[Federal Register Volume 84, Number 68 (Tuesday, April 9, 2019)]
[Proposed Rules]
[Pages 14075-14077]
[FR Doc No: 2019-07021]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0825; FRL-9991-93-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Emissions Statements Rule Certification for the 2008 Ozone
National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision formally submitted
by the State of Delaware. Under section 182 of the Clean Air Act (CAA),
states' SIPs must require stationary sources in ozone nonattainment
areas to report annual emissions of nitrogen oxides (NOX)
and volatile organic compounds (VOC). This SIP revision provides
Delaware's certification that its existing emissions statements program
satisfies the emissions statements requirements of the CAA for the 2008
ozone National Ambient Air Quality Standards (NAAQS). EPA is proposing
to approve Delaware's emissions statements program certification for
the 2008 ozone NAAQS as a SIP revision in accordance with the
requirements of the CAA.

DATES: Written comments must be received on or before May 9, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2018-0825 at http://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sara Calcinore, Office of Air Program
Planning (3AP30), Air Protection Division, U.S. Environmental
Protection Agency, Region 3, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. The telephone number is<PHONE_NUMBER>. Ms.
Calcinore can also be reached via electronic mail at
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Under the CAA, EPA establishes NAAQS for criteria pollutants in
order to protect human health and the environment. In response to
scientific evidence linking ozone exposure to adverse health effects,
EPA promulgated the first ozone NAAQS, the 0.12 part per million (ppm)
1-hour ozone NAAQS, in 1979. See 44 FR 8202 (February 8, 1979). The CAA
requires EPA to review and reevaluate the NAAQS every 5 years in order
to consider updated information regarding the effects of the criteria
pollutants on human health and the environment. On July 18, 1997, EPA
promulgated a revised ozone NAAQS, referred to as the 1997 ozone NAAQS,
of 0.08 ppm averaged over eight hours. 62 FR 38855. This 8-hour ozone
NAAQS was determined to be more protective of public health than the
previous 1979 1-hour ozone NAAQS. In 2008, EPA strengthened the 8-hour
ozone NAAQS from 0.08 to 0.075 ppm. The 0.075 ppm standard is referred
to as the 2008 ozone NAAQS. See 73 FR 16436 (March 27, 2008).
    On May 21, 2012 and June 11, 2012, EPA designated nonattainment
areas for the 2008 ozone NAAQS. 77 FR 30088 and 77 FR 34221. Effective
July 20, 2012, New Castle County and Sussex County in Delaware were
designated as marginal nonattainment for the 2008 ozone NAAQS. New
Castle County was designated as part of the Philadelphia-Wilmington-
Atlantic City, PA-NJ-MD-DE 2008 ozone NAAQS nonattainment area, which
includes the following counties: New Castle in Delaware; Cecil in
Maryland; Atlantic, Burlington, Camden, Cape May, Cumberland,
Gloucester, Mercer, Ocean, and Salem in New Jersey; and Bucks, Chester,
Delaware, Montgomery, and Philadelphia in Pennsylvania. See 40 CFR
81.308, 81.321, 81.331, and 81.339. Sussex County was designated
marginal nonattainment as the Seaford 2008 ozone NAAQS nonattainment
area, which includes only Sussex County. See 40 CFR 81.308.
    Section 182 of the CAA identifies plan submission requirements for
ozone nonattainment areas. Specifically, section 182(a)(3)(B) requires
that states develop and submit, as a revision to their SIP, rules which
establish annual reporting requirements for certain stationary sources.
Sources that are within ozone nonattainment areas must annually report
the actual emissions of NOX and VOC to the state. However,
states may waive this reporting requirement for classes or categories
of stationary sources that emit under 25 tons per year (tpy) of
NOX and/or VOC if the state provides an inventory of
emissions from these classes or categories of sources as required by
CAA sections 172 and 182. See CAA section 182(a)(3)(B)(ii).
    The EPA published guidance on source emissions statements in a July

1992 memorandum titled, ``Guidance on the Implementation of an Emission
Statement Program, and in a March 14, 2006 memorandum titled,
``Emission Statement Requirements Under 8-hour Ozone NAAQS
Implementation'' (2006 memorandum). In addition, on March 6, 2015, EPA
issued a final rule addressing a range of nonattainment area SIP
requirements for the 2008 ozone NAAQS, including the emissions
statements requirement of CAA section 182(a)(3)(B) (Implementation of
the 2008 Ozone NAAQS Final Rule). 80 FR 12264, codified at 40 CFR part
51, subpart AA. The 2006 memorandum clarified that the source emission
statements requirement of CAA section 182(a)(3)(B) was applicable to
all areas designated nonattainment for the 1997 ozone NAAQS and
classified as marginal or above under subpart 2, part D, title I of the
CAA. Under EPA's Implementation of the 2008 Ozone NAAQS Final Rule, the
source emissions statements requirement also applies to all areas
designated nonattainment for the 2008 ozone NAAQS. See 80 FR 12264,
12291.
    According to the preamble to EPA's Implementation of the 2008 Ozone
NAAQS Final Rule, most areas that are required to have an emissions
statements program for the 2008 ozone NAAQS already have one in place
due to a nonattainment designation for an earlier ozone NAAQS. 80 FR
12264, 12291. The preamble to EPA's Implementation of the 2008 Ozone
NAAQS Final Rule states, ``If an area has a previously approved
emissions statement rule in force for the 1997 ozone NAAQS or the 1-
hour ozone NAAQS that covers all portions of the nonattainment area for
the 2008 ozone NAAQS, such rule should be sufficient for purposes of
the emissions statement requirement for the 2008 ozone NAAQS.'' Id. In
cases where an existing emissions statements rule is still adequate to
meet the emissions statements requirement under the 2008 ozone NAAQS,
states may provide the rationale for that determination to EPA in a
written statement for approval into the SIP to meet the requirements of
CAA section 182(a)(3)(B). Id. In this statement, states should identify
how the emissions statement requirements of CAA section 182(a)(3)(B)
are met by their existing emissions statements rule. Id.
    In summary, Delaware is required to submit, as a formal revision to
its SIP, a statement certifying that Delaware's existing emissions
statements program satisfies the requirements of CAA section
182(a)(3)(B) and covers Delaware's portions of the Philadelphia-
Wilmington-Atlantic City, PA-NJ-MD-DE 2008 ozone NAAQS nonattainment
area (i.e. New Castle County) and the Seaford 2008 ozone NAAQS
nonattainment area (i.e. Sussex County).

II. Summary of SIP Revision and EPA Analysis

    On June 29, 2018, the State of Delaware, through the Delaware
Department of Natural Resources and Environmental Control (DNREC),
submitted, as a formal revision to its SIP, a statement certifying that
Delaware's existing SIP-approved emissions statements program satisfies
the emissions statements requirements for the 2008 ozone NAAQS. The
provisions that implement Delaware's emissions statements program are
under 7 DE Administrative Code 1117 Section 7.0 Emission Statement and
were approved by EPA into the Delaware SIP on April 29, 1996 (61 FR
7415). See 40 CFR 52.420(c). Table 1 summarizes Delaware's emissions
statements provisions and the corresponding CAA section 182(a)(3)(B)
requirements.

    Table 1--Delaware Emissions Statements Provisions and CAA Section
                        182(a)(3)(B) Requirements
------------------------------------------------------------------------
                                          7 DE administrative code 1117
  CAA section 182(a)(3)(B) requirement       section 7.0 requirement
------------------------------------------------------------------------
182(a)(3)(B)(i)--For marginal            7 DE Admin Code 1117 Section
 nonattainment areas, the State shall     7.1--Emissions statements
 submit a SIP revision to require that    requirements apply to all
 the owner or operator of each            stationary sources located in
 stationary source of NOX or VOC          an ozone nonattainment area
 provide the State with a statement for   that emit NOX or VOC.
 classes or categories of sources        7 DE Admin Code 1117 Section
 showing the actual emissions of NOX      7.2--Emissions statements are
 and VOC from that source.                required to include the
                                          following information: Source
                                          identification information,
                                          operating data, actual
                                          emissions data, control
                                          equipment information, and
                                          process rate information.
182(a)(3)(B)(i)--Emissions statements    7 DE Admin Code 1117 Section
 are required to be submitted annually.   7.3--Annual emissions
                                          statements are due April 30
                                          for the preceding calendar
                                          year. DNREC may require more
                                          frequent emissions statements
                                          if required by EPA or if more
                                          frequent analysis of data is
                                          necessary to implement the
                                          requirements of Title 7,
                                          Chapter 60. Environmental
                                          Control of the Delaware Code
                                          (7 Del.C. Chapter 60).
182(a)(3)(B)(i)--Emissions statements    7 DE Admin Code 1117 Section
 shall contain a certification that the   7.2--Each emissions statement
 information contained in the statement   shall include a certification
 is accurate to the best knowledge of     of the data to ensure that the
 the individual certifying the            information contained in the
 statement.                               statement is accurate to the
                                          best knowledge of the
                                          individual certifying the
                                          statement, who shall be an
                                          official of the facility and
                                          will take legal responsibility
                                          for the emissions statement's
                                          accuracy.
182(a)(3)(B)(ii)--The State may waive    7 DE Admin Code 1117 Section
 the requirements for emissions           7.1--DNREC may, with EPA
 statements for any class or category     approval, waive the emissions
 of stationary sources which emit less    statements requirements for
 than 25 tpy of NOX or VOC if the State   classes or categories of
 provides an inventory of emissions       stationary sources with
 from such class or category of sources   facility-wide actual emissions
 as required by CAA section 172 and 182.  of less than 25 tpy of NOX or
                                          VOCs if the class or category
                                          is included in the base year
                                          and periodic ozone SIP
                                          emission inventories.
------------------------------------------------------------------------

    EPA's review of Delaware's submittal finds Delaware's existing,
SIP-approved emissions statements provisions under 7 DE Administrative
Code 1117 Section 7.0 satisfy the emissions statements requirements of
CAA section 182(a)(3)(B) for stationary sources located in marginal or
above nonattainment areas in Delaware, including such sources in New
Castle County and Sussex County, for the 2008 ozone NAAQS.\1\ Pursuant
to CAA section 182(a)(3)(B)(i), Delaware must

require annual emissions statements from stationary sources of
NOX or VOC located in marginal nonattainment areas. These
emissions statements must be certified by an official of the facility.
As shown in Table 1, 7 DE Administrative Code 1117 Section 7.1 requires
that all stationary sources of NOX and VOC located in an
ozone nonattainment area submit emissions statements to DNREC, except
for those with actual emissions of less than 25 tpy of NOX
or VOC as permitted by CAA section 182(a)(3)(B)(ii). EPA finds Section
7.1 satisfies the requirements of CAA section 182(a)(3)(B)(i) as it
requires that stationary sources located in ozone nonattainment areas
in the State, including Delaware's marginal nonattainment areas for the
2008 ozone NAAQS, submit emissions statements. In addition, 7 DE
Administrative Code 1117 Section 7.2 requires emissions statements be
certified by an official of the facility and Section 7.3 requires
emissions statements be submitted annually on April 30. EPA finds these
provisions satisfy the requirements of CAA section 182(a)(3)(B)(i) for
the 2008 ozone NAAQS as they require emissions statements be certified
and submitted annually.
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    \1\ As stated previously, New Castle County and Sussex County in
Delaware are both designated as marginal nonattainment for the 2008
ozone NAAQS.
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    EPA also finds Delaware's emissions thresholds for stationary
sources that are required to submit an emissions statement meet the
threshold requirements of CAA section 182(a)(3)(B)(ii). As discussed
previously, pursuant to CAA section 182(a)(3)(B)(ii), states may waive
emissions statements requirements for classes or categories of
stationary sources that emit less than 25 tpy of NOX or VOC
if the state provides an inventory of emissions from such classes or
categories of sources as required by CAA section 172 and 182. As shown
in Table 1, 7 DE Administrative Code 1117 Section 7.1 waives, with EPA
approval, the requirement for emissions statements for classes or
categories of stationary sources with facility-wide actual emissions of
less than 25 tpy of NOX or VOC if the class or category is
included in the base year and periodic ozone emission inventories.
Delaware does provide emissions inventories that include stationary
sources in nonattainment areas that emit less than 25 tpy of
NOX or VOC, as required by CAA sections 172(c)(3) and
182(b)(3)(B)(ii).\2\ Therefore, EPA finds the emissions thresholds of 7
DE Administrative Code 1117 Section 7.1 are consistent with CAA section
182(a)(3)(B)(ii).
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    \2\ See, e.g. ``Approval and Promulgation of Air Quality
Implementation Plans; Delaware; 2011 Base Year Inventories for the
2008 8-Hour Ozone National Ambient Air Quality Standard for New
Castle and Sussex Counties,'' 80 FR 59052 (October 1, 2015).
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    EPA has determined that the SIP-approved provisions under 7 DE
Administrative Code 1117 Section 7.0 satisfy the requirements of CAA
section 182(a)(3)(B) for the 2008 ozone NAAQS. Therefore, EPA is
proposing to approve, as a SIP revision, the State of Delaware's June
29, 2018 emissions statements certification for the 2008 ozone NAAQS as
approvable under CAA section 182(a)(3)(B).

III. Proposed Action

    EPA is proposing to approve, as a SIP revision, the State of
Delaware's June 29, 2018 emissions statements certification for the
2008 ozone NAAQS as approvable under CAA section 182(a)(3)(B).
Delaware's emissions statements certification certifies that Delaware's
existing SIP-approved emissions statements program under 7 DE
Administrative Code 1117 Section 7.0 satisfies the requirements of CAA
section 182(a)(3)(B) for the 2008 ozone NAAQS. EPA is soliciting public
comments on the issues discussed in this document. These comments will
be considered before taking final action.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule, proposing approval of Delaware's
emissions statements certification for the 2008 ozone NAAQS, does not
have tribal implications as specified by Executive Order 13175 (65 FR
67249, November 9, 2000), because the SIP is not approved to apply in
Indian country located in the state, and EPA notes that it will not
impose substantial direct costs on tribal governments or preempt tribal
law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: March 29, 2019.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2019-07021 Filed 4-8-19; 8:45 am]
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[Federal Register: October 12, 2005 (Volume 70, Number 196)]
[Notices]
[Page 59361]
[DOCID:fr12oc05-87]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1606-DR]

Texas; Amendment No. 3 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and
Response Directorate, Department of Homeland Security.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Texas (FEMA-1606-DR), dated September 24, 2005, and
related determinations.

EFFECTIVE DATE: October 3, 2005.

FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Recovery Division, Federal
Emergency Management Agency, Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Texas is hereby amended to include Categories C
through G under the Public Assistance program for the following areas
among those areas determined to have been adversely affected by the
catastrophe declared a major disaster by the President in his
declaration of September 24, 2005:

    Chambers, Galveston, Hardin, Jasper, Jefferson, Liberty, Newton,
Orange, and Tyler Counties for Public Assistance [Categories C--G]
(already designated for Individual Assistance and debris removal and
emergency protective measures [Categories A and B] under the Public
Assistance program, including direct Federal assistance.)

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services Program; 97.034,
Disaster Unemployment Assistance (DUA); 97.046, Fire Management
Assistance; 97.048, Individuals and Households Housing; 97.049,
Individuals and Households Disaster Housing Operations; 97.050
Individuals and Households Program-Other Needs, 97.036, Public
Assistance Grants; 97.039, Hazard Mitigation Grant Program.)

R. David Paulison,
Acting Under Secretary, Emergency Preparedness and Response, Department
of Homeland Security.
[FR Doc. 05-20425 Filed 10-11-05; 8:45 am]

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[Federal Register Volume 82, Number 74 (Wednesday, April 19, 2017)]
[Notices]
[Page 18523]
[FR Doc No: 2017-07871]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2017-23]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before May 1, 2017.

ADDRESSES: You may send comments identified by docket number FAA-2016-
9582 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments digitally.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review the
DOT's complete Privacy Act Statement in the Federal Register published
on April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mark Forseth, ANM-113, Federal
Aviation Administration, 1601 Lind Avenue SW., Renton, WA 98057-3356,
email<EMAIL_ADDRESS>phone<PHONE_NUMBER>; or Sandra Long, ARM-
200, Office of Rulemaking, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591, email
<EMAIL_ADDRESS>phone<PHONE_NUMBER>.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Renton, Washington on, April 11, 2017.
Victor Wicklund,
Manager, Transport Standards Staff.

Petition for Exemption

    Docket No.: FAA-2016-9582.
    Petitioner: Aviation Partners Inc.
    Section of 14 CFR Affected: Sec.  26.47(e)(5).
    Description of Relief Sought: Aviation Partners Inc. requests 18
months, versus the regulation's 12 months, to develop the damage-
tolerance data for APB blended or split scimitar winglets installed on
Boeing Model 737 Next Generation airplanes.

[FR Doc. 2017-07871 Filed 4-18-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: March 23, 2010 (Volume 75, Number 55)]
[Rules and Regulations]
[Page 13669-13670]
[DOCID:fr23mr10-4]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-1151; Airspace Docket No. 09-ASW-30]

Amendment of Class E Airspace; Dumas, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace for Dumas, TX, adding
additional controlled airspace to accommodate Area Navigation (RNAV)
Standard Instrument Approach Procedures (SIAPs) at Moore County
Airport, Dumas, TX, and updates the airport's geographic coordinates.
The FAA is taking this action to enhance the safety and management of
Instrument Flight Rule (IFR) operations at the airport.

DATES: Effective 0901 UTC, June 3, 2010. 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:

History

    On December 29, 2009, the FAA published in the Federal Register a
notice of proposed rulemaking to amend Class E airspace for Dumas, TX,
reconfiguring controlled airspace at Moore County Airport, Dumas, TX
(74 FR 68747) Docket No. FAA-2009-1151. Interested parties were invited
to participate in this rulemaking effort by submitting written comments
on the proposal to the FAA. No comments were received. Class E airspace
designations are published in paragraph 6005 of FAA Order 7400.9T
signed August 27, 2009, and effective September 15, 2009, which is
incorporated by reference in 14 CFR 71.1. The Class E airspace
designations listed in this document will be published subsequently in
the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by

amending Class E airspace for the Dumas, TX area, adding additional
controlled airspace extending upward from 700 feet above the surface to
accommodate SIAPs at Moore County Airport, Dumas, TX. This action also
updates the geographic coordinates of Moore County Airport to coincide
with the FAA's National Aeronautical Charting Office. This action is
necessary for the safety and management of IFR operations at the
airport.
    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 will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    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 at Moore County Airport, Dumas, TX.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
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 7400.9T, Airspace Designations and
Reporting Points, signed August 27, 2009, and effective September 15,
2009, is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface.

* * * * *

ASW TX E5 Dumas, TX [Amended]

Moore County Airport, TX
    (Lat. 35[deg]51[min]29[sec] N., long. 102[deg]00[min]47[sec] W.)

    That airspace extending upward from 700 feet above the surface
within a 6.8-mile radius of Moore County Airport and within 1.9
miles each side of the 023[deg] bearing from the airport extending
from the 6.8-mile radius to 8.9 miles northeast of the airport, and
within 4 miles each side of the 203[deg] bearing from the airport
extending from the 6.8-mile radius to 11.2 miles southwest of the
airport.

    Issued in Fort Worth, Texas, on March 11, 2010.
Roger M. Trevino,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2010-6162 Filed 3-22-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 60 (Wednesday, March 29, 2023)]
[Rules and Regulations]
[Pages 18431-18434]
[FR Doc No: 2023-06409]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2022-0069; FRL-10792-01-OCSPP]

Trinexapac-ethyl; Pesticide Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of
trinexapac-ethyl in or on multiple commodities discussed later in this
document. Interregional Research Project Number 4 (IR-4) requested
these tolerances under the Federal Food, Drug, and Cosmetic Act
(FFDCA).

DATES: This regulation is effective March 29, 2023. Objections and
requests for hearings must be received on or before May 30, 2023, 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-2022-0069, is available at
https://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 and the OPP Docket is<PHONE_NUMBER>. For the latest
status information on EPA/DC services, docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Daniel Rosenblatt, Acting Director,
Registration Division (7505T), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; main telephone number:<PHONE_NUMBER>; email address:
[email protected].

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 Office of the
Federal Register's e-CFR site at https://www.ecfr.gov/current/title-40.

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

    Under FFDCA section 408(g), 21 U.S.C. 346a(g), 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-2022-0069 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
May 30, 2023. 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-2022-0069, by one of the
following methods:
     Federal eRulemaking Portal: https://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 https://www.epa.gov/dockets/where-send-comments-epa-dockets.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of January 3, 2023 (88 FR 38) (FRL-9410-08-
OCSPP), 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
1E8966) by IR-4, North Carolina State University, 1730 Varsity Drive,
Venture IV, Suite 210, Raleigh, NC 27606. The January 3, 2023, document
supersedes the document published on April 28, 2022 (87 FR 25178) (FRL-
9410-12-OCSPP). The petition requested that 40 CFR part 180 be amended
by establishing tolerances for residues of trinexapac-ethyl in or on
the raw agricultural commodities clover, forage at 8 parts per million
(ppm) and clover, hay at 15 ppm. As a result of feeding clover that has
been treated with trinexapac-ethyl to livestock, the following
tolerances were proposed in livestock commodities: cattle, fat and
cattle, meat at 0.03 ppm; cattle, meat byproducts at 0.1 ppm; egg at
0.01 ppm; goat, fat and goat, meat at 0.03 ppm; goat, meat byproducts
at 0.1 ppm; hog, meat byproducts at 0.1 ppm; milk at 0.01 ppm; horse,
meat at 0.03 ppm; poultry, fat and poultry, meat at 0.01 ppm; poultry,
meat byproducts at 0.1 ppm; sheep, fat and sheep, meat at 0.03 ppm; and
sheep, meat byproducts at 0.1 ppm. That document referenced a summary
of the petition, which is available in the docket, https://www.regulations.gov. A comment was received in response to the April
28, 2022, notice of filing. EPA's response to the comment is discussed
in Unit IV.C.

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 therein, 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 trinexapac-ethyl including exposure resulting
from the tolerances established by this action. EPA's assessment of
exposures and risks associated with trinexapac-ethyl follows.
    In an effort to streamline its publications in the Federal
Register, EPA is not reprinting sections that repeat what has been
previously published for tolerance rulemakings for the same pesticide
chemical. Where scientific information concerning a particular chemical
remains unchanged, the content of those sections would not vary between
tolerance rulemakings, and EPA considers referral back to those
sections as sufficient to provide an explanation of the information EPA
considered in making its safety determination for the new rulemaking.
    EPA has previously published tolerance rulemakings for trinexapac-
ethyl in which EPA concluded, based on the available information, that
there is a reasonable certainty that no harm would result from
aggregate exposure to trinexapac-ethyl and established tolerances for
residues of that chemical. EPA is incorporating previously published
sections from these rulemakings as described further in this
rulemaking, as they remain unchanged.
    Toxicological profile. For a discussion of the Toxicological
Profile of trinexapac-ethyl, see Unit III.A. of the trinexapac-ethyl
tolerance rulemaking published in the Federal Register of May 20, 2015
(80 FR 28843) (FRL-9926-62).
    Toxicological points of departure/Levels of concern. For a summary
of the Toxicological Points of Departure/Levels of Concern for
trinexapac-ethyl used for human health risk assessment, please
reference Unit III.B. of the trinexapac-ethyl tolerance rulemaking
published in the Federal Register of March 2, 2012 (77 FR 12740) (FRL-
9337-9).
    Exposure assessment. EPA's dietary exposure assessments have been
updated to include the additional exposure from the proposed new
regional use on clover as well for associated residues on animal
commodities. The assessments were conducted with Dietary Exposure
Evaluation Model software using the Food Commodity Intake Database
(DEEM-FCID) Version 4.02, which uses the 2005-2010 food consumption
data from the United States Department of Agriculture's (USDA's)
National Health and Nutrition Examination Survey, What We Eat in
America (NHANES/WWEIA). The unrefined acute and chronic dietary
exposure assessments used tolerance-level residues, EPA's default
processing factors, and assumed 100 percent crop treated (PCT) for the
registered commodities.
    Drinking water and non-occupational exposures. The drinking water
numbers have not changed as a result of the new use on clover. For a
detailed summary of the drinking water analysis for trinexapac-ethyl
used for the human health risk assessment, please reference Unit
III.C.2. of the May 20, 2015, rulemaking.
    Trinexapac-ethyl is currently registered for the following uses
that could result in residential exposures: residential lawns, athletic
fields, parks, and golf courses. For a detailed summary of the non-
occupational analysis for trinexapac-ethyl used for the human health
risk assessment, please reference Unit III.C.3. of the May 20, 2015,
rulemaking.
    Cumulative exposure. 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.'' Unlike other
pesticides for which EPA has followed a cumulative risk approach

based on a common mechanism of toxicity, EPA has not made a common
mechanism of toxicity finding as to trinexapac-ethyl and any other
substances. For the purposes of this action, therefore, EPA has not
assumed that trinexapac-ethyl has a common mechanism of toxicity with
other substances.
    Safety factor for infants and children. EPA continues to conclude
that there are reliable data to support the reduction of the Food
Quality Protection Act (FQPA) safety factor from 10X to 1X. See Unit
III.D. of the May 20, 2015, rulemaking for a discussion of the Agency's
rationale for that determination.
    Aggregate risks and determination of safety. EPA determines whether
acute and chronic dietary pesticide exposures are safe by comparing
dietary exposure estimates to the acute population-adjusted dose (aPAD)
and chronic population-adjusted dose (cPAD). Short-, intermediate-, and
chronic-term aggregate risks are evaluated by comparing the estimated
total food, water, and residential exposure to the appropriate points
of departure to ensure that an adequate margin of exposure (MOE)
exists.
    Acute dietary risks are below the Agency's level of concern of 100%
of the aPAD; they are 2.5% of the aPAD for females 13 to 49 years old,
the only population group of concern. Chronic dietary risks are below
the Agency's level of concern of 100% of the cPAD; they are 6.8% of the
cPAD for children 1 to 2 years old, the group with the highest
exposure.
    Short-term aggregate (average dietary and residential turf
exposures) MOEs for adults (235) and youth (4,500) are above EPA's
level of concern of 100 and are not of concern. Trinexapac-ethyl is
classified as ``not likely to be carcinogenic to humans.'' Therefore,
EPA does not expect trinexapac-ethyl to pose a cancer risk from
aggregate exposure.
    Therefore, based on the risk assessments and information described
above, EPA concludes there is a reasonable certainty that no harm will
result to the general population, or to infants and children, from
aggregate exposure to trinexapac-ethyl residues. More detailed
information on this action can be found in the document titled
``Trinexapac-ethyl. Human Health Risk Assessment for the New Use on
Clover (Seed Crop).'' in docket ID EPA-HQ-OPP-2022-0069.

IV. Other Considerations

A. Analytical Enforcement Methodology

    For a discussion of the available analytical enforcement method,
see Unit IV.A. of the May 20, 2015, rulemaking.

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).
    There are no established Codex MRLs on clover forage and hay. There
are established Codex MRLs for trinexapac-ethyl in or on livestock
commodities. The U.S. tolerances are harmonized with Codex MRLs for
ruminant and hog meat byproduct at 0.1 ppm. However, the ruminant and
swine meat and fat tolerances increased to 0.03 ppm because there is
the potential for secondary transfer of trinexapac-ethyl resides in
ruminant meat from the new use on clover. Because the U.S. tolerances
are higher based on the estimated livestock dietary burden, it is not
possible to harmonize with the 0.01 ppm Codex MRL for ruminant and
swine meat and fat commodities.

C. Response to Comments

    One comment was received on the notice of filing, which opposed EPA
establishing the requested tolerances and objected to the presence of
pesticide residues on crops. Although the Agency recognizes that some
individuals believe that pesticides should be banned on agricultural
crops, the existing legal framework provided by section 408 of the
FFDCA authorizes EPA to establish tolerances when it determines that
the tolerances are safe. Upon consideration of the validity,
completeness, and reliability of the available data as well as other
factors the FFDCA requires EPA to consider, EPA has determined that the
trinexapac-ethyl tolerances are safe. The commenter has provided no
information indicating that a safety determination cannot be supported.

V. Conclusion

    Therefore, tolerances are established for residues of trinexapac-
ethyl in or on egg at 0.01 ppm; milk at 0.01 ppm; poultry, fat at 0.01
ppm; poultry, meat at 0.01 ppm; and poultry, meat byproducts at 0.1
ppm. The following established tolerances for residues of trinexapac-
ethyl are revised to the specified levels: cattle, fat at 0.03 ppm;
cattle, meat at 0.03 ppm; cattle, meat byproducts at 0.1 ppm; goat, fat
at 0.03 ppm; goat, meat at 0.03 ppm; goat, meat byproducts at 0.1 ppm;
hog, meat byproducts at 0.1 ppm; horse, meat at 0.03 ppm; sheep, fat at
0.03 ppm; sheep, meat at 0.03 ppm; and sheep, meat byproducts at 0.1
ppm. Additionally, tolerances with regional registrations are
established for residues of trinexapac-ethyl in or on clover, forage at
8 ppm and clover, hay at 15 ppm.
    As a housekeeping measure, EPA is removing the word ``imported''
from the commodity entry for ``Poppy, seed imported'', as unnecessary
and redundant. Moreover, use of that adjective is not consistent with
how EPA typically identifies tolerances for residues in or on imported
commodities. The associated footnote 1 indicates that there are no U.S.
registrations for use of trinexapac-ethyl on poppy seed; thus, the
tolerance itself is intended to cover residues on imported commodities.
Additionally, footnote 1 is being added to the table as identified in
the March 15, 2018, final tolerance rule. The changes have no
substantive effect and can be accomplished without further notice and
comment.

VI. Statutory and Executive Order Reviews

    This action establishes a tolerance 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 to Executive Order 13045,
entitled ``Protection of Children from Environmental Health Risks and
Safety Risks'' (62 FR 19885, April 23, 1997). 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 tolerances 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: March 14, 2023.
Daniel Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, for the reasons stated in the preamble, EPA is amending
40 CFR chapter 1 as follows:

PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
IN FOOD

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. Revise Sec.  180.662 to read as follows:

Sec.  180.662  Trinexapac-ethyl; tolerances for residues.

    (a) General. Tolerances are established for residues of the plant
growth regulator, trinexapac-ethyl, including its metabolites and
degradates, in or on the commodities in table 1 to this paragraph (a).
Compliance with the tolerance levels specified in table 1 is to be
determined by measuring only the free and conjugated forms of both
trinexapac-ethyl, ethyl 4-(cyclopropylhydroxymethylene)-3,5-
dioxocyclohexanecarboxylate and trinexapac, 4-
(cyclopropylhydroxymethylene)-3,5-dioxocyclohexanecarboxylic acid,
calculated as the stoichiometric equivalent of trinexapac-ethyl, in or
on the commodity.

                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
------------------------------------------------------------------------
Barley, bran................................................         2.5
Barley, grain...............................................         2.0
Barley, hay.................................................         0.8
Barley, straw...............................................         0.4
Cattle, fat.................................................        0.03
Cattle, meat................................................        0.03
Cattle, meat byproducts.....................................         0.1
Egg.........................................................        0.01
Goat, fat...................................................        0.03
Goat, meat..................................................        0.03
Goat, meat byproducts.......................................         0.1
Grass, forage...............................................         1.5
Grass, hay..................................................         4.0
Grass, seed screenings......................................        40.0
Grass, straw................................................        10.0
Hog, fat....................................................        0.02
Hog, meat...................................................        0.02
Hog, meat by-products.......................................         0.1
Horse, fat..................................................        0.02
Horse, meat.................................................        0.03
Horse, meat byproducts......................................        0.04
Milk........................................................        0.01
Oat, forage.................................................         1.0
Oat, grain..................................................         4.0
Oat, hay....................................................         1.5
Oat, straw..................................................         0.9
Poppy, seed \1\.............................................           8
Poultry, fat................................................        0.01
Poultry, meat...............................................        0.01
Poultry, meat byproducts....................................         0.1
Rice, bran..................................................         1.5
Rice, grain.................................................         0.4
Rice, straw.................................................        0.07
Rice, wild, grain...........................................         0.4
Rye, bran...................................................         6.0
Rye, grain..................................................         4.0
Rye, hay....................................................         1.5
Rye, straw..................................................         0.9
Sheep, fat..................................................        0.03
Sheep, meat.................................................        0.03
Sheep, meat byproducts......................................         0.1
Sugarcane, cane.............................................         1.5
Sugarcane, molasses.........................................           5
Wheat, bran.................................................         6.0
Wheat, forage...............................................         1.0
Wheat, grain................................................         4.0
Wheat, hay..................................................         1.5
Wheat, middlings............................................        10.5
Wheat, straw................................................         0.9
------------------------------------------------------------------------
\1\ There are no U.S. registrations for Poppy, seed as of March 15,
  2018.

    (b) [Reserved]
    (c) Tolerances with regional registrations. Tolerances with
regional registrations, as defined in Sec.  180.1, are established for
residues of trinexapac-ethyl, including its metabolites and degradates,
in or on the commodities in table 2 to this paragraph (c). Compliance
with the tolerance levels specified in table 2 is to be determined by
measuring only the free and conjugated forms of both trinexapac-ethyl,
ethyl 4-(cyclopropylhydroxymethylene)-3,5-dioxocyclohexanecarboxylate
and trinexapac, 4-(cyclopropylhydroxymethylene)-3,5-
dioxocyclohexanecarboxylic acid, calculated as the stoichiometric
equivalent of trinexapac-ethyl, in or on the commodity.

                        Table 2 to Paragraph (c)
------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
------------------------------------------------------------------------
Clover, forage..............................................           8
Clover, hay.................................................          15
------------------------------------------------------------------------

    (d) [Reserved]

[FR Doc. 2023-06409 Filed 3-28-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 68 (Tuesday, April 11, 2017)]
[Notices]
[Pages 17422-17423]
[FR Doc No: 2017-07267]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP17-638-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Texas Gas Transmission, LLC submits tariff filing per
154.204: Cap Rel Neg Rate Agmts (SABIC 35303, 304, 305 to CIMA 36089,
105, 088) to be effective 4/3/2017.
    Filed Date: 04/04/2017.
    Accession Number: 20170404-5020.
    Comment Date: 5:00 p.m. Eastern Time on Monday, April 17, 2017.

    Docket Numbers: RP17-639-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Texas Gas Transmission, LLC submits tariff filing per
154.204: Cap Rel Neg Rate Agmt (Gulfport 35446 to Eco-Energy 36159) to
be effective 4/4/2017.
    Filed Date: 04/04/2017.
    Accession Number: 20170404-5023.
    Comment Date: 5:00 p.m. Eastern Time on Monday, April 17, 2017.

    Docket Numbers: RP17-640-000.

    Applicants: Equitrans, L.P.
    Description: Equitrans, L.P. submits tariff filing per 154.203:
Notice Regarding Non-Jurisdictional Gathering Facilities (W-7744 E-
1300).
    Filed Date: 04/04/2017.
    Accession Number: 20170404-5125.
    Comment Date: 5:00 p.m. Eastern Time on Monday, April 17, 2017.

    Docket Numbers: RP17-641-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Rockies Express Pipeline LLC submits tariff filing per
154.204: Neg Rate 2017-04-04 Encana, CP to be effective 4/4/2017.
    Filed Date: 04/04/2017.
    Accession Number: 20170404-5215.
    Comment Date: 5:00 p.m. Eastern Time on Monday, April 17, 2017.

    Docket Numbers: RP17-642-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Texas Gas Transmission, LLC submits tariff filing per
154.204: Cap Rel Neg Rate Agmt (Gulfport 35446 to BP 36166) to be
effective 4/4/2017.
    Filed Date: 04/04/2017.
    Accession Number: 20170404-5239.
    Comment Date: 5:00 p.m. Eastern Time on Monday, April 17, 2017.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or 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: April 5, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-07267 Filed 4-10-17; 8:45 am]
 BILLING CODE 6717-01-P