[Federal Register Volume 88, Number 20 (Tuesday, January 31, 2023)]
[Notices]
[Page 6307]
[FR Doc No: 2023-01896]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4680-DR; Docket ID FEMA-2022-0001]

Florida; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Florida (FEMA-4680-DR), dated December 13,
2022, and related determinations.

DATES: The declaration was issued December 13, 2022.

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: Notice is hereby given that, in a letter
dated December 13, 2022, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of Florida resulting from Hurricane Nicole during the period of
November 7 to November 30, 2022, is of sufficient severity and
magnitude to warrant a major disaster declaration under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121 et seq. (the ``Stafford Act''). Therefore, I declare that such
a major disaster exists in the State of Florida.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance and Public
Assistance in the designated areas and Hazard Mitigation throughout
the State. Consistent with the requirement that Federal assistance
be supplemental, any Federal funds provided under the Stafford Act
for Public Assistance, Hazard Mitigation, and Other Needs Assistance
under section 408 will be limited to 75 percent of the total
eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The time period prescribed for the implementation of section
310(a), Priority to Certain Applications for Public Facility and Public
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed
six months after the date of this declaration.
    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Thomas J. McCool, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Florida have been designated as
adversely affected by this major disaster:

    Brevard, Flagler, Lake, Putnam, St. Johns, and Volusia Counties
for Individual Assistance.
    Brevard, Duval, Flagler, Indian River, Martin, Nassau, Palm
Beach, St. Johns, St. Lucie, and Volusia Counties for Public
Assistance.
    All areas within the State of Florida are eligible for
assistance under the Hazard Mitigation Grant Program.

    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.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-01896 Filed 1-30-23; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 85, Number 168 (Friday, August 28, 2020)]
[Notices]
[Pages 53436-53438]
[FR Doc No: 2020-18906]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2020-0020; Notice 1]

Hankook Tire America Corporation, Receipt of Petition for
Decision of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Receipt of petition.

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SUMMARY: Hankook Tire America Corporation (Hankook) has determined that
certain Hankook Dynapro MT2 tires, do not fully comply with Federal
Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Radial
Tires for Light Vehicles. Hankook filed a noncompliance report dated
February 19, 2020, and subsequently petitioned NHTSA on March 11, 2020,
for a decision that the subject noncompliance is inconsequential as it
relates to motor vehicle safety. This notice announces receipt of
Hankook's petition.

DATES: Send comments on or before September 28, 2020.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and may be
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.
     Hand Delivery: Deliver comments by hand to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m.
except for Federal Holidays.
     Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
     Comments may also be faxed to<PHONE_NUMBER>.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov/, including any personal information
provided.
    All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
    When the petitions are granted or denied, notice of the decisions
will also be published in the Federal Register pursuant to the
authority indicated at the end of this notice.
    All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000 (65 FR 19477-78).

SUPPLEMENTARY INFORMATION:

I. Overview

    Hankook has determined that certain Hankook Dynapro MT2 tires, do
not fully comply with paragraph S5.5(f) of FMVSS No. 139, New pneumatic
radial tires for light vehicles (49 CFR 571.139).
    Hankook filed a noncompliance report dated February 19, 2020,
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility
and Reports, and subsequently petitioned NHTSA on March 11, 2020, for
an exemption from the notification and remedy requirements of 49 U.S.C.
Chapter 301 on the basis that this noncompliance is inconsequential as
it relates to motor vehicle safety, pursuant to 49 U.S.C. 30118(d) and
30120(h) and 49 CFR part 556, Exemption for Inconsequential Defect or
Noncompliance.
    This notice of receipt of Hankook's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.

II. Tires Involved

    Approximately 175 Hankook Dynapro MT2 tires, size LT215/85R16,
manufactured between October 20, 2019, and November 30, 2019, are
potentially involved.

III. Noncompliance

    Hankook explains that the noncompliance is that the subject tires
were marked with the incorrect number of nylon plies in the tread; and,
therefore, do not meet the requirements of paragraph S5.5(f) of FMVSS
No. 139. Specifically, the tires were marked ``TREAD 2 STEEL + 2
POLYESTER + 1 NYLON; SIDEWALL 2 POLYESTER'', when they should have been
marked ``TREAD 2 STEEL + 2 POLYESTER + 2 NYLON; SIDEWALL 2 POLYESTER.''

IV. Rule Requirements

    Paragraph S5.5(f) of FMVSS No. 139, includes the requirements
relevant to this petition. Each tire must be marked on one sidewall
with the actual number of plies in the sidewall and the actual number
of plies in the tread area, if different, as specified in paragraph
S5.5(f).

V. Summary of Hankook's Petition

    The following views and arguments presented in this section, V.
Summary of Hankook's Petition, are the views and arguments provided by
Hankook. The arguments presented by Hankook have not been evaluated by
the Agency and do not reflect the views of the Agency. The petitioner
described the subject noncompliance and stated their belief that the
noncompliance is inconsequential as it relates to motor vehicle safety.
    In support of its petition, Hankook submitted the following
reasoning:
    1. Hankook cited the definition of motor vehicle safety as cited in
the National Traffic and Motor Vehicle Safety Act of 1966, saying that
there are cases where a vehicle fails to meet the requirements of a
safety standard, yet the impact on motor vehicle safety is so slight
that an exemption from the notice and remedy requirements of the Safety
Act is justified. Hankook also cited NHTSA as saying that the ``true
measure of inconsequentiality to motor vehicle safety'' for a tire
labeling error is that the noncompliance has no effect on the
operational safety of vehicles on which the tires are mounted. See
Goodyear Tire & Rubber Company, Grant of Petition for Decision of
Inconsequential Noncompliance, 74 FR l0804 (March 12, 2009). In
evaluating the effect on motor vehicle safety, Hankook says that NHTSA
looks to the ``specific facts before it in a particular petition.'' See
BMW of North America, LLC; Jaguar Land Rover North America, LLC; and
Autoliv, Inc.; Decisions of Petitions for Inconsequential
Noncompliance, 84 FR 19994 (May 7, 2019) (citing General Motors, LLC.,
Grant of Petition for Decision of Inconsequential Noncompliance, 81 FR
92963 (December 20, 2016).
    2. Hankook states that for labeling and marking requirements, NHTSA
looks to the underlying safety purpose of the labeling and what effect
the reported noncompliance would have on consumers. ``Where a
manufacturer has shown that the discrepancy with the safety requirement
is unlikely to lead to any misunderstanding, NHTSA has granted an
inconsequentiality exemption, especially where other sources of correct
information are available.'' See 84 FR 19997; see also 69 FR 19897
(April 14, 2004) (stating that the relevant consideration in evaluating
an inconsequentiality petition is ``whether an occupant who is affected
by the noncompliance is likely to be exposed to a significantly greater
risk than an occupant in a compliant vehicle'').
    3. Hankook says that the noncompliance involves new pneumatic
radial tires used on passenger vehicles that incorrectly list the
``actual number of plies in the sidewall, and the actual number of
plies in the tread area.'' See 49 CFR 571.139 (FMVSS No. 139) S5.5(f).
The incorrect ply labeling information does not affect the operational
safety of vehicles on which the tires are mounted. The tires meet or
exceed the performance requirements of FMVSS No. 139, and they
otherwise comply with the labeling and performance requirements of
FMVSS No. 139. In addition, Hankook is not aware of any warranty
claims, field reports, customer complaints, or any incidents,
accidents, or injuries related to the subject condition.
    4. Hankook states NHTSA has granted numerous petitions for
inconsequential noncompliance related to mislabeling the ply
information. See Bridgestone Americas Tire Operations, LLC, Grant of
Petition for Decision of Inconsequential Noncompliance, 78 FR 47049
(August 2, 2013); Hankook Tire America Corp, Grant of Petition for
Decision of Inconsequential Noncompliance 79 FR 30688 (May 28, 2014);
and Nitto Tire U.S.A., Inc., Grant of Petition for Decision of
Inconsequential Noncompliance, 81 FR 17764 (March 30, 2016). In
granting petitions related to incorrect ply information, the Agency has
explained that, ``[a]lthough tire construction affects the strength and
durability of tires, neither the Agency nor the tire industry provides
information relating tire strength and durability to the number of
plies and types of ply cord material in the tread sidewall.'' See
Continental Tire the Americas, LLC, Grant of Petition for Decision of
Inconsequential Noncompliance, 83 FR 36668 (July 30, 2018).
    5. Hankook goes on to say that following passage of the
Transportation Recall, Enhancement, Accountability, and Documentation
(TREAD Act) (Pub. L. 106-414), NHTSA looked closely at the impact tire
labeling had on users. After collecting comments to an Advanced Notice
of Proposed Rulemaking and obtaining information from consumer focus
groups, the Agency concluded that ``it is likely that few consumers
have been influenced by the tire construction information (number of
plies and cord material in the sidewall and tread plies) provided on
the tire label when deciding to buy a motor vehicle or tire.'' See
Cooper Tire & Rubber Company Grant of Petition for Decision of
Inconsequential Noncompliance, 70 FR 53711 (September 9, 2005); see
also Michelin North America, Inc., Grant of Petition for Decision of
Inconsequential Noncompliance, 69 FR 52064 (August 24, 2004). Based on
these findings, NHTSA determined that ``most consumers do not base tire
purchases and vehicle operation parameters on the number of plies in
the tire.'' See Hankook Tire America, Corp., Grant of Petition for
Decision of Inconsequential Noncompliance, 69 FR 12196 (March. 15,
2004).
    6. Hankook asserts that in consideration of the impact on the tire
retread, repair, and recycling industries, NHTSA has concluded that the
``use of steel cord construction in the sidewall and tread is the
primary safety concern of these industries,'' and that this concern is
not present when the tire is correctly marked with the number of steel
plies. See Michelin North America, Inc., Grant of Petition for Decision
of Inconsequential Noncompliance, 75 FR 17828 (April 7, 2010).
    7. Hankook states that based on these factors, NHTSA has routinely
concluded that mislabeling the number of plies is inconsequential to
vehicle safety. See Continental Tire North America, Grant of Petition
for Decision of Inconsequential Noncompliance, 72 FR 5494 (February 6,
2007); Goodyear Tire & Rubber Company, Grant of Petition for Decision
of Inconsequential Noncompliance, 74 FR 10804 (March 12, 2009); Cooper
Tire & Rubber Company, Grant of Petition for Decision of
Inconsequential Noncompliance, 78 FR 47050 (August 2, 2013); and
Sumitomo Rubber Industries, Ltd., Grant of Petition for Decision of
Inconsequential Noncompliance, 83 FR 13002 (March 26, 2018).
    8. Hankook believes the same reasoning applies to the subject
tires. Mislabeling the number of nylon plies does not affect the
operational safety of the vehicles. Further, the subject Hankook tires
correctly label the number of steel plies, alleviating the safety
concern for the tire retread, repair, and recycling industries.
    Hankook concluded by expressing the belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety,
and that its petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
noncompliance, as required by 49 U.S.C. 30120, should be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and

30120, respectively, to notify owners, purchasers, and dealers of a
defect or noncompliance and to remedy the defect or noncompliance.
Therefore, any decision on this petition only applies to the subject
tires that Hankook no longer controlled at the time it determined that
the noncompliance existed.
    However, any decision on this petition does not relieve equipment
distributors and dealers of the prohibitions on the sale, offer for
sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant tires under their control after Hankook
notified them that the subject noncompliance existed.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8.

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2020-18906 Filed 8-27-20; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 87, Number 87 (Thursday, May 5, 2022)]
[Notices]
[Page 26800]
[FR Doc No: 2022-09603]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2006-24216]

Petition for Extension of Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on March 31, 2022, the
Sacramento Regional Transit District (SRTD) petitioned the Federal
Railroad Administration (FRA) for an extension of a waiver of
compliance from certain provisions of the Federal railroad safety
regulations contained at 49 CFR parts 222, Use of Locomotive Horns at
Public Highway-Rail Grade Crossings; 229, Railroad Locomotive Safety
Standards; and 234, Grade Crossing Safety. The relevant FRA Docket
Number is FRA-2006-24216.
    Specifically, SRTD requests a waiver extension from 49 CFR part
222; Sec.  229.125, Headlights and auxiliary lights; and Sec.
234.105(c)(3), Activation failure, for its rail fixed guideway public
transit system that shares limited connections in corridors with Union
Pacific Railroad (UP). The relief from part 222 would apply to 17
highway-rail grade crossings SRTD shares with UP on SRTD's Gold Line.
The relief from Sec.  229.125 and Sec.  234.105(c)(3) would apply to
all crossings SRTD shares with UP on the SRTD Blue and Gold lines. STRD
adds that, in August 2022, it will be receiving 28 of 76 new low-floor
light rail vehicles from Siemens Mobility Inc., to replace its fleet of
Siemens vehicles. SRTD states that it believes the waiver extension is
consistent with railroad safety.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted at http://www.regulations.gov. Follow the online instructions for submitting
comments.
    Communications received by June 21, 2022 will be considered by FRA
before final action is taken. Comments received after that date will be
considered if practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), the U.S. Department of Transportation (DOT)
solicits comments from the public to better inform its processes. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacy-notice for the privacy notice of
regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2022-09603 Filed 5-4-22; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 87, Number 221 (Thursday, November 17, 2022)]
[Proposed Rules]
[Pages 68959-68960]
[FR Doc No: 2022-25071]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2020-0053; FRL-9410-07-OCSPP]

Receipt of a Pesticide Petition Filed for Residues of Pesticide
Chemicals in or on Various Commodities October 2022

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of filing of petition and request for comment.

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SUMMARY: This document announces the Agency's receipt of an initial
filing of a pesticide petition requesting the establishment or
modification of regulations for residues of pesticide chemicals in or
on various commodities.

DATES: Comments must be received on or before December 19, 2022.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2020-0053, through the Federal eRulemaking
Portal at https://www.regulations.gov. Follow the online instructions
for submitting comments. Do not submit electronically any information
you consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Additional
instructions on commenting and visiting the docket, along with more
information about dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Dan Rosenblatt, Registration Division
(RD) (7505T), main telephone number:<PHONE_NUMBER>, email address:
[email protected]. The mailing address is Office of Pesticide
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460-0001. As part of the mailing address, include the
contact person's name, division, and mail code.

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.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at https://www.epa.gov/dockets/commenting-epa-dockets.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low-income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.

II. What action is the Agency taking?

    EPA is announcing receipt of a pesticide petition filed under
section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a, requesting the establishment or modification of
regulations in 40 CFR part 180 for residues of pesticide chemicals in
or on various food commodities. The Agency is taking public comment on
the request before responding to the petitioner. EPA is not proposing
any particular action at this time. EPA has determined that the
pesticide petition described in this document contains data or
information prescribed in FFDCA section 408(d)(2), 21 U.S.C.
346a(d)(2); however, EPA has not fully evaluated the sufficiency of the
submitted data at this time or whether the data supports granting of
the pesticide petition. After considering the public comments, EPA
intends to evaluate whether and what action may be warranted.
Additional data may be needed before EPA can make a final determination
on this pesticide petition.
    Pursuant to 40 CFR 180.7(f), a summary of the petition that is the
subject of this document, prepared by the petitioner, is included in a
docket EPA has created for this rulemaking. The docket for this
petition is available at https://www.regulations.gov.
    As specified in FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), EPA
is publishing notice of the petition so that the public has an
opportunity to comment on this request for the establishment or
modification of regulations for residues of pesticides in or on food
commodities. Further information on the petition may be obtained
through the petition summary referenced in this unit.

A. Notice of Filing--Amended Tolerance Exemptions for Inerts (Except
PIPS)

    PP IN-11655. EPA-HQ-OPP-2022-0850. Corteva Agriscience, 9330
Zionsville Road, Indianapolis, IN 46268, requests to amend the
tolerance descriptor under 40 CFR 180.560 for residues of cloquintocet-
mexyl acetic acid, 5-chloro-8-quniolinyl oxy-, 1-methylhexyl ester (CAS
Reg. No. 99607-70-2) and its acid metabolite 5-chloro-8-
quinlinoxyacetic acid under 40 CFR 180.560, to include the use of these
chemicals in combination with the active ingredient, tolpyralate. This
action will not change the magnitude of the residues already
established for this safener, but instead would now permit its use in
combination with the active ingredient tolpyralate. Adequate
enforcement methodologies have already been published in the Federal
Register on June 29, 2011 (76 FR 38035) (FRL-8877-2). The two
enforcement methods available are: High performance liquid
chromatography with ultraviolet detection (HPLC-UV) method REM 138.01
for the determination of cloquintocet-mexyl parent and the HPLC-UV
method REM 138.10, which allows for determination of its acid
metabolite. Contact: RD

B. New Tolerance Exemptions for Inerts (Except PIPS)

    1. PP IN-11699. EPA-HQ-OPP-2022-0844. Ingredion Incorporated, 5
Westbrook Corporate Center, Westchester, IL 60154, requests to

establish an exemption from the requirement of a tolerance for residues
of dextrin, hydrogen 1-octenylbutanedioate (CAS Reg. No. 68070-94-0),
when used as an inert ingredient in pesticide formulations under 40 CFR
180.920 for use as a seed treatment only. The petitioner believes no
analytical method is needed because it is not required for an exemption
from the requirement of a tolerance. Contact: RD
    2. PP IN-11696. EPA-HQ-OPP-2022-0848. Rosen's Inc., 700 SW 291 Hwy,
Suite 204, Liberty, MO 64068, requests to establish an exemption from
the requirement of a tolerance for residues of the inert ingredient
potassium polyaspartate (CAS Reg. No. 64723-18-8) when used as a
complexing agent at no more than 10% in pesticide formulations under 40
CFR 180.920. The petitioner believes no analytical method is needed
because it is not required for an exemption from the requirement of a
tolerance. Contact: RD
    3. PP IN-11715. EPA-HQ-OPP-2022-0841. Ingredion Incorporated, 5
Westbrook Corporate Center, Westchester, IL 60154, requests to
establish an exemption from the requirement of a tolerance for residues
of amylopectin, 2-hydroxypropyl ether, acid-hydrolyzed (CAS Reg. No.
2756130-86-4), when used as an inert ingredient in pesticide
formulations under 40 CFR 180.920 for use as a seed treatment only. The
petitioner believes no analytical method is needed because it is not
required for an exemption from the requirement of a tolerance. Contact:
RD

C. New Tolerances for Non-Inerts

    1. PP 1E8951. EPA-HQ-OPP-2021-0658. Interregional Research Project
Number 4, IR-4, IR-4 Project Headquarters, North Carolina State
University, 1730 Varsity Drive, Venture IV, Suite 210, Raleigh, NC
27606, requests to establish a tolerance in 40 CFR 180.658 for residues
of penthiopyrad N-2-1,3-dimethylbutyl-3-thienyl-1-methyl-3-
trifluoromethyl-1H-pyrazole-4-carboxamide including its metabolites and
degradates, in or on banana at 2 parts per million (ppm). A high-
performance liquid chromatography method with tandem mass spectrometry
(LC-MS/MS) detection, is used to measure and evaluate the chemical.
Contact: RD.
    2. PP 0F8890. EPA-HQ-OPP-2021-0529. Syngenta Crop Protection, LLC,
410 Swing Road, P.O. Box 18300, Greensboro, NC 27410, requests to
establish a tolerance in 40 CFR part 180 for inadvertent residues of
the fluazifop-p-butyl metabolite 5-Trifluoromethyl-2-Pyridone TFP in or
on corn forage and grain at 0.01 ppm and corn stover at 0.015 ppm. The
methods GRM044.09A, MRMT Multi Residue Method Test using QuEChERS, ILV,
and Radiovalidation of GRM044.09A are used to measure and evaluate the
chemical fluazifop-p-butyl metabolite TFP. Contact: RD.
    3. PP 1F8979. EPA-HQ-OPP-2022-0452. Gowan Company, LLC., 370 South
Main Street, Yuma, AZ 85364, requests to establish a tolerance in 40
CFR part 180 for residues of the miticide acynonapyr, 3-endo-2-propoxy-
4-trifluoromethyl phenoxy-9-5-trifluoromethyl-2-pyridyloxy-9-azabicyclo
3.3.1 nonane and its metabolites AP, 3-endo-2-propoxy-4-trifluoromethyl
phenoxy-9-azabicyclo 3.3.1 nonane, and AY, 5-trifluoromethyl-2-
pyridinol in or on almond at 0.03 ppm; almond, hulls at 4.0 ppm; crop
group 10-10; citrus fruits at 0.3 ppm; citrus, oil at 15.0 ppm; orange,
dried pulp at 0.7 ppm; grape at 0.6 ppm; raisins at 3.0 ppm; hops at
50.0 ppm; crop group 11-10, pome fruits at 0.2 ppm; and apple, wet
pomace at 0.4 ppm. LC-MS/MS detection is used to measure and evaluate
the chemical acynonapyr and its metabolites AP, AP-2, AY, AY-3, and AY-
1-Glc. Contact: RD.

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

    Dated: November 8, 2022.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Pesticide Programs.
[FR Doc. 2022-25071 Filed 11-16-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: June 22, 2006 (Volume 71, Number 120)]
[Proposed Rules]
[Page 35857-35858]
[DOCID:fr22jn06-35]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-8186-6]

National Oil and Hazardous Substance Pollution Contingency Plan
National Priorities List Update

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete the Dixie Oil Processors, Inc.
Superfund Site from the National Priorities List.

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

SUMMARY: The United States Environmental Protection Agency (EPA) Region
6 is issuing a notice of intent to delete the Dixie Oil Processors,
Inc. Superfund Site (Site), located in Friendswood, Texas, from the
National Priorities List (NPL). The NPL, promulgated pursuant to
section 105 of the Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA) of 1980, as amended, is appendix B of 40 CFR
part 300, which is the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP). The EPA and the State of Texas, through the
Texas Commission on Environmental Quality (TCEQ), have determined that
all appropriate response actions under CERCLA, other than operation and
maintenance and five-year reviews, have been completed. However, this
deletion does not preclude future actions under Superfund.
    In the ``Rules and Regulations'' Section of today's  Federal
Register, we are publishing a direct final notice of deletion of the
Dixie Oil Processors, Inc. Superfund Site without prior notice of
intent to delete because we view this as a noncontroversial revision
and anticipate no adverse comment. We have explained our reasons for
this deletion in the preamble to the direct final deletion. If we
receive no adverse comment(s) on this notice of intent to delete or the
direct final notice of deletion, we will not take further action on
this notice of intent to delete. If we receive adverse comment(s), we
will

withdraw the direct final notice of deletion and it will not take
effect. We will, as appropriate, address all public comments in a
subsequent final deletion notice based on this notice of intent to
delete. We will not institute a second comment period on this notice of
intent to delete. Any parties interested in commenting must do so at
this time. For additional information, see the direct final notice of
deletion which is located in the Rules section of this Federal
Register.

DATES: Comments concerning this Site must be received by July 24, 2006.

ADDRESSES: Written comments should be addressed to: Donn Walters,
Community Outreach Team, U.S. EPA Region 6 (6SF-PO), 1445 Ross Avenue,
Dallas, TX 75202-2733,<PHONE_NUMBER> or 1-800-533-3508
walters.donn@epa.gov).

FOR FURTHER INFORMATION CONTACT: John C. Meyer, Remedial Project
Manager (RPM), U.S. EPA Region 6 (6SF-LP), 1445 Ross Avenue, Dallas, TX
75202-2733,<PHONE_NUMBER> or 1-800-533-3508 (meyer.john@epa.gov).

SUPPLEMENTARY INFORMATION: For additional information, see the Direct
Final Notice of Deletion which is located in the Rules section of this
Federal Register.
    Information Repositories: Repositories have been established to
provide detailed information concerning this decision at the following
addresses: U.S. EPA Region 6 Library, 7th Floor, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733,<PHONE_NUMBER>, Monday through
Friday 9 a.m. to 12 p.m. and 1 p.m. to 4 p.m.; San Jacinto College,
South Campus Library, 13735 Beamer Road, Houston, Texas, 77089, (281)
992-3416, Monday through Thursday 8 a.m. to 9 p.m.; Friday 8 a.m. to 3
p.m.; Saturday 10 a.m. to 1 p.m.; Texas Commission on Environmental
Quality (TCEQ), Central File Room Customer Service Center, Building E,
12100 Park 35 Circle, Austin, Texas, 78753,<PHONE_NUMBER>, Monday
through Friday 8 a.m. to 5 p.m.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous substances, Hazardous waste, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.

    Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR
2923, 3 CFR, 1987 Comp., p. 193.

    Dated: May 5, 2006.
Lawrence E. Starfield,
Deputy Regional Administrator, Region 6.
 [FR Doc. E6-9747 Filed 6-21-06; 8:45 am]

BILLING CODE 6560-50-P


October 12, 2011

BY EMAIL

   Lisa A. Biddle
   United States Environmental Protection Agency
   Office of Water (4100T)
   1200 Pennsylvania Avenue, N.W.
   Washington, D.C. 20460

      Re: 	Proposed National Pollutant Discharge Elimination System Rule for Cooling Water Intake Structures at Existing Facilities and Phase I Facilities, Docket ID No. EPA-HQ-OW-2008-0667

Ms. Biddle:

Enclosed please find the October 2004 - October 2005 actual impingement data (raw) for species, with daily creel limits for recreational fishermen, collected at Alabama Power Company's ("Alabama Power") Electric Generating Plants.  You requested the data in a September 26, 2011 email to me and my colleagues in response to Alabama Power's August 18, 2011 comment letter to the above-referenced proposed rule.  The data was collected every two weeks during 25 separate 24 hour (daily) events at each facility's intake structure for a period of one year.
Species
                                 Barry Intake
                               Greene Co. Intake
                                 Gorgas Intake
                                    Gadsden
                                    Gaston

                                   Unit 1-3
                                   Unit 4-5
                                   Unit 1-2
                                   Unit 6-7
                                   Unit 8-10
                                   Unit 1-2
                                   Unit 1-5
Paddlefish
                                       7
                                      54
                                       0
                                       0
                                       1
                                       0
                                       0
Alligator Gar
                                       1
                                       1
                                       0
                                       0
                                       0
                                       0
                                       0
White, Yellow, or Striped Basses
                                      78
                                      36
                                       3
                                       6
                                      92
                                       1
                                      14
Black Basses
                                      15
                                      58
                                       3
                                       1
                                      14
                                       0
                                       1
Bream
                                      161
                                      147
                                      64
                                      26
                                      62
                                      13
                                      63
Crappie
                                      653
                                     1702
                                       6
                                       2
                                      12
                                       0
                                       1

In its August 18 letter, Alabama Power requested that the Environmental Protection Agency ("EPA") establish a de minimis exception to its annual (12 percent) and monthly (31 percent) impingement mortality ("IM") numeric standards to prevent facilities that have already achieved reduced IM levels from being penalized over small quantities of IM instances.  Alabama Power referenced state creel limits to illustrate that, in some instances, regulated facilities are impinging certain species of fish at a rate less than one recreational fisherman is allowed to take from Alabama waters for a given year.  Alabama Power made the comparison with annual estimates derived from the raw data above.  Alabama Power maintains that this illustration is compelling and supports the establishment of a de minimis exception to the percentage IM standards.  However, Alabama Power is not advocating that any such de minimis exception for recreational fish or other impingible organisms be based on any state's creel limits.  Should EPA determine that a de minimis exception should be established -- which it should -- Alabama Power would like the chance to provide additional comments or help the agency develop that standard.
Thank you for requesting this additional information and for your consideration of Alabama Power's August 18, 2011 comments on the above-referenced proposed rule.  Should you have any questions regarding the enclosed data or another matter, please feel free to contact Charles Stover (cmstover@southernco.com), Tim George (tgeorge@southernco.com), or me.
Sincerely,

Mike Godfrey, Manager
Environmental Compliance
<EMAIL_ADDRESS>