[Federal Register Volume 76, Number 41 (Wednesday, March 2, 2011)]
[Notices]
[Pages 11453-11454]
[FR Doc No: 2011-4533]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2011-0143; FRL-8865-1]

Dinotefuran; Receipt of Application for Emergency Exemption,
Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received a specific exemption request from the Texas
Department of Agriculture to use the pesticide dinotefuran (CAS
No.165252-70-0) to treat up to 150,000 acres of rice to control rice
stink bug (Oebalus pugnax). The applicant proposes a use which has been
requested in 3 or more previous years, and a petition for tolerance has
not yet been submitted to the Agency. EPA is soliciting public comment
before making the decision whether or not to grant the exemption.

DATES: Comments must be received on or before March 17, 2011.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2011-0143 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 Facility'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>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2011-0143. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either 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 hours of
operation of this Docket Facility are 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: Libby Pemberton, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

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

    1. Submitting CBI. Do not submit this information to EPA through
www.regulations.gov or e-mail. 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 submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.
    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?

    Under section 18 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the
Administrator, a Federal or State agency may be exempted from any
provision of FIFRA if the Administrator determines that emergency
conditions exist which require the exemption. The Texas Department of
Agriculture (TDA) has requested the Administrator to issue a specific
exemption for the use of dinotefuran on rice to control rice stink bug
(Oebalus pugnax). Information in accordance with 40 CFR part 166 was
submitted as part of this request.
    As part of this request, the applicant asserts that the main impact
of rice stink bug in this case is not yield loss, but rather quality
loss in the harvested rice. Its feeding activity causes grain to
develop a pattern of light yellow to black spot, commonly known as
``peck'' rice. The presence of peck grains lowers the grade (milling
quality) and market value of the grain. According to the TDA request,
the populations of rice stink bug have been increasing in rice growing
areas. Reasons given for this increase include loss of efficacy in the
few registered insecticides (lamda-cyhlothrin; methyl parathion; gamma-
cyhalothrin; zeta-cypermethrin; and carbaryl) and the increasing
prevalence of harvesting a second (ratoon) rice crop in Texas. A second
crop allows greater numbers of stink bugs to survive and reproduce than
would be possible when only a single crop is harvested. TDA estimates
that use of dinotefuran would significantly reduce pest related control
costs and rice quality losses, saving the Texas rice industry $1.54
million annually.
    The Applicant proposes to make no more than two applications per
acre per season applied by air at a rate of 7.5 to 10.5 oz. of product
per acre (0.09375 to 0.131 pounds of a.i./acre). A 7-day pre-harvest
interval is required. A maximum of 150,000 acres of rice will be
treated between June 7 to October 15, 2011.
    This notice does not constitute a decision by EPA on the
application itself. The regulations governing section 18 of FIFRA
require publication of a notice of receipt of an application for a
specific exemption proposing a use which has been requested in 3 or
more previous years, and a petition for tolerance has not yet been
submitted to the Agency.
    The notice provides an opportunity for public comment on the
application.
    The Agency, will review and consider all comments received during
the comment period in determining whether to issue the specific
exemption requested by the Texas Department of Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: February 18, 2011.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2011-4533 Filed 3-1-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 181 (Monday, September 19, 2011)]
[Notices]
[Pages 58071-58072]
[FR Doc No: 2011-23866]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65326; File No. SR-CME-2011-06]

Self-Regulatory Organizations; Chicago Mercantile Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Add Additional Series and Maturities to Credit Default Index Swaps
Available for Clearing

September 12, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 2, 2011, Chicago Mercantile Exchange Inc. (``CME'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change described in Items I, II and III below, which
items have been prepared primarily by CME. CME filed the proposed rule
change pursuant to Section 19(b)(3)(A) \3\ of the Act and Rule 19b-
4(f)(4)(i) \4\ thereunder.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(4)(i).
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I. Self-Regulatory Organization's Statement of Terms of Substance of
the Proposed Rule Change

    The text of the proposed rule change is below. Italicized text
indicates additions; bracketed text indicates deletions.

* * * * *

Chicago Mercantile Exchange Inc. Rulebook

Rule 100-80203--No Change.

* * * * *

CME Chapter 802 Rules: Appendix 1

Appendix 1

                               CDX Indices
------------------------------------------------------------------------
                                                     Termination date
           CDX index                 Series             (scheduled
                                                       termination)
------------------------------------------------------------------------
CDX North America Investment                  10  20 Jun 2013, 20 Jun
 Grade (CDX.NA.IG).                                2015, 20 Jun 2018.
CDX North America Investment                  11  20 Dec 2011, 20 Dec
 Grade (CDX.NA.IG).                                2013, 20 Dec 2015, 20
                                                   Dec 2018.
CDX North America Investment                  12  20 Jun 2012, 20 Jun
 Grade (CDX.NA.IG).                                2014, 20 Jun 2016, 20
                                                   Jun 2019.
CDX North America Investment                  13  20 Dec 2012, 20 Dec
 Grade (CDX.NA.IG).                                2014, 20 Dec 2016, 20
                                                   Dec 2019.
CDX North America Investment                  14  20 Jun 2013, 20 Jun
 Grade (CDX.NA.IG).                                2015, 20 Jun 2017, 20
                                                   Jun 2020.
CDX North America Investment                  15  20 Dec 2013, 20 Dec
 Grade (CDX.NA.IG).                                2015, 20 Dec 2017, 20
                                                   Dec 2020.
CDX North America Investment                  16  20 Jun 2014, 20 Jun
 Grade (CDX.NA.IG).                                2016, 20 Jun 2018, 20
                                                   Jun 2021.
CDX North America Investment                  17  20 Dec 2014, 20 Dec
 Grade (CDX.NA.IG).                                2016, 20 Dec 2018, 20
                                                   Dec 2021.
------------------------------------------------------------------------

* * * * *

Rule 80301-End--No change

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

    In its filing with the Commission, CME included statements
concerning the purpose and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. CME has prepared summaries, set forth in sections A, B,
and C below, of the most significant aspects of such statements.

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

    CME offers clearing services for certain credit default swap index
products. Currently, CME offers clearing for Markit CDX North American
Investment Grade Index Series 12, 13, 14, 15 and 16, 5 year maturities.
The proposed rule changes that are the subject of this filing are
intended to expand CME's Markit Investment Grade Index product offering
by incorporating additional series and maturities for the existing
products. More specifically, the proposed rule changes would:
     Add the Markit CDX North American Investment Grade Index
Series 10, with 5, 7, and 10 year maturities.
     Add the Markit CDX North American Investment Grade Index
Series 11, with 3, 5, 7, and 10 year maturities;
     Expand the maturities of the Markit CDX North American
Investment Grade Index Series 12-16 to include the 3, 7 and 10 year
maturities.
     Add the Markit CDX North American Investment Grade Index
Series 17, with 3, 5, 7 and 10 year maturities.
    The proposed rule changes that are the subject of this filing will
become immediately effective. CME notes that it has also certified the
proposed rule changes that are the subject of this filing to its
primary regulator, the Commodity Futures Trading Commission (``CFTC'').
The text of the CME proposed rule amendments is in Section I of this
notice, with additions italicized and deletions in brackets.
    The proposed CME rule amendments merely incorporate additional
series and maturities to CME's existing offering of broad-based Markit
Investment Grade Index credit default swaps. As such, the proposed
amendments simply effect changes to an existing service of a registered
clearing agency that (1) do not adversely affect the safeguarding of
securities or funds in the custody or control of the clearing agency or
for which it is responsible and (2) do not significantly affect the
respective rights or obligations of the clearing agency or persons
using its clearing agency services. Therefore, the proposed rule change
is therefore properly filed under Section 19(b)(3)(A) and Rule 19b-
4(f)(4)(i) thereunder.

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

    CME does not believe that the proposed rule change will have any
impact, or impose any burden, on competition.

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

    CME has not solicited, and does not intend to solicit, comments
regarding this proposed rule change. CME has not received any
unsolicited written comments from interested parties.

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

    The foregoing rule change was filed pursuant to Section 19(b)(3)(A)
of the Act and paragraph (f)(4)(i) of Rule 19b-4 and became effective
on filing. At any time within sixty days of the filing of such 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.

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 may be submitted by using the
Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml), or send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-CME-2011-06 on the subject line.
     Paper comments should be sent in triplicate to Elizabeth
M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street,
NE., Washington, DC 20549-1090.
    All submissions should refer to File Number SR-CME-2011-06. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for website
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE., Washington, DC 20549. Copies of such filing also will be
available for inspection and copying at the principal office of CME.
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-CME-2011-06 and
should be submitted on or before October 11, 2011.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\5\
---------------------------------------------------------------------------

    \5\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-23866 Filed 9-16-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 42 (Tuesday, March 4, 2014)]
[Rules and Regulations]
[Pages 12051-12052]
[FR Doc No: 2014-04494]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0955; Airspace Docket No. 13-AGL-36]

Amendment of Class D and Class E Airspace; Wheeling, IL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, technical amendment.

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SUMMARY: This action amends Class D and Class E airspace within the
Wheeling, IL, area by updating the airport name and geographic
coordinates for Chicago Executive Airport, formerly known as Palwaukee
Municipal Airport. This action does not change the boundaries or
operating requirements of the airspace.

DATES: Effective date: 0901 UTC, April 3, 2014. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone 817-321-
7716.

SUPPLEMENTARY INFORMATION:

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by adjusting the airport name and geographic coordinates,
within Class D and Class E airspace, of Chicago Executive Airport,
formerly called Palwaukee Municipal Airport, Wheeling, IL, to coincide
with the FAA's aeronautical database. This is an administrative change
and does not affect the boundaries, altitudes, or operating
requirements of the airspace, therefore, notice and public procedures
under 5 U.S.C. 553(b) are unnecessary.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends controlled airspace in the Wheeling, IL area.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR Part 71 as follows:

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9X, Airspace Designations and
Reporting Points, dated August 7, 2013, and effective September 15,
2013, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AGL IL D Wheeling, IL [Amended]

Wheeling, Chicago Executive Airport, IL
    (Lat. 42[deg]06'51'' N., long. 87[deg]54'06'' W.)

    That airspace extending upward from the surface to but not
including 3,000 feet MSL within a 4.4-mile radius of Chicago
Executive Airport, excluding that airspace within the Chicago, IL,
Class B airspace area. This Class D airspace area is effective
during the specific dates and times established in advance by a
Notice to Airmen. The effective date and time will thereafter be
continuously published in the Airport/Facility Directory.

Paragraph 6002 Class E Airspace Areas Designated as a Surface Area.

* * * * *

AGL IL E2 Wheeling, IL [Amended]

Wheeling, Chicago Executive Airport, IL
    (Lat. 42[deg]06'51'' N., long. 87[deg]54'06'' W.)

    Within a 4.4-mile radius of Chicago Executive Airport, excluding
that airspace within the Chicago, IL, Class B airspace area. This
Class E airspace area is effective during the specific dates and
times established in advance by a Notice to Airmen. The effective
date and time will thereafter be continuously published in the
Airport/Facility Directory.

    Issued in Fort Worth, Texas, on February 2, 2014.
Kent M. Wheeler,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2014-04494 Filed 3-3-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 101 (Friday, May 24, 2019)]
[Notices]
[Pages 24135-24136]
[FR Doc No: 2019-10891]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2012-0506; FRL-9993-81-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NSPS for Small Municipal Waste Combustors
(Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), NSPS for Small Municipal Waste
Combustors (EPA ICR Number 1900.07, OMB Control Number 2060-0423), to
the Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act. This is a proposed
extension of the ICR, which is currently approved through May 31, 2019.
Public comments were previously requested, via the Federal Register, on
May 30, 2018 during a 60-day comment period. This notice allows for an
additional 30 days for public comments. A fuller description of the ICR
is given below, including its estimated burden and cost to the public.
An agency may neither conduct nor sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number.

DATES: Additional comments may be submitted on or before June 24, 2019.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2012-0506 to: (1) EPA online using www.regulations.gov (our
preferred method), or by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW, Washington, DC 20460; and (2) OMB via email
to<EMAIL_ADDRESS>Address comments to OMB Desk Officer
for EPA.
    EPA's policy is that all comments received will be included in the
public docket without change, including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI), or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 564-0050; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov, or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit: http://www.epa.gov/dockets.
    Abstract: The New Source Performance Standards (NSPS) for Small
Municipal Waste Combustors (40 CFR part 60, subpart AAAA) were proposed
on August 30, 1999, and promulgated on December 6, 2000. These
regulations apply to both existing facilities and new facilities with
small municipal waste combustor (MWCs) that combust greater than 35
tons per day (tpd), but with less than 250 tpd of municipal solid
waste. New facilities include those that commenced construction,
modification or reconstruction after the date of proposal. This
information is being collected to

assure compliance with 40 CFR part 60, subpart AAAA.
    In general, all NSPS standards require initial notifications,
performance tests, and periodic reports by the owners/operators of the
affected facilities. They are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or any period during which the
monitoring system is inoperative. These notifications, reports, and
records are essential in determining compliance, and are required of
all affected facilities subject to NSPS.
    Form Numbers: None.
    Respondents/affected entities: Small municipal waste combustors
(MWCs).
    Respondent's obligation to respond: Mandatory (40 CFR part 60,
subpart AAAA).
    Estimated number of respondents: 5 (total).
    Frequency of response: Initially, annually, and semiannually.
    Total estimated burden: 17,700 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $2,010,000 (per year), which includes
$207,000 in annualized capital/startup and/or operation & maintenance
costs.
    Changes in the Estimates: There is an overall increase in
respondent burden from the most recently-approved ICR due to an
increase in the number of respondents. The number of respondents
reflects a continued growth rate of one new respondent over the next
three years. There is also an increase in the operation and maintenance
(O&M) costs due to the increase in the number of respondents.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2019-10891 Filed 5-23-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: August 30, 2010 (Volume 75, Number 167)]
[Notices]
[Page 52939-52940]
[DOCID:fr30au10-49]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Supplemental Notice Regarding Staff Technical Conference

August 20, 2010.

California Independent System Operator   Docket Nos. ER10-1401-000, ER10-
 Corporation.                             2191-000.
Green Energy Express LLC...............  Docket No. EL10-76-000
21st Century Transmission Holdings, LLC
Southern California Edison Company.....  Docket Nos. ER10-732-000, ER10-
                                          732-001.
Southern California Edison Company.....  Docket Nos. EL10-1-000, EL10-1-
                                          001, EL10-1-002.
Southern California Edison Company.....  Docket Nos. ER10-796-000, ER10-
                                          796-001.
------------------------------------------------------------------------

    By order dated July 26, 2010, in Docket No. ER10-1401-000, the
Federal Energy Regulatory Commission (Commission) directed staff to
convene a technical conference regarding California Independent System
Operator Corporation's (CAISO) proposed Revised Transmission Planning
Process (RTPP).\1\
---------------------------------------------------------------------------

    \1\ Cal. Indep. Sys. Operator Corp., 132 FERC ] 61,067 (2010).
---------------------------------------------------------------------------

    Pursuant to notices issued on August 3, 2010 and August 19, 2010,
such conference will be held on August 24, 2010 at the Commission's
headquarters at 888 First Street, Washington, DC 20426, beginning at 9
a.m. (EDT) in the Commission Meeting Room. The technical conference
will be led by Commission staff. Commissioners may attend the
conference.
    We emphasize that the purpose of the technical conference is to
discuss the issues raised by CAISO's proposed revisions to its Open
Access Transmission Tariff (Tariff) to implement its RTPP in Docket No.
ER10-1401-000 and obtain additional information regarding CAISO's
proposal. However, because CAISO's RTPP filing presents issues that may
be tangentially related to the proceedings in Docket Nos. ER10-732-000
and ER10-732-001; Docket Nos. EL10-1-000, EL10-1-001 and EL10-1-002;
and Docket Nos. ER10-796-000 and ER10-796-001, in an abundance of
caution, we hereby notify parties that the technical conference
discussion may touch upon issues pending in these proceedings.
    A free Webcast of this event is available through http://
www.ferc.gov. Anyone with Internet access who desires to view this
event can do so by navigating to http://www.ferc.gov's Calendar of
Events and locating this event in the calendar. The event will contain
a link to its Webcast. The Capitol Connection provides technical
support for the free Webcasts. It also offers access to this event via
television in the DC area and via phone bridge for a fee. If you have
any questions, visit http://www.CapitolConnection.org or call (703)
993-3100.
    FERC conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations please
send an e-mail to<EMAIL_ADDRESS>or call toll free 1-866-208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a fax to<PHONE_NUMBER> with
the required accommodations.
    For more information on this conference, please contact Robert
Petrocelli at<EMAIL_ADDRESS>or<PHONE_NUMBER>, or Katie
Detweiler at<EMAIL_ADDRESS>or<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-21468 Filed 8-27-10; 8:45 am]
BILLING CODE 6717-01-P


MEMO TO FILE

DATE:		November 5, 2018

SUBJECT:	Fort Berthold Indian Reservation, FBIR Compressor Station; MCP Operating, LLC, National Historic Preservation Act

FROM:	Colin Schwartz, EPA Region 8 Air Program

TO:		Source Files:
		205c AirTribal, TAT, MCP Operating, LLC. FBIR Compressor Station
		SMNSR-TAT-000895-2018.001
		Docket ID: EPA-R08-OAR-2018-0574

Section 106 of the National Historic Preservation Act (NHPA) requires federal agencies to take into account the effects of their undertakings on historic properties and afford the Advisory Council on Historic Preservation (ACHP) a reasonable opportunity to comment with regard to such undertakings. Under the ACHP's implementing regulations at 36 C.F.R. Part 800, Section 106 consultation is generally with state and tribal historic preservation officials in the first instance, with opportunities for the ACHP to become directly involved in certain cases. An "undertaking" is "a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, including those carried out by or on behalf of a Federal agency; those carried out with Federal financial assistance; and those requiring a Federal permit, license or approval." 36 C.F.R. § 800.16(y).

Under the NHPA Section 106 implementing regulations, if an undertaking is a type of activity that has the potential to cause effects on historic properties, assuming any are present, then federal agencies consult with relevant historic preservation partners to determine the area of potential effect (APE) of the undertaking, to identify historic properties that may exist in that area, and to assess and address any adverse effects that may be caused on historic properties by the undertaking. If an undertaking is a type of activity that does not have the potential to cause effects on historic properties, the federal agency has no further obligations. 36 C.F.R. § 800.3(a)(1).

This memorandum describes EPA's efforts to assess potential effects on historic properties in connection with to issuing this Clean Air Act (CAA) synthetic minor New Source Review permit in Mountrail County, North Dakota, on Indian country lands within the Fort Berthold Indian Reservation. As explained further below, EPA is finding that the proposed action does not have the potential to cause effects on historic properties, even assuming such historic properties are present.

Permit Request

The EPA received an application from MCP Operating, LLC (MCP), requesting a synthetic minor permit to construct and operate the FBIR Compressor Station in accordance with the requirements of the Tribal Minor New Source Review (MNSR) permitting program. This permit is proposed to approve the construction and operation of a compressor station. This facility would be capable of separating condensate and natural gas, compressing the natural gas to increase pressure and dehydrating the natural gas to a pipeline quality for sales. Potential uncontrolled emissions of volatile organic compounds (VOC), carbon monoxide (CO) and nitrogen oxides (NOx) are above major New Source Review (NSR) thresholds. Therefore, MCP has requested enforceable emission limitations to bring allowable emissions below major source levels. In addition, MCP has requested limitations to bring allowable emissions of hazardous air pollutants (HAPs) below the thresholds for applicability to various Maximum Achievable Control Technology (MACT) regulations for major HAP sources at 40 CFR part 63, as well as major Title V thresholds for criteria pollutants and HAP.

This proposed permit would establish facility-wide annual limits on the throughput of natural gas and condensate. It requires the installation, maintenance and operation of a process flare to control VOC and HAP emissions from natural gas handling during maintenance, startup, shutdown and upset conditions. It also requires the installation, maintenance and operation of an enclosed vapor combustor to control VOC and HAP emissions from a triethylene glycol (TEG) dehydration unit that includes a TEG reboiler and benzene, toluene, ethylbenzene and xylene (BTEX) condenser, and working, standing, breathing and flashing loss emissions from condensate storage tanks. The proposed permit also contains requirements to operate a catalytic control system and air-to-fuel ratio (AFR) controller on three (3) natural gas-fired 4-stroke lean-burn (4SLB) spark ignition (SI) internal combustion engines (ICE) used for natural gas compression at the facility, including associated CO, VOC, and NOx emissions limits.
This permit contains emissions limits, construction and operational limitations and associated monitoring, recordkeeping and reporting requirements. Upon compliance with the permit, MCP will have legally and practicably enforceable restrictions on emissions that can be used when determining the applicability of other Clean Air Act (CAA) permitting requirements, such as those imposed by the Prevention of Significant Deterioration (PSD) Permit Program at 40 CFR part 52 and the Title V Operating Permit Program at 40 CFR part 71 (Part 71).

The facility is located at:

	      SENE Sec 4 T150N R93W
	Latitude 47.838823, Longitude -102.580448

Finding of No Potential to Cause Effects

The EPA has reviewed the proposed actions for potential impacts on historic properties and concluded that effects on historic properties resulting from construction and operation of the proposed source are unlikely. The closest historic properties are within the town of Stanley, North Dakota, and the proposed development would occur on land that has previously been used for agricultural purposes. The EPA attempted to consult with the Tribal Historic Preservation Office of the Three Affiliated Tribes on Fort Berthold Indian Reservation during multiple attempts as documented in the docket. The EPA has not received a response to this date. The EPA finds that this permit action will have no effect on historic properties, even assuming any are present.

State and Tribal Consultation

The EPA attempted to consult with the Tribal Historic Preservation Office of the Three Affiliated Tribes on Fort Berthold Indian Reservation. The EPA has not received a response to this date. More information regarding this decision can be found in the administrative docket.


Table 1.  Adult Exposure Factors Recommended by NAFTA (USEPA, Health Canada, and California DPR).

Scenario

NAFTA Recommendations

Gender Specific

Comments

Males

Females

Males & Females

Body Weight (kg)

76.9 (round to 77)

62.4 (round to 62)

69.7 (round to 70)

Median values (USEPA, 1997).  Value for Males & Females represents the average of the median body weights for males and females (USEPA, 1997).  NAFTA recommends using data for either sex or the average of both sexes, depending on whether sex was specified in the study.  If both males and females were included in a study the male/female average should be used.  Note: USEPA may use 71.8 kg (males and females) once the Exposure Factors Handbook is finalized.  However, since the median value for surface area has been selected, the median body weight should also be used.

Surface Area (cm2)

Surface areas for individual body parts represent median values from USEPA (1997).  Male upper arms represent the value for arms minus the value for forearms.  Female upper arms and forearms are based on the data for arms, assuming the same ratio of upper arms to forearms as for males.  Totals represent the sum of the median values for individual parts.  Although it is not entirely correct to sum percentile values, it allows for consistency between the individual body parts data and the totals.  Another appropriate method might be to use the median total surface areas, and the percentages of each body part to estimate surface areas for each part.  This would also ensure consistency with total surface area.  Values for males and females combined were calculated by averaging the data sets for the two groups.  NAFTA recommends using the median values for either sex or the average of both sexes, depending on whether sex was specified in the study.  If both males and females were included in a study the male/female average should be used.  The body surface areas in PHED V2.0 will be switched to the male surface area.  Although USEPA (1997) recommends using the mean surface areas, it also states that the median values maybe used “when surface area distributions are preferred”.

Head

1,300

1,110

1,205

Trunk (including neck)

7,390

5,790

6,590

Arms

-

-

-

Upper Arms

1,600

1,265

1,433

Forearms

1,310

1,035

1,173

Hands

990

817

904

Thighs

3,820

3,260

3,540

Lower Legs

2,560

2,180

2,370

Feet

1,310

1,140

1,225

Total

20,280

16,597

18,440

Life Expectancy (years)

72.1

78.9

75

Average values, based on 1993 projections (USEPA, 1997).  It should be noted, however, the expectation of life at birth has averaged above 70 years since before 1970, and has been approximately 75 years since 1982.  These individuals are now almost 16 years old and could represent members of the agricultural work force. NAFTA (and USEPA 1997) recommends using 75 years for adults, except in situations where gender is a factor.

Working Lifetime (years)

-

-

40

Based on data in USEPA (1997) from Carey (1988) for the occupational group "farming, forestry, and fishing" that indicates a  median tenure of 39.8 years for the 65+ age group.  NAFTA recommends using 40 years for agriculture, but not necessarily for antimicrobial uses.  For the antimicrobial uses it is recommended that specific values from the Exposure Factors Handbook be used for various industries.  USEPA (1997) allows occupational specific values such as the one selected by NAFTA.

Chronic Inhalation Rates (m3/day)

15.2

11.3

13.3

Based on the averages of Layton's (1993) three approaches for calculating inhalation rates (i.e., using average daily food energy equivalents, basal metabolic rates, and energy expenditure based on activity level), as presented in USEPA (1997).  A value for males and females combined is not provided in USEPA (1997), but is recommended by NAFTA by estimating the average of the male and females values (i.e., 13.3 m3/day).

Short- and intermediate-term Inhalation Rates (m3/hr)

Based on the average of several studies (Adams, 1993; Layton, 1993; Linn et al., 1992) presented in USEPA (1997).  NAFTA discussed reporting values for male and female, however, several methods were used to calculate the combined male and female values (e.g., age groups, time activity, and basal metabolic rates).  Recalculating the male and female values separately is out of the scope of this project.  If gender specific values are needed, NAFTA recommends using the values reported by Layton in USEPA (1997).

The activities correspond to the following:

Rest -lying down,

Sedentary - sitting, pilot, driving a tractor,

Light - flagger, mixer/loader (containers < 50 lb), pneumatic reel sprayer, lawn treatment, most harvesters,

Moderate - mixer/loader (containers > 50 lb), backpack sprayer (greenhouse, hilly conditions, heavy brush), harvesters using ladders,

Heavy - generally not applicable to occupational exposure to pesticides.

Rest

-

-

0.4

Sedentary Activity

-

-

0.5

Light Activity

-

-

1.0

Moderate Activity

-

-

1.6

Heavy Activity

-

-

3.2

	Table 2.   Child Exposure Factors Recommended by NAFTA (USEPA, Health Canada, and California DPR).

Scenario

NAFTA Recommendations

Gender Specific

Comments

Males

Females

Males & Females

Body Weight (kg)

Mean values (USEPA, 1997), and median values in parentheses.  The value for Males & Females represents the average of the median body weights for males and females.  Mean values for males & females are not  reported, but these values can be calculated by averaging the mean  male and female values for each age group.

NAFTA recommends using the median values (reported in parentheses)  to be consistent with the use of the median surface areas.

6-11 months

9.4 (9.4)

8.8 (8.9)

(9.2)

1 year

11.8 (11.7)

10.8 (10.7)

(11.2)

2 years

13.6 (13.5)

13.0 (12.7)

(13.1)

3 years

15.7 (15.4)

14.9 (14.7)

(15.1)

4 years

17.8 (17.6)

17.0 (16.7)

(17.2)

5 years

19.8 (19.4)

19.6 (19.0)

(19.2)

6 years

23.0 (22.0)

22.1 (21.3)

(21.7)

7 years

25.1 (24.8)

24.7 (23.8)

(24.3)

8 years

28.2 (27.5)

27.9 (27.5)

(27.5)

9 years

31.1 (30.2)

31.9 (29.7)

(30.0)

10 years

36.4 (34.8)

36.1 (34.5)

(34.7)

11 years

40.3 (37.3)

41.8 (40.3)

(38.8)

12 years

44.2 (42.5)

46.4 (45.4)

(44.0)

13 years

49.9 (48.4)

50.9 (49.0)

(48.7)

14 years

57.1 (56.4)

54.8 (53.1)

(54.8)

15 years

61.0 (60.1)

55.1 (53.3)

(56.7)

16 years

67.0 (64.4)

58.1 (55.6)

(60.0)

17 years

66.7 (65.8)

59.6 (58.4)

(62.1)

18 years

71.1 (70.4)

59.0 (56.4)

(63.4)

Total Surface Area (cm2)

Surface areas for individual age groups represent the recommended median values from USEPA (1997), except for the <1 and 1 < 2 year age groups which were taken from ICRP (1981).  NAFTA recommends using the male and female combined values that are based on the average of the median  male and female data, unless gender specific data are warranted.

< 1 year

-

-

3925

1 < 2 years

-

-

5275

2 < 3 years

6030

5790

5910

3 < 4 years

6640

6490

6565

4 < 5 years

7310

7060

7185

5 < 6 years

7930

7790

7860

6 < 7 years

8660

8430

8545

7 < 8 years

9360

9170

9265

8 < 9 years

10000

10000

10000

9 < 10 years

10700

10600

10650

10 < 11 years

11800

11700

11750

11 < 12 years

12300

13000

12650

12 < 13 years

13400

14000

13700

13 < 14 years

14700

14800

14750

14 < 15 years

16100

15500

15800

15 < 16 years

17000

15700

16350

16 < 17 years

17600

16000

16800

17 < 18 years

18000

16300

17150

Percentage of Surface Area of Body Parts (%)

head

trunk

arms

hands

legs

feet

Based on mean percentages for males and females  combined from USEPA  (1997).  Values with *'s estimated using regression analyses.

< 1 year

18.2

35.7

13.7

5.3

20.6

6.54

1 < 2 years

16.5

35.5

13

5.68

23.1

6.27

2 < 3 years

14.2

38.5

11.8

5.3

23.2

7.07

3 < 4 years

13.6

31.9

14.4

6.07

26.8

7.21

4 < 5 years

13.8

31.5

14

5.7

27.8

7.29

5 < 6 years

13.5*

34.7*

13.4*

5.46*

26.0*

7.04*

6 < 7 years

13.1

35.1

13.1

4.71

27.1

6.9

7 < 8 years

12.3*

34.4*

13.5*

5.44*

27.3*

7.13*

8 < 9 years

11.7*

34.2*

13.6*

5.43*

27.9*

7.17*

9 < 10 years

12

34.2

12.3

5.3

28.7

7.58

10 < 11 years

10.7*

33.8*

13.7*

5.39*

29.2*

7.24*

11 < 12 years

10.2*

33.6*

13.8*

5.38*

29.8*

7.27*

12 < 13 years

8.74

34.7

13.7

5.39

30.5

7.03

13 < 14 years

9.97

32.7

12.1

5.11

32

8.02

14 < 15 years

8.81*

32.9*

13.9*

5.31*

31.7*

7.35*

15 < 16 years

8.39*

32.7*

14.0*

5.27*

32.3*

7.37*

16 < 17 years

7.96

32.7

13.1

5.68

33.6

6.93

17 < 18 years

7.58

31.7

17.5

5.13

30.8

7.28

Chronic Inhalation Rates (m3/day)

Specific Ages:  Based on the data from Layton (1993) and presented in USEPA (1997) that uses energy intakes to estimate inhalation rates.The Male & Female combined values for the 9-11, 12-14, and 15-18 age groups were calculated from the values reported in USEPA (1997).

< 1 year

-

-

4.5

1-2 years

-

-

6.8

3-5 years

-

-

8.3

6-8 years

-

-

10

9-11 years

14

13

13.5

12-14 years

15

12

13.5

15-18 years

17

12

14.5

Short- and intermediate-term Inhalation Rates (m3/hr)

6 years old

-

-

Based on the mean from two reports (Astrand, 1952; Robinson, 1938)  presented in USEPA (1985) and USEPA (1997). The ratios of ventilation rate and BW are highest for 6-year old male children. The ratios for 6-year old female children are not available.

Rest

0.4

-

-

Light Active

0.8

-

-

Moderate Active

2.0

-

-

Heavy Active

2.3

-

-

REFERENCES:

Adams, W.C. (1993) Measurement of breathing rate and volume in routinely performed daily activities, Final Report.  California Air Resources Board (CARB).  Contract No. A033-205.

Astrand, P.O. (1952) Experimental studies of physical working capacity in relation to sex and age. Ejnar Munksgaard, copenhagen, Danmark.

Carey, M. (1988) Occupational tenure in 1987: many workers have remained in their fields.  Monthly Labor Review.  October 1988. 3-12.

ICRP (1981) International Commission on Radiological Protection.  Report of the task group on reference man.  Pergammon Press, New York.

Layton (1993) Metabolically consistent breathing rates for use in dose assessments.  Health Physics.  64(1) 23-36.

Linn, W.S., Spier, C.E., Hackney, J.D. (1992) Documentation of activity patterns in "high risk" groups exposed to ozone in the Los Angeles area.  In proceedings of the Second Annual EPA/AWMA Conference on Tropospheric Ozone. Atlanta, November 1991. Air Waste Management Association, Pittsburgh, PA.

Robinson, S. (1938) Experimental studies of physical fitness in relation to age. Arbeitephysiologie. 10:251-323.

USEPA (1985) Development of Statistical Distributions or Ranges of Standard Factors Used in Exposure Assessments. Office of Health and Environmental Assessment, Office of Research and Development, U.S. Environmental Protection Agency.

USEPA (1997)  Exposure Factors Handbook, 1997.  Office of Research and Development, U.S. Environmental Protection Agency.  EPA/600/P-95/002Fa,c.

 PAGE  1


[Federal Register Volume 85, Number 96 (Monday, May 18, 2020)]
[Rules and Regulations]
[Pages 29633-29637]
[FR Doc No: 2020-08963]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2019-0074; FRL-10007-09]

Fluridone; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes tolerances for residues of
fluridone in or on avocados, mandarins, pomegranates, pistachios, and
the stone fruit group (crop group 12). SePRO Corporation requested
these tolerances under the Federal Food, Drug, and Cosmetic Act
(FFDCA).

DATES: This regulation is effective May 18, 2020. Objections and
requests for hearings must be received on or before July 17, 2020, 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: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2019-0074, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Michael Goodis, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; main telephone
number:<PHONE_NUMBER>; email 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.
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. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Government
Publishing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, 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-2019-0074 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
July 17, 2020. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b).
    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 (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior

notice. Submit the non-CBI copy of your objection or hearing request,
identified by docket ID number EPA-HQ-OPP-2019-0074, by one of the
following methods:

     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html. Additional
instructions on commenting or visiting the docket, along with more
information about dockets generally, is available at http://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of February 11, 2020 (85 FR 7708) (FRL-
10005-02), EPA issued a document pursuant to FFDCA section 408(d)(3),
21 U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
8F8710) by SePRO Corporation, 11550 North Meridian Street, Suite 600,
Carmel, IN 46032. The petition requested that 40 CFR part 180 be
amended by establishing tolerances for residues of the herbicide
fluridone in or on avocados, mandarins, pomegranates, pistachios, and
the stone fruit group (crop group 12) at 0.1 parts per million (ppm).
That document referenced a summary of the petition prepared by SePRO
Corporation, the registrant, which is available in the docket, http://www.regulations.gov. There were no comments received in response to the
notice of filing.
    Based upon review of the data supporting the petition, EPA is
establishing the requested tolerances with slight variations to reflect
the correct commodity definitions.

III. Aggregate Risk Assessment and Determination of Safety

    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. . .
.''
    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 fluridone including exposure
resulting from the tolerances established by this action. EPA's
assessment of exposures and risks associated with fluridone 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.
    The liver and kidneys were identified as the primary target organs
based on a multitude of organ specific effects noted across the
toxicity database. All model species exhibited indications of liver
toxicity that were often accompanied by body weight effects. No signs
of neurotoxicity were identified in the rest of the toxicity database.
Toxicity from repeated dose dermal exposures was limited to irritation
effects on the skin (erythema, desquamation, epidermal fissures). No
evidence of immunotoxicity, mutagenicity, or carcinogenicity were noted
in the toxicity database. Fluridone did not demonstrate mutagenic
behavior either in vitro or in vivo nor did exposure result in an
increased incidence of tumors. The EPA concluded that fluridone should
be classified as ``not likely'' to be a human carcinogen.
    Specific information on the studies received and the nature of the
adverse effects caused by fluridone as well as the no-observed-adverse-
effect-level (NOAEL) and the lowest-observed-adverse-effect-level
(LOAEL) from the toxicity studies can be found at http://www.regulations.gov in document Fluridone. Human Health Risk Assessment
for the Section 3 Registration on: Avocado, Mandarin (Tangerine),
Pistachio, Pomegranate, and Stone Fruit (Crop Group 12-12) in docket ID
number EPA-HQ-OPP-2019-0074.

B. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA
identifies toxicological points of departure (POD) and levels of
concern to use in evaluating the risk posed by human exposure to the
pesticide. For hazards that have a threshold below which there is no
appreciable risk, the toxicological POD is used as the basis for
derivation of reference values for risk assessment. PODs are developed
based on a careful analysis of the doses in each toxicological study to
determine the dose at which no adverse effects are observed (the NOAEL)
and the lowest dose at which adverse effects of concern are identified
(the LOAEL). Uncertainty/safety factors are used in conjunction with
the POD to calculate a safe exposure level--generally referred to as a
population-adjusted dose (PAD) or a reference dose (RfD)--and a safe
margin of exposure (MOE). For non-threshold risks, the Agency assumes
that any amount of exposure will lead to some degree of risk. Thus, the
Agency estimates risk in terms of the probability of an occurrence of
the adverse effect expected in a lifetime. 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/pesticides/factsheets/riskassess.htm.
    A summary of the toxicological endpoints for fluridone used for
human risk assessment is discussed in Unit III.B. of the final rule
published in the Federal Register of February 17, 2016 (81 FR 7982)
(FRL-9941-69).

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to fluridone, EPA considered exposure under the petitioned-for
tolerances as well as all existing fluridone tolerances in 40 CFR 180.
EPA assessed dietary exposures from fluridone in food as follows:
    i. Acute exposure. Quantitative acute dietary exposure and risk
assessments are performed for a food-use pesticide, if a toxicological
study has indicated the possibility of an effect of concern occurring
as a result of a 1-day or single

exposure. Such effects were identified for fluridone. In estimating
acute dietary exposure, EPA used food consumption information from the
United States Department of Agriculture (USDA) National Health and
Nutrition Examination Survey, What We Eat in America, (NHANES/WWEIA).
This dietary survey was conducted from 2003 to 2008. 100 percent crop
treated (PCT), tolerance-level residues, and default processing factors
were assumed for this assessment.
    ii. Chronic exposure. In conducting the chronic dietary exposure
assessment EPA used the food consumption data from the USDA NHANES/
WWEIA. This dietary survey was conducted from 2003 to 2008. 100 PCT,
tolerance-level residues, and default processing factors were assumed.
    iii. Cancer. Based on the data summarized in Unit III.A., EPA has
concluded that fluridone does not pose a cancer risk to humans.
Therefore, a dietary exposure assessment for the purpose of assessing
cancer risk is unnecessary.
    iv. Anticipated residue and percent crop treated (PCT) information.
EPA did not use anticipated residue and/or PCT information in the
dietary assessment for fluridone. Tolerance-level residues and/or 100%
CT were assumed for all food commodities.
    2. Dietary exposure from drinking water. The Agency used screening
level water exposure models in the dietary exposure analysis and risk
assessment for fluridone in drinking water. These simulation models
take into account data on the physical, chemical, and fate/transport
characteristics of fluridone. Further information regarding EPA
drinking water models used in pesticide exposure assessment can be
found at http://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/about-water-exposure-models-used-pesticide.
    Based on the Tier 1 Rice Model v2.0, the estimated drinking water
concentrations (EDWCs) of fluridone for acute exposures are estimated
to be 150 parts per billion (ppb) for surface water and 45 ppb for
ground water. For chronic exposures for non-cancer assessments are
estimated to be 107 ppb for surface water and 43 ppb for ground water.
    Modeled estimates of drinking water concentrations were directly
entered into the dietary exposure model. For acute dietary risk
assessment, the water concentration value of 150 ppb was used to assess
the contribution to drinking water. For chronic dietary risk
assessment, the water concentration of value 107 ppb was used to assess
the contribution to drinking water.
    3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., for lawn and garden pest control, indoor pest control,
termiticides, and flea and tick control on pets).
    Fluridone is currently registered for the following uses that could
result in residential exposures: From use on ponds (including a
homeowner use), lakes, reservoirs, and rivers. EPA assessed residential
exposure using the following assumptions: Adult applicators may be
exposed (dermal and inhalation) while applying the pesticide to
residential ponds. Residential handler exposure is expected to be
short-term in duration only. Intermediate-term and chronic exposures
are not likely because of the intermittent nature of applications by
homeowners. There is also potential for residential post-application
exposure (dermal, inhalation and incidental ingestion) for adults and
children (3 to <6 years old) swimming in treated water. Residential
post-application exposure is expected to be short-term in duration
only. Further information regarding EPA standard assumptions and
generic inputs for residential exposures may be found at http://www.epa.gov/pesticides/trac/science/trac6a05.pdf.
    4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.'' EPA has not found fluridone
to share a common mechanism of toxicity with any other substances, and
fluridone does not appear to produce a toxic metabolite produced by
other substances. For the purposes of this tolerance action, therefore,
EPA has assumed that fluridone does not have a common mechanism of
toxicity with other substances. For information regarding EPA's efforts
to determine which chemicals have a common mechanism of toxicity and to
evaluate the cumulative effects of such chemicals, see EPA's website at
http://www.epa.gov/pesticides/cumulative.

D. Safety Factor for Infants and Children

    1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA
shall apply an additional tenfold (10X) margin of safety for infants
and children in the case of threshold effects to account for prenatal
and postnatal toxicity and the completeness of the database on toxicity
and exposure unless EPA determines based on reliable data that a
different margin of safety will be safe for infants and children. This
additional margin of safety is commonly referred to as the FQPA Safety
Factor (SF). In applying this provision, EPA either retains the default
value of 10X, or uses a different additional safety factor when
reliable data available to EPA support the choice of a different
factor.
    2. Prenatal and postnatal sensitivity. There was no evidence of
qualitative susceptibility in fetuses in the rat and rabbit
developmental study. Equivocal susceptibility was observed in the young
from the F2 population in the reproductive study during the lactation
phase (based decreased body weight); however, body weight of the F2
offspring returned to control levels after the lactation period and no
evidence of susceptibility was observed in the F3 offspring.
    3. Conclusion. EPA has determined that reliable data show the
safety of infants and children would be adequately protected if the
FQPA SF were reduced to 1X. More information on that decision can be
found at http://www.regulations.gov in document Fluridone. Human Health
Risk Assessment for the Section 3 Registration on: Avocado, Mandarin
(Tangerine), Pistachio, Pomegranate, and Stone Fruit (Crop Group 12-12)
in docket ID number EPA-HQ-OPP-2019-0074.

E. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic dietary pesticide
exposures are safe by comparing aggregate exposure estimates to the
acute PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA
calculates the lifetime probability of acquiring cancer given the
estimated aggregate exposure. Short-, intermediate-, and chronic-term
risks are evaluated by comparing the estimated aggregate food, water,
and residential exposure to the appropriate PODs to ensure that an
adequate MOE exists.
    1. Acute risk. Using the exposure assumptions discussed in this
unit for acute exposure, the acute dietary exposure from food and water
to fluridone will occupy 2.3% of the aPAD for all infants (<1-year-
old), the population group receiving the greatest exposure.
    2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded

that chronic exposure to fluridone from food and water will utilize 7%
of the cPAD for children aged 1 to 2 the population group receiving the
greatest exposure. Based on the explanation in Unit III.C.3., regarding
residential use patterns, chronic residential exposure to residues of
fluridone is not expected.
    3. Short-term risk. Short-term aggregate exposure takes into
account short-term residential exposure plus chronic exposure to food
and water (considered to be a background exposure level). Fluridone is
currently registered for uses that could result in short-term
residential exposure, and the Agency has determined that it is
appropriate to aggregate chronic exposure through food and water with
short-term residential exposures to fluridone. Using the exposure
assumptions described in this unit for short-term exposures, EPA has
concluded the combined short-term food, water, and residential
exposures result in aggregate MOEs of 1,300 for adults and 1,600 for
children. Because EPA's level of concern for fluridone is a MOE of 100
or below, these MOEs are not of concern.
    4. Intermediate-term risk. Intermediate-term aggregate exposure
takes into account intermediate-term residential exposure plus chronic
exposure to food and water (considered to be a background exposure
level). An intermediate-term adverse effect was identified; however,
fluridone is not registered for any use patterns that would result in
intermediate-term residential exposure. Intermediate-term risk is
assessed based on intermediate-term residential exposure plus chronic
dietary exposure. Because there is no intermediate-term residential
exposure and chronic dietary exposure has already been assessed under
the appropriately protective cPAD (which is at least as protective as
the POD used to assess intermediate-term risk), no further assessment
of intermediate-term risk is necessary, and EPA relies on the chronic
dietary risk assessment for evaluating intermediate-term risk for
fluridone.
    5. Aggregate cancer risk for U.S. population. Based on the lack of
evidence of carcinogenicity in two adequate rodent carcinogenicity
studies, fluridone is not expected to pose a cancer risk to humans.
    6. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population, or to infants and children from aggregate
exposure to fluridone residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology (high performance liquid
chromatography (HPLC) method (originally submitted as method AM-AA-CA-
RO52-AA-755)) is available to enforce the tolerance expression.

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    The Codex has not established a MRL for fluridone.

V. Conclusion

    Therefore, tolerances are established for residues of fluridone, in
or on avocado, tangerine, pomegranate, pistachio, and the fruit, stone,
group 12-12 at 0.1 ppm.

VI. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA section 408(d) 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 action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``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), nor is it considered a
regulatory action under Executive Order 13771, entitled ``Reducing
Regulations and Controlling Regulatory Costs'' (82 FR 9339, February 3,
2017). This action 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 FFDCA section 408(d), 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 action 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 FFDCA section 408(n)(4). 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 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    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 (NTTAA) (15 U.S.C. 272 note).

VII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
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
the rule in the Federal

Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

List of Subjects in 40 CFR Part 180

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

    Dated: April 13, 2020.
Michael Goodis,
Director, Registration Division, Office of Pesticide Programs.

    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. Amend Sec.  180.420 by:
0
a. Adding alphabetically entries for ``Avocado''; ``Fruit, stone, group
12-12''; ``Pistachio''; ``Pomegranate''; and ``Tangerine'' in the table
in paragraph (a)(2); and
0
b. Removing the entries ``Avocado''; and ``Fruit, stone, group 12'' in
the table in paragraph (d).
    The additions read as follows:

Sec.  180.420  Fluridone; tolerances for residues.

    (a) * * *
    (2) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Avocado.................................................             0.1

                                * * * * *
Fruit, stone, group 12-12...............................             0.1

                                * * * * *
Pistachio...............................................             0.1
Pomegranate.............................................             0.1

                                * * * * *
Tangerine...............................................             0.1
------------------------------------------------------------------------

* * * * *
[FR Doc. 2020-08963 Filed 5-15-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Rules and Regulations]
[Pages 41809-41810]
[FR Doc No: 2016-15224]

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

Coast Guard

33 CFR Part 165

[Docket No. USCG-2016-0529]
RIN 1625-AA00

Safety Zone; 4th of July Firework Celebration; Key West, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
the 4th of July Firework Celebration on Saturday, July 4, 2016. The
safety zone will encompass a 300 yard radius around the White Street
Pier in Key West Harbor. The safety zone is necessary to ensure the
safety of spectators and the general public during the event. Persons
and vessels, except those participating in the event, are prohibited
from entering, transiting through, anchoring in, or remaining within
the regulated area unless authorized by the Captain of the Port Key
West or a designated representative.

DATES: This rule is effective on July 4, 2016. This rule will be
enforced from 6 p.m. until 10:30 p.m. on July 4, 2016.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0529 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Chief Petty Officer Jason D. Herbert, Sector Key West
Prevention Department, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

DHS Department of Homeland Security
NPRM Notice of proposed rulemaking

II. Background Information and Regulatory History

    The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because we did not receive notice of this
event until May 20, 2016. It is therefore, impracticable to publish a
NPRM because this rule must be implemented by July 4, 2016, to ensure
the safety of spectators and the general public during this event.
    For the same reason discussed above, under 5 U.S.C. 553(d)(3), the
Coast Guard finds that good cause exists for making this rule effective
less than 30 days after publication in the Federal Register.

III. Legal Authority and Need for Rule

    The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rule is to provide for the safety of life on the
navigable waters of the United States during the 4th of July Firework
Celebration.

IV. Discussion of the Rule

    On July 4, 2016, the Key West Rotary Club is hosting the 4th of
July Firework celebration. The event will consist of approximately 45
Minutes of fireworks in Key West Harbor with an estimated 150 spectator
vessels.
    This rule establishes a safety zone that will encompass certain
navigable waters of the Key West Harbor. The safety zone will be
enforced from 6 p.m. until 10:30 p.m. on July 4, 2016.
    Persons and vessels may request authorization to enter the special
local regulated area by contacting the Captain of the Port Key West by
telephone at<PHONE_NUMBER> or<PHONE_NUMBER> or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the special local regulated area is granted by the Captain of the Port
Key West or a designated representative, all persons and vessels
receiving such authorization must comply with the instructions of the
Captain of the Port Key West or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

A. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The economic impact of
this rule is not significant for the following reasons: (1) The safety
zone will be enforced for four and a half hours; (2) the safety zone
will be short in duration with no prolonged waterway impact; (3)
although persons and vessels will not be able to enter, transit
through, anchor in, or remain within the safety zone without
authorization from the Captain of the Port Key West or a designated
representative, they may operate in the surrounding areas during the
enforcement period; (4) persons and vessels may still enter, transit
through, anchor in, or remain within the safety zone during the
enforcement period if authorized by the Captain of the Port Key West or
a designated representative; and (5) the Coast Guard will provide
advance notification of the safety zone to the local maritime community
by Marine Safety Information Bulletin, and Broadcast Notice to
Mariners.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
enter, transit through, anchor in, or remain within any of the
regulated area during the respective enforcement period. For the
reasons discussed in the Regulatory Planning and Review section above,
this rule will not have a significant economic impact on a substantial
number of small entities. Under section 213(a) of the Small Business
Regulatory Enforcement Fairness Act of 1996 (Pub.

L. 104-121), we want to assist small entities in understanding this
rule. If the rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact the person listed
in the FOR FURTHER INFORMATION CONTACT section above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves the creation of a safety zone that will be enforced from
6 p.m. until 10:30 p.m. on July 4, 2016. It is categorically excluded
from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS.

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. Add a temporary Sec.  165.T07-0529 to read as follows:

Sec.  165.T07-0529  Safety Zone; 4th of July Firework Celebration, Key
West, FL.

    (a) Regulated Area. The following regulated area is a safety zone.
A 300 yard radius from the end of White Street Pier.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Key West in the enforcement of the regulated area.
    (c) Regulations. (1) Non-participant persons and vessels are
prohibited from entering the race area. Non-participant persons and
vessels may request authorization to enter, transit through, anchor in,
or remain within the regulated area by contacting the Captain of the
Port Key West by telephone at<PHONE_NUMBER> or<PHONE_NUMBER> or a
designated representative via VHF radio on channel 16. If authorization
is granted by the Captain of the Port Key West or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port Key West
or a designated representative.
    (2) The Coast Guard will provide notice of the safety zone by
Marine Safety Information Bulletin, Broadcast Notice to Mariners and
on-scene designated representatives.
    (d) Enforcement period. This rule will be effective on July 4,
2016, and will be enforced from 6 p.m. until 10:30 p.m. July 4, 2016.

    Dated: June 22, 2016.
J.A. Janszen,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2016-15224 Filed 6-27-16; 8:45 am]
 BILLING CODE 9110-04-P