[Federal Register Volume 81, Number 92 (Thursday, May 12, 2016)]
[Notices]
[Page 29557]
[FR Doc No: 2016-11229]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 7518-018]

Erie Boulevard Hydropower, L.P. and Saint Regis Mohawk Tribe;
Notice of Availability of Environmental Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 380 (Order No. 486, 52 FR 47897), the Office
of Energy Projects has reviewed Erie Boulevard Hydropower, L.P. and
Saint Regis Mohawk Tribe's (licensees) Environmental Analysis, filed
with the Commission on April 28, 2016, regarding the proposed surrender
of project license for the Hogansburg Hydroelectric Project. The
project is located on the St Regis River in Franklin County, New York.
The project does not occupy any federal lands.
    After independent review of the licensees' Environmental Analysis,
Commission staff has decided to adopt it and issue it as staff's
Environmental Assessment (EA). The EA analyzes the potential
environmental impacts of decommissioning project facilities, including
dam removal, and the surrender of the project license. The EA includes
proposed mitigation measures and concludes that granting the proposed
surrender would not constitute a major federal action that would
significantly affect the quality of the human environment.
    A copy of the EA is on file with the Commission and is available
for public inspection. The EA may be viewed on the Commission's Web
site at http://www.ferc.gov using the ``eLibrary'' link. Enter the
docket number (P-7518) in the docket number field to access the
document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>or call toll-free at 1-866-208-3676 or (202)
502-8659 (for TTY).
    A copy of the EA may also be accessed using this link: http://elibrary.ferc.gov/idmws/common/OpenNat.asp?fileID=14226917.
    You may also register online at http://www.ferc.gov/docs-filing/esubsription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    All comments must be filed within 30 days of the date of this
notice and should reference Project No. 7518-018. The Commission
strongly encourages electronic filing. Please file comments using the
Commission's efiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support. In lieu of electronic
filing, please send a paper copy to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    For further information, contact Mo Fayyad at<PHONE_NUMBER> or
<EMAIL_ADDRESS>
    Dated: May 5, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-11229 Filed 5-11-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 11 (Thursday, January 16, 2014)]
[Notices]
[Page 2929]
[FR Doc No: 2014-00699]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2014-01]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before February 5, 2014.

ADDRESSES: You may send comments identified by Docket Number FAA-2013-
0982 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Katherine L. Haley, ARM-203, Federal
Aviation Administration, Office of Rulemaking, 800 Independence Ave.
SW., Washington, DC 20591; email<EMAIL_ADDRESS>(202) 493-
5708.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on January 10, 2014.
Lirio Liu,
Director, Office of Rulemaking.

PETITION FOR EXEMPTION

    Docket No.: FAA-2013-0982
    Petitioner: Hartzell Propeller Inc.
    Section of 14 CFR Affected:
    14 CFR part: 45.13(a)(4)
    Description of Relief Sought:

    The petitioner is requesting relief from having type certificate
markings on the blades of propellers.

[FR Doc. 2014-00699 Filed 1-15-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 190 (Tuesday, October 5, 2021)]
[Notices]
[Pages 55041-55043]
[FR Doc No: 2021-21743]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93186; File No. SR-NYSEArca-2021-85]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend NYSE Arca
Rules 7.2-E and 7.2-O

September 30, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on September 28, 2021, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to amend NYSE Arca Rules 7.2-E and 7.2-O
(Holidays) to make Juneteenth National Independence Day a holiday of
the Exchange. Juneteenth National Independence Day was designated a
legal public holiday in June 2021. The proposed rule change is
available on the Exchange's website at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
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 those statements may be examined at
the places specified in Item IV below.

The Exchange has prepared summaries, set forth in sections A, B, and C
below, of the most significant parts of such statements.

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

1. Purpose
    The Exchange proposes to amend NYSE Arca Rules 7.2-E and 7.2-O
(Holidays) to make Juneteenth National Independence Day a holiday of
the Exchange.
    On June 17, 2021, Juneteenth National Independence Day was
designated a legal public holiday.\3\ Consistent with broad industry
sentiment \4\ and the approach recommended by the Securities Industry
and Financial Markets Association (``SIFMA''),\5\ the Exchange proposes
to add ``Juneteenth National Independence Day'' to the existing list of
holidays in the first paragraph of NYSE Arca Rules 7.2-E and 7.2-O. As
a result, the Exchange will not be open for business on Juneteenth
National Independence Day, which falls on June 19 of each year. In
accordance with the second paragraph of NYSE Arca Rules 7.2-E and 7.2-
O, when the holiday falls on a Saturday, the Exchange will not be open
for business on the preceding Friday, and when it falls on a Sunday,
the Exchange will not be open for business on the succeeding Monday.\6\
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    \3\ Public Law 117-17.
    \4\ See, e.g. https://www.bloomberg.com/news/articles/2021-06-18/bofa-makes-juneteenth-a-holiday-joining-jpmorgan-wells-fargo?sref=Hhue1scO.
    \5\ SIFMA recommends a full market close in observance of
Juneteenth National Independence Day. See https://www.sifma.org/resources/general/holiday-schedule/. See also https://www.sifma.org/resources/news/sifma-revises-2022-fixed-income-market-close-recommendations-in-the-u-s-to-include-full-close-for-juneteenth-national-independence-day/.
    \6\ NYSE Arca Rules 7.2-E and 7.2-O. There is an exception to
the practice if unusual business conditions exist, such as the
ending of a monthly or yearly accounting period. Id.
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    The first paragraph of the revised rule would read as follows
(proposed additions italicized):

    The Exchange will not be open for business on New Year's Day,
Martin Luther King Jr. Day, Presidents' Day, Good Friday, Memorial
Day, Juneteenth National Independence Day, Independence Day, Labor
Day, Thanksgiving Day and Christmas Day.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with Section
6(b) of the Act,\7\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\8\ in particular, because it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to, and perfect the mechanisms of, a
free and open market and a national market system and, in general, to
protect investors and the public interest and because it is not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed change would remove
impediments to and perfect the mechanism of a free and open market and
a national market system and, in general, protect investors and the
public interest because the proposed amended rule would clearly state
that the Exchange will not be open for business on Juneteenth National
Independence Day, which is a federal holiday, and would address what
day would be taken off if June 19 fell on a Saturday or Sunday. The
change would thereby promote clarity and transparency in the Exchange
rules by updating the list of holidays of the Exchange.
    The proposed change does not raise any new or novel issues.
    For these reasons, the Exchange believes that the proposal is
consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\9\ the Exchange
believes that the proposed rule change will not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. The proposed change is not designed to address any
competitive issue but rather to amend the Exchange rule regarding
holidays.
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    \9\ 15 U.S.C. 78f(b)(8).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \10\ and Rule 19b-
4(f)(6)(iii) thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \12\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\13\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has
requested that the Commission waive the 30-day operative delay so that
the proposal may become operative prior to 30 days after the date of
the filing. The Exchange states that waiver of the operative delay
would be consistent with the protection of investors and the public
interest because the proposed rule change, as described above, would
state that the Exchange will not be open for business on Juneteenth
National Independence Day, which is a federal holiday, and would
address what day would be taken off if June 19 fell on a Saturday or
Sunday. The Exchange further states that the proposed change does not
raise any new or novel issues. For these reasons, the Commission
believes that waiver of the 30-day operative delay is consistent with
the protection of investors and the public interest. Accordingly, the
Commission hereby waives the operative delay and designates the
proposed rule change operative upon filing.\14\
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    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings

to determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2021-85 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2021-85. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEArca-2021-85, and should be
submitted on or before October 26, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-21743 Filed 10-4-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: May 3, 2006 (Volume 71, Number 85)]
[Rules and Regulations]
[Page 25961-25966]
[DOCID:fr03my06-15]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2005-0540; FRL-8063-2]

Azoxystrobin; Pesticide Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for combined residues
of azoxystrobin, [methyl(E)-2-(2-(6-(2-cyanophenoxy) pyrimidin-4-yloxy)
phenyl)-3-methoxyacrylate] and the Z-isomer of azoxystrobin,
[methyl(Z)-2-(2-(6-(2-cyanophenoxy) pyrimidin-4-yloxy)phenyl)-3
methoxyacrylate] in or on Herb Subgroup 19A, fresh leaves; Herb
Subgroup 19A, dried leaves; Spice Subgroup 19B, except black pepper;
Rapeseed, seed; Rapeseed, Indian; Mustard, Indian, seed; Mustard,
field, seed; Mustard, seed; Flax, seed; Sunflower, seed; Safflower,
seed; Crambe, seed. Interregional Research Project Number 4 (IR-4)
requested these tolerances under the Federal Food, Drug, and Cosmetic
Act (FFDCA), as amended by the Food Quality Protection Act of 1996
(FQPA).

DATES: This regulation is effective May 3, 2006. Objections and
requests for hearings must be received on or before July 3, 2006.

ADDRESSES:  To submit a written objection or hearing request follow the
detailed instructions as provided in Unit VI. of the SUPPLEMENTARY
INFORMATION. EPA has established a docket for this action under Docket
identification (ID) number EPA-HQ-OPP-2005-0540. All documents in the
docket are listed on the regulations.gov Web site. (EDOCKET, EPA's
electronic public docket and comment system was replaced on November
25, 2005, by an enhanced federal-wide electronic docket management and
comment system located at http://www.regulations.gov. Follow the on-

line instructions.) Although listed in the index, some information is
not publicly available, i.e., CBI or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically in EDOCKET or in hard copy at the
Public Information and Records Integrity Branch (PIRIB), Rm. 119,
Crystal Mall 2, 1801 S. Bell St., 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.
     Important Note: OPP will be moving to a new location the
first week of May 2006. As a result, from Friday, April 28 to Friday,
May 5, 2006, the OPP Regulatory Public Docket will NOT be accepting any
deliveries at the Crystal Mall 2 address and this facility
will be closed to the public. Beginning on May 8, 2006, the OPP
Regulatory Public Docket will reopen at 8:30 a.m. and deliveries will
be accepted in Rm. S-4400, One Potomac Yard (South Building), 2777 S.
Crystal Drive, Arlington, VA 22202. The mail code for the mailing
address will change to (7502P), but will otherwise remain the same. The
OPP Regulatory Public Docket telephone number and hours of operation
will remain the same after the move.

FOR FURTHER INFORMATION CONTACT:  Barbara Madden, Registration Division
(7505C), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS 111), e.g., agricultural workers;
greenhouse, nursery, and floriculture workers; farmers.
     Animal production (NAICS 112), e.g., cattle ranchers and
farmers, dairy cattle farmers, livestock farmers.
     Food manufacturing (NAICS 311), e.g., agricultural
workers; farmers; greenhouse, nursery, and floriculture workers;
ranchers; pesticide applicators.

     Pesticide manufacturing (NAICS 32532), e.g., agricultural
workers; commercial applicators; farmers; greenhouse, nursery, and
floriculture workers; residential users.
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. How Can I Access Electronic Copies of this Document and Other
Related Information?

    In addition to using EDOCKET (http://www.epa.gov/edocket), you may

access this Federal Register document electronically through the EPA
Internet under the ``Federal Register'' listings at http://www.epa.gov/fedrgstr.
 A frequently updated electronic version of 40 CFR part 180 is

available at E-CFR Beta Site Two at http://www.gpoaccess.gov/ecfr. To

access the OPPTS Harmonized Guidelines referenced in this document, go
directly to the guidelines at http://www.epa.gpo/opptsfrs/home/guidelin.htm
.

II. Background and Statutory Findings

    In the Federal Register of March 8, 2006 (71 FR 11624) (FRL-7765-
5), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petitions (PP
3E6637, 3E6749, and 4E6823) by Interregional Research Project
4 (IR-4), 681 US Highway 1 South, North Brunswick, NJ
08902-3390. The petitions requested that 40 CFR 180.507 be amended by
establishing a tolerance for combined residues of the fungicide
azoxystrobin, (methyl (E)-2-(2-[6-(2-cyanophenoxy)pyrimidin-4-
yloxy]phenyl)-3-methoxyacrylate) and the Z isomer of azoxystrobin,
(methyl (Z)-2-(2-[6-(2-cyanophenoxy)pyrimidin-4-yloxy]phenyl)-3-
methoxyacrylate), in or on Herb Subgroup 19A, fresh leaves at 50 parts
per million (ppm) (PP 4E6823); Herb Subgroup 19A, dried leaves at 260
ppm (PP 4E6823); Spice Subgroup 19B, except black pepper at 38 ppm (PP
3E6637); Rapeseed, seed at 0.5 ppm (PP 3E6749); Rapeseed, Indian at 0.5
ppm (PP 3E6749); Mustard, Indian, seed at 0.5 ppm (PP 3E6749); Mustard,
field, seed at 0.5 ppm (PP 3E6749); Mustard, seed at 0.5 ppm (PP
3E6749); Flax, seed at 0.5 ppm (PP 3E6749); Sunflower, seed at 0.5 ppm
(PP 3E6749); Safflower, seed at 0.5 ppm (PP 3E6749); and Crambe, seed
at 0.5 ppm (PP 3E6749). That notice included a summary of the petition
prepared by Syngenta, the registrant on behalf of the Interregional
Research Project Number 4 (IR-4). One comment was received on the
notice of filing. EPA's response to this comment is discussed in Unit
IV.C.
    EPA is also deleting the tolerance established for coriander,
leaves in Sec.  180.507(a), since it is being replaced by establishing
the Herb Subgroup 19A and Spice Subgroup 19B.
    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical
residue....''
    EPA performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. For further discussion of the
regulatory requirements of section 408 of the FFDCA and a complete
description of the risk assessment process, see http://www.epa.gov/fedrgstr/EPA-PEST/1997/November/Day-26/p30948.htm
.

III. Aggregate Risk Assessment and Determination of Safety

    Consistent with section 408(b)(2)(D) of FFDCA, EPA has reviewed the
available scientific data and other relevant information in support of
this action. EPA has sufficient data to assess the hazards of and to
make a determination on aggregate exposure, consistent with section
408(b)(2) of FFDCA, for tolerances for combined residues of
azoxystrobin, [methyl(E)-2-(2-(6-(2-cyanophenoxy) pyrimidin-4-yloxy)
phenyl)-3-methoxyacrylate] and the Z-isomer of azoxystrobin,
[methyl(Z)-2-(2-(6-(2-cyanophenoxy) pyrimidin-4-yloxy)phenyl)-3
methoxyacrylate] on Herb Subgroup 19A, fresh leaves at 50 ppm; Herb
Subgroup 19A, dried leaves at 260 ppm; Spice Subgroup 19B, except black
pepper at 38 ppm; rapeseed, seed at 0.5 ppm; Rapeseed, Indian at 0.5
ppm; Mustard, Indian, seed at 0.5 ppm; Mustard, field, seed at 0.5 ppm;
Mustard, seed at 0.5 ppm; Flax, seed at 0.5 ppm; Sunflower, seed at 0.5
ppm; Safflower, seed at 0.5 ppm; and Crambe, seed at 0.5 ppm. EPA's
assessment of exposures and risks associated with establishing the
tolerance follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered its
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children. Specific information on the studies received and the nature
of the toxic effects caused by azoxystrobin as well as the no observed
adverse effect level (NOAEL) and the lowest observed adverse effect
level (LOAEL) from the toxicity studies can be found at http://www.epa.gov/fedrgstr/EPA-PEST/2000/September/Day-29/p25051.htm

B. Toxicological Endpoints

    For hazards that have a threshold below which there is no
appreciable risk, the dose at which no adverse effects are observed
(the NOAEL) from the toxicology study identified as appropriate for use
in risk assessment is used to estimate the toxicological level of
concern (LOC). However, the lowest dose at which adverse effects of
concern are identified (the LOAEL) is sometimes used for risk
assessment if no NOAEL was achieved in the toxicology study selected.
An uncertainty factor (UF) is applied to reflect uncertainties inherent
in the extrapolation from laboratory animal data to humans and in the
variations in sensitivity among members of the human population as well
as other unknowns.
    The linear default risk methodology (Q*) is the primary method
currently used by the Agency to quantify non-threshold hazards such as
cancer. The Q* approach assumes that any amount of exposure will lead
to some degree of cancer risk, estimates risk in terms of the
probability of occurrence of additional cancer cases. More information
can be found on the general principles EPA uses in risk
characterization at http://www.epa.gov/pesticides/health/human.htm.

    A summary of the toxicological endpoints for azoxystrobin used for
human risk assessment is discussed in Unit III.B. of the final rule
published in the Federal Register of September 29, 2000 (65 FR 58404)
(FRL-6749-1).

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. Tolerances have been
established (40 CFR 180.507) for the combined residues of azoxystrobin,
(methyl (E)-2-(2-[6-(2-cyanophenoxy)pyrimidin-4-yloxy]phenyl-3-
methoxyacrylate) and the Z isomer of azoxystrobin, (methyl (Z)-2-(2-[6-
(2-cyanophenoxy)pyrimidin-4-yloxy]phenyl)-3-methoxyacrylate), in or on
a variety of raw agricultural commodities. In addition, tolerances for
livestock commodities have been established for the residues of
azoxystrobin (methyl(E)-2-(2-(6-(2-cyanophenoxy)pyrimidin-4-
yloxy)phenyl)-3-methoxyacrylate) in or on milk; meat, fat, and meat
byproducts (mbyp) of cattle, goat, hog, horse, and sheep. Risk
assessments were conducted by EPA to assess dietary exposures from
azoxystrobin in food as follows:
    i. Acute exposure. Quantitative acute dietary exposure and risk
assessments are performed for a food-use pesticide, if a toxicological
study has indicated the possibility of an effect of concern occurring
as a result of a 1-day or single exposure.
    In conducting the acute dietary exposure assessment, EPA used the
Dietary Exposure Evaluation Model software with the Food Commodity
Intake Database (DEEM-FCID\TM\, Version 2.03), which incorporates food
consumption data as reported by respondents in the United States
Department of Agriculture (USDA) 1994-1996 and 1998 nationwide
Continuing Surveys of Food Intake by Individuals (CSFII), and
accumulated exposure to the chemical for each commodity. The following
assumptions were made for the acute exposure assessments: One hundred
percent of proposed and registered crops are treated with azoxystrobin
(100% CT) and tolerance-level residues for all commodities.
    ii. Chronic exposure. In conducting the chronic dietary exposure
assessment, EPA used the DEEM-FCID\TM\, Version 2.03, which
incorporates food consumption data as reported by respondents in the
USDA 1994-1996 and 1998 nationwide CSFII, and accumulated exposure to
the chemical for each commodity. The following assumptions were made
for the chronic exposure assessments: One hundred percent of proposed
and registered crops are treated with azoxystrobin (100% CT) and
tolerance-level residues for all commodities.
    iii. Cancer. Azoxystrobin is classified as ``not likely to be a
human carcinogen.'' Therefore, a cancer dietary exposure assessment was
not performed.
    2. Dietary exposure from drinking water. The Agency lacks
sufficient monitoring exposure data to complete a comprehensive dietary
exposure analysis and risk assessment for azoxystrobin in drinking
water. Because the Agency does not have comprehensive monitoring data,
drinking water concentration estimates are made by reliance on
simulation or modeling taking into account data on the physical
characteristics of azoxystrobin. Further information regarding EPA
drinking water models used in pesticide exposure assessment can be
found at http://www.epa.gov/oppefed1/models/water/index.htm.

    Based on the FQPA Index Reservoir Screening Tool (FIRST) and
screening concentration in ground water (SCI-GROW) models, the
estimated environmental concentrations (EECs) of azoxystrobin for acute
exposures are estimated to be 170 parts per billion (ppb) for surface
water and 3.1 ppb for ground water. The EECs for chronic exposures are
estimated to be 33 ppb for surface water and 3.1 ppb for ground water.
    The drinking water estimates are based upon the crop with the
highest application rate (turf). The use of azoxystrobin on turf has
the highest single and yearly application rate at 0.55 pound/active
ingredient/Acre (lb ai/A) and 5 lb ai/A/year, respectively, this
application rate was used in the FIRST and SCI-GROW models to estimate
the concentrations of this chemical in surface water and ground water,
respectively.
    Modeled estimates of drinking water concentrations were directly
entered into the dietary exposure model (DEEM-FCID\TM\). For acute
dietary risk assessment, the peak water concentration value of 107 ppb
was used to access the contribution to drinking water. For chronic
dietary risk assessment, the annual average concentration of 33 ppb was
used to access the contribution to drinking water.
    3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., for lawn and garden pest control, indoor pest control,
termiticides, and flea and tick control on pets).
    Azoxystrobin is currently registered for use on the following
residential non-dietary sites: Residential turfgrass and ornamentals,
as well as indoor surfaces. The risk assessment was conducted using the
following residential exposure assumptions:
    Residential handlers may receive short-term dermal and inhalation
exposure to azoxystrobin when mixing, loading and applying the
formulations. Adults and children may be exposed to azoxystrobin
residues from dermal contact with foliage/surfaces during post-
application activities. Toddlers may receive short- and intermediate-
term oral exposure from incidental ingestion during post-application
activities.
    Inhalation daily doses for residential handlers were calculated for
the WDG formulation using data for mixing, loading and applying a
liquid. Based on PHED, unit exposure values from other handler
scenarios with these formulation types, the exposure from a WDG is
expected to be less than that of handling a liquid. The open mixing,
loading, and applying liquid using a low pressure handwand (PHED)
handler scenario was evaluated. The residential exposure and risk
assessment for turf and ornamentals was conducted using the application
rate for turf because it is the highest use rate.
    Exposures were estimated for residential handler activities
including: Mix, load and spot application of liquid formulation (low-
pressure hand sprayer), and mix, load and broadcast application of
liquid formulation (garden hose-end sprayer). In addition, short-term
exposures were estimated for infants and children for post-application
exposure scenarios resulting from indoor surface treatment including:
Toddlers' incidental ingestion of pesticide residues on hard indoor
surfaces from hand-to-mouth transfer, and toddlers' incidental
ingestion of pesticide residues on carpet/textile indoor surfaces from
hand-to-mouth transfer. Intermediate-term exposures were also estimated
for infants and children for residential post-application oral
exposures.
    The exposure estimates are based on some upper-percentile (i.e.,
maximum application rate, initial amount of transferrable residue and
duration of exposure) and some central tendency (i.e., surface area,
hand-to-mouth activity, and body weight) assumptions and are considered
to be representative of high-end exposures. The uncertainties
associated with this assessment stem from the use of an assumed amount
of pesticide available from turf, and assumptions regarding

transfer of chemical residues and hand-to mouth activity. The estimated
exposures are believed to be reasonable high-end estimates.
    4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of the FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
    Unlike other pesticides for which EPA has followed a cumulative
risk approach based on a common mechanism of toxicity, EPA has not made
a common mechanism of toxicity finding as to azoxystrobin and any other
substances and azoxystrobin does not appear to produce a toxic
metabolite produced by other substances. For the purposes of this
tolerance action, therefore, EPA has not assumed that azoxystrobin has
a common mechanism of toxicity with other substances. For information
regarding EPA's efforts to determine which chemicals have a common
mechanism of toxicity and to evaluate the cumulative effects of such
chemicals, see the policy statements released by EPA's Office of
Pesticide Programs concerning common mechanism determinations and
procedures for cumulating effects from substances found to have a
common mechanism on EPA's Web site at http://www.epa.gov/pesticides/cumulative
.

D. Safety Factor for Infants and Children

    1. In general. Section 408 of FFDCA provides that EPA shall apply
an additional tenfold margin of safety for infants and children in the
case of threshold effects to account for prenatal and postnatal
toxicity and the completeness of the data base on toxicity and exposure
unless EPA determines based on reliable data that a different margin of
safety will be safe for infants and children. Margins of safety are
incorporated into EPA risk assessments either directly through use of a
MOE analysis or through using uncertainty (safety) factors in
calculating a dose level that poses no appreciable risk to humans. In
applying this provision, EPA either retains the default value of 10X
when reliable data do not support the choice of a different factor, or,
if reliable data are available, EPA uses a different additional safety
factor value based on the use of traditional uncertainty factors and/or
special FQPA safety factors, as appropriate.
    2. Prenatal and postnatal sensitivity. The developmental and
reproductive toxicity data, from a Prenatal Development Study in Rats,
a Prenatal Development Study in Rabbits, and a 2-Generation
Reproductive Toxicity Study in Rats, did not indicate increased
susceptibility of young rats or rabbits to in utero and/or postnatal
exposure.
    3. Conclusion. There is a complete toxicity database for
azoxystrobin and exposure data are complete or are estimated based on
data that reasonably account for potential exposures. The Agency has
determined that the 10X FQPA safety factor to protect infants and
children should be removed (that is, set to 1) because, in addition to
the completeness of the toxicological database and the lack of
increased susceptibility of young rats and rabbits to pre- and
postnatal exposure to azoxystrobin, the unrefined acute and chronic
dietary exposure estimates will overestimate dietary exposure from
food, and ground water and surface water modeling data produce upper-
bound concentration estimates. The residential post-application
assessment is based upon the residential standard operational
procedures (SOPs). The assessment is based upon surrogate study data.
These data are reliable and are not expected to underestimate risk to
adults or children. The residential SOPs are based upon reasonable
``worst-case'' assumptions and are not expected to underestimate risk.

E. Aggregate Risks and Determination of Safety

    The Agency currently has two ways to estimate total aggregate
exposure to a pesticide from food, drinking water, and residential
uses. First, a screening assessment can be used, in which the Agency
calculates drinking water levels of comparison (DWLOCs) which are used
as a point of comparison against estimated drinking water
concentrations (EDWCs). The DWLOC values are not regulatory standards
for drinking water, but are theoretical upper limits on a pesticide's
concentration in drinking water in light of total aggregate exposure to
a pesticide in food and residential uses. More information on the use
of DWLOCs in dietary aggregate risk assessments can be found at http://www.epa.gov/oppfead1/trac/science/screeningsop.pdf
.

    More recently the Agency has used another approach to estimate
aggregate exposure through food, residential and drinking water
pathways. In this approach, modeled surface water and ground water
EDWCs are directly incorporated into the dietary exposure analysis,
along with food. This provides a more realistic estimate of exposure
because actual body weights and water consumption from the CSFII are
used. The combined food and water exposures are then added to estimated
exposure from residential sources to calculate aggregate risks. The
resulting exposure and risk estimates are still considered to be high
end, due to the assumptions used in developing drinking water modeling
inputs.
    1.  Acute risk. Using the exposure assumptions discussed in this
unit for acute exposure, the acute dietary exposure from food and water
to azoxystrobin will occupy 27% of the aPAD for the U.S. population,
24% of the aPAD for females 13 years and older, 23% of the aPAD for
infants (< 1 year old), and 74% of the aPAD for children 1-2 years old,
the subpopulation at greatest exposure. Therefore, EPA does not expect
the aggregate exposure to exceed 100% of the aPAD.
    2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that exposure to
azoxystrobin from food and water will utilize 28% of the cPAD for the
U.S. population, 19% of the cPAD for All infants (< 1 year old), and 70%
of the cPAD for children 1-2 years old, the subpopulation at greatest
exposure. Based on the use pattern, chronic residential exposure to
residues of azoxystrobin is not expected. Therefore, EPA does not
expect the aggregate exposure to exceed 100% of the cPAD.
    3. Short-term risk. Short-term aggregate exposure takes into
account residential exposure plus chronic exposure to food and water
(considered to be a background exposure level). Azoxystrobin is
currently registered for use that could result in short-term
residential exposure and the Agency has determined that it is
appropriate to aggregate chronic food, water and short-term exposures
for azoxystrobin.
    Using the exposure assumptions described in this unit for short-
term exposures, EPA has concluded that food, water and residential
exposures aggregated result in aggregate MOEs of 500 for the U.S.
population, 550 for youth 13-19 years old, 200 for all infants less
than 1 year old, 120 for children 1 to 2 years old and 580 for females
13-49 years old. These aggregate MOEs do not exceed the Agency's level
of concern, a MOE of 100, for aggregate exposure to food, water and
residential uses.
    4. Intermediate-term risk. Intermediate-term aggregate exposure
takes into account residential exposure plus chronic exposure to food
and water (considered to be a background

exposure level) of the risk from food and water, which do not exceed
the Agency's level of concern. Azoxystrobin is currently registered for
use(s) that could result in intermediate-term residential exposure and
the Agency has determined that it is appropriate to aggregate chronic
food, water and intermediate-term exposures for azoxystrobin.
    Using the exposure assumptions described in this unit for
intermediate-term exposures, EPA has concluded that food, water and
residential exposures aggregated result in aggregate MOEs of 120 for
children 1 to 2 years old. These aggregate MOEs do not exceed the
Agency's level of concern, a MOE of 100, for aggregate exposure to
food, water and residential uses.
    5. Aggregate cancer risk for U.S. population. Azoxystrobin has been
classified as not likely to be carcinogenic to humans. Therefore,
azoxystrobin is expected to pose at most a negligible cancer risk.
    6. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population, and to infants and children from aggregate
exposure to azoxystrobin residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate methodology is available for enforcement of these
tolerances. The gas chromatography/nitrogen phosphorous detector (GC/
NPD) method (RAM 243/04) has undergone a method validation by the EPA
analytical laboratory. EPA comments have been incorporated and the
revised method (designated RAM 243) will be submitted to FDA for
inclusion in PAM, Volume II as an enforcement method. The method may be
requested from: Chief, Analytical Chemistry Branch, Environmental
Science Center, 701 Mapes Rd., Ft. Meade, MD 20755-5350; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
B. International Residue Limits

    There are no Codex, Canadian, or Mexican MRLs for azoxystrobin in
or on the proposed commodities. Therefore, harmonization of tolerances
is not an issue.

C. Response to Comments

    One comment was received from a private citizen who opposed the
manufacturing and selling of this product due to potential effects on
the environment. This comment is considered irrelevant because the
safety standard for approving tolerances under section 408 of the FFDCA
focuses on potential harms to human health and does not permit
consideration of effects on the environment.

V. Conclusion

    Therefore, tolerances are established for combined residues of
azoxystrobin, [methyl(E)-2-(2-(6-(2-cyanophenoxy) pyrimidin-4-yloxy)
phenyl)-3-methoxyacrylate] and the Z-isomer of azoxystrobin,
[methyl(Z)-2-(2-(6-(2-cyanophenoxy) pyrimidin-4-yloxy)phenyl)-3
methoxyacrylate] on Herb Subgroup 19A, fresh leaves at 50 ppm; Herb
Subgroup 19A, dried leaves at 260 ppm; Spice Subgroup 19B, except black
pepper at 38 ppm; Rapeseed, seed at 0.5 ppm; Rapeseed, Indian at 0.5
ppm; Mustard, Indian, seed at 0.5 ppm; Mustard, field, seed at 0.5 ppm;
Mustard, seed at 0.5 ppm; Flax, seed at 0.5 ppm; Sunflower, seed at 0.5
ppm; Safflower, seed at 0.5 ppm; and Crambe, seed at 0.5 ppm.

VI. Objections and Hearing Requests

    Under section 408(g) of FFDCA, as amended by FQPA, any person may
file an objection to any aspect of this regulation and may also request
a hearing on those objections. The EPA procedural regulations which
govern the submission of objections and requests for hearings appear in
40 CFR part 178. Although the procedures in those regulations require
some modification to reflect the amendments made to FFDCA by FQPA, EPA
will continue to use those procedures, with appropriate adjustments,
until the necessary modifications can be made. The new section 408(g)
of FFDCA provides essentially the same process for persons to
``object'' to a regulation for an exemption from the requirement of a
tolerance issued by EPA under new section 408(d) of FFDCA, as was
provided in the old sections 408 and 409 of FFDCA. However, the period
for filing objections is now 60 days, rather than 30 days.

A. What Do I Need to Do to File an Objection or Request a Hearing?

    You must file your objection or request a hearing on this
regulation in accordance with the instructions provided in this unit
and in 40 CFR part 178. To ensure proper receipt by EPA, you must
identify docket ID number EPA-HQ-OPP-2005-0540 in the subject line on
the first page of your submission. All requests must be in writing, and
must be mailed or delivered to the Hearing Clerk on or before July 3,
2006.
    1. Filing the request. Your objection must specify the specific
provisions in the regulation that you object to, and the grounds for
the objections (40 CFR 178.25). 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 such issues, and a
summary of any evidence relied upon by the objector (40 CFR 178.27).
Information submitted in connection with an objetion or hearing request
may be claimed confidential by marking any part or all of that
information as CBI. Information so marked will not be disclosed except
in accordance with procedures set forth in 40 CFR part 2. A copy of the
information that does not contain CBI must be submitted for inclusion
in the public record. Information not marked confidential may be
disclosed publicly by EPA without prior notice.
    Mail your written request to: Office of the Hearing Clerk (1900L),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001. You may also deliver your request to the
Office of the Hearing Clerk in Suite 350, 1099 14th St., NW.,
Washington, DC 20005. The Office of the Hearing Clerk is open from 8
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Office of the Hearing Clerk is<PHONE_NUMBER>.
    2. Copies for the Docket. In addition to filing an objection or
hearing request with the Hearing Clerk as described in Unit VI.A., you
should also send a copy of your request to the PIRIB for its inclusion
in the official record that is described in ADDRESSES. Mail your
copies, identified by docket ID number EPA-HQ-OPP-2005-0540, to: Public
Information and Records Integrity Branch, Information Technology and
Resource Management Division (7502C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001. In person or by courier, bring a copy to the
location of the PIRIB described in ADDRESSES.

B. When Will the Agency Grant a Request for a Hearing?

    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).

VII. Statutory and Executive Order Reviews

    This final rule establishes a tolerance under section 408(d) of
FFDCA in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993). Because this rule has been
exempted from review under Executive Order 12866 due to its lack of
significance, this rule is not subject to Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 22, 2001). This final rule does
not contain any information collections subject to OMB approval under
the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., or impose
any enforceable duty or contain any unfunded mandate as described under
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law
104-4). Nor does it require any special considerations under Executive
Order 12898, entitled Federal Actions to Address Environmental Justice
in Minority Populations and Low-Income Populations (59 FR 7629,
February 16, 1994); or OMB review or any Agency action under Executive
Order 13045, entitled Protection of Children from Environmental Health
Risks and Safety Risks (62 FR 19885, April 23, 1997). This action does
not involve any technical standards that would require Agency
consideration of voluntary consensus standards pursuant to section
12(d) of the National Technology Transfer and Advancement Act of 1995
(NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 note). Since
tolerances and exemptions that are established on the basis of a
petition under section 408(d) of FFDCA, such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply. In addition, the Agency has determined that this
action will not have a substantial direct effect on 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, as specified in Executive Order 13132, entitled Federalism
(64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive order to include regulations
that have ``substantial direct effects 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.'' This final rule directly regulates growers, food
processors, food handlers and food retailers, not States. This action
does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. For these same reasons, the Agency has
determined that this rule does not have any ``tribal implications'' as
described in Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (65 FR 67249, November 6,
2000). Executive Order 13175, requires EPA to develop an accountable
process to ensure ``meaningful and timely input by tribal officials in
the development of regulatory policies that have tribal implications.''
``Policies that have tribal implications'' is defined in the Executive
order to include regulations that have ``substantial direct effects on
one or more Indian tribes, on the relationship between the Federal
Government and the Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.''
This rule will not have substantial direct effects on tribal
governments, 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, as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this rule.

VIII. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of this final rule in the Federal Register. This final
rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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

    Dated: April 25, 2006.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. Section 180.507 is amended by deleting the entries for ``Herb
subgroup 19A, dried, except chive,'' and ``Herb subgroup 19A, fresh,
except chive,'' and by alphabetically adding the following commodities
to the table in paragraph (a) to read as follows:

Sec.  180.507   Azoxystrobin.

    (a) * * *

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
                                * * * * *
Crambe, seed.........................................                0.5
                                * * * * *
Flax, seed...........................................                0.5
                                * * * * *
Herb Subgroup 19A, dried leaves......................                260
Herb Subgroup 19A, fresh leaves......................                 50
                                * * * * *
Mustard, field, seed.................................                0.5
Mustard, Indian, seed................................                0.5
Mustard, seed........................................                0.5
                                * * * * *
Rapeseed, Indian.....................................                0.5
Rapeseed, seed.......................................                0.5
                                * * * * *
Safflower, seed......................................                0.5
                                * * * * *
Spice Subgroup 19B, except black pepper..............                 38
                                * * * * *
Sunflower, seed......................................                0.5
                                * * * * *
------------------------------------------------------------------------

* * * * *

[FR Doc. 06-4157 Filed 5-2-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 88, Number 74 (Tuesday, April 18, 2023)]
[Proposed Rules]
[Pages 23593-23595]
[FR Doc No: 2023-08175]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-0955; Airspace Docket No. 22-AGL-37]
RIN 2120-AA66

Revocation of VOR Federal Airway V-456 and Mankato, MN, Low
Altitude Reporting Point; Mankato, MN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to revoke Very High Frequency (VHF)
Omnidirectional Range (VOR) Federal airway V-456 and the Mankato, MN,
Low Altitude Reporting Point. The FAA is proposing this action due to
the planned decommissioning of the VOR portion of the Mankato, MN
(MKT), VOR/Distance Measuring Equipment (VOR/DME) navigational aid
(NAVAID). The Mankato VOR is being decommissioned in support of the
FAA's VOR Minimum Operational Network (MON) program.

DATES: Comments must be received on or before June 2, 2023.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-0955 and
Airspace Docket No. 22-AGL-37 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow
the online instructions for sending your comments electronically.
    * Mail: Send comments to Docket Operations, M-30; U.S. Department
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West
Building Ground Floor, Washington, DC 20590-0001.
    * Hand Delivery or Courier: Take comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
    * Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Docket: Background documents or comments received may be read at
www.regulations.gov at any time. Follow the online instructions for
accessing the docket or go to the Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    FAA Order JO 7400.11G, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

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

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code.

Subtitle I, Section 106 describes the authority of the FAA
Administrator. Subtitle VII, Aviation Programs, describes in more
detail the scope of the agency's authority. This rulemaking is
promulgated under the authority described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that section, the FAA is charged with
prescribing regulations to assign the use of the airspace necessary to
ensure the safety of aircraft and the efficient use of airspace. This
regulation is within the scope of that authority as it would modify the
National Airspace System (NAS) as necessary to preserve the safe and
efficient flow of air traffic.

Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal. The most
helpful comments reference a specific portion of the proposal, explain
the reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should submit only one time if comments are filed electronically, or
commenters should send only one copy of written comments if comments
are filed in writing.
    The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or delay. The FAA may change this proposal in light
of the comments it receives.
    Privacy: 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.dot.gov/privacy.

Availability of Rulemaking Documents

    An electronic copy of this document may be downloaded through the
internet at www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at
www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Operations office (see ADDRESSES section for address, phone number, and
hours of operations). An informal docket may also be examined during
normal business hours at the office of the Operations Support Group,
Central Service Center, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177.

Incorporation by Reference

    VOR Federal airways are published in paragraph 6010(a) and Domestic
Low Altitude Reporting Points are published in paragraph 7001 of FAA
Order JO 7400.11, Airspace Designations and Reporting Points, which is
incorporated by reference in 14 CFR 71.1 on an annual basis. This
document proposes to amend the current version of that order, FAA Order
JO 7400.11G, dated August 19, 2022, and effective September 15, 2022.
These updates would be published in the next update to FAA Order JO
7400.11. That order is publicly available as listed in the ADDRESSES
section of this document.
    FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

Background

    The FAA is planning to decommission the VOR portion of the Mankato,
MN, VOR/DME in November 2023. The Mankato VOR is one of the candidate
VORs identified for discontinuance by the FAA's VOR MON program and
listed in the Final policy statement notice, ``Provision of Navigation
Services for the Next Generation Air Transportation System (NextGen)
Transition to Performance-Based Navigation (PBN) (Plan for Establishing
a VOR Minimum Operational Network),'' published in the Federal Register
on July 26, 2016 (81 FR 48694), Docket No. FAA-2011-1082.
    Although the VOR portion of the Mankato VOR/DME NAVAID is planned
for decommissioning, the co-located DME portion of the NAVAID is being
retained to support NextGen PBN flight procedure requirements.
    The VOR Federal airway and reporting point affected by the planned
Mankato, MN, VOR decommissioning are V-456 and the Mankato, MN, low
altitude reporting point. With the planned decommissioning of the
Mankato VOR, the remaining ground-based NAVAID coverage in the area is
insufficient to enable the continuity of V-456. As such, V-456 and the
Mankato low altitude reporting point are proposed to be revoked.
    To address these proposed revocations, instrument flight rules
(IFR) traffic could use adjacent VOR Federal airways V-24, V-26, V-398,
and V-505 or receive air traffic control (ATC) radar vectors to fly
around or through the affected area. Additionally, pilots equipped with
RNAV capabilities could use Area Navigation (RNAV) route T-400 or
navigate point to point using the existing fixes that would remain in
place to support continued operations though the affected area. Visual
flight rules (VFR) pilots who elect to navigate via the affected VOR
Federal airways could also take advantage of the adjacent ATS routes or
ATC services listed previously.

The Proposal

    The FAA is proposing to amend 14 CFR part 71 by revoking VOR
Federal airway V-456 and the Mankato, MN, low altitude reporting point.
The VOR Federal airway and low altitude reporting point revocations are
due to the planned decommissioning of the Mankato, MN, VOR. The
proposed airway and low altitude reporting point actions are described
below.
    V-456: V-456 currently extends between the Mankato, MN, VOR/DME and
the Flying Cloud, MN, VOR/DME NAVAIDs. The FAA proposes to remove the
airway in its entirety.
    Mankato, MN: The FAA proposes to remove the Mankato, MN, low
altitude reporting point as it would no longer be required by ATC due
to the Mankato VOR being decommissioned.

Regulatory Notices and Analyses

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

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures,'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 6010(a) Domestic VOR Federal Airways.

* * * * *

V-456 [Removed]

* * * * *

Paragraph 7001 Domestic Low Altitude Reporting Points.

* * * * *

Mankato, MN [Removed]

* * * * *

    Issued in Washington, DC, on April 12, 2023.
Brian Konie,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-08175 Filed 4-17-23; 8:45 am]
BILLING CODE 4910-13-P