[Federal Register: December 21, 2007 (Volume 72, Number 245)]
[Rules and Regulations]
[Page 72622-72626]
[DOCID:fr21de07-10]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2007-0029; FRL-8342-3]

Glufosinate-ammonium; Pesticide Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation modifies the tolerances for the combined
residues of glufosinate-ammonium and its metabolites expressed as
butanoic acid in or on raw agricultural commodities. Bayer CropScience
LLC requested this revision under the Federal Food, Drug, and Cosmetic
Act (FFDCA).

DATES: This regulation is effective December 21, 2007. Objections and
requests for hearings must be received on or before February 19, 2008
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2007-0029. To access the
electronic docket, go to http://www.regulations.gov, select ``Advanced

Search,'' then ``Docket Search.'' Insert the docket ID number where
indicated and select the ``Submit'' button. Follow the instructions on
the regulations.gov website to view the docket index or access
available documents. All documents in the docket are listed in the
docket index available in regulations.gov. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available in the electronic docket at http://www.regulations.gov, or,

if only available in hard copy, at the OPP Regulatory Public Docket in
Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr.,
Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays. The Docket Facility
telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Kathryn V. Montague, Registration
Division (7505P), 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 those
engaged in the following activities:
     Crop production (NAICS code 111), e.g., agricultural
workers; greenhouse, nursery, and floriculture workers; farmers.
     Animal production (NAICS code 112), e.g., cattle ranchers
and farmers, dairy cattle farmers, livestock farmers.
     Food manufacturing (NAICS code 311), e.g., agricultural
workers; farmers; greenhouse, nursery, and floriculture workers;
ranchers; pesticide applicators.
     Pesticide manufacturing (NAICS code 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 to
provide 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?

    In addition to accessing an electronic copy of this Federal
Register document through the electronic docket at http://www.regulations.gov
, you may access this Federal Register document

electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr. You may also access a

frequently updated electronic version of EPA's tolerance regulations at
40 CFR part 180 through the Government Printing Office's pilot e-CFR
site at http://www.gpoaccess.gov/ecfr.

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of FFDCA, any person may file an objection to
any aspect of this regulation and may also request a hearing on those
objections. You must file your objection or request a hearing on this
regulation in accordance with the instructions provided in 40 CFR part
178. To ensure proper receipt by EPA, you must identify docket ID
number EPA-HQ-OPP-2007-0029 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 as required by 40 CFR part 178 on or
before February 19, 2008.
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit this copy, identified by docket ID number
EPA-HQ-OPP-2007-0029, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.

II. Petition for Tolerance

    In the Federal Register of February 28, 2007 (72 FR 9000) (FRL-
8115-5), 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 petition (PP
6F7161) by Bayer CropScience LLC, 2 T.W. Alexander Dr.,

Research Triangle Park, NC 27709. The petition requested that 40 CFR
180.473 be amended by establishing a tolerance for combined residues of
the herbicide, glufosinate-ammonium and its metabolites expressed as
butanoic acid, 2-amino-4-(hydroxymethylphosphinyl)-, monoammonium salt,
2-acetamido-4-methylphosphinico-butanoic acid and 3-methylphosphinico-
propionic acid (expressed as glufosinate free acid equivalents), in or
on raw agricultural commodities grain aspirated fractions at 25.0 parts
per million (ppm); non- transgenic canola, meal at 1.1 ppm; non-
transgenic canola, seed at 0.4 ppm; non- transgenic field corn, forage
at 4.0 ppm; non- transgenic field corn, grain at 0.2 ppm; non-
transgenic field corn, stover at 6.0 ppm; non- transgenic soybean, at
2.0 ppm; non-transgenic soybean, hulls at 5.0 ppm. That notice
referenced a summary of the petition prepared by Bayer CropScience LLC,
the registrant, which is available to the public in the docket, http://www.regulations.gov
.

     In the Federal Register of June 27, 2007 (72 FR 35237) (FRL-8133-
4), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21
U.S.C. 346a(d)(3), announcing the amendment to existing tolerances by
filing of a pesticide petition (PP 6F7161) by Bayer CropScience LLC, 2
T.W. Alexander Dr., Research Triangle Park, NC 27709. The petition
proposes to amend the tolerances in 40 CFR 180.473(a) to eliminate the
reference to transgenic crops tolerant to glufosinate ammonium in
Sec. 180.473(a)(2) such that the crop tolerances listed under
Sec. 180.473 (a) General, support uses in all of the crops listed to
include both conventional and transgenic crops and to delete
Sec. 180.473 (a)(1) and (a)(2). This notice clarifies the initial
notice of filing published in the Federal Register of February 28, 2007
(72 FR 9000) (FRL-8115-5). The tolerances for glufosinate-ammonium and
its metabolites listed for the commodities under both paragraphs (a)(1)
and paragraph (a)(2) are proposed to be placed in Sec. 180.473 (a)
General to read as follows: Tolerances are established for residues of
glufosinate-ammonium (butanoic acid, 2-amino-4-
(hydroxymethylphosphinyl)-monoammonium salt) and its metabolites
expressed as butanoic acid, 2-amino-4-(hydroxymethylphosphinyl)-,
monoammonium salt, 2-acetamido-4-methylphosphinico-butanoic acid and 3-
methylphosphinico-propionic acid expressed as glufosinate free acid
equivalents in or on the raw agricultural commodities: Almond, hulls at
0.50 ppm; apple at 0.05 ppm; grain aspirated fractions at 25.0 ppm;
banana at 0.30 ppm; banana, pulp at 0.20 ppm; beet, sugar, molasses at
5.0 ppm; beet, sugar, roots at 0.9 ppm; beet, sugar, tops at 1.5 ppm;
bushberry subgroup 13B at 0.15 ppm; canola, meal at 1.1 ppm; canola,
seed at 0.4 at ppm; cattle, fat at 0.40 ppm; cattle, meat at 0.15 ppm;
cattle, meat byproducts at 6.0 ppm; corn, field forage at 4.0 ppm;
corn, field, grain at 0.2 ppm; corn, field, stover at 6.0 ppm; cotton,
gin byproducts at 15 ppm; cotton, undelinted seed at 4.0 ppm; egg at
0.15 ppm; goat, fat at 0.40 ppm; goat, meat at 0.15 ppm; goat, meat
byproducts at 6.0 ppm; grape at 0.05 ppm; hog, fat at 0.40 ppm; hog,
meat at 0 .15; hog, meat byproducts at 6.0 ppm; horse, fat at 0.40 ppm;
horse, meat at 0.15 ppm; horse, meat byproducts at 6.0 ppm; Juneberry
0.10 ppm; lingonberry at 0.10 ppm; milk at 0.15 ppm; nut, tree, group
14 at 0.10 ppm; potato at 0.80 ppm; potato, chips at 1.60 ppm; potato
granules/flakes 2.00 ppm; poultry, fat 0.15 ppm; poultry, meat at 0.15
ppm; poultry, meat byproducts 0.60 ppm; rice, grain at 1.0 ppm; rice,
hull at 2.0 ppm; rice, straw at 2.0 ppm; salal at 0.10 ppm; sheep, fat
at 0.40 ppm; sheep, meat at 0.15 ppm; sheep, meat byproducts at 6.0
ppm; soybean at 2.0 ppm and soybean, hulls at 5.0 ppm.
    Comments were received on the notices of filing. EPA's response to
these comments is discussed in Unit IV.C.
    Bayer's petition asks EPA to consolidate subsections (a)(1) and
(a)(2) of 40 CFR 180.473 which contains tolerances for glufosinate on
various non-transgenic crops and transgenic crops, respectively, and
remove the restriction as to transgenic crops. In part this petition is
related to Bayer's application to EPA to amend its glufosinate
registration under the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA) to allow pre-plant burn down application to both transgenic
and non-transgenic field corn, canola, and soybean. Glufosinate is
currently registered foliar uses on the transgenic forms of these
crops. The proposed registration amendment would not alter existing
seasonal application amount limitations. There are currently no FFDCA
tolerances for glufosinate on non-transgenic field corn, canola, and
soybean but FFDCA tolerances are in place for the foliar use on the
transgenic form of these crops. Consolidating subsections (a)(1) and
(a)(2) and removing the transgenic restriction would address the lack
of tolerances for non-transgenic field corn, canola, and soybean.
    EPA initially concluded that two tolerance expressions were
appropriate for plants: non-transgenic (40 CFR 180.473 (a)(1)) with
glufosinate ammonium and 3-methylphosphinico-propionic acid and
transgenic crops (40 CFR 180.473 (a)(2)) with glufosinate ammonium, N-
acetyl-glufosinate, and 3-methylphosphinico-propionic acid. Subsequent
to this decision, based upon a petition from Bayer, EPA modified the
tolerance expressions in subsections (a)(1) and (a)(2) so that they are
identical for transgenic and non-transgenic crops. 68 FR 55833
(September 29, 2003). This modification was done because EPA concluded
that a single tolerance expression for both transgenic crops and non-
transgenic crops (i.e. glufosinate ammonium, N-acetyl-glufosinate, and
3-methylphosphinico-propionic acid) was appropriate for the following
reasons: 1) Enforcement laboratories do not know if a sample is derived
from transgenic or non-transgenic crop and 2) the enforcement method
quantifies glufosinate ammonium and N-acetyl-glufosinate together (both
are devitalized to the same compound). As a result of the decision, the
tolerance expression for 40 CFR 180.473 (a)(1) was altered to include
N-acetyl-glufosinate; however, the tolerances in 40 CFR 180.473 (a)(2)
remains. EPA has determined that consolidating the existing glufosinate
tolerances in subsections (a)(1) and (a)(2) and removing the transgenic
crop restriction, where applicable, is safe and is appropriate.
Tolerance levels will not need to be increased with the addition of a
pre-plant burn down use because the same seasonal amount limitations
are being retained. Given that foliar applications would result in
higher residue levels than pre-plant burn down, allocation of a portion
of the permitted application to the pre-plant burn down use will not
increase the residue level that could be present.

III. Aggregate Risk Assessment and Determination of Safty

    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. . . .'' These provisions were added to
FFDCA by the Food Quality Protection Act (FQPA) of 1996.
    Consistent with FFDCA section 408(b)(2)(D), and the factors
specified in FFDCA section 408(b)(2)(D), 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 for the petitioned-for proposal to
place all the commodities listed in 180.473 (a)(1) and 180.473 (a)(2)
together in paragraph 180.473(a) based on the rationale for having a
single tolerance expression is appropriate. Tolerance levels for
combined residues of glufosinate-ammonium are unchanged. 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 adverse effects caused by glufosinate-ammonium as well as the
no-observed-adverse-effect-level (NOAEL) and the lowest-observed-
adverse-effect-level (LOAEL) from the toxicity studies.
    Specific information on the studies received and the nature of the
toxic effects caused by glufosinate ammonium as well as the no-
observed-adverse-effect-level (NOAEL) and the lowest-observed-adverse-
effect-level (LOAEL) from the toxicity studies are discussed in the
final rule published in the Federal Register of September 29, 2003 (68
FR 55833) (FRL-7327-9).

B. Toxicological Endpoints

    For hazards that have a threshold below which there is no
appreciable risk, the toxicological level of concern (LOC) is derived
from the highest dose at which no adverse effects are observed (the
NOAEL) in the toxicology study identified as appropriate for use in
risk assessment. However, if a NOAEL cannot be determined, the lowest
dose at which adverse effects of concern are identified (the LOAEL) is
sometimes used for risk assessment. Uncertainty/safety factors (UFs)
are used in conjunction with the LOC to take into account 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. Safety is assessed for acute and chronic
risks by comparing aggregate exposure to the pesticide to the acute
population adjusted dose (aPAD) and chronic population adjusted dose
(cPAD). The aPAD and cPAD are calculated by dividing the LOC by all
applicable UFs. Short-term, intermediate-term, and long-term risks are
evaluated by comparing aggregate exposure to the LOC to ensure that the
margin of exposure (MOE) called for by the product of all applicable
UFs is not exceeded.
    For non-threshold risks, the Agency assumes that any amount of
exposure will lead to some degree of risk and estimates risk in terms
of the probability of occurrence of additional adverse cases.
Generally, cancer risks are considered non-threshold. For more
information on the general principles EPA uses in risk characterization
and a complete description of the risk assessment process, see http://www.epa.gov/fedrgstr/EPA-PEST/1997/November/Day-26/p30948.htm
.

    A summary of the toxicological endpoints for glufosinate ammonium
used for human risk assessment is discussed in Unit III.B. of the final
rule published in the Federal Register of September 29, 2003 (68 FR
55833) (FRL-7327-9).

C. Exposure Assessment

    EPA concludes that the tolerance levels for combined residues of
Glufosinate-ammonium are unchanged. The exposure assumptions discussed
in the final rule published in the Federal Register of September 29,
2003 (68 FR 55833) (FRL-7327-9) remain the same.

D. Safety Factor for Infants and Children

    A summary of the safety factor for infants and children for
glufosinate ammonium is discussed in Unit III.D. of the final rule
published in the Federal Register of September 29, 2003 (68 FR 55833)
(FRL-7327-9)

E. Aggregate Risks and Determination of Safety

    Safety is assessed for acute and chronic risks by comparing
aggregate exposure to the pesticide to the aPAD and cPAD. The aPAD and
cPAD are calculated by dividing the LOC by all applicable UFs. For
linear cancer risks, EPA calculates the probability of additional
cancer cases given aggregate exposure. Short-term, intermediate-term,
and long-term risks are evaluated by comparing aggregate exposure to
the LOC to ensure that the MOE called for by the product of all
applicable UFs is not exceeded.
    Consistent with FFDCA section 408(b)(2)(D), and the factors
specified in section 408(b)(2)(D), 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 for the petitioned-for revision in
the tolerance expressions for combined residues of glufosinate-ammonium
and its metabolites. EPA's assessment of exposures and risks associated
with establishing the tolerance are discussed in the Federal Register
of September 29, 2003 (68 FR 55833) (FRL-7327-9).
     Accordingly 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 glufosinate-ammonium residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology gas chromatography is available to
enforce the tolerance expression. 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

    Since tolerances levels remain the same and since there are no new
tolerances established, harmonization with CODEX, Canada or Mexico's
MRLs is impacted.

C. Response to Comments

    Public comments were received from B. Sachau who objected to the
proposed tolerances because of the amounts of pesticides already
consumed and carried by the American population. She further indicated
that testing conducted on animals have absolutely no validity and are
cruel to the test animals. B. Sachau's comments contained no scientific
data or evidence to rebut the Agency's conclusion that there is a
reasonable certainty that no harm will result from aggregate exposure
to glufosinate ammonium, including all anticipated dietary exposures
and all other exposures for which there is reliable information. EPA

has responded to B. Sachau's generalized comments on numerous previous
occasions. (January 7, 2005, 70 FR 1349) (October 29, 2004, 69 FR
63083).

V. Conclusion

    Therefore, the tolerance regulation for the combined residues of
glufosinate-ammonium and its metabolites expressed as butanoic acid, 2-
amino-4-(hydroxymethylphosphinyl)-, monoammonium salt, 2-acetamido-4-
methylphosphinico-butanoic acid and 3-methylphosphinico-propionic acid
(expressed as glufosinate free acid equivalents), are revised by
placing all the commodities listed Sec. 180.473 (a)(1) and (a)(2)
together in Sec. 180.473 (a).

VI. 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, 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) or Executive Order 13045, entitled Protection of Children
from Environmental Health Risks and Safety Risks (62 FR 19885, April
23, 1997). This final rule does not contain any information collections
subject to OMB approval under the Paperwork Reduction Act (PRA), 44
U.S.C. 3501 et seq., nor does it require any special considerations
under Executive Order 12898, entitled Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under section 408(d) of FFDCA, such as the tolerance in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
    This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled Federalism (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
Consultation and Coordination with Indian Tribal Governments (65 FR
67249, November 6, 2000) do not apply to this rule. In addition, This
rule does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
of 1995 (UMRA) (Public Law 104-4).
    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).

VII. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the 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: December 14, 2007.
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 180.473 is amended by revising paragraph (a) to read as
follows.

180.473  Glufosinate-ammonium; tolerances for residues.

    (a) General. Tolerances are established for residues of the
herbicide glufosinate-ammonium (butanoic acid, 2-amino-4-
(hydroxymethylphosphinyl)-monoammonium salt) and its metabolites, 2-
acetamido-4-methylphosphinico-butanoic acid and 3-methylphosphinico-
propionic acid, expressed as 2-amino-4-
(hydroxymethylphosphinyl)butanoic acid equivalents, in or on the
following food commodities:

------------------------------------------------------------------------
              Commodity                        Parts per million
------------------------------------------------------------------------
Almond, hulls.......................                                0.50
Apple...............................                                0.05
Banana..............................                                0.30
Banana, pulp........................                                0.20
Beet, sugar, molasses...............                                 5.0
Beet, sugar, roots..................                                 0.9
Beet, sugar, tops (leaves)..........                                 1.5
Bushberry subgroup 13B..............                                0.15
Canola, meal........................                                 1.1
Canola, seed........................                                0.40
Cattle, fat.........................                                0.40
Cattle, meat........................                                0.15
Cattle, meat byproducts.............                                 6.0
Corn, field forage..................                                 4.0
Corn, field, grain..................                                0.20
Corn, field, stover.................                                 6.0

Cotton, gin byproducts..............                                  15
Cotton, undelinted seed.............                                 4.0
Egg.................................                                0.15
Goat, fat...........................                                0.40
Goat, meat..........................                                0.15
Goat, meat byproducts...............                                 6.0
Grain aspirated fractions...........                                  25
Grape...............................                                0.05
Hog, fat............................                                0.40
Hog, meat...........................                                0.15
Hog, meat byproducts................                                 6.0
Horse, fat..........................                                0.40
Horse, meat.........................                                0.15
Horse, meat byproducts..............                                 6.0
Juneberry...........................                                0.10
Lingonberry.........................                                0.10
Milk................................                                0.15
Nut, tree, group 14.................                                0.10
Pistachio...........................                                0.10
Potato..............................                                0.80
Potato, chips.......................                                 1.6
Potato granules/flakes..............                                 2.0
Poultry, fat........................                                0.15
Poultry, meat.......................                                0.15
Poultry, meat byproducts............                                0.60
Rice, grain.........................                                 1.0
Rice, hull..........................                                 2.0
Rice, straw.........................                                 2.0
Salal...............................                                0.10
Sheep, fat..........................                                0.40
Sheep, meat.........................                                0.15
Sheep, meat byproducts..............                                 6.0
Soybean.............................                                 2.0
Soybean, hulls                                                       5.0
------------------------------------------------------------------------

* * * * *
[FR Doc. E7-24841 Filed 12-20-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 77, Number 145 (Friday, July 27, 2012)]
[Notices]
[Page 44238]
[FR Doc No: 2012-18390]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R07-SFUND-2012-0584; FRL-9704-9]

Proposed Administrative Cost Recovery Settlement Under the
Comprehensive Environmental Response Compensation and Liability Act, as
Amended, Big River Mine Tailings Superfund Site, St. Francois County,
MO

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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SUMMARY: In accordance with Section 122(i) of the Comprehensive
Environmental Response Compensation and Liability Act, as amended
(CERCLA), notice is hereby given of a proposed administrative
settlement with The Doe Run Resources Corporation, St. Louis, Missouri,
for recovery of past response costs concerning the Big River Mine
Tailings Superfund Site in St. Francois County, Missouri. The
settlement requires The Doe Run Resources Corporation to pay
$42,077.71, to the Hazardous Substance Superfund. The settlement
includes a covenant not to sue the settling party pursuant to Section
107(a) of CERCLA. For thirty (30) days following the date of
publication of this notice, EPA will receive written comments relating
to the settlement. EPA will consider all comments and may modify or
withdraw its consent to the settlement if comments received disclose
facts or considerations which indicate that the settlement is
inappropriate, improper, or inadequate. EPA's response to any comments
received will be available for public inspection at the EPA Region 7
office located at 901 N. 5th Street, Kansas City, Kansas.

DATES: Comments must be submitted on or before August 27, 2012.

ADDRESSES: The proposed settlement is available for public inspection
at the EPA Region 7 office, 901 N. 5th Street, Kansas City, Kansas,
Monday through Friday, between the hours of 7:00 a.m. through 5:00 p.m.
A copy of the proposed settlement may be obtained from the Regional
Hearing Clerk, 901 N. 5th Street, Kansas City, Kansas,<PHONE_NUMBER>.
Requests should reference the Big River Mine Tailings Superfund Site,
EPA Docket No. CERCLA-07-2011-0013. Comments should be addressed to:
Julie M. Van Horn, Senior Assistant Regional Counsel, 901 N. 5th
Street, Kansas City, Kansas 66101.

FOR FURTHER INFORMATION CONTACT: Julie M. Van Horn, at telephone: (913)
551-7889; fax number:<PHONE_NUMBER>/Attn: Julie M. Van Horn; email
address<EMAIL_ADDRESS>
    Dated: July 13, 2012.
Cecilia Tapia,
Director, Superfund Division, Region 7.
[FR Doc. 2012-18390 Filed 7-26-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 70 (Thursday, April 13, 2017)]
[Notices]
[Pages 17919-17921]
[FR Doc No: 2017-07455]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80398; File No. SR-NYSE-2017-15]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Remove Section 204.25 (Treasury Stock Changes) From the NYSE Listed
Company Manual

April 7, 2017.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on March 27, 2017, New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to remove Section 204.25 (``Treasury Stock
Changes'') from the NYSE Listed Company Manual (the ``Manual''). The
proposed rule change is available on the Exchange's Web site 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 remove Section 204.25 (``Treasury Stock
Changes'') from the Manual.
    Section 204.25 provides that if issued and listed stock of a listed
company is reacquired or disposed of, directly or indirectly, for the
account of the company, the Exchange is required to receive notice of
such transaction within ten days after the close of the fiscal quarter
in which it occurs. This notice need state only the total number of
shares reacquired (shares of a company's own stock acquired by the
company and held for its own account are typically referred to as
``treasury shares'') or disposed of during the quarter and the balance
held by the company at the end of the quarter. If, during such quarter,
there were both reacquisitions and dispositions, the total amount
reacquired and the total amount disposed of should be stated. The only
purposes for which the Exchange generally uses treasury share
information is for determining compliance with its shareholder approval
requirements in relation to share issuances and for calculating annual
listing fees.
    The Exchange believes it is unnecessary to require listed companies
to submit this information on a quarterly basis as it has not regularly
relied on this information for any regulatory purpose for many
years.\4\ In the event that the Exchange needs information about a
listed company's treasury stock position, it will either request that
information from the company in question or it will obtain it by
reviewing the company's financial statements included in its Form 10-K
or Form 10-Q. In addition, the Exchange notes that the primary purpose
for which it uses treasury share data is for purposes of analyzing
transactions under Sections 312.03 (``Shareholder Approval'') and
303A.08 (``Shareholder Approval of Equity Compensation

Plans'').\5\ To that end, the Exchange notes that Part 1 of Section
703.01 of the Manual provides that, in the event a company is issuing
shares from treasury in a transaction or series of related
transactions, it must notify the Exchange in writing in advance of the
issuance, indicating whether shareholder approval is required pursuant
to Sections 303A.08 or 312.03 and, if required, the date such
shareholder approval was obtained.\6\ In addition, the Exchange notes
that the form of subsequent listing application companies must complete
whenever they apply to list additional shares requires the company to
provide information about the total number of shares outstanding at the
time of entering into a definitive agreement in connection with the
applicable transaction, as well as the number of shares held in
treasury at that time. This requirement enables the Exchange to
calculate the percentage of the company's then outstanding shares
represented by the shares issued in the transaction and thereby ensure
that companies are complying with the shareholder approval requirements
of Section 312.03.
---------------------------------------------------------------------------

    \4\ A listed company's treasury stock position was significant
at one time, as listed companies were able to reissue treasury
shares without giving rise to any shareholder approval requirements
under Section 312.03 of the Manual. Since the adoption of Section
312.04(j), issuances of treasury shares are treated like any other
issuance of common stock for purposes of Section 312.03. See
Securities Exchange Act Release No. 54999 (December 21, 2006); 72 FR
170 (January 3, 2007) (SR-NYSE-2006-30).
    \5\ Exchange rules do not impose any substantive restrictions on
listed companies' ability to repurchase their own stock.
    \6\ If the issuance involves both shares issued from treasury
and newly issued, the company may include this notification in the
subsequent listing application that the company files to list the
newly issued shares.
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    Section 902.03 of the Manual provides that companies must pay
annual listing fees on all shares outstanding, including treasury
shares. The Exchange bills companies for annual fees each year based on
the number of shares outstanding as of the previous December 31
(including treasury shares) as reported to the Exchange for that
purpose by the company's transfer agent. As such, the information
currently provided to the Exchange by companies pursuant to Section
204.25 with respect to changes in companies' treasury share positions
is not needed in connection with the Exchange's billing procedures.
    The Exchange notes that it does not rely on treasury share
reporting under Section 204.25 in monitoring compliance with its
continued listing standards with respect to market capitalization and
publicly-held shares. Rather, the Exchange relies on the number of
shares outstanding as reported on a quarterly basis [sic] on the cover
of a company's annual report filed with the SEC and (where applicable)
Form 10-Qs. We also check these requirements against information
provided by the market data vendors.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\7\ in general, and furthers the
objectives of Section 6(b)(5) \8\ of the Act, in particular in that it
is designed 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 mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest
and is not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers. The Exchange believes the proposed rule
change is consistent with these goals in that it is designed to protect
the public interest, because the information gathered pursuant to the
current treasury stock reporting requirement can be obtained directly
from the applicable listed company or from its public filings on an as-
needed basis and is also provided in connection with every subsequent
listing application.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
designed to remove a treasury share reporting requirement imposed on
all listed companies because the Exchange can obtain that information
from public disclosures or from the applicable listed company or from
its public filings on an as-needed basis. As such, the proposed
amendment will not impose any burden on competition.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
Because the 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 prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6). The Commission notes that the
Exchange provided the Commission with written notice of its intent
to file the proposed rule change, along with a brief description and
the text of the proposed rule change, at least five business days
prior to the date of filing.
---------------------------------------------------------------------------

    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 under
Section 19(b)(2)(B) \11\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-NYSE-2017-15 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-NYSE-2017-15. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will

post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent
amendments, all written statements with respect to the proposed rule
change that are filed with the Commission, and all written
communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for Web site viewing and printing in the Commission's Public
Reference Room, 100 F Street NE., Washington, DC 20549, on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
the filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSE-2017-15 and should be submitted on or before May 4,
2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-07455 Filed 4-12-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 43 (Wednesday, March 4, 2020)]
[Notices]
[Page 12783]
[FR Doc No: 2020-04447]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Revocation of Market-Based Rate Authority and
Termination of Electric Market-Based Rate Tariff

------------------------------------------------------------------------
                                                   Docket Nos.
------------------------------------------------------------------------
Electric Quarterly Reports.............  ER02-2001-020
Mint Energy, LLC.......................  ER10-1110-000
Westmoreland Partners..................  ER10-2291-001
E-T Global Energy, LLC.................  ER11-2039-001
BBPC, LLC..............................  ER11-3028-002
Amerigreen Energy, Inc.................  ER11-3879-001
Mac Trading, Inc.......................  ER11-4447-000
Liberty Hill Power LLC.................  ER12-1202-001
Imperial Valley Solar Company (IVSC) 1,  ER12-1170-003
 LLC.
Lexington Power & Light, LLC...........  ER15-455-000
Clear Choice Energy, LLC...............  ER13-183-000
Energy Discounters, LLC................  ER14-663-001
Infinite Energy Corporation............  ER14-2421-000
North Energy Power, LLC................  ER15-626-000
------------------------------------------------------------------------

    On January 23, 2020, the Commission issued an order announcing its
intent to revoke the market-based rate authority of several public
utilities that had failed to file their required Electric Quarterly
Reports.\1\ The Commission directed those public utilities to file the
required Electric Quarterly Reports within 15 days of the date of
issuance of the order or face revocation of their authority to sell
power at market-based rates and termination of their electric market-
based rate tariffs.\2\
---------------------------------------------------------------------------

    \1\ Elec. Quarterly Reports, 170 FERC 61,020 (2020) (January 23
Order).
    \2\ Id. at Ordering Paragraph A.
---------------------------------------------------------------------------

    The time period for compliance with the January 23 Order has
elapsed. The above-captioned companies failed to file their delinquent
Electric Quarterly Reports. The Commission hereby revokes, effective as
of the date of issuance of this notice, the market-based rate authority
and terminates the electric market-based rate tariff of each of the
companies who are named in the caption of this order.

    Dated: February 27, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-04447 Filed 3-3-20; 8:45 am]
 BILLING CODE 6717-01-P


Table 6 Annual Agency Burden and Cost  Average, Banking and Trading Program Highway & Nonroad ( 7 engine manufacturers participate with 27engine families)

Hours and cost per application Total hours and cost Information Collection Activity Mgr/ eng/ tec@

$ 30.29/ hr Clerical @ 14.36/

hr Respon.

hr/ yr Labor cost/

yr Capital Startup Cost O & M Cost Number of Respon. Total hr/ yr Total cost/ yr Answer respondent questions 5 0 5.0 151.45 0.00 0.00 27 135.00 4089.15 Review submitted reports 5 0 5.0 151.45 0.00 0.00 27 135.00 4089.15 Enter data from reports into database 1.1 0 1.1 33.32 0.00 0.00 27 29.70 899.61 Audit reports and records 5 0.5 5.5 158.63 0.00 0.00 27 148.50 4283.01 Total 16.1 0.5 16.6 494.85 0.00 0.00 27 448.20 $ 13,360.92