[Federal Register Volume 87, Number 199 (Monday, October 17, 2022)]
[Notices]
[Pages 62919-62922]
[FR Doc No: 2022-22453]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2018-0010, Notice 2]

Spartan Motors USA, Inc, Denial of Petition for Decision of
Inconsequential Noncompliance

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

ACTION: Denial of petition.

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SUMMARY: Spartan Motors USA, Inc (Spartan), has determined that certain
model year (MY) 2015-2019 Spartan Specialty MM and K2 motorhome chassis
do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS)
No. 121, Air Brake Systems. Spartan filed a noncompliance report dated
December 18, 2017, and subsequently petitioned NHTSA on January 15,
2018, for a decision that the subject noncompliance is inconsequential
as it relates to motor vehicle safety. This document announces the
denial of Spartan's petition.

FOR FURTHER INFORMATION CONTACT: Ahmad Barnes, Office of Vehicle Safety
Compliance, the National Highway Traffic Safety Administration (NHTSA),
(202) 366-7236, [email protected].

SUPPLEMENTARY INFORMATION:
    I. Overview: Spartan has determined that certain MY 2015-2019
Spartan Specialty MM and K2 motorhome chassis do not fully comply with
paragraph S<IP_ADDRESS> of FMVSS No. 121, Air Brake Systems (49 CFR
571.121). Spartan filed a noncompliance report dated December 18, 2017,
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility
and Reports. Spartan subsequently petitioned NHTSA on January 15, 2018,
for an exemption from the notification and remedy requirements of 49
U.S.C. chapter 301 on the basis that this noncompliance is
inconsequential as it relates to motor vehicle safety, pursuant to 49
U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, Exemption for
Inconsequential Defect or Noncompliance.
    Notice of receipt of Spartan's petition was published with a 30-day
public comment period, on May 13, 2019, in the Federal Register (84 FR
20947). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) website at https://www.regulations.gov/. Then follow the online
search instructions to locate docket number ``NHTSA-2018-0010.''
    II. Vehicles Involved: Approximately 414 MY 2015-2019 Spartan
Specialty MM and K2 motorhome chassis manufactured between February 12,
2014, and December 11, 2017, are potentially involved.
    III. Noncompliance: Spartan describes the noncompliance as a
combined volume of air in the service and supply reservoirs in the air
brake system is insufficient to meet the required minimum of twelve
times the combined volume of air from all service brake chambers
specified in paragraph S<IP_ADDRESS> of FMVSS No. 121.
    IV. Rule Requirements: Paragraph S<IP_ADDRESS> of FMVSS No. 121, titled
``Air Brake Systems,'' states that the combined volume of all service
reservoirs and supply reservoirs shall be at least 12 times the
combined volume of all service brake chambers.
    V. Summary Spartan's of Petition: Spartan describes the subject
noncompliance and states its belief that the noncompliance is
inconsequential as it relates to motor vehicle safety because the air
compressor in the subject vehicles has the capacity to replace the
volume of air in the brake system in a relatively short space of time;
brake applications for motorhomes appear to be less frequent than stop-
and-go applications and the lower air capacity may not be noticeable to
the driver nor impact braking performance; and completed subject
vehicles are equipped with dual air gauges as well as a visual and
audible warning system to alert the driver to a loss of air in the air
brake system.
    Spartan first calculates the air reservoir capacity necessary for
its chassis to be compliant with FMVSS No. 121:

    S<IP_ADDRESS> of FMVSS 121, requires the combined volume of all
service reservoirs and supply reservoirs to be at least 12 times the
combined volume of all service brake chambers. The chassis affected
by this condition are equipped with a T-24 brake chamber on the
steer axle, T-30 brake chamber on the drive axle and T-16 brake
chamber on the tag axle. In using the values in Table V of FMVSS
121, the cumulative air capacity of these brake chambers would be
404 [cubic inches]. Multiplying by 12, the needed air reservoir
capacity would be 4848 [cubic inches].

    Spartan also provides a table reflecting its calculations:
---------------------------------------------------------------------------

    \1\ Cu. In. = Cubic Inch.

----------------------------------------------------------------------------------------------------------------
                                                                   FMVSS No. 121     Number of
                       Brake chamber size                           cu. in.\1\    chambers total   Total cu. in.
                                                                     (Table V)        cu. in.
----------------------------------------------------------------------------------------------------------------
T-24............................................................              67               2             134
T-30............................................................              89               2             178
T-16............................................................              46               2              92
                                                                 -----------------------------------------------
    Total Chamber Cu. In........................................  ..............  ..............             404
----------------------------------------------------------------------------------------------------------------
Required Air Reservoir Capacity (using 12 x Multiplier) Cu. In..  ..............  ..............           4,848
Spartan Actual Reservoir Capacity (Cu. In.).....................  ..............  ..............           4,674
Additional Capacity Needed (Cu. In.)............................  ..............  ..............             174
----------------------------------------------------------------------------------------------------------------

    Paragraph S5.1.1 of FMVSS No. 121 specifies that a vehicle must be
equipped with an air compressor of sufficient capacity to increase air
pressure in the supply and service reservoirs from 85 psi to 100 psi
when the engine is operating at the vehicle manufacturer's maximum
recommended revolutions per minute (r.p.m.) within a time, in seconds,
determined by the quotient ((actual reservoir capacity x 25)/required
reservoir capacity). According to Spartan, under this paragraph, the
subject vehicles would be required to have a compressor with enough
capacity to go from 85 psi to 100 psi within 24 seconds ((4,674*25)/
4,848). Using the same equation and the required air reservoir capacity
of 4,848 cubic inches, the air pressure would need to increase from 85
psi to 100 psi within 25 seconds. However, Spartan contends that the
subject vehicles can increase air pressure from 85 psi to 100 psi in
less than 6 seconds, well within the requirement of 25 seconds.
Further, Spartan states that the subject vehicles are configured so the
compressor activates at a pressure set at, or greater than, the minimum
requirement of 100 psi.
    In Spartan's view, the impact of the noncompliance--having 3.5
percent less air reservoir capacity than required--when combined with
the configuration of the activation pressure and the

capacity of the compressor, ``would appear to have an adverse
consequence of a slight increase in air compressor cycling,'' but
``this would be dependent on application of the service brakes.'' To
this point, Spartan further submits that motorhomes (vehicles on which
the noncompliant chassis here would be installed) have a similar duty
cycle to tractor-trailers, where they are driven at highway speeds with
infrequent brake applications. Spartan also notes that motorhomes also
are largely driven from owner residences to campground locations
throughout the traveling season. Accordingly, Spartan contends that
brake applications here would appear to be less frequent than those in
stop-and-go applications. Spartan therefore concludes that the
noncompliant air capacity with a one-second time difference to increase
air pressure may not be noticeable to the driver, and would not impact
the braking performance of the vehicle. Spartan also contends that
completed motorhomes subject to its petition are equipped with two air
gauges that monitor the air system pressure in both system 1 and system
2. In addition to the air gauges, there is both a warning light and an
audible alarm to alert the driver in the event of a low-air condition.
    Based on these assertions, Spartan requests that its petition to be
exempted from notice and remedy obligations under the Safety Act.
    VI. NHTSA's Analysis: The burden of establishing the
inconsequentiality of a failure to comply with a performance
requirement in a standard--as opposed to a labeling requirement with no
performance implications--is more substantial and difficult to meet.
Accordingly, the Agency has not found many such noncompliances
inconsequential.\2\
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    \2\ Cf. Gen. Motors Corporation; Ruling on Petition for
Determination of Inconsequential Noncompliance, 69 FR 19897, 19899
(Apr. 14, 2004) (citing prior cases where noncompliance was expected
to be imperceptible, or nearly so, to vehicle occupants or
approaching drivers).
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    In determining inconsequentiality of a noncompliance, NHTSA focuses
on the safety risk to individuals who experience the type of event
against which the recall would otherwise protect.\3\ In general, NHTSA
does not consider the absence of complaints or injuries as evidence
that the issue is inconsequential to safety. The absence of complaints
does not mean vehicle occupants have not experienced a safety issue,
nor does it mean that there will not be safety issues in the future.\4\
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    \3\ See, e.g., Gen. Motors, LLC; Grant of Petition for Decision
of Inconsequential Noncompliance, 78 FR 35355 (June 12, 2013)
(finding noncompliance had no effect on occupant safety because it
had no effect on the proper operation of the occupant classification
system and the correct deployment of an air bag); Osram Sylvania
Prods. Inc.; Grant of Petition for Decision of Inconsequential
Noncompliance, 78 FR 46000 (July 30, 2013) (finding occupant using
noncompliant light source would not be exposed to significantly
greater risk than occupant using similar compliant light source).
    \4\ See Morgan 3 Wheeler Limited; Denial of Petition for
Decision of Inconsequential Noncompliance, 81 FR 21663, 21666 (Apr.
12, 2016); see also United States v. Gen. Motors Corp., 565 F.2d
754, 759 (D.C. Cir. 1977) (finding defect poses an unreasonable risk
when it ``results in hazards as potentially dangerous as sudden
engine fire, and where there is no dispute that at least some such
hazards, in this case fires, can definitely be expected to occur in
the future'').
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    Arguments that only a small number of vehicles or items of motor
vehicle equipment are affected also do not justify granting of an
inconsequentiality petition.\5\ Similarly, mere assertions that only a
small percentage of vehicles or items of equipment are likely to
actually exhibit a noncompliance are unpersuasive. The percentage of
potential occupants that could be adversely affected by a noncompliance
is not relevant to whether the noncompliance poses an inconsequential
risk to safety. Rather, NHTSA focuses on the consequence to an occupant
who is exposed to the consequence of that noncompliance.\6\
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    \5\ See Mercedes-Benz, U.S.A., L.L.C.; Denial of Application for
Decision of Inconsequential Noncompliance, 66 FR 38342 (July 23,
2001) (rejecting argument that noncompliance was inconsequential
because of the small number of vehicles affected); Aston Martin
Lagonda Ltd.; Denial of Petition for Decision of Inconsequential
Noncompliance, 81 FR 41370 (June 24, 2016) (noting that situations
involving individuals trapped in motor vehicles--while infrequent--
are consequential to safety); Morgan 3 Wheeler Ltd.; Denial of
Petition for Decision of Inconsequential Noncompliance, 81 FR 21663,
21664 (Apr. 12, 2016) (rejecting argument that petition should be
granted because the vehicle was produced in very low numbers and
likely to be operated on a limited basis).
    \6\ See Gen. Motors Corp.; Ruling on Petition for Determination
of Inconsequential Noncompliance, 69 FR 19897, 19900 (Apr. 14,
2004); Cosco Inc.; Denial of Application for Decision of
Inconsequential Noncompliance, 64 FR 29408, 29409 (June 1, 1999).
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    NHTSA has reviewed Spartan's petition, and is denying the petition.
    The purpose of FMVSS No. 121 is to ensure safe braking performance
under normal and emergency conditions. Spartan states that it believes
that the subject noncompliance is inconsequential to motor vehicle
safety even though the air braking system falls short of the required
capacity, in part contending that this deviation does not have an
adverse effect on braking. Spartan contends that even with the
insufficient system capacity, the onboard air compressor has the
capacity to raise the system pressure from 85 psi to 100 psi in a short
interval that is well under the timeframe specified in FMVSS No. 121.
Based on this compressor capacity and the pressure at which the
compressor activates, Spartan contends that the deficient system
capacity would not be noticed under the conditions in which motor homes
are used, or impact braking performance. Spartan also states that
completed subject vehicles are equipped with gauges and a visual and
audible warning system to alert the driver in the event of a loss of
air in the system.
    The Agency does not find Spartan's reasoning persuasive.
    First, Spartan admits that there may be an adverse consequence of a
slight increase in air compressor cycling as a result of the
noncompliant air reservoir capacity. Spartan qualifies this by stating
that whether there may be such an adverse consequence depends on the
application of the service brakes. To this point, Spartan observes that
brake applications in the subject vehicles ``would appear to be less
frequent than those stop and go applications,'' rendering the time
difference to increase air pressure potentially unnoticeable by the
driver and not impactful on braking performance. Spartan provided no
additional information or data here to support this notion, however.
Even assuming that brake application in the subject vehicles as
described by Spartan is generally true, Spartan also did not provide
evidence that such applications would be true of every affected
vehicle. In addition, as a general matter, Spartan provided no test
data to support the assertions in its petition. Furthermore, Spartan
fails to acknowledge that unsafe conditions could exist while the
vehicles are driven under stop-and-go conditions which may increase the
risk of crashes or injury.
    Second, while Spartan observes that the completed subject vehicles
are installed with air gauges to monitor air system pressure, as well
as a warning light and audible alarm to alert drivers of a low air
condition, Spartan does not explain how driver awareness of a low air
condition would serve to mitigate the potential consequences of the
noncompliance.
    And third, that the system may meet or exceed FMVSS No. 121's
requirements for the time in which the compressor can recharge the
system does not excuse the failure to meet system capacity
requirements. While compressor output may be such that lesser system
capacity may appear unnoticeable in normal braking and in the
``typical'' use scenario put forward by Spartan, FMVSS No. 121 seeks to

ensure motor vehicle safety in atypical and emergency use conditions as
well. In some catastrophic failures--such as compressor and system
valve failure--the presence of an adequate air reserve as required by
S<IP_ADDRESS> would provide critical braking capacity for these large
vehicles. A vehicular crash is a potential consequence of an inadequate
air reserve in the event that critical braking is required, and a
recall would otherwise protect against such an event.
    VII. NHTSA's Decision: In consideration of the foregoing, NHTSA has
decided that Spartan has not met its burden of persuasion that the
subject FMVSS No. 121 noncompliance is inconsequential to motor vehicle
safety. Accordingly, Spartan's petition is hereby denied. Spartan is
obligated to provide notification of, and free remedy for, that
noncompliance under 49 U.S.C. 30118 and 30120.

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

Anne L. Collins,
Associate Administrator for Enforcement.
[FR Doc. 2022-22453 Filed 10-14-22; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register: December 31, 2007 (Volume 72, Number 249)]
[Notices]
[Page 74281-74282]
[DOCID:fr31de07-43]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2197-073--North Carolina; Yadkin Hydroelectric Project]

Alcoa Power Generating, Inc.; Notice of Proposed Restricted
Service List for a Programmatic Agreement for Managing Properties
Included in or Eligible for Inclusion in the National Register of
Historic Places

December 20, 2007.
    Rule 2010 of the Federal Energy Regulatory Commission's
(Commission) Rules of Practice and Procedure provides that, to
eliminate unnecessary expense or improve administrative

efficiency, the Secretary may establish a restricted service list for a
particular phase or issue in a proceeding.\1\ The restricted service
list should contain the names of persons on the service list who, in
the judgment of the decisional authority establishing the list, are
active participants with respect to the phase or issue in the
proceeding for which the list is established.
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    \1\ 18 CFR section 385.210.
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    The Commission staff is consulting with the North Carolina State
Historic Preservation Officer (hereinafter, SHPO) and the Advisory
Council on Historic Preservation (hereinafter, Council) pursuant to the
Council's regulations, 36 CFR part 800, implementing section 106 of the
National Historic Preservation Act, as amended, (16 U.S.C. 470 f), to
prepare and execute a programmatic agreement for managing properties
included in, or eligible for inclusion in, the National Register of
Historic Places at the Yadkin Hydroelectric Project No. 2197-073 (SHPO
Reference Number ER03-1246).
    The programmatic agreement, when executed by the Commission and the
SHPO would satisfy the Commission's section 106 responsibilities for
all individual undertakings carried out in accordance with the license
until the license expires or is terminated (36 CFR 800.13[e]). The
Commission's responsibilities pursuant to section 106 for the Yadkin
Project would be fulfilled through the programmatic agreement, which
the Commission proposes to draft in consultation with certain parties
listed below. The executed programmatic agreement would be incorporated
into any Order issuing a license.
    Alcoa Power Generating, Inc., as licensee for Yadkin Hydroelectric
Project No. 2197, the United States Forest Service, the Catawba Indian
Nation, Badin Historic Museum, Inc., and the Trading Ford Historic
District Preservation Association have expressed an interest in this
proceeding and are invited to participate in consultations to develop
the programmatic agreement.
    For purposes of commenting on the programmatic agreement, we
propose to restrict the service list for the aforementioned project as
follows:

Don Klima or Representative, Advisory Council on Historic Preservation,
The Old Post Office Building, Suite 803, 1100 Pennsylvania Avenue, NW.,
Washington, DC 20004
Gene Ellis or Representative, ALCOA Power Generating Inc., PO Box 576,
Badin, NC 28009-0576
Ann Brownlee, President, Trading Ford Historic District, Preservation
Association, 400 Lantz Ave, Salisbury, NC 28144
Renee Gledhill-Earley, North Carolina Department of Cultural Resources
4617 Mail Service Center, Raleigh, NC 27699-4617
Dr. Wenonah G. Haire or Representative, CIN THPO, 1536 Tom Stevens Rd,
Rock Hill, SC 29730
Badin Historic Museum, Inc., C/O: Bridget Huckabee, P. O. Box 1553,
Badin NC 28009
Rodney Snedeker or Representative, United States Forest Service, 160A
Zillicoa Street, Ashville, NC 28801

    Any person on the official service list for the above-captioned
proceeding may request inclusion on the restricted service list, or may
request that a restricted service list not be established, by filing a
motion to that effect within 15 days of this notice date. In a request
for inclusion, please identify the reason(s) why there is an interest
to be included. Also please identify any concerns about historic
properties, including Traditional Cultural Properties. If historic
properties are to be identified within the motion, please use a
separate page, and label it NON-PUBLIC Information.
    An original and 8 copies of any such motion must be filed with
Kimberly D. Bose, the Secretary of the Commission (888 First Street,
NE., Washington, DC 20426) and must be served on each person whose name
appears on the official service list. Please put the project name
``Yadkin Hydroelectric Project'' and number ``P-2197-073'' on the front
cover of any motion. Motions may be filed electronically via the
Internet in lieu of paper. The Commission strongly encourages
electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions
on the Commission's Web site (http://www.ferc.gov) under the ``e-

Filing'' link.
    If no such motions are filed, the restricted service list will be
effective at the end of the 15 day period. Otherwise, a further notice
will be issued ruling on any motion or motions filed within the 15 day
period.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-25322 Filed 12-28-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 48 (Friday, March 11, 2022)]
[Notices]
[Pages 13999-14000]
[FR Doc No: 2022-05167]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-1819-032; ER10-1817-025; ER10-1818-028; ER10-
1820-035.
    Applicants: Northern States Power Company, a Wisconsin corporation,
Public Service Company of Colorado, Southwestern Public Service
Company, Northern States Power Company, a Minnesota corporation.
    Description: Notice of Change in Status of Northern States Power
Company, a Minnesota corporation, et al.
    Filed Date: 3/3/22.
    Accession Number: 20220303-5248.
    Comment Date: 5 p.m. ET 3/24/22.

    Docket Numbers: ER10-2783-017; ER10-2264-009; ER10-2359-010; ER10-
2798-016; ER10-2799-016; ER10-2878-016; ER10-2879-016; ER10-2960-013;
ER10-2969-017; ER18-2418-005; ER21-2423-004; ER21-2424-004.
    Applicants: Generation Bridge M&M Holdings, LLC, Generation Bridge
Connecticut Holdings, LLC, Great River Hydro, LLC, Oswego Harbor Power
LLC, Astoria Generating Company, L.P., Montville Power LLC, Middleton
Power LLC, Devon Power LLC, Connecticut Jet Power LLC, Sunrise Power
Company, LLC, Long Beach Generation LLC, Arthur Kill Power LLC.
    Description: Notice of Change in Status of Arthur Kill Power LLC,
et al.
    Filed Date: 3/3/22.
    Accession Number: 20220303-5241.
    Comment Date: 5 p.m. ET 3/24/22.

    Docket Numbers: ER10-2794-035; ER12-1825-033; ER14-2672-020.
    Applicants: EDF Energy Services, LLC, EDF Industrial Power Services
(CA), LLC, EDF Trading North America, LLC.

    Description: Notice of Change in Status of EDF Trading North
America, LLC, et al.
    Filed Date: 3/3/22.
    Accession Number: 20220303-5245.
    Comment Date: 5 pm ET 3/24/22.

    Docket Numbers: ER11-2375-002.
    Applicants: Consolidated Edison Company of New York, Inc.
    Description: Notice of Non-Material Change in Status of
Consolidated Edison Company of New York, Inc.
    Filed Date: 3/3/22.
    Accession Number: 20220303-5247.
    Comment Date: 5 p.m. ET 3/24/22.

    Docket Numbers: ER11-2753-008; ER12-1316-007.
    Applicants: Silver State Solar Power North, LLC, Cedar Point Wind,
LLC.
    Description: Notice of Non-Material Change in Status of Cedar Point
Wind, LLC, et al.
    Filed Date: 3/3/22.
    Accession Number: 20220303-5246.
    Comment Date: 5 p.m. ET 3/24/22.

    Docket Numbers: ER14-2140-012; ER14-2141-012; ER14-2465-014; ER14-
2466-014; ER14-2939-011; ER15-632-013; ER15-634-013; ER15-1952-010;
ER15-2728-013.
    Applicants: Maricopa West Solar PV, LLC, Pavant Solar LLC,
Cottonwood Solar, LLC, CID Solar, LLC, Imperial Valley Solar Company
(IVSC) 2, LLC, RE Camelot LLC, RE Columbia Two LLC, Selmer Farm, LLC,
Mulberry Farm, LLC.
    Description: Notice of Non-Material Change in Status of CID Solar,
LLC, et al.
    Filed Date: 3/3/22.
    Accession Number: 20220303-5244.
    Comment Date: 5 p.m. ET 3/24/22.

    Docket Numbers: ER17-1742-000; ER20-2510-000; ER13-2490-003; ER19-
2671-000; ER19-2672-000; ER20-2512-000; ER20-2515-000; ER19-2595-000;
ER19-2670-000; ER20-2663-000; ER17-311-000; ER20-1073-000; ER21-2408-
000; ER21-2409-000; ER21-2407-000; ER21-2406-000; ER21-2638-000; ER17-
1742-004; ER20-2510-002; ER13-2490-008; ER19-2671-003; ER19-2672-003;
ER20-2512-002; ER20-2515-002; ER19-2595-003; ER19-2670-003; ER20-2663-
002; ER17-311-004; ER20-1073-002; ER21-2408-001; ER21-2409-001; ER21-
2407-001; ER21-2406-001; ER21-2638-001.
    Applicants: SR Perry, LLC, Lancaster Solar LLC, SR Georgia
Portfolio II Lessee, LLC, SR Snipesville II, LLC, SR Lumpkin, LLC, SR
Terrell, LLC, SR South Loving LLC, SR Snipesville, LLC, SR Meridian
III, LLC, SR Hazlehurst III, LLC, SR Georgia Portfolio I MT, LLC, SR
Baxley, LLC, SR Arlington II MT, LLC, SR Arlington II, LLC, Simon
Solar, LLC, Odom Solar LLC, Hattiesburg Farm, LLC.
    Description: Notice of Change in Status of Hattiesburg Farm, LLC,
et al.
    Filed Date: 3/3/22.
    Accession Number: 20220303-5242.
    Comment Date: 5 p.m. ET 3/24/22.

    Docket Numbers: ER18-140-008; ER11-3406-008; ER11-3407-008; ER12-
1865-009; ER12-1923-007; ER12-1925-007; ER20-3036-001; ER20-3037-001.
    Applicants: Vopak Industrial Infrastructure Americas St. Charles,
LLC, Vopak Industrial Infrastructure Americas Plaquemine, LLC, Patton
Wind Farm, LLC, Big Savage, LLC, Mustang Hills, LLC, Howard Wind LLC,
Highland North LLC, Lackawanna Energy Center LLC.
    Description: Notice of Change in Status of Lackawanna Energy Center
LLC, et al.
    Filed Date: 3/3/22.
    Accession Number: 20220303-5249.
    Comment Date: 5 p.m. ET 3/24/22.

    Docket Numbers: ER21-1915-001.
    Applicants: Big Sky Wind, LLC.
    Description: Notice of Change in Status of Big Sky Wind, LLC.
    Filed Date: 3/3/22.
    Accession Number: 20220303-5243.
    Comment Date: 5 p.m. ET 3/24/22.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: March 7, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-05167 Filed 3-10-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: January 26, 2009 (Volume 74, Number 15)]
[Notices]
[Page 4425]
[DOCID:fr26ja09-40]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IN09-10-000]

National Fuel Marketing Company, LLC; NFM Midstream, LLC; NFM
Texas Pipeline, LLC; NFM Texas Gathering, LLC; Notice of Designation of
Commission Staff as Non-Decisional

January 15, 2009.
    With respect to an order issued by the Commission today in the
above-captioned docket, with the exceptions noted below, the staff of
the Office of Enforcement's Division of Investigations (DOI) and Jerome
Pederson, Acting Deputy Director, Office of Enforcement, are designated
as non-decisional in deliberations by the Commission in this docket.
Accordingly, pursuant to 18 CFR 385.2202 (2008), they will not serve as
advisors to the Commission or take part in the Commission's review of
any offer of settlement. Likewise, as non-decisional staff, pursuant to
18 CFR 385.2201 (2008), they are prohibited from communicating with
advisory staff concerning any deliberations in this docket. Exceptions
in DOI to this designation are: Robert E. Pease, Todd Mullins, Suzanne
McNamara, Tegan Flynn, Lauren Rosenblatt, John Hutchings, Renee Thorne.

Kimberly D. Bose,
Secretary.
 [FR Doc. E9-1471 Filed 1-23-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: March 12, 2008 (Volume 73, Number 49)]
[Rules and Regulations]
[Page 13132-13136]
[DOCID:fr12mr08-31]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-2005-0036; FRL-8542-1]
RIN 2060-AO89

Control of Hazardous Air Pollutants From Mobile Sources: Early
Credit Technology Requirement Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to revise the February 26,
2007 mobile source air toxics rule's requirements that specify the
benzene control technologies that qualify a refiner to generate early
benzene credits. This action will allow another specific benzene
control technology, benzene alkylation, in addition to the four
operational or technological changes that the 2007 rule currently
allows. This action also includes a general provision that allows a
refiner to submit a request to EPA to approve other benzene-reducing
operational changes or technologies for the purpose of generating early
credits.

DATES: This direct final rule is effective on May 12, 2008, without
further notice, unless EPA receives adverse comment by April 11, 2008.
If EPA receives adverse comment, we will publish a timely withdrawal in
the Federal Register informing the public that the rule will not take
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
2005-0036, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: EPA-HQ-2005-0036, Environmental Protection Agency,
Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center (EPA/DC), EPA
Headquarters Library, Room 3334 West Building, 1301 Constitution Ave.,
NW., Washington, DC 20004. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-2005-
0036. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online 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 http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
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 http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public 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.
    For additional instructions on submitting comments, go to section
1.B of the SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. 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. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy at the Air Docket, EPA/DC, EPA West, Room 3334, 1301
Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room
is open from 8:30 a.m. to 4:30 p.m., Eastern Standard Time, Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is<PHONE_NUMBER>, and the telephone number for the
Air Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Christine Brunner, Office of
Transportation and Air Quality, Assessment and Standards Division,
Environmental Protection Agency, 2000 Traverwood, Ann Arbor, MI 48105;
telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>Alternative contact: Assessment and
Standards Division Hotline, telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Why is EPA Using a Direct Final Rule?

    EPA is publishing this rule without prior proposal because we view
this as a non-controversial action and anticipate no adverse comment.
However, in the ``Proposed Rules'' section of today's Federal Register
publication, we are publishing a separate document that will serve as
the proposed rule to adopt the provisions in this direct final rule if
adverse comments are filed. We will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time. For further information about commenting on this rule,
see the ADDRESSES section of this document.
    If EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that this
direct final rule will not take effect. We would address all public

comments in a subsequent final rule based on the proposed rule.

Does This Action Apply to Me?

    This action may affect you if you produce gasoline. The following
table gives some examples of entities that may have to follow the
regulations.

----------------------------------------------------------------------------------------------------------------
                                                   NAICS \1\                         Examples of potentially
                   Category                          codes       SIC \2\ codes         regulated entities
----------------------------------------------------------------------------------------------------------------
Industry......................................          324110            2911  Petroleum Refiners.
----------------------------------------------------------------------------------------------------------------
\1\ North American Industry Classification System (NAICS).
\2\ Standard Industrial Classification (SIC) system code.

    This table is not intended to be exhaustive, but provides a guide
for readers regarding entities likely to be regulated by this action.
This table lists the types of entities that EPA is now aware could
potentially be affected by this action. Other types of entities not
listed in the table could also be affected. To decide whether your
organization might be affected by this action, you should carefully
examine today's action and the existing regulations in 40 CFR part 80.
If you have any questions regarding the applicability of this action to
a particular entity, consult the persons listed in the preceding FOR
FURTHER INFORMATION CONTACT section.

What Should I Consider as I Prepare My Comments for EPA?

    A. Submitting CBI. Do not submit this information to EPA through
http://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.
    B. Tips for Preparing Your Comments. When submitting comments,
remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     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.
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.
    C. Docket Copying Costs. You may be charged a reasonable fee for
photocopying docket materials, as provided in 40 CFR part 2.

Outline of This Preamble

I. Background
II. Today's Action
III. Environmental and Economic Impact
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children from
Environmental Health & Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Congressional Review Act
Statutory Provisions and Legal Authority
List of Subjects

I. Background

    The Mobile Source Air Toxics rule (MSAT2), published on February
26, 2007 (72 FR 8428), requires that refiners and importers produce
gasoline that has an annual average benzene content of 0.62 volume
percent (vol%) or less, beginning in 2011. (See Sec.  80.1230(a).) The
rule also requires that no refiner or importer have an actual average
gasoline benzene level greater than 1.3 volume percent. After achieving
an actual annual average benzene level of 1.3 vol%, refiners and
importers may use benzene credits to reduce their average benzene level
to 0.62 vol%. Refiners may generate benzene credits for their own use
or to sell to others, in two ways. Once the program begins in 2011, a
refiner generates credits (known as standard credits) when its average
annual gasoline benzene level is less than 0.62 vol%. Importers can
also generate standard credits. Refiners may also generate credits
prior to 2011.\1\ These credits are called early credits. The final
rule allowed for the generation of early benzene credits in any annual
averaging period prior to 2011 (i.e., 2008, 2009, and 2010), as well as
for the partial year period June 1-December 31, 2007. Early credits are
generated on a refinery basis. In order to generate early credits, a
refinery must meet several requirements:
---------------------------------------------------------------------------

    \1\ Importers are not allowed to generate early credits because
they do not have the ability to make the benzene reduction
technology changes that would lower benzene levels in the gasoline
pool.
---------------------------------------------------------------------------

    (1) Establish a benzene baseline based on the average benzene level
of the gasoline produced at the refinery during the two-year period
2004-05. (See Sec.  80.1285.)
    (2) Make operational changes or improvements in benzene control
technology that will result in real benzene reductions. (See Sec.
80.1275(d).)
    (3) Achieve an annual average benzene level at least 10% lower than
its baseline level. (See Sec.  80.1275(a).)
    In Sec.  80.1275(d)(1) of the MSAT2 final rule, we specified four
types of operational changes and benzene control technology
improvements that would allow a refinery to qualify for generating
early credits if it implemented the changes after 2005 and if it also
met the other related requirements. These operational changes and
technology improvements are:
    (1) Treating the heavy straight run naphtha entering the reformer
using light naphtha splitting and/or isomerization.
    (2) Treating the reformate stream exiting the reformer using
benzene extraction or benzene saturation.

    (3) Directing additional refinery streams to the reformer for
treatment as described in (1) and (2) above.
    (4) Directing reformate streams to other refineries with treatment
capabilities as described in (2) above.
    We included in this list all the strategies we thought would reduce
benzene and be cost-effective. The provision was intended to not allow
early credit generation solely by benzene reductions achieved through
ethanol blending. A refinery needs to implement at least one of the
listed improvements.
    The final rule did not provide a way for EPA to consider
alternative means of reducing benzene, no matter how efficacious the
alternative might be. Soon after the rule was finalized, it came to our
attention that at least one refinery had plans to install benzene
alkylation technology. Benzene alkylation is not one of the four
operational or technological changes enumerated in the final rule.
Although EPA regards benzene alkylation as a legitimate benzene
reduction technology, we did not expect it to be used. (See the
Regulatory Impact Analysis (EPA420-R-07-002, February 2007), Chapter 6,
Page 36.)

II. Today's Action

    We published a Questions and Answers document related to the MSAT2
program on August 16, 2007. (http://epa.gov/otaq/regs/toxics/
420f07053.pdf) In that document, we specifically addressed benzene
alkylation and indicated that benzene alkylation meets the intent of
the technology requirement for early credits. As discussed in the
preamble of the final rule, early credits are generated based on
innovations in gasoline benzene control technology that result in real
benzene reductions prior to the start of the program in 2011. (See 72
FR 8486.) The use of benzene alkylation directly results in lower
gasoline benzene levels.
    Today's action revises Sec.  80.1275(d)(1) to include benzene
alkylation in the list of acceptable reduction operational and
technological strategies. We have also included a general provision
that would allow a refiner to petition EPA to use an operational or
technological change that is not listed in the regulation for the
purpose of generating early credits. The refiner would have to
demonstrate that the benzene control technology improvement or
operational change results in a net reduction in the refinery's average
gasoline benzene level, exclusive of benzene reductions due simply to
blending practices. The petition would have to be submitted to EPA
prior to the start of the first averaging period in which the refinery
plans to generate early credits. EPA expects it would act on such a
petition before the end of that averaging period. The refiner would
also have to provide additional information requested by EPA.
    The other requirements for generating early credits are unchanged.
These include submitting a benzene baseline, reducing the refinery's
baseline benzene level by at least 10% in a given averaging period, and
not moving gasoline or blendstock streams between refineries for the
purpose of generating early credits. (See 72 FR 8486.)

III. Environmental and Economic Impact

    We believe there will be no negative environmental or economic
impacts of today's action. This action will allow those companies that
have alternative means or strategies for reducing gasoline benzene to
request EPA approval to use them for the purpose of generating early
benzene credits. Average gasoline benzene levels from such refiners
will decrease faster and earlier than if they had not generated early
credits, and such credits will help provide for a robust credit pool
when the program starts in 2011.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action revises the February 26, 2007 mobile source air toxics
rule's requirements that specify the benzene control technologies that
qualify a refiner to generate early benzene credits. It allows another
specific benzene control technology, benzene alkylation, to be used for
the purpose of generating early credits, and allows a refiner to submit
a request to EPA to approve other benzene-reducing operational changes
or technologies for the purpose of generating early credits. This
action is not expected to have an annual impact on the economy of more
than $100 million, nor does it raise any novel legal or policy issues.
This action is not a ``significant regulatory action'' under the terms
of Executive Order 12866 (58 FR 51735, October 4, 1993) and therefore
not subject to review under the Executive Order.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
because the amendments in this rule do not change the information
collection requirements of the underlying rule.
    Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    EPA has determined that it is not necessary to prepare a regulatory
flexibility analysis in connection with this final rule because this
action will not have a significant economic impact on a substantial
number of small entities.
    For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A petroleum refining company
with fewer than 1500 employees or a petroleum wholesaler or broker with
fewer than 100 employees, based on the North American Industrial
Classification System (NAICS); (2) a small governmental jurisdiction
that is a government of a city, county, town, school district or
special district with a population of less than 50,000; and (3) a small
organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or

to the private sector, of $100 million or more in any one year. Before
promulgating an EPA rule for which a written statement is needed,
section 205 of the UMRA generally requires EPA to identify and consider
a reasonable number of regulatory alternatives and adopt the least
costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
    Today's rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local, or tribal
governments or the private sector. EPA has determined that this rule
does not contain a Federal mandate that may result in expenditures of
$100 million or more for State, local, and tribal governments, in the
aggregate, or the private sector in any one year. Today's action simply
modifies the original rule in a limited manner, and does not
significantly change the original rule. Thus, today's final rule is not
subject to the requirements of sections 202 and 205 of the UMRA.
    EPA has determined that this rule contains no regulatory
requirements that might significantly or uniquely affect small
governments, because it applies only to parties that produce gasoline.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
    This final rule does not have federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. The rule amends existing
regulatory provisions applicable only to producers of gasoline and does
not alter State authority to regulate these entities. The amendments
will impose no direct costs on State or local governments. Thus,
Executive Order 13132 does not apply to this rule.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
    This final rule does not have tribal implications, as specified in
Executive Order 13175. It will not have substantial direct effects on
tribal governments, on the relationship between the Federal government
and Indian tribes, or on the distribution of power and responsibilities
between the Federal government and Indian tribes, as specified in
Executive Order 13175. This rule amends existing regulatory provisions
applicable only to producers of gasoline and will impose no direct
costs on tribal governments. Thus, Executive Order 13175 does not apply
to this rule.

G. Executive Order 13045: Protection of Children From Environmental
Health & Safety Risks

    Executive Order 13045: ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
    This rule is not subject to Executive Order 13045 because it is not
an economically significant regulatory action as defined in Executive
Order 12866.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
    This action does not involve technical standards. Therefore, EPA
did not consider the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or

environmental effects of their programs, policies and activities on
minority populations and low-income populations in the United States.
    EPA has determined that this rule will not have disproportionately
high and adverse human health or environmental effects on minority or
low-income populations. We believe there will be no negative
environmental or economic impacts resulting from today's action
compared to the February 26, 2007 rule this action modifies.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A Major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This final rule will be effective on May 12, 2008.

Statutory Provisions and Legal Authority

    The statutory authority for the fuels controls in today's final
rule can be found in sections 202 and 211(c) of the Clean Air Act
(CAA), as amended. Support for any procedural and enforcement-related
aspects of the fuel controls in today's rule, including recordkeeping
requirements, comes from sections 114(a) and 301(a) of the CAA.

List of Subjects in 40 CFR Part 80

    Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Fuel
additives, Gasoline, Imports, Labeling, Motor vehicle fuel, Motor
vehicle pollution, Penalties, Reporting and recordkeeping requirements.

    Dated: March 6, 2008
Stephen L. Johnson,
Administrator.

0
For the reasons set forth in the preamble, 40 CFR part 80 is amended as
set forth below:

PART 80--REGULATION OF FUELS AND FUEL ADDITIVES

0
1. The authority citation for part 80 continues to read as follows:

    Authority: 42 U.S.C. 7414, 7542, 7545 and 7601(a).

0
2. Section 80.1275 is amended as follows:
0
a. By adding paragraph (d)(1)(v).
0
b. By redesignating paragraph (d)(2) as paragraph (d)(3).
0
c. By adding paragraph (d)(2).

Sec.  80.1275  How are early benzene credits generated?

* * * * *
    (d) * * *
    (1) * * *
    (v) Providing for benzene alkylation.
    (2)(i) A refiner may petition EPA to approve, for purposes of
paragraph (d)(1) of this section, the use of operational changes and/or
improvements in benzene control technology that are not listed in
paragraph (d)(1) of this section to reduce gasoline benzene levels at a
refinery.
    (ii) The petition specified in paragraph (d)(2)(i) of this section
must be sent to: U.S. EPA, NVFEL-ASD, Attn: MSAT2 Early Credit Benzene
Reduction Technology, 2000 Traverwood Dr., Ann Arbor, MI 48105.
    (iii) The petition specified in paragraph (d)(2)(i) of this section
must show how the benzene control technology improvement or operational
change results in a net reduction in the refinery's average gasoline
benzene level, exclusive of benzene reductions due simply to blending
practices.
    (iv) The petition specified in paragraph (d)(2)(i) of this section
must be submitted to EPA prior to the start of the first averaging
period in which the refinery plans to generate early credits.
    (v) The refiner must provide additional information as requested by
EPA.
    (3) Has not included gasoline blendstock streams transferred to,
from, or between refineries, except as noted in paragraph (d)(1)(iv) of
this section.
* * * * *

 [FR Doc. E8-4917 Filed 3-11-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: September 11, 2006 (Volume 71, Number 175)]
[Notices]
[Page 53446-53447]
[DOCID:fr11se06-71]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application Accepted for Filing and Soliciting Motions
To Intervene, Protests, and Comments

August 30, 2006.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 12678-000.
    c. Date filed: May 30, 2006.
    d. Applicant: Ocean Renewable Power Company Alaska, LLC.
    e. Name of Project: Resurrection Bay OCGenTM Power
Project.
    f. Location: The project would be located in Resurrection Bay in
the Gulf of Alaska between Aialik Peninsula and Resurrection Peninsula,
in Kenai Peninsula Borough, Alaska.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contacts: Mr. Paul Wells, Ocean Renewable Power
Company, LLC, 2430 NE 199th Street, N. Miami Beach, FL 33180, phone
(305) 936-1515, Mr. Christopher Sauer, Ocean Renewable Power Company,
LLC, 2723 W. Jetton Ave, Tampa, FL 33629, phone<PHONE_NUMBER>, Ms.
Mary McCann, Devine Tarbell and Associates, 970 Baxter Blvd., Portland,
ME 04103, phone<PHONE_NUMBER>.
    i. FERC Contact: Chris Yeakel,<PHONE_NUMBER>.
    j. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Description of Project: The proposed project would consist of:
(1) 100 to 150 ocean current generation (OCGenTM) modules
each approximately 13 feet-wide, 49 feet-long, and 11 feet-high,
consisting of, (2) an anchoring support structure, (3) two horizontally
mounted turbines, (4) an integrated generator with a maximum capacity
of 158 kilowatts, and (5) 69 kilovolt interconnection transmission
lines. The project is estimated to have an annual generation of 466
megawatt-hours per-unit per-year.
    l. Locations of Applications: A copy of the application is
available for inspection and reproduction at the Commission in the
Public Reference Room, located at 888 First Street, NE., Room 2A,
Washington, DC 20426, or by calling<PHONE_NUMBER>. This filing may
also be viewed on the Commission's Web site at http://www.ferc.gov

using the ``eLibrary'' link. Enter the docket number excluding the last
three digits in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the address in item h
above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Competing Preliminary Permit: Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR
4.30(b) and 4.36.
    o. Competing Development Application: Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30(b) and 4.36.
    p. Notice of Intent: A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    q. Proposed Scope of Studies under Permit: A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    r. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper; See 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's web site under ``e-filing'' link.
The Commission strongly encourages electronic filing.
    s. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``RECOMMENDATIONS
FOR TERMS AND CONDITIONS'', ``PROTEST'', ``COMPETING APPLICATION'' or
``MOTION TO INTERVENE'', as applicable, and the Project Number of the
particular application to which the filing refers.
    Any of the above-named documents must be filed by providing the
original and the number of copies provided by the Commission's
regulations to: The Secretary, Federal Energy Regulatory Commission,
888 First Street, NE.,

Washington, DC 20426. A copy of any motion to intervene must also be
served upon each representative of the Applicant specified in the
particular application.
    t. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-14954 Filed 9-8-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 243 (Tuesday, December 20, 2022)]
[Notices]
[Pages 77919-77920]
[FR Doc No: 2022-27537]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2022-0045]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to exempt 13 individuals from the
requirement in the Federal Motor Carrier Safety Regulations (FMCSRs)
that interstate commercial motor vehicle (CMV) drivers have ``no
established medical history or clinical diagnosis of epilepsy or any
other condition which is likely to cause loss of consciousness or any
loss of ability to control a CMV.'' The exemptions enable these
individuals who have had one or more seizures and are taking anti-
seizure medication to operate CMVs in interstate commerce.

DATES: The exemptions were applicable on December 12, 2022. The
exemptions expire on December 12, 2024.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Room
W64-224, Washington, DC 20590-0001,<PHONE_NUMBER>,
[email protected]. Office hours are from 8:30 a.m. to 5 p.m. ET
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Dockets
Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number, (FMCSA-2022-0045) in the keyword box and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click ``Browse Comments.'' If you do not have access
to the internet, you may view the docket online by visiting Dockets
Operations in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between
9 a.m. and 5 p.m. ET Monday through Friday, except Federal holidays. To
be sure someone is there to help you, please call<PHONE_NUMBER> or
(202) 366-9826 before visiting Dockets Operations.

B. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public on the exemption requests. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov. As described in the system of records
notice DOT/ALL 14 (Federal Docket Management System (FDMS)), which can
be reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the
name of the submitter.

II. Background

    On November 1, 2022, FMCSA published a notice announcing receipt of
applications from 13 individuals requesting an exemption from the
epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) and
requested comments from the public (87 FR 65847). The public comment
period ended on December 1, 2022, and no comments were received.
    FMCSA has evaluated the eligibility of these applicants and
determined that granting exemptions to these individuals would likely
achieve a level of safety equivalent to, or greater than, the level
that would be achieved by complying with Sec.  391.41(b)(8).
    The physical qualification standard for drivers regarding epilepsy
found in Sec.  391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist medical examiners (MEs) in determining whether
drivers with certain medical conditions are qualified to operate a CMV
in interstate commerce.
---------------------------------------------------------------------------

    \1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8),
paragraphs 3, 4, and 5, which is available on the internet at
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statutes allow the Agency to renew exemptions at the end
of the 5-year period. However, FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The Agency's decision regarding these exemption applications is
based on the 2007 recommendations of the Agency's Medical Expert Panel.
The Agency conducted an individualized assessment of each applicant's
medical information, including the root cause of the respective
seizure(s) and medical information about the applicant's seizure
history, the length of time that has elapsed since the individual's
last seizure, the stability of each individual's treatment regimen and
the duration of time on or off of anti-seizure medication. In addition,
the Agency reviewed the treating clinician's medical opinion related to
the ability of the driver to safely operate a CMV with a history of
seizure and each applicant's driving record found in the commercial
driver's license Information System for commercial driver's license
(CDL) holders, and interstate and intrastate inspections recorded in
the Motor

Carrier Management Information System. For non-CDL holders, the Agency
reviewed the driving records from the State Driver's Licensing Agency.
A summary of each applicant's seizure history was discussed in the
November 1, 2022, Federal Register notice (87 FR 65847) and will not be
repeated in this notice.
    These 13 applicants have been seizure-free over a range of 8 to 38
years while taking anti-seizure medication and maintained a stable
medication treatment regimen for the last 2 years. In each case, the
applicant's treating physician verified their seizure history and
supports the ability to drive commercially.
    The Agency acknowledges the potential consequences of a driver
experiencing a seizure while operating a CMV. However, the Agency
believes the drivers granted this exemption have demonstrated that they
are unlikely to have a seizure and their medical condition does not
pose a risk to public safety.
    Consequently, FMCSA finds further that in each case exempting these
applicants from the epilepsy and seizure disorder prohibition in Sec.
391.41(b)(8) would likely achieve a level of safety equal to that
existing without the exemption, consistent with the applicable standard
in 49 U.S.C. 31315(b)(1).

V. Conditions and Requirements

    The terms and conditions of the exemption are provided to the
applicants in the exemption document and include the following: (1)
each driver must remain seizure-free and maintain a stable treatment
during the 2-year exemption period; (2) each driver must submit annual
reports from their treating physicians attesting to the stability of
treatment and that the driver has remained seizure-free; (3) each
driver must undergo an annual medical examination by a certified ME, as
defined by Sec.  390.5T; and (4) each driver must provide a copy of the
annual medical certification to the employer for retention in the
driver's qualification file, or keep a copy of his/her driver's
qualification file if he/she is self-employed. The driver must also
have a copy of the exemption when driving, for presentation to a duly
authorized Federal, State, or local enforcement official.

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the 13 exemption applications, FMCSA
exempts the following drivers from the epilepsy and seizure disorder
prohibition in Sec.  391.41(b)(8), subject to the requirements cited
above:

Diane Berggren (OR)
Ryan Freedman (MI)
Jake Higginbotham (NV)
Keith Maat (KS)
Andrew Rieschick (NV)
David Shively (VA)
Carsten Thode (WA)
Ralph Bollman (PA)
Jared Friedman (NY)
Matthew Jacobson (PA)
Matthew Raymond (NY)
Steven Schultz (IL)
Stephen St. Marthe (NC)

    In accordance with 49 U.S.C. 31315(b), each exemption will be valid
for 2 years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (1) the person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136, 49
U.S.C. chapter 313, or the FMCSRs.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-27537 Filed 12-19-22; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 82, Number 87 (Monday, May 8, 2017)]
[Notices]
[Pages 21385-21386]
[FR Doc No: 2017-09179]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0393; FRL-9958-71]

Registration Review Draft Risk Assessments for Linuron and
Several Pyrethroids; Re-opening of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; re-opening of comment period.

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

SUMMARY: In the Federal Register of November 29, 2016, EPA announced
the availability of and solicited public comment on the registration
review draft risk assessments for a number of pesticide chemicals,
including several pyrethroid insecticides listed in Table 1 of Unit II.
and the herbicide linuron listed in Table 2 of Unit II. This document
re-opens the comment period on the ecological risk assessment for the
pyrethroid chemicals for 60 days; and re-opens the comment period on
the human health and ecological risk assessments for the chemical
linuron for 30 days. EPA is re-opening these comment periods in
response to a number of extension requests received from various
stakeholders who have cited reasons including the difficulty of
commenting due to the length, quantity, and complexity of the
assessments for these particular chemicals, in addition to resource and
time constraints.

DATES: Comments must be received on or before July 7, 2017 for the
ecological risk assessment for the pyrethroid chemicals listed in Table
1 of Unit II.; and on or before June 7, 2017 for the human health and
ecological risk assessments for the chemical linuron listed in Table 2
of Unit II.

ADDRESSES: Submit your comments, identified by the relevant chemical-
specific docket identification (ID) number(s) from Table 1 and Table 2
of Unit II., using the Federal eRulemaking Portal at http://www.regulations.gov. Follow the online instructions for submitting
comments. Do not submit electronically any information you consider to
be Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. See also the detailed instructions
provided under ADDRESSES in the Federal Register document of November
29, 2016 (81 FR 85952) (FRL-9953-53).

FOR FURTHER INFORMATION CONTACT: For pesticide specific information
contact: The Chemical Review Manager for the pesticide of interest
identified in Tables of Unit II. For questions about the pyrethroid
chemicals contact: Garland Waleko, Re-Evaluation Division (7508P),
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(703) 308-8049; email address<EMAIL_ADDRESS>For questions
about linuron contact: Katherine St. Clair, Re-Evaluation Division
(7508P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What is the EPA Authority for this action?

    EPA is conducting its registration review of these chemicals
pursuant to section 3(g) of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) and the Procedural Regulations for Registration
Review at 40 CFR part 155, subpart C.

II. What action is the Agency taking?

    This document re-opens the public comment periods established for
linuron and several pyrethroids in the Federal Register document of
November 29, 2016 (81 FR 85952) (FRL-9953-53). In that Federal Register
document, EPA announced the availability of and sought public comment
on the registration review draft risk assessments for a number of
pesticide chemicals, including several pyrethroids and linuron. The
comment period closed on January 30, 2017. For the pyrethroid chemicals
listed in Table 1, EPA is hereby re-opening the comment period on the
ecological risk assessment for 60 days, until July 7, 2017. For the
chemical linuron listed in Table 2, EPA is hereby re-opening the
comment period on the human health and ecological risk assessments for
30 days, until June 7, 2017. EPA is taking these actions in response to
a number of extension requests received from various stakeholders who
have cited reasons including the difficulty of commenting due to the
length, quantity, and complexity of the assessments for these
particular chemicals.

                                 Table 1--Pyrethroids Ecological Risk Assessment
----------------------------------------------------------------------------------------------------------------
  Registration review case name  and                                                Chemical review manager and
                 No.                                  Docket ID No.                     contact information
----------------------------------------------------------------------------------------------------------------
Bifenthrin, 7402.....................  EPA-HQ-OPP-2010-0384......................  Marquea King,
<EMAIL_ADDRESS>703-
                                                                                305-7432.
Cyfluthrins (& beta), 7405...........  EPA-HQ-OPP-2010-0684......................  Garland Waleko,
<EMAIL_ADDRESS>703-
                                                                                308-8049.
Cypermethrin (alpha & zeta), 7218/     EPA-HQ-OPP-2012-0167......................  Susan Bartow,
 2130<EMAIL_ADDRESS>703-
                                                                                603-0065.
Cyphenothrin, 7412...................  EPA-HQ-OPP-2009-0842......................  Margaret Hathaway,
<EMAIL_ADDRESS><PHONE_NUMBER>.
D-phenothrin, 0426...................  EPA-HQ-OPP-2011-0539......................  James Parker,
<EMAIL_ADDRESS>703-
                                                                                306-0469.
                                                                                Rachel Ricciardi,
<EMAIL_ADDRESS><PHONE_NUMBER>.
Deltamethrin, 7414...................  EPA-HQ-OPP-2009-0637......................  Bilin Basu,
<EMAIL_ADDRESS>703-347-
                                                                                0455.
Esfenvalerate, 7406..................  EPA-HQ-OPP-2009-0301......................  Marianne Mannix,
<EMAIL_ADDRESS>703-
                                                                                347-0275.
Etofenprox, 7407.....................  EPA-HQ-OPP-2007-0804......................  Wilhelmena Livingston,
<EMAIL_ADDRESS>703-308-8025.
Fenpropathrin, 7601..................  EPA-HQ-OPP-2010-0422......................  Garland Waleko,
<EMAIL_ADDRESS>703-
                                                                                308-8049.
Flumethrin, 7456.....................  EPA-HQ-OPP-2016-0031......................  Maria Piansay,
<EMAIL_ADDRESS>703-
                                                                                308-8063.
Gamma-cyhalothrin, 7437..............  EPA-HQ-OPP-2010-0479......................  Wilhelmena Livingston,
<EMAIL_ADDRESS>703-308-8025.
Imiprothrin, 7426....................  EPA-HQ-OPP-2011-0692......................  Margaret Hathaway,
<EMAIL_ADDRESS><PHONE_NUMBER>.
Lambda-cyhalothrin, 7408.............  EPA-HQ-OPP-2010-0480......................  Wilhelmena Livingston,
<EMAIL_ADDRESS>703-308-8025.
Momfluorothrin, 7457.................  EPA-HQ-OPP-2015-0752......................  Bilin Basu,
<EMAIL_ADDRESS>703-347-
                                                                                0455.
Permethrin, 2510.....................  EPA-HQ-OPP-2011-0039......................  Brittany Pruitt,
<EMAIL_ADDRESS>703-
                                                                                347-0289.
Prallethrin, 7418....................  EPA-HQ-OPP-2011-1009......................  Wilhelmena Livingston,
<EMAIL_ADDRESS>703-308-8025.
Pyrethrins, 2580.....................  EPA-HQ-OPP-2011-0885......................  Veronica Dutch,
<EMAIL_ADDRESS>703-
                                                                                308-8585.
Tau-fluvalinate, 2295................  EPA-HQ-OPP-2010-0915......................  Miguel Zavala,
<EMAIL_ADDRESS>703-
                                                                                347-0504.
Tefluthrin, 7409.....................  EPA-HQ-OPP-2012-0501......................  Marianne Mannix,
<EMAIL_ADDRESS>703-
                                                                                347-0275.
Tetramethrin, 2660...................  EPA-HQ-OPP-2011-0907......................  Nathan Sell,
<EMAIL_ADDRESS>703-347-
                                                                                8020.
----------------------------------------------------------------------------------------------------------------

                          Table 2--Linuron Human Health and Ecological Risk Assessments
----------------------------------------------------------------------------------------------------------------
  Registration review case name  and                                                Chemical review manager and
                 No.                                  Docket ID No.                     contact information
----------------------------------------------------------------------------------------------------------------
Linuron, 0047........................  EPA-HQ-OPP-2010-0228......................  Katherine St. Clair,
<EMAIL_ADDRESS><PHONE_NUMBER>.
----------------------------------------------------------------------------------------------------------------

III. How should comments, data and information be submitted?

    EPA is providing another opportunity under 40 CFR 155.53(c) for
interested parties to provide comments and input concerning the
Agency's draft human health and ecological risk assessments for the
chemicals identified in this document. Such comments and input could
address, among other things, the Agency's risk assessment methodologies
and assumptions, as applied to a draft risk assessment. The Agency will
consider all comments received during the public comment periods and
make changes, as appropriate, to a draft human health and/or ecological
risk assessment. EPA will then issue a revised risk assessment, explain
any changes to the draft risk assessment, and respond to comments.
    As indicated in the November 29, 2016 Federal Register document,
anyone may submit data or information in response to this document. To
be considered during a pesticide's registration review, the submitted
data or information must meet the requirements enumerated in that
document. To submit comments, or access the dockets, please follow the
detailed instructions provided under ADDRESSES in the Federal Register
document of November 29, 2016. If you have questions, consult the
persons listed under FOR FURTHER INFORMATION CONTACT.

    Authority:  7 U.S.C. 136 et seq.

    Dated: February 2, 2017,
Yu-Ting Guilaran,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2017-09179 Filed 5-5-17; 8:45 am]
 BILLING CODE 6560-50-P