIGHT OF WAY LINE, SAID
COURSE BEING A LINE NON TANGENT TO SAID CURVE; THENCE NORTH 86
DEGREES 13 MINUTES 26 SECONDS WEST 231.70 FEET, ALONG SAID RIGHT OF
WAY LINE TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF SAID
ORIGINAL McCHESNEY ROAD; THENCE NORTH 01 DEGREES 26 MINUTES 47
SECONDS EAST 122.13 FEET, ALONG SAID EASTERLY RIGHT OF WAY LINE TO
THE SOUTHEASTERLY CORNER OF SAID VACATED McCHESNEY ROAD; THENCE
NORTH 88 DEGREES 33 MINUTES 13 SECONDS WEST 66.00 FEET, ALONG THE
SOUTHERLY LINE OF SAID VACATED McCHESNEY ROAD, TO A POINT ON THE
WESTERLY RIGHT OF WAY LINE OF SAID ORIGINAL McCHESNEY ROAD; THENCE
SOUTH 01 DEGREES 26 MINUTES 47 SECONDS WEST 144.30 FEET, TO A POINT
ON THE NORTHERLY RIGHT OF WAY LINE OF FABYAN PARKWAY AS DEDICATED
AND DESCRIBED BY DOCUMENT NO. R71-28358 RECORDED JUNE 23, 1971;
THENCE NORTH 85 DEGREES 57 MINUTES 05 SECONDS WEST 2770.99 FEET,
ALONG SAID NORTHERLY RIGHT OF WAY LINE, ALSO BEING DEDICATED AND
DESCRIBED BY DOCUMENT NO. R71-28360 RECORDED JUNE 23, 1971, DOCUMENT
NO. R71-27774 RECORDED JUNE 21, 1971 AND DOCUMENT NO. R70-24257
RECORDED JULY 17, 1970, TO A POINT ON THE EASTERLY LINE OF LOT 2 IN
HAFFEY'S PLAT OF SURVEY ACCORDING TO THE PLAT THEREOF RECORDED AS
DOCUMENT NO. 601320; THENCE NORTH 86 DEGREES 24 MINUTES 12 SECONDS
WEST 488.08 FEET, ALONG THE NORTHERLY RIGHT OF WAY LINE OF FABYAN
PARKWAY, AS DEDICATED AND DESCRIBED BY DOCUMENT NO. R70-33933,
RECORDED SEPTEMBER 21, 1970, TO A POINT ON THE WESTERLY LINE OF SAID
LOT 2, SAID POINT ALSO, BEING THE SOUTHEASTERLY CORNER OF LOT 3 IN
PAYTON'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY
21, 1959 AS DOCUMENT NO. 909951; THENCE NORTH 85 DEGREES 39 MINUTES
52 SECONDS WEST 873.89 FEET, ALONG THE SOUTHERLY LINE OF SAID
PAYTON'S SUBDIVISION, SAID SOUTHERLY LINE ALSO, BEING THE ORIGINAL
NORTHERLY RIGHT OF WAY LINE OF BARTON ROAD AS DEDICATED MARCH 19,
1851 IN THE WINFIELD TOWNSHIP BOOK OF ROAD RECORDS, SAID NORTHERLY
RIGHT OF WAY LINE BEING DEDICATED AND DESCRIBED BY DOCUMENT NO. R71-
28359, RECORDED JUNE 23, 1971; THENCE SOUTH 85 DEGREES 12 MINUTES 58
SECONDS WEST 542.06 FEET, ALONG SAID NORTHERLY RIGHT OF WAY LINE;
THENCE NORTH 89 DEGREES 44 MINUTES 38 SECONDS WEST 87.00 FEET, TO A
POINT ON A LINE 135.00 FEET EAST OF AND PARALLEL TO THE WEST LINE OF
THE SOUTHWEST QUARTER OF SAID SECTION 7; THENCE NORTH 00 DEGREES 19
MINUTES 53 SECONDS EAST 799.82 FEET (799.84 RECORD), ALONG SAID
PARALLEL LINE; THENCE NORTH 89 DEGREES 40 MINUTES 07 SECONDS WEST
135.00 FEET, TO A POINT ON THE WEST LINE OF SAID SOUTHWEST QUARTER;
THENCE NORTH 00 DEGREES 19 MINUTES 53 SECONDS EAST 1455.98 FEET
(1456.15 RECORD), ALONG SAID WEST LINE, TO THE POINT OF BEGINNING.
    EXCEPTING THEREFROM DUPAGE NATIONAL TECHNOLOGY PARK--NORTH
ASSESSMENT PLAT LOT 3, BEING PART OF THE NORTHWEST QUARTER OF
SECTION 7, TOWNSHIP 39 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 10, 2007 AS
DOCUMENT NUMBER R2007-184625; EXCEPT THAT PART LYING NORTH OF THE
FOLLOWING DESCRIBED LINE:
    COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 3; THENCE SOUTH
00 DEGREES 18 MINUTES 30 SECONDS WEST (BEING AN ASSUMED BEARING)
ALONG THE WEST LINE OF SAID LOT 3 A DISTANCE OF 48.91 FEET, TO THE
POINT OF BEGINNING; THENCE SOUTH 79 DEGREES 44 MINUTES 05 SECONDS
EAST, TO A POINT ON THE EAST LINE OF SAID LOT 3 ALSO BEING THE WEST
LINE OF TECHNOLOGY BOULEVARD DEDICATED PER DOCUMENT NUMBER R2007-
131936, SAID POINT LYING 13.17 FEET SOUTH OF THE POINT OF COMPOUND
CURVATURE OF SAID TECHNOLOGY BOULEVARD; SAID POINT ALSO BEING THE
POINT OF TERMINUS, IN DUPAGE COUNTY, ILLINOIS.
    ALSO EXCEPTING, DUPAGE NATIONAL TECHNOLOGY PARK--NORTH
ASSESSMENT PLAT LOT 4, BEING PART OF THE EAST HALF OF SECTION 7,
TOWNSHIP 39 NORTH, RANGE 9 EAST OF

THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
OCTOBER 10, 2007 AS DOCUMENT NUMBER R2007-184624, IN DUPAGE COUNTY,
ILLINOIS.
    ALSO EXCEPTING, DUPAGE NATIONAL TECHNOLOGY PARK--NORTH
ASSESSMENT PLAT LOT 5, BEING PART OF THE SOUTHEAST QUARTER OF
SECTION 7, TOWNSHIP 39 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 10, 2007 AS
DOCUMENT NUMBER R2007-184620, IN DUPAGE COUNTY, ILLINOIS.
    ALSO EXCEPTING, DUPAGE NATIONAL TECHNOLOGY PARK--NORTH
ASSESSMENT PLAT LOT 6, BEING PART OF THE WEST HALF OF SECTION 7,
TOWNSHIP 39 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 10, 2007 AS DOCUMENT
NUMBER R2007-184621, IN DUPAGE COUNTY, ILLINOIS.
    ALSO EXCEPTING, DUPAGE NATIONAL TECHNOLOGY PARK--NORTH
ASSESSMENT PLAT LOT 7, BEING PART OF THE SOUTHWEST QUARTER OF
SECTION 7, TOWNSHIP 39 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 10, 2007 AS
DOCUMENT NUMBER R2007-184622, IN DUPAGE COUNTY, ILLINOIS.
    ALSO EXCEPTING, DUPAGE NATIONAL TECHNOLOGY PARK--NORTH
ASSESSMENT PLAT LOT 8, BEING PART OF THE SOUTHWEST QUARTER OF
SECTION 7, TOWNSHIP 39 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 10, 2007 AS
DOCUMENT NUMBER R2007-184626, IN DUPAGE COUNTY, ILLINOIS.
    ALSO EXCEPTING, DUPAGE NATIONAL TECHNOLOGY PARK--NORTH
ASSESSMENT PLAT LOT 9, BEING PART OF THE SOUTHWEST QUARTER OF
SECTION 7, TOWNSHIP 39 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 10, 2007 AS
DOCUMENT NUMBER R2007-184623, IN DUPAGE COUNTY, ILLINOIS.

    Said Parcel contains 401.9 acres, more or less.

Parcel C

    THAT PART OF SECTION 7 IN TOWNSHIP 39 NORTH, RANGE 9 EAST OF THE
THIRD PRINCIPAL MERIDIAN IN DUPAGE COUNTY, ILLINOIS, DESCRIBED AS
FOLLOWS: COMMENCING AT THE FOUND CAST IRON MONUMENT MARKING THE
NORTHEAST CORNER OF SECTION 12, TOWNSHIP 39 NORTH, RANGE 8, EAST OF
THE THIRD PRINCIPAL MERIDIAN IN KANE COUNTY, ILLINOIS, PER DOCUMENT
NO. S-84-41, RECORDED SEPTEMBER, 10 1984 IN DUPAGE COUNTY, ILLINOIS;
THENCE SOUTHERLY ALONG THE WEST LINE OF THE OF SAID SECTION 7,
HAVING A ILLINOIS EAST ZONE GRID BEARING OF SOUTH 00 DEGREES 02
MINUTES 50 SECONDS WEST 781.46 FEET ALONG SAID WEST LINE TO A POINT
ON THE SOUTHERLY RIGHT OF WAY LINE OF THE CHICAGO AND NORTHWESTERN
RAILROAD; THENCE NORTH 88 DEGREES 49 MINUTES 28 SECONDS EAST 779.06
FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE, TO A POINT OF
INTERSECTION WITH THE NORTHERLY RIGHT OF WAY LINE OF ROOSEVELT ROAD
(A.K.A. IL. ROUTE 38 AND U.S. HIGHWAY 330) AS DEDICATED AND
DESCRIBED BY DOCUMENT NO. 830737, RECORDED JANUARY 25, 1957, SAID
POINT BEING THE POINT OF BEGINNING; THENCE NORTH 88 DEGREES 49
MINUTES 28 SECONDS EAST 4020.55 FEET, ALONG SAID SOUTHERLY RIGHT OF
WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILROAD, TO A POINT ON THE
WESTERLY RIGHT OF WAY LINE OF KRESS ROAD (A.K.A. DUPAGE COUNTY
HIGHWAY 18) AS DEDICATED AND DESCRIBED BY DOCUMENT NO. R96-086069
RECORDED MAY 23, 1996; THENCE SOUTH 06 DEGREES 07 MINUTES 54 SECONDS
WEST 116.44 FEET, ALONG SAID WESTERLY RIGHT OF WAY LINE; THENCE
SOUTH 01 DEGREES 26 MINUTES 36 SECONDS EAST 770.37 FEET, ALONG SAID
RIGHT OF WAY LINE; THENCE SOUTH 10 DEGREES 13 MINUTES 33 SECONDS
EAST 352.37 FEET, ALONG SAID RIGHT OF WAY LINE; THENCE SOUTH 57
DEGREES 16 MINUTES 33 SECONDS WEST 58.42 FEET (57.25 RECORD), ALONG
SAID RIGHT OF WAY LINE, TO A POINT ON THE NORTHERLY LINE OF
ROOSEVELT ROAD AS DEDICATED AND DESCRIBED BY DOCUMENT NO. R81-54590,
RECORDED OCTOBER 7, 1981; THENCE NORTH 71 DEGREES 51 MINUTES 06
SECONDS WEST 1988.83 FEET, ALONG SAID NORTHERLY RIGHT OF WAY LINE,
ALSO, BEING DEDICATED AND DESCRIBED BY DOCUMENT NO. R82-20391
RECORDED MAY 21, 1982, TO A POINT ON THE WESTERLY LINE OF
BALAMENTI'S CONSOLIDATION PLAT, ACCORDING TO THE PLAT THEREOF
RECORDED APRIL 23, 1958 AS DOCUMENT NO. 877324; THENCE SOUTH 12
DEGREES 22 MINUTES 16 SECONDS WEST 42.96 FEET, ALONG SAID WESTERLY
LINE, TO A POINT ON THE ORIGINAL CENTERLINE OF ROOSEVELT ROAD;
THENCE NORTH 72 DEGREES 07 MINUTES 12 SECONDS WEST 432.49 FEET,
ALONG SAID CENTERLINE TO A POINT ON THE EASTERLY LINE OF HAFFEY'S
SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 24, 1966
AS DOCUMENT NO. R66-42232; THENCE NORTH 00 DEGREES 26 MINUTES 12
SECONDS EAST 29.90 FEET, ALONG SAID EASTERLY LINE TO THE SOUTHEAST
CORNER OF LOT 1 IN SAID HAFFEY'S SUBDIVISION, SAID SOUTHEAST CORNER
ALSO, BEING A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF ROOSEVELT
ROAD, SAID POINT BEING ON A 9460.88 FEET RADIUS CURVE, THE CENTER OF
SAID BEARS SOUTH 16 DEGREES 03 MINUTES 35 SECONDS WEST FROM SAID
POINT; THENCE WESTERLY ALONG SAID CURVE AND RIGHT OF WAY LINE,
200.50 FEET, CENTRAL ANGLE 01 DEGREES 12 MINUTES 51 SECONDS (THE
CHORD BEARS NORTH 74 DEGREES 32 MINUTES 51 SECONDS WEST 200.50
FEET), TO A POINT ON THE WESTERLY LINE OF SAID LOT 1; THENCE NORTH
00 DEGREES 25 MINUTES 08 SECONDS EAST 10.67 FEET, ALONG SAID
WESTERLY LINE, SAID WESTERLY LINE BEING A NON RADIAL LINE TO SAID
CURVE, TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF ROOSEVELT
ROAD AS DEDICATED AND DESCRIBED BY DOCUMENT NO. R81-54588 RECORDED
OCTOBER 7, 1981; THENCE WESTERLY ALONG SAID NORTHERLY RIGHT OF WAY
LINE BEING A CURVE 10.00 FEET NORTHERLY OF AND PARALLEL TO THE LAST
DESCRIBED CURVE, RADIUS 9470.88 FEET, 184.09 FEET (THE CHORD BEARS
NORTH 75 DEGREES 43 MINUTES 37 SECONDS WEST 184.09); THENCE NORTH 76
DEGREES 14 MINUTES 43 SECONDS WEST 1398.13 FEET, ALONG SAID
NORTHERLY RIGHT OF WAY LINE OF ROOSEVELT ROAD, BEING A LINE NOT
TANGENT TO SAID CURVE, AND SAID LINE ALSO, BEING DEDICATED BY
DOCUMENT NO. R81-54585 RECORDED OCTOBER 7, 1981 AND SAID DOCUMENT
NO. 830737, TO THE POINT OF BEGINNING.

    Said Parcel contains 55.0 acres, more or less.

    Issued in Des Plaines, Illinois, on December 20, 2011.
Jim Keefer,
Manager, Chicago Airports District Office, FAA, Great Lakes Region.
[FR Doc. 2011-33465 Filed 12-28-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 28, 1994]

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

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-300362; FRL-4912-5]

RIN 2070-AB78

Neomycin Phosphotransferase II; Tolerance Exemption

AGENCY: Environmental Protection Agency (EPA)

ACTION: Final rule.

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SUMMARY: This document establishes an exemption from the requirement of

a tolerance for residues of neomycin phosphotransferase II (NPTII) and

the genetic material necessary for its production when used as a plant

pesticide inert ingredient. Monsanto Co. petitioned EPA for this

exemption.

EFFECTIVE DATE: This regulation becomes effective September 28, 1994.

ADDRESSES: Written objections and hearing requests, identified by the

document control number, [OPP-300362], may be submitted to: Hearing

Clerk (1900), Environmental Protection Agency, Rm. M3708, 401 M St.,

SW., Washington, DC 20460. A copy of any objections and hearing

requests filed with the Hearing Clerk should be identified by the

document control number and submitted to: Public Response and Program

Resources Branch, Field Operations Division (7506C), Office of

Pesticide Programs, Environmental Protection Agency, 401 M St., SW.,

Washington, DC 20460. In person, bring copy of objections and hearing

requests to: Rm. 1132, CM #2, 1921 Jefferson Davis Hwy., Arlington, VA

22202. Fees accompanying objections shall be labeled ``Tolerance

Petition Fees'' and forwarded to: EPA Headquarters Accounting

Operations Branch, OPP (tolerance fees), P.O. Box 36027M, Pittsburgh,

PA 15251.

FOR FURTHER INFORMATION CONTACT: By mail: Phillip O. Hutton, Product

Manager (PM 18), Registration Division (7505C), Office of Pesticide

Programs, Environmental Protection Agency, 401 M St., SW., Washington,

DC. Office location and telephone number: Rm. 213, CM #2, 1921

Jefferson Davis Hwy., Arlington, VA 22202,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In the Federal Register of December 8, 1993

(58 FR 64582, 64583), EPA issued notices which announced that Monsanto

Co., 700 Chesterfield Parkway North, St. Louis, MO 63193, had submitted

a pesticide petition (PP 3F4273) to EPA proposing to amend 40 CFR part

180 to establish an exemption from the requirement of a tolerance for

neomycin phosphotransferase II (NPTII), and the genetic material

necessary to produce NPTII when produced in plants as a plant pesticide

inert ingredient. The Agency did not receive any comments on the

notices. Selectable markers such as NPTII are considered inert

ingredients by the Agency when they are introduced into a plant in

order to ensure or confirm the presence of a plant pesticide. The

genetic material necessary to produce NPTII (the NPTII gene) is also

considered part of the inert ingredient; therefore, the NPTII gene is

also addressed in this final rule.

    Neomycin phosphotransferase II (NPTII) is uniquely different from

other types of inert ingredients because it is a selectable marker used

to identify plant cells early in the product development that had been

successfully transformed to express the active ingredient.

    The data submitted in the petition and other relevant material have

been evaluated and deemed sufficient to support the tolerance. The

rationale for this decision is described below.

Assessment of Data

    The Agency has evaluated the toxicology data, information on

product identity, equivalence of microbially and plant produced NPTII,

and other information provided by the petitioner. The information

showed that the plant and microbially produced protein are similar with

respect to the protein characteristics of amino acid sequence, enzyme

activity, electrophoretic mobility, lack of glycosylation, and specific

antibody recognition. These findings justified the use of microbial

protein in the toxicity studies. The registrant provided the following

studies: Acute Oral Toxicity of NPTII in Mice and an In Vitro Digestion

of the NPTII Protein. A single oral exposure dose of 5 g/kg NPTII

protein produced no adverse effects in mice. The In Vitro Digestion

study showed that the protein was rapidly degraded in simulated gastric

or intestinal digestive fluids to fragments that were no longer

recognized by specific antibodies to NPTII. These results suggest the

NPTII protein will not survive passage through the gastrointestinal

tract. Therefore, the Agency concluded that the information provided

was sufficient to assess the acute toxicity of NPTII when used as a

marker gene in transgenic plants expressing plant pesticides and to

justify an exemption from the requirement for a food tolerance for

residues of the inert. The Agency recognizes that alternative

information could be used to indicate the lack of mammalian toxicity

and to justify a tolerance exemption.

    Since no toxicity was indicated, residue chemistry data were not

required. Residue data are necessary only if the submitted toxicity

studies indicate that additional toxicology data were needed. These

additional data were not needed. Therefore, no residue data are

required in order to grant an exemption from the requirement of a

tolerance for the plant pesticide inert ingredient neomycin

phosphotransferase II when used as a plant pesticide inert ingredient,

as expressed in plant cells.

    The exemption from a tolerance for the genetic material which

encodes for production of NPTII is based on the fact that the nucleic

acids which form the genetic material are found in all foods and have

not, by themselves, been associated with toxic or pathogenic effects in

animals and humans. None of the constituents of nucleic acids are known

to be acute toxicants by themselves but, like proteins and other normal

constituents in food, may cause indirect, adverse metabolic effects if

consumed exclusively at high doses over a long period of time in the

absence of a normal diet. The NPTII gene will not occur at these high

amounts in plants. Thus, EPA does not believe there is a potential for

adverse health effects related to the consumption of plants containing

the NPTII gene.

    Acceptable daily intake (ADI) and maximum permissible intake (MPI)

considerations are not relevant to this petition because the data/

information submitted demonstrate that this plant-pesticide inert

ingredient (NPTII) and the NPTII gene are not toxic to mammalian

species. No enforcement actions are expected based upon the level of

residue for NPTII and the genetic material necessary for its

production. Therefore, the requirement for an analytical method for

enforcement purposes is not applicable to this exemption.

    Based on the above information and review of its use, EPA has found

that when used in accordance with good agricultural practice, this

ingredient is useful for the purpose for which the tolerance exemption

is sought. Based on the information considered, EPA concludes that a

tolerance is not necessary to protect the public health. Therefore, the

exemption from the requirement of a tolerance is established as set

forth below.

    Any person adversely affected by this regulation may, within 30

days after publication of this document in the Federal Register, file

written objections and/or a request for a hearing with the Hearing

Clerk, at the address given above (40 CFR 178.20). A copy of the

objections and hearing requests filed with the Hearing Clerk should be

submitted to the OPP docket for this rulemaking. The objections

submitted must specify the provisions of the regulation deemed

objectionable and the grounds for the objections (40 CFR 178.25). Each

objection must be accompanied by the fee prescribed by 40 CFR

180.33(i). If a hearing is requested, the objections must include a

statement of the factual issue(s) on which a hearing is requested, the

requestor's contentions on each such issue, and a summary of any

evidence relied upon by the objector (40 CFR 178.27). A request for a

hearing will be granted if the Administrator determines that the

material submitted shows the following: There is a genuine and

substantial issue of fact; there is a reasonable possibility that

available evidence identified by the requestor would, if established,

resolve one or more of such issues in favor of the requestor, taking

into account uncontested claims or facts to the contrary; and

resolution of the factual issue(s) in the manner sought by the

requestor would be adequate to justify the action requested (40 CFR

178.32).

    The Office of Management and Budget has exempted this rule from the

requirements of section 2 of Executive Order 12866.

    Pursuant to the requirements of the Regulatory Flexibility Act

(Pub. L. 96-354, 94 Stat. 1164, 5 U.S.C. 601-612), the Administrator

has determined that regulations establishing new tolerances or raising

tolerance levels or establishing exemptions from tolerance requirements

do not have a significant economic effect on a substantial number of

small entities. A certification statement to this effect was published

in the Federal Register of May 4, 1981 (49 FR 24950).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,

Agricultural commodities, Pesticides and pests, Reporting and

recordkeeping requirements.

Dated: September 19, 1994.

Stephen L. Johnson,

Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR part 180 is amended as follows:

PART 180--[AMENDED]

    1. The authority citation for part 180 continues to read as

follows:

    Authority: 21 U.S.C. 346a and 371.

    2. In subpart D, by adding new Sec. 180.1134, to read as follows:

Sec. 180.1134   Neomycin phosphotransferase II and genetic material

necessary for its production; exemption from the requirement of a

tolerance.

    The neomycin phosphotransferase II (NPTII) and the genetic material

necessary for the production of this protein are exempted from the

requirement of a tolerance in or on all raw agricultural commodities

when used as a plant-pesticide inert ingredient.

[FR Doc. 94-23762 Filed 9-27-94; 8:45 am]

BILLING CODE 6560-50-F


[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Notices]
[Pages 14169-14170]
[FR Doc No: 2023-04560]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2022-P-2752 and FDA-2022-P-3125]

Determination That Lithium Citrate Oral Solution, 8
Milliequivalents/5 Milliliters, Was Not Withdrawn From Sale for Reasons
of Safety or Effectiveness

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or Agency) has
determined that lithium citrate oral solution, 8 milliequivalents
(mEq)/5 milliliters (mL), was not withdrawn from sale for reasons of
safety or effectiveness. This determination means that FDA will not
begin procedures to withdraw approval of abbreviated new drug
applications (ANDAs) that refer to this drug product, and it will allow
FDA to continue to approve ANDAs that refer to the product as long as
they meet relevant legal and regulatory requirements.

FOR FURTHER INFORMATION CONTACT: Caitlin Callahan, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 6240, Silver Spring, MD 20993-0002, 240-
402-4318, [email protected].

SUPPLEMENTARY INFORMATION: Section 505(j) of the Federal Food, Drug,
and Cosmetic Act (FD&C Act) (21 U.S.C. 355(j)) allows the submission of
an ANDA to market a generic version of a previously approved drug
product. To obtain approval, the ANDA applicant must show, among other
things, that the generic drug product: (1) has the same active
ingredient(s), dosage form, route of administration, strength,
conditions of use, and (with certain exceptions) labeling as the listed
drug, which is a version of the drug that was previously approved and
(2) is bioequivalent to the listed drug. ANDA applicants do not have to
repeat the extensive clinical testing otherwise necessary to gain
approval of a new drug application (NDA).
    Section 505(j)(7) of the FD&C Act requires FDA to publish a list of
all approved drugs. FDA publishes this list as part of the ``Approved
Drug Products With Therapeutic Equivalence Evaluations,'' which is
known generally as the ``Orange Book.'' Under FDA regulations, drugs
are removed from the list if the Agency withdraws or suspends approval
of the drug's NDA or ANDA for reasons of safety or effectiveness or if
FDA determines that the listed drug was withdrawn from sale for reasons
of safety or effectiveness (21 CFR 314.162).
    A person may petition the Agency to determine, or the Agency may
determine on its own initiative, whether a listed drug was withdrawn
from sale for reasons of safety or effectiveness. This determination
may be made at any time after the drug has been withdrawn from sale but
must be made prior to approving an ANDA that refers to the listed drug
(Sec.  314.161 (21 CFR 314.161)). FDA may not approve an ANDA that does
not refer to a listed drug.
    Lithium citrate oral solution, 8 mEq/5 mL, is the subject of NDA
018421, held by Hikma Pharmaceuticals USA Inc., and initially approved
on December 23, 1980.\1\ Lithium citrate oral

solution is a mood-stabilizing agent indicated as monotherapy for the
following treatment of bipolar I disorder: treatment of acute manic and
mixed episodes in patients 7 years and older; and maintenance treatment
in patients 7 years and older.
---------------------------------------------------------------------------

    \1\ In their citizen petitions, petitioners Saptalis
Pharmaceuticals LLC, and Hyman, Phelps & McNamara, P.C., refer to
this drug product, respectively, as ``Lithium Citrate Syrup EQ 300
mg Carbonate/5mL'' and ``Lithium Citrate Oral Syrup, 300 mg
Carbonate/5mL.'' The currently approved labeling refers to this drug
product as ``Lithium Oral Solution USP, 8 mEq per 5 mL'' and
provides that the dosage strength for Lithium Oral Solution in terms
of lithium content, 8 mEq/5mL, is equivalent to 300 mg lithium
carbonate/5 mL. For purposes of this determination, we use the
current label's description, ``Lithium Oral Solution USP, 8 mEq per
5 mL.''
---------------------------------------------------------------------------

    Lithium citrate oral solution, 8 mEq/5 mL, is currently listed in
the ``Discontinued Drug Product List'' section of the Orange Book.
Saptalis Pharmaceuticals, LLC submitted a citizen petition dated
November 2, 2022 (Docket No. FDA-2022-P-2752), under Sec.  10.30 (21
CFR 10.30), requesting that the Agency determine whether lithium
citrate oral solution, 8 mEq/5 mL, was withdrawn from sale for reasons
of safety or effectiveness. Hyman, Phelps & McNamara, P.C. separately
submitted a citizen petition dated December 6, 2022 (Docket No. FDA-
2022-P-3125), under Sec.  10.30, requesting that the Agency make the
same determination.
    After considering the citizen petitions and reviewing Agency
records and based on the information we have at this time, FDA has
determined under Sec.  314.161 that lithium citrate oral solution, 8
mEq/5 mL, was not withdrawn for reasons of safety or effectiveness. The
Petitioners have identified no data or other information suggesting
that lithium citrate oral solution, 8 mEq/5 mL, was withdrawn for
reasons of safety or effectiveness. We have carefully reviewed our
files for records concerning the withdrawal of lithium citrate oral
solution, 8 mEq/5 mL, from sale. We have also independently evaluated
relevant literature and data for possible postmarketing adverse events.
We have found no information that would indicate that this drug product
was withdrawn from sale for reasons of safety or effectiveness.
    Accordingly, the Agency will continue to list lithium citrate oral
solution, 8 mEq/5 mL, in the ``Discontinued Drug Product List'' section
of the Orange Book. The ``Discontinued Drug Product List'' delineates,
among other items, drug products that have been discontinued from
marketing for reasons other than safety or effectiveness. FDA will not
begin procedures to withdraw approval of approved ANDAs that refer to
this drug product. Additional ANDAs for this drug product may also be
approved by the Agency as long as they meet all other legal and
regulatory requirements for the approval of ANDAs. If FDA determines
that labeling for this drug product should be revised to meet current
standards, the Agency will advise ANDA applicants to submit such
labeling.

    Dated: March 1, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-04560 Filed 3-6-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: November 23, 2009 (Volume 74, Number 224)]
[Rules and Regulations]
[Page 61027-61028]
[DOCID:fr23no09-6]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30698; Amdt. No. 3349]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective November 23, 2009. The compliance date
for each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of November 23, 2009.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.
    Availability--All SIAPs are available online free of charge. Visit
http://nfdc.faa.gov to register. Additionally, individual SIAP and
Takeoff Minimums and ODP copies may be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure
Standards Branch (AFS-420)Flight Technologies and Programs Division,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK 73125)
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (FDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference in the amendment under 5 U.S.C. 552(a), 1 CFR part 51, and
Sec.  97.20 of Title 14 of the Code of Federal Regulations.
    The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained in FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAP and the corresponding effective dates. This
amendment also identifies the airport and its location, the procedure
and the amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP as amended in the transmittal. For safety and
timeliness of change considerations, this amendment incorporates only
specific changes contained for each SIAP as modified by FDC/P-NOTAMs.
    The SIAPs, as modified by FDC P-NOTAM, and contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these changes to
SIAPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in a FDC NOTAM as an emergency
action of immediate flight safety relating directly to published
aeronautical charts. The circumstances which created the need for all
these SIAP amendments requires making them effective in less than 30
days.
    Because of the close and immediate relationship between these SIAPs
and safety in air commerce, I find that notice and public procedure
before adopting these SIAPs are impracticable and contrary to the
public interest and, where applicable, that good cause exists for
making these SIAPs effective in less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference, and
Navigation (Air).

    Issued in Washington, DC on November 13, 2009.
John M. Allen,
Director, Flight Standards Service.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me, Title 14, Code
of Federal regulations, Part 97, 14 CFR part 97, is amended by amending
Standard Instrument Approach Procedures, effective at 0901 UTC on the
dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Sec. Sec.  97.23, 97.25, 97.27, 97.29, 97.31, 97.33, and
97.35  [Amended]

    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

Effective Upon Publication

--------------------------------------------------------------------------------------------------------------------------------------------------------
     AIRAC date           State               City                 Airport          FDC No.     FDC date                      Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
17-Dec-09..........  CT              Danielson............  Danielson............     9/3449      10/9/09  VOR-A, AMDT 6C.
17-Dec-09..........  IL              Kewanee..............  Kewanee Muni.........     9/5179     10/16/09  Takeoff Minimums and Obstacle DP, ORIG.
17-Dec-09..........  RI              North Kingstown......  Quonset State........     9/5393     10/21/09  ILS OR LOC RWY 16, AMDT 10.
17-Dec-09..........  VA              Clarksville..........  Marks Muni...........     9/6484     10/23/09  VOR/DME A, ORIG.
17-Dec-09..........  KY              Mount Sterling.......  Sterling-Montgomery       9/6872     10/23/09  NDB OR GPS RWY 3, AMDT 1C.
                                                             County.
17-Dec-09..........  ND              Devils Lake..........  Devils Lake RgNL.....     9/7299     10/28/09  Takeoff Minimums and Obstacle DP, AMDT 1.
17-Dec-09..........  ME              Auburn/Lewiston......  Auburn/Lewiston Muni.     9/7617     10/30/09  ILS OR LOC RWY 4, AMDT 10A.
17-Dec-09..........  ME              Auburn/Lewiston......  Auburn/Lewiston Muni.     9/7618     10/30/09  RNAV (GPS) RWY 4, ORIG.
17-Dec-09..........  ME              Auburn/Lewiston......  Auburn/Lewiston Muni.     9/7620     10/30/09  RNAV (GPS) RWY 22, ORIG.
17-Dec-09..........  NC              Greenville...........  Pitt-Greenville......     9/8037     10/30/09  RNAV (GPS) RWY 26, AMDT 2.
17-Dec-09..........  NC              Greenville...........  Pitt-Greenville......     9/8038     10/30/09  RNAV (GPS) RWY 20, AMDT 2.
17-Dec-09..........  NC              Greenville...........  Pitt-Greenville......     9/8040     10/30/09  RNAV (GPS) RWY 8, AMDT 2.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. E9-27900 Filed 11-20-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 235 (Wednesday, December 7, 2011)]
[Notices]
[Page 76457]
[FR Doc No: 2011-31484]

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

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Federal Register Citation of Previous Announcement: [76 FR 74835,
December 1, 2011].

STATUS:  Open Meeting.

PLACE:  100 F Street, NE., Washington, DC.

DATE AND TIME OF PREVIOUSLY ANNOUNCED MEETING:  Tuesday, December 6,
2011.

CHANGE IN THE MEETING:  Cancellation of Meeting.
    The Open Meeting scheduled for Tuesday, December 6, 2011 at 10 a.m.
has been cancelled.
    For further information please contact the Office of the Secretary
at<PHONE_NUMBER>.

    Dated: December 2, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-31484 Filed 12-5-11; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 100 (Tuesday, May 24, 2016)]
[Notices]
[Pages 32768-32769]
[FR Doc No: 2016-12121]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4269-DR; Docket ID FEMA-2016-0001]

Texas; Amendment No. 2 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Texas (FEMA-4269-DR), dated April 25, 2016, and
related determinations.

DATES: Effective May 9, 2016.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Texas is hereby amended to include the following areas
among those areas determined to have been adversely affected by the
event declared a major disaster by the President in his declaration of
April 25, 2016.

    Fort Bend, Liberty, Montgomery, and San Jacinto Counties for
Individual Assistance.

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

Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2016-12121 Filed 5-23-16; 8:45 am]
BILLING CODE 9111-23-P


From:
Brenna M Harden<EMAIL_ADDRESS>Sent:
Tuesday, September 27, 2022 3:44 PM
To:
Jones, DonnaLee<EMAIL_ADDRESS>French, Chuck<EMAIL_ADDRESS>Coke ICR2<EMAIL_ADDRESS>Cc:
Marion M Krchmar<EMAIL_ADDRESS>Fadi K Mourad<EMAIL_ADDRESS>Todd A Richards<EMAIL_ADDRESS>Laura J Harris<EMAIL_ADDRESS>Rob Sanch<EMAIL_ADDRESS>Ronald K Burnette<EMAIL_ADDRESS>'Knight, Jeffrey A.'<EMAIL_ADDRESS>Robert H Carlin<EMAIL_ADDRESS>David W Fanning Jr<EMAIL_ADDRESS>Subject:
Coke Oven Section 114 ICR Enclosure 1 - Part 4 of 7 (Section C)

On June 29, 2022, DTE Vantage (DTE) received Section 114 of the Clean Air Act Information Collection Request (ICR) in relation to development of Risk and Technology Review of Coke Oven Facilities related to 40 CFR Part 63, Subpart CCCCC, Pushing Quenching and Battery Stacks. The ICR also included risk and technology review, testing, interior and fenceline monitoring, and other information collection activities related to potential new regulations for coke byproduct recovery plants (CBRP) in relation to 40 CFR Part 63, Subpart L, Coke Oven Batteries. DTE owns and operates EES Coke Battery, L.L.C. (EES Coke) located in River Rouge, MI.

The June 28, 2022 ICR requires Enclosure 1 to be submitted September 27, 2022 (as Part 4 of 7 of this submittal).

Regards,
Brenna Harden
DTE Vantage | EES Coke Battery, L.L.C., Senior Environmental Engineer
PO Box 18309, River Rouge, MI 48218
o<PHONE_NUMBER> | m<PHONE_NUMBER>
dtevantage.com

<< NESHAP_ Subpart L Work Practice Plan 11121993.pdf >>


1 TXR No.: 012319 DATE: September 23, 1997 MEMORANDUM SUBJECT: IMIDACLOPRID  Report of the Hazard Identification Assessment Review Committee.

FROM: Jess Rowland Branch Senior Scientist, Science Analysis Branch, Health Effects Division ( 7509C)

THROUGH: K. Clark Swentzel Chairman, Hazard Identification Assessment Review Committee Toxicology Branch II, Health Effects Division ( 7509C)

TO: Donna Davis Chief, Registration Action Branch, Health Effects Division ( 7509C)

and Elizabeth Haeberer Product Manger Registration Action Branch, Registration Division ( 7508W)

PC Code: 129099 On September 11, 1997, the Health Effects Division's Hazard Identification Review committee met to evaluate the toxicology data base of Imidacloprid to select toxicological endpoints for acute dietary as well as occupational and residential exposure risk assessments. The Committee also re assessed the Reference Dose established for chronic dietary risk assessment and addressed the sensitivity of infants and children from exposure to Imidacloprid as required by the Food Quality Protection Act of 1996. 2 Committee Members in Attendance Committee members in attendance: David Andersen, Karl Baetcke, Susan Makris, Nancy McCarroll, Kathleen Raffeale, John Redden and Jess Rowland. Members in absentia: William Buram and Melba Morrow did not attend the meeting. The data was presented by Dr Willimas Foy, Registration Action Branch 2.

Data Presentation: Dr. S. Williams Foy Report Preparation: Jess Rowland, M. S 3 TABLE OF CONTENTS I. TOXICOLOGY PROFILE A. Acute Toxicity B. Subchronic Toxicity C. Chronic Toxicity D. Carcinogenicity E. Reproductive Toxicity F. Developmental Toxicity G. Mutagenicity H. Dermal Absorption I. Recommendation for a Developmental Neurotoxicity Study II. HAZARD IDENTIFICATION A. Acute Dietary B. Chronic Dietary ( Reference Dose)

C. Occupational/ Residential Exposure 1. Short Term Dermal Exposure 2. Intermediate Term Dermal Exposure 3. Long Term Dermal Exposure 4. Inhalation Exposure ( Any Time Period)

III. FQPA CONSIDERATIONS IV. UNCERTAINTIES FOR DIETARY RISK ASSESSMENTS A. Acute Dietary Risk Assessment B. Chronic Dietary Risk Assessment 4 I. TOXICOLOGY PROFILE A. Acute Toxicity Guideline No. Study Type MRIDs # Results Toxicity Category 81 1 Acute Oral 42055331 LD 50 = 424 mg/ kg ( M) > 450 mg/ kg ( F) III 81 2 Acute Dermal 42055332 LD 50 = > 5000 mg/ kg IV 81 3 Acute Inhalation 42256317 LC 50 = > 5.33 mg/ L IV 81 4 Primary Eye Irritation 4205534 Non irritant IV 81 5 Primary Skin Irritation 42055335 Non irritant IV 81 6 Dermal Sensitization 42055336 Non sensitzer NA 81 8 Acute Neurotoxicity 4317301 NOEL = Not established LOEL = 42 mg/ kg/ day NA B. Subchronic Toxicity In a dermal toxicity study, groups of 5 male and 5 female New Zealand White rabbits received repeated dermal applications of Imidacloprid ( 95%) at 1000 mg/ kg/ day ( Limit Dose), 6 hours/ day, 5 days/ week for three weeks. No dermal or systemic toxicity was seen. For systemic and dermal toxicity, the NOEL was > 1000 mg/ kg/ day; a LOEL was not established ( MRID No. 42256329).

In an oral toxicity study, groups of Fischer 344 rats ( 12/ sex/ dose) were fed diets containing Imidacloprid ( 98.8%) at 0, 150, 1000, or 3000 ppm ( 0, 9.3, 63.3, or 196 mg/ kg/ day in males and 0, 10.5, 69.3 or 213 mg/ kg/ day in females, respectively) for 90 days. No treatment related effects were seen at 150 ppm. Treatment related effects included decreases in body weight gain during the first four weeks of the study at 1000 ppm ( 22% in males and 18% in females) and 3000 ppm ( 50% in males and 25% in females) with an associated decrease in forelimb grip strength especially in males. The NOEL was 150 ppm ( 9.3 and 10.5 mg/ kg/ day in males and females, respectively) and the LOEL was 1000 ppm ( 63.3 and 69.3 mg/ kg/ day in males and females, respectively) ( MRID No. 43286401). 5 C. Chronic Toxicity In a chronic toxicity study, groups of beagle dogs ( 4/ sex/ dose) were fed diets containing Imidaclorpid ( 94.9%) at 0, 200 or 1250/ 2500 ppm ( 0, 6.1, 15 or 41/ 72 mg/ kg/ day, respectively) for 52 weeks. The 1250 ppm was increased to 2500 ppm from week 17 onwards. The threshold NOEL was 1250 ppm ( 41 mg/ kg/ day). The LOEL was 2500 ppm ( 72 mg/ kg/ day) based on increased cytochrome P 450 levels in both sexes and was considered to be a threshold dose ( MRID No. 42273002).

D. Carcinogenicity In a combined chronic toxicity/ carcinogenicity study, groups of Bor WISW rats ( 50/ sex/ dose) received Imidacloprid ( 95.3%) at 0, 100, 300 or 900 ppm ( 0, 5.7, 16.9 or 51.3 mg/ kg/ day in males and 0, 7.6, 24.9, or 73 mg/ kg/ day in females, respectively) for 104 weeks. In another study, rats of the same strain ( 50/ sex) received Imidacloprid at 0 or 1800 ppm ( 0, 102.6 and 143.7 mg/ kg/ day in males and females, respectively) for 104 weeks. For chronic toxicity, the NOEL was 100 ppm ( 5.7 mg/ kg/ day) and the LOEL was 300 ppm ( 16.9 mg/ kg/ day) based on decreased body weight gains in females and increased thyroid lesions in males. There was no evidence of carcinogenicity in either sex ( MRID No. 42256331 and 42256332).

In a carcinogenicity study groups of B6C3F1 mice ( 50/ sex/ dose) were fed diets containing Imidacloprid ( 95%) at 0, 100, 330 or 1000 ppm ( 0, 20, 66 or 208 mg/ kg/ day in males and 0, 30, 104 or 274 mg/ kg/ day in females, respectively) for 2 years. In a supplementary study conducted to evaluate the adequacy of the high dose tested in the main study, the same strain of mice ( 50/ sex) received 0 or 2000 ppm ( 414 and 424 mg/ kg/ day in males and females, respectively) for the same time period. For chronic toxicity, the NOEL was 1000 ppm ( 208 mg/ kg/ day). The LOEL was 2000 ppm ( 414 mg/ kg/ day) based on decreased bodyweight gain, food consumption and water consumption. There was no evidence of carcinogenicity in either sex ( MRID No. 42256335 and 42256336).

E. Developmental Toxicity In a developmental toxicity with Sprague Dawley rats, groups of pregnant animals ( 25/ group) received oral administration of Imidacloprid ( 94.2%) at 0, 10, 30, or 100 mg/ kg/ day during gestation days 6 through 16. Maternal toxicity was manifested as decreased body weight gain at all dose levels and reduced food consumption at 100 mg/ kg/ day. No treatment related effects were seen in any of the reproductive parameters ( i. e., cesarian section evaluation). At 100 mg/ kg/ day, developmental toxicity manifested as characterized as wavy ribs ( fetus = 7/ 149 in treated vs. 2/ 158 in controls and litters, 4/ 25 vs. 1/ 25). For maternal toxicity, the LOEL was 10 mg/ kg/ day ) LDT) based on decreased body weight gain; a NOEL was not established. For developmental toxicity, the NOEL was 30 mg/ kg/ day and the LOEL was 100 mg/ kg/ day based on increased wavy ribs ( MRID No. 42256338). 6 In a developmental toxicity with Chinchilla rabbits, groups of 16 pregnant does were given oral doses of Imidacloprid ( 94.2%) at 0, 8, 24 or 72 mg/ kg/ day during gestation days 6 through 18. For maternal toxicity, the NOEL was 24 mg/ kg/ day and the LOEL was 72 mg/ kg/ day based on mortality, decreased body weight gain, increased resorption, and increased abortion. For developmental toxicity, the NOEL was 24 mg/ kg/ day and the LOEL was 72 mg/ kg/ day based on decreased fetal body weight, increased resorptions, and and increased skeletal abnormalities ( MRID No. 42256339).

E. Reproductive Toxicity In a two generation reproduction study, 95.3% Imidacloprid was administered to Wistar/ Han rats at dietary levels of 100, 250, or 700 ppm ( 7.3, 18.3, or 52.0 mg/ kg/ day for males and 8.0, 20.5, or 57.4 mg/ kg/ day for females) ( MRID 42256340, Doc. No. 010537). The study DER indicated that the parental NOEL was 700 ppm ( 55 mg/ kg/ day) and the parental LOEL was not determined. The DER also stated that the reproductive NOEL was 100 ppm ( 8 mg/ kg/ day) and the reproductive LOEL was 250 ppm ( 19 mg/ kg/ day), based upon decreased pup body weight in both generations. The Committee reviewed the adult and pup body weight data and provided the following comments: 1) Based upon body weight data in parental animals, significant decreases in premating, gestation, and lactation body weight were observed in males and/ or females of both generations at 700 ppm. 2) Overall body weight gains during premating were reduced although they did not appear to be significantly affected. The assertion by the study reviewer, that decreased palatability was the primary cause for the body weight decrements was not supported by the body weight data from the first week of dosing ( during which no body weight decreases occurred).

Therefore, the Committee agreed that the parental systemic LOEL was 700 ppm, based upon decreased mean body weight in males and females of both generations, and the parental systemic NOEL was 250 ppm. The Committee also reviewed the body weight data for the four sets of litters produced during this study. Although the study reviewer determined that the reproductive toxicity LOEL was 250 ppm, based upon decreased pup body weight, the Committee found that effects at that dietary level were inconsistent between and within generations. The significant differences noted for the F1a and F1b litters were actually increases in body weight; then in the second generation, significant decreases were only observed on day 7 for the F2a pups and on day 21 for the F2b pups, although a dose response was suggested. The Committee concluded that the evidence for a treatment related effect on pup body weight at 250 ppm was equivocal. For parental/ systemic/ reproductive toxicity, the NOEL was 250 ppm ( 18.3 mg/ kg/ day) and the LOEL was 750 ppm ( 52 mg/ kg/ day), based on decreases in body weight in both sexes in both generations. Based on these factors, the Committee recommended that the Data Evaluation Record should be revised to indicate the parental/ systemic/ reproductive NOEL and LOEL to be 250 and 700 ppm, respectively, based upon the body weight decrements observed in both sexes in both generations. 7 G. Mutagenicity As shown below, mutagenicity studies have demonstrated that Imidacloprid is nonmutagenic both in vivo and in vitro Assay MRIDs # Results Ames Salmonella 42256363 Negative Recombination assay  yeast 42256353 Negative Chromosomal aberration  in vivo 42256344 Negative Chromosomal aberration  in vitro 42256345 Negative Sister Chromatid assay  in vivo 42256346 Negative Cytogenetics  CHO cells  in vitro 42256342 Negative Micronucleus  mouse 42256366 Negative DNA repair test 42256353 Negative HGPRT assay  CHO 42256365 Negative H. Dermal Absorption No dermal absorption studies are available. The Committee noted the lack of dermal toxicity via this route with the dermal LD50 of > 5000 mg/ kg in rabbits as well as lack of dermal or systemic toxicity at 1000 mg/ kg/ day ( Limit Dose) in the 21 day dermal toxicity study in rabbits. 8 I. Recommendation for a Developmental Neurotoxicity Study The Committee recommended that a developmental neurotoxicity study be required for Imidacloprid. The following information was considered in the weight of evidence evaluation.

1) Evidence that support requiring a developmental neurotoxicity study:

Imidacloprid is a neurotoxic chemical. Evidence of functional neurotoxicity was seen in the acute neurotoxicity study where a single oral dose caused a dose related decreased motor activity in all dosed females, including a 25% decrease at the lowest dose tested ( 42 mg/ kg/ day).

Imidacloprid is a nicotine analog and is expected to act as a nicotinic agonist.

With this class of chemical, there is no readily available biomarker ( e. g., Cholinesterase inhibition) for assessment of subtle neurotoxic effects.

In the 1993 2 year chronic study in rats, significant alterations to brain weight were noted in males and females at 900 ppm ( 51.3 and 73 mg/ kg/ day in males and females).

There has been no assessment for delayed neurotoxicity study in the hen.

A review of the literature suggests that nicotine causes developmental toxicity, including functional deficits, in animals and/ or humans exposed in utero.

2) Evidence that do not support asking for a developmental neurotoxicity study:

No effects on histopathology of the brain were observed in any of the guideline studies in which these parameters were measured including the acute and subchronic neurotoxicity studies in rats.

No evidence of developmental anomalies of the fetal nervous system were observed in the prenatal developmental toxicity studies in either rats, or rabbits, at maternally toxic oral doses up to 100 and 72 mg/ kg/ day, respectively. 9 II. FQPA CONSIDERATIONS The prenatal developmental toxicity data demonstrated no indication of increased sensitivity of rats or rabbits to in utero exposure to Imidacloprid. In addition, the multigeneration reproduction study data did not identify any increased sensitivity of rats to in utero or postnatal exposure. Maternal and parental NOELs were lower or equivalent to developmental or offspring NOELs.

III. HAZARD IDENTIFICATION A. Acute Dietary ( one day)

Study Selected: Acute Neurotoxicity  Rat § 81 8 MRID No 41370301 & 43285801 EXECUTIVE SUMMARY: In an acute neurotoxicity study, groups of Sprague Dawley rats ( 18/ sex/ dose) were given a single oral administration of Imidacloprid ( 97.6%) in 0.5% methylcellulose with 0.4% Tween 80 in deionized water at 0, 42, 151 or 307 mg/ kg. Parameters evaluated included: clinical pathology ( 6/ sex/ dose); Functional Observation Battery ( FOB) measurements ( 12/ sex/ dose); and neuropathology ( 6/ sex/ dose). FOB measurements were made approximately 90 minutes post dosing, and on days 7 and 14. Motor activity measurements were made at approximately 2.5 hours post dosing.

At 307 mg/ kg/ day, 4/ 18 males and 10/ 18 females died and both sexes of rats at this dose exhibited decreased number of rears, grip strength ( forelimb and hindlimb) and response to stimuli ( auditory, touch, or tail pinch) as well as increased gait abnormalities and righting reflex impairments and body temperatures. These symptoms regressed by day 5. At 151 mg/ kg/ day, cage side FOB assessments revealed tremors in one male and one female and and red nasal staining in one male. On the day of dosing, a dose related decrease in total session motor activity was observed in males at 151 mg/ kg/ day ( 25% decrease) and 307 mg/ kg/ day ( 73%) and in females at all dose levels with the decreases ( 25, 48, and 81%, respectively at 42, 151 and 307 mg/ kg/ day) reaching statistical significance ( p < 0.05) at 151 and 307 mg/ kg/ day dose levels. Decreases in motor activity was seen at all time intervals. Total session locomotor activity was also decreased to about the same percentage difference but statistical significance were not reported. On days 7 and 14, decreases ( not statistically significant) were still observed in motor and locomotor activity in surviving high dose males. The LOEL was 42 mg/ kg based on the decrease in motor and locomotor activities observed in females; a NOEL was not established ( MRID No. 4137031 and 43285801).

Dose/ Endpoint for Risk Assessment: LOEL= 42 mg/ kg/ day based on the dose related 10 decreases in motor activity in females. A NOEL was not established.

Comments about Study/ Endpoint: An Uncertainty Factor of 3 was assessed to this dose ( LOEL) to account for the lack of a NOEL. A Margin of Exposure of 300 is required.

The Committee recommended that the DER should be revised to reflect a LOEL of 42 mg/ kg/ day based on the dose related decreases in motor activity in female rats. This effect was seen in this sex at all dose levels at all time intervals.

B. Chronic Dietary [ Reference Dose ( RfD)]

Study Selected: Chronic toxicity/ Carcinogenicity  Rat ( § 83 5)

MRID No. 42256335 & 42256336 Executive Summary: In a combined chronic toxicity/ carcinogenicity study, groups of Bor WISW rats ( 50/ sex/ dose) received Imidacloprid ( 95.3%) at 0, 100, 300 or 900 ppm ( 0, 5.7, 16.9 or 51.3 mg/ kg/ day in males and 0, 7.6, 24.9, or 73 mg/ kg/ day in females, respectively) for 104 weeks. For chronic toxicity, the NOEL was 100 ppm ( 5.7 mg/ kg/ day in males and 7.6 mg/ kg/ day in females ) and the LOEL was 300 ppm ( 16.9 mg/ kg/ day in males and 24.9 mg/ kg/ day in females) based decreased body weight gains in females and increased thyroid lesions in males. Organ weight changes were observed in both sexes of rats at doses above 900 ppm. There was no evidence of carcinogenicity in either sex ( MRID No. 42256331 and 42256332).

Dose/ Endpoint for establishing the RfD: NOEL= 5.7 mg/ kg/ day based on increased thyroid lesions in males at 16.9 mg/ kg/ day ( LOEL).

Uncertainty Factor ( UF): An UF of 100 was applied to account for both inter and intraspecies variations.

Derivation of RfD: 5.7 mg/ kg/ day ( NOEL = 0.057 mg/ kg/ day 100 ( UF)

C. Occupational/ Residential Exposure 1. Short Term Dermal ( 1 7 days)

Study Selected: None Dose/ Endpoint for Risk Assessment: Not applicable 11 Comments about Study/ Endpoint: No dermal or systemic toxicity was seen in a 21 day dermal toxicity study in rabbits following repeated dermal applications of Imidacloprid at 1000 mg/ kg/ day ( Limit Dose) for 3 weeks. Therefore, this risk assessment is not required.

2. Intermediate Term Dermal ( 7 days to several months)

Study Selected: None Dose/ Endpoint for Risk Assessment: Not applicable Comments about Study/ Endpoint: No dermal or systemic toxicity was seen in a 21 day dermal toxicity study in rabbits following repeated dermal applications of Imidacloprid at 1000 mg/ kg/ day ( Limit Dose) for 3 weeks. Therefore, this risk assessment is not required.

3. Long Term Dermal ( Several months to Life time)

Study Selected: None Dose/ Endpoint for Risk Assessment: Not applicable Comments about Study/ Endpoint: No dermal or systemic toxicity was seen in a 21 day dermal toxicity study in rabbits following repeated dermal applications of Imidacloprid at 1000 mg/ kg/ day ( Limit Dose) for 3 weeks. Therefore, this risk assessment is not required.

4. Inhalation Exposure ( Any Time period)

Based on the LC 50 of > 5.33 mg/ L ( Limit Dose), Imidaclorprid is placed in Toxicity Category IV. Therefore, a separate risk assessment via this route is not required.

IV UNCERTAINTY FACTORS FOR DIETARY RISK ASSESSMENT A. Acute Dietary Risk Assessment The endpoint selected for acute dietary risk assessment is based on neurotoxicity characterized by decreases in motor or locomotor activity in female rats at 42 mg/ kg/ day ( LOEL) in an acute neurotoxicity study. A NOEL was not established in this study. An additional UF of 3 is applied due to the use of the LOEL for risk assessment.

Therefore, for acute dietary risk assessment, the Committee determined that the additional UF of 10 to account for enhanced sensitivity of infants and children ( as required by FQPA) is reduced to 3 fold for a total UF of 300 ( 10 x each for inter and intra species variation and 3 for FQPA). Thus, a MOE of 300 is required to ensure protection of this population from exposure to Imidaclorprid. A MOE of 300 is supported by the following factors: 12 ( i) No maternal or developmental toxicity attributable to an acute ( single dose) in utero exposure of Imidacloprid was seen in developmental toxicity studies.

( ii) The endpoint identified is neurotoxicity in adult rats.

( iii) Lack of a NOEL in the study used for selecting the dose and endpoint for this risk assessment.

2. Chronic Dietary Risk Assessment The endpoint selected for chronic risk assessment is decreased body weight gains in females and increased thyroid lesions observed at 7.6 mg/ kg/ day in male rats in a combined chronic toxicity/ carcinogenicity study. The NOEL was 5.7 mg/ kg/ day. An UF of 100 was applied to account for inter ( 10) and intra ( 10) species variation.

For chronic dietary risk assessment, the Committee determined that an additional UF of 10 to account for enhanced sensitivity of infants and children ( as required by FQPA) is reduced to a 3 fold for a total UF of 300 ( 10 for inter species variation x 10 for intraspecie variation x 3 for FQPA). The UF of 300 is supported by the following factors:

( i) Concern for structure activity relationship. Imidacloprid, a chloronicotinyl compound, is an analog to nicotine and studies in the published literature suggests that nicotine, when administered causes developmental toxicity, including functional deficits, in animals and/ or humans that are exposed in utero.

( ii) Imidacloprid administration resulted in evidence of functional neurotoxicity in the acute toxicity study in rats. Dose related decreases in motor activity was seen in females given a single oral dose. Significant alterations to brain weight were noted in the 2 year carcinogenicity study in rats.

( iii) Need of a developmental neurotoxicity study for assessment of potential alterations on functional development ( i. e., data gap).


[Federal Register Volume 77, Number 102 (Friday, May 25, 2012)]
[Notices]
[Pages 31344-31345]
[FR Doc No: 2012-12702]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14377-000]

Grand Valley Irrigation Company; Notice of Application Accepted
for Filing and Soliciting Comments, Motions To Intervene, Protests,
Recommendations, and Terms and Conditions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Conduit Exemption.
    b. Project No.: 14377-000.
    c. Date filed: March 26, 2012.
    d. Applicant: Grand Valley Irrigation District.
    e. Name of Project: Dividers Hydroelectric Project.
    f. Location: The proposed Dividers Hydroelectric Project would be
located on the Grand Valley Irrigation Canal where the Mainline canal
splits into the Highline and the Lower Mainline in Mesa County,
Colorado. The land on which all the project structures is owned by the
applicant.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. Charlie Guenther, Grand Valley Irrigation
Company, 688 26 Road, Grand Junction, CO 81506, phone<PHONE_NUMBER>.
    i. FERC Contact: Kelly Houff,<PHONE_NUMBER><EMAIL_ADDRESS>    j. Status of Environmental Analysis: This application is ready for
environmental analysis at this time, and the Commission is requesting
comments, reply comments, recommendations, terms and conditions, and
prescriptions.
    k. Deadline for filing responsive documents: Due to the small size
of the proposed project, as well as the resource agency consultation
letters filed with the application, the 60-day timeframe specified in
18 CFR 4.34(b) for filing all comments, motions to intervene, protests,
recommendations, terms and conditions, and prescriptions is shortened
to 30 days from the issuance date of this notice. All reply comments
filed in response to comments submitted by any resource agency, Indian
tribe, or person, must be filed with the Commission within 45 days from
the issuance date of this notice.
    Comments, protests, and interventions may be filed electronically
via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site under http://www.ferc.gov/docs-filing/efiling.asp. The Commission strongly
encourages electronic filings.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person on the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, it must also serve a
copy of the document on that resource agency.
    l. Description of Project: The Dividers Hydroelectric Project would
consist of: (1) An intake pipe approximately 110 feet in length; (2) a
powerhouse containing one proposed generating unit with an installed
capacity of 185 kilowatts; (3) a discharge pipe approximately 25 feet
in length; and (4) appurtenant facilities. The applicant estimates the
project would have an average annual generation of 770 megawatt-hours.
    m. This filing is available for review and reproduction at the
Commission in the Public Reference Room, Room 2A, 888 First Street NE.,
Washington, DC 20426. The filing may also be viewed on the web at
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number, P-14377, in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3676 or email
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is
also available for review and reproduction at the address in item h
above.
    n. Development Application--Any qualified applicant desiring to
file a competing application must submit to the Commission, on or
before the specified deadline date for the particular application, a
competing development application, or a notice of intent to file such
an application. Submission of a timely notice of intent allows an
interested person to file the competing development application no
later than 120 days after the specified deadline date for the
particular application. Applications for preliminary permits will not
be accepted in response to this notice.
    o. Notice of Intent--A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit a competing development application. A notice of intent must be
served on the applicant(s) named in this public notice.
    p. Protests or Motions to Intervene--Anyone may submit a protest or
a motion to intervene in accordance with the requirements of Rules of
Practice and Procedure, 18 CFR 385.210, 385.211, and 385.214. In
determining the appropriate action to take, the Commission will
consider all protests filed, but only those who file a motion to
intervene in accordance with the Commission's Rules may become a party
to the proceeding. Any protests or motions to intervene must be
received on or before the specified deadline date for the particular
application.
    q. All filings must (1) bear in all capital letters the title
``PROTEST'', ``MOTION TO INTERVENE'', ``NOTICE OF INTENT TO FILE
COMPETING APPLICATION'', ``COMPETING APPLICATION'', ``COMMENTS'',
``REPLY COMMENTS,'' ``RECOMMENDATIONS,'' ``TERMS AND CONDITIONS,'' or
``PRESCRIPTIONS;'' (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person protesting or intervening; and (4) otherwise comply with the
requirements of 18 CFR 385.2001 through 385.2005. All comments,
recommendations, terms and conditions or prescriptions must set forth
their evidentiary basis and otherwise comply with the requirements of
18 CFR 4.34(b). Agencies may obtain copies of the application directly
from the applicant. Any of these documents must be filed by providing
the original and seven copies to: The Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426. An
additional copy must be sent to Director, Division of Hydropower
Administration and Compliance, Office of Energy Projects, Federal
Energy Regulatory Commission, at the above address. A copy of any
protest or motion to intervene must be served upon each representative
of the applicant specified in the particular application. A copy of all
other filings in reference to this application must be accompanied by
proof of service on all persons listed in the service list prepared by
the Commission in this proceeding, in accordance with 18 CFR 4.34(b)
and 385.2010.

    Dated: May 18, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-12702 Filed 5-24-12; 8:45 am]
BILLING CODE 6717-01-P