[Federal Register Volume 85, Number 147 (Thursday, July 30, 2020)]
[Notices]
[Pages 45877-45880]
[FR Doc No: 2020-16515]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2020-0060; FRL-10012-40]

Notice of Receipt of Requests to Voluntarily Cancel Certain
Pesticide Registrations and Amend Registrations To Terminate Certain
Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests
by the registrants to voluntarily cancel certain pesticide product
registrations and to amend certain product registrations to terminate
uses. EPA intends to grant these requests at the close of the comment
period for this announcement unless the Agency receives substantive
comments within the comment period that would merit its further review
of the requests, or unless the registrants withdraw their requests. If
these requests are granted, any sale, distribution, or use of products
listed in this notice will be permitted after the registrations have
been cancelled and uses terminated only if such sale, distribution, or
use is consistent with the terms as described in the final order.

DATES: Comments must be received on or before August 31, 2020.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2020-0060, by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the
online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (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.
    Submit written withdrawal request by mail to: Information
Technology and Resources Management Division (7502P), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460-0001. ATTN: Christopher Green.
    Hand Delivery: To make special arrangements for hand delivery or
delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html.
    Please note that due to the public health emergency the EPA Docket
Center (EPA/DC) and Reading Room was closed to public visitors on March
31, 2020. Our EPA/DC staff will continue to provide customer service
via email, phone, and webform. For further information on EPA/DC
services, docket contact information and the current status of the EPA/
DC and Reading Room, please visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Christopher Green, Information
Technology and Resources Management Division (7502P), 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. General Information

A. Does this action apply to me?

    This action is directed to the public in general and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action.

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

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. What action is the Agency taking?

    This notice announces receipt by EPA of requests from registrants
to cancel certain pesticide products and amend product registrations to
terminate certain uses registered under FIFRA section 3 (7 U.S.C. 136a)
or 24(c) (7 U.S.C. 136v(c)). The affected products and the registrants
making the requests are identified in Tables 1-3 of this unit.
    Unless a request is withdrawn by the registrant or if the Agency
determines that there are substantive comments that warrant further
review of this request, EPA intends to issue an order in the Federal
Register canceling and amending the affected registrations.

                      Table 1--Product Registrations With Pending Requests for Cancellation
----------------------------------------------------------------------------------------------------------------
       Registration No.          Company No.         Product name                   Active ingredients
----------------------------------------------------------------------------------------------------------------
241-409......................             241  Oasis Herbicide.........  2,4-D, 2-ethylhexyl ester & Imazapic.
241-425......................             241  Glyphosate Residual RTU.  Glyphosate-isopropylammonium & Imazapic-
                                                                          ammonium.

241-442......................             241  Imazapic E 2l Herbicide.  Imazapic-ammonium.
241-444......................             241  ETI 115 01 H............  Imazapic-ammonium.
264-1069.....................             264  Trilex Advanced 300.....  Metalaxyl; Triadimenol &
                                                                          Trifloxystrobin.
352-600......................             352  DPX-MX670 MT............  Atrazine & Dimethenamid.
352-693......................             352  Dupont Diuron MUP.......  Diuron.
352-703......................             352  Dupont Diuron Technical.  Diuron.
352-849......................             352  Dupont Diuron 80 Dry      Diuron.
                                                Herbicide.
464-8132.....................             464  Aqucar PS 75W MUP Water   Tetrakis(hydroxymethyl)phosphonium
                                                Treatment Microbiocide    sulphate (THPS).
                                                (Alternate Name).
881-10.......................             881  Richo Bock Sanitizing     Oxirane, methyl-, polymer with oxirane,
                                                Rinse.                    monobutyl ether, compd. with iodine.
1258-1324....................            1258  Vantocil NR.............  Poly(iminoimidocarbonyliminoimidocarbon
                                                                          yliminohexamethylene) hydrochloride.
5481-600.....................            5481  Tri-Scept Herbicide.....  Trifluralin & 3-Quinolinecarboxylic
                                                                          acid, 2-(4,5-dihydro-4-methyl-4-(1-
                                                                          methylethyl)-5-oxo-1H-imidazol-2-yl)-,
                                                                          monoammonium salt.
8378-17......................            8378  25-5-10 Turf Food with    Trifluralin & Benfluralin.
                                                Crabgrass Control.
8378-18......................            8378  Shaw's Premium Turf Food  Trifluralin & Benfluralin.
                                                with Crabgrass Control.
8378-19......................            8378  Premium Lawn Food with    Trifluralin & Benfluralin.
                                                Crabgrass Control.
8378-20......................            8378  Shaw's 18-5-9 Turf Food   Trifluralin & Benfluralin.
                                                with XL Crabgrass
                                                Control.
8378-37......................            8378  Shaw's Turf Food &        Trifluralin & Benfluralin.
                                                Crabgrass Control W/
                                                Team 142.
8660-165.....................            8660  Sta-Green Flower &        Trifluralin.
                                                Garden Weed Preventer.
8660-166.....................            8660  Flower & Garden Weed      Trifluralin.
                                                Preventer Plus
                                                Fertilizer.
9688-133.....................            9688  Chemsico Green 'N Weed    Trifluralin.
                                                15-15-15.
10088-56.....................           10088  Malathion 57%...........  Malathion (NO INERT USE).
34704-970....................           34704  LPI ET 75...............  Imidacloprid.
34704-1009...................           34704  Malice 75 WSP...........  Imidacloprid.
39967-69.....................           39967  Preventol A20...........  Triadimefon & Tebuconazole.
39967-70.....................           39967  Preventol A20             Triadimefon & Tebuconazole.
                                                Preservative.
45385-66.....................           45385  Chem-Tox Mal 50-OS......  Malathion (NO INERT USE).
47000-77.....................           47000  CPI Disinfectant Cleaner  1-Decanaminium, N-decyl-N,N-dimethyl-,
                                                30-3.                     chloride.
49585-25.....................           49585  Garden Weeder...........  Trifluralin.
62719-614....................           62719  Firststep Herbicide Tank  Glycine, N-(phosphonomethyl)-, compd.
                                                Mix.                      with N-methylmethanamine (1:1) &
                                                                          Florasulam.
65656-7......................           65656  Dicamba Acid Technical..  Dicamba.
66330-274....................           66330  Bacillus Cereus BP01      Bacillus cereus strain BP01.
                                                Technical.
66330-282....................           66330  BP01 1.7................  Bacillus cereus strain BP01.
66330-291....................           66330  PGR-IV/BP Foliar........  Gibberellic acid & Bacillus cereus
                                                                          strain BP01.
66330-351....................           66330  Pix Plus Plant Regulator  Mepiquat chloride & Bacillus cereus
                                                                          strain BP01.
67071-74.....................           67071  Acticide SR 8213 C......  Zinc pyrithione; 1,2-Benzisothiazolin-3-
                                                                          one & 2-Methyl-3(2H)-isothiazolone.
67071-97.....................           67071  Acticide LPN 11           Zinc pyrithione; 1,2-Benzisothiazolin-3-
                                                (Alternate).              one & 2-Methyl-3(2H)-isothiazolone.
ID-110006....................            7969  Liberty 280 SL Herbicide  Glufosinate.
MI-080003....................           62719  Starane Ultra...........  Fluroxypyr-meptyl.
WA-150001....................           61842  Lime-Sulfur Solution....  Lime sulfur.
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 Table 1A--Product Registrations With Pending Requests for Cancellation
------------------------------------------------------------------------
                                                              Active
   Registration No.      Company No.     Product name      ingredients
------------------------------------------------------------------------
56228-32.............           56228  M-44 Cyanide      Sodium cyanide.
                                        Capsules Arctic
                                        Fox.
------------------------------------------------------------------------

    The registrant of the product listed in Table 1A, of Unit II, has
requested the effective date of December 31, 2019, for the
cancellation.

                       Table 2--Product Registrations With Pending Requests for Amendment
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                                                                                Uses to be
     Registration No.        Company No.       Product name           Active ingredient           terminated
----------------------------------------------------------------------------------------------------------------
34704-858................           34704  Sniper..............  Bifenthrin................  Alfalfa Grown for
                                                                                Seed.
71711-4..................           71711  Akari 5SC Miticide/   Fenpyroximate.............  Cranberry and
                                            Insecticide.                                      Highbush
                                                                                Cranberry.
71711-18.................           71711  Fenpyroximate         Fenpyroximate.............  Cranberry and
                                            Technical.                                        Highbush
                                                                                Cranberry.
71711-19.................           71711  Fujimite 5EC          Fenpyroximate.............  Cranberry and
                                            Miticide/                                         Highbush
                                            Insecticide.                                      Cranberry.
71711-40.................           71711  NAI-2399-2 5EC        Fenpyroximate.............  Cranberry and
                                            Miticide/                                         Highbush
                                            Insecticide.                                      Cranberry.
71711-54.................           71711  Fenpyroximate 5SC     Fenpyroximate.............  Cranberry and
                                            MUP.                                              Highbush
                                                                                Cranberry.
71711-60.................           71711  Fenpyroximate 5EC     Fenpyroximate.............  Cranberry and
                                            MUP.                                              Highbush
                                                                                Cranberry.
----------------------------------------------------------------------------------------------------------------

    Table 3 of this unit includes the names and addresses of record for
all the registrants of the products listed in Tables 1, 1A and 2 of
this unit, in sequence by EPA company number. This number corresponds
to the first part of the EPA registration numbers of the products
listed in Table 1, Table 1A and Table 2 of this unit.

Table 3--Registrants Requesting Voluntary Cancellation and/or Amendments
------------------------------------------------------------------------
      EPA company No.                  Company name and address
------------------------------------------------------------------------
241........................  BASF Corporation, 26 Davis Drive, P.O. Box
                              13528, Research Triangle Park, NC 27709-
                              3528.
264........................  Bayer CropScience, LP, 800 N Lindbergh
                              Blvd., St. Louis, MO 63167.
352........................  E. I. Du Pont De Nemours and Company, 9330
                              Zionsville Road, Indianapolis, IN 46268.
464........................  Nutrition & Biosciences USA 1, LLC, 1652
                              Larkin Center Drive, 100 Larkin Center,
                              Midland, MI 48642.
881........................  Richardson Chemical Products Co., P.O. Box
                              240014, Milwaukee, WI 53224.
1258.......................  Arch Chemicals, Inc., 1200 Bluegrass Lakes
                              Parkway, Alpharetta, GA 30004.
5481.......................  AMVAC Chemical Corporation, 4695 MacArthur
                              Court, Suite 1200, Newport Beach, CA 92660-
                              1706.
7969.......................  BASF Corporation Agricultural Products, 26
                              Davis Drive, P.O. Box 13528, Research
                              Triangle Park, NC 27709-3528.
8378.......................  Knox Fertilizer Company, Inc., Agent Name:
                              Fred Betz Regulatory Strategies, 922
                              Melvin Road, Annapolis, MD 21403.
8660.......................  United Industries Corp., D/B/A Sylorr Plant
                              Corp., P.O. Box 142642, St. Louis, MO
                              63114-0642.
9688.......................  Chemsico, A Division of United Industries
                              Corp., P.O. Box 142642, St Louis, MO 63114-
                              0642.
10088......................  Athea Laboratories, Inc., P.O. Box 240014,
                              Milwaukee, WI 53224.
34704......................  Loveland Products, Inc., P.O. Box 1286,
                              Greeley, CO 80632-1286.
39967......................  Lanxess Corporation, 111 RIDC Park West
                              Drive, Pittsburgh, PA 15275-1112.
45385......................  CTX-Cenol, Inc., 1393 East Highland Rd.,
                              Twinsburg, OH 44087.
47000......................  Chem-Tech, Ltd., 620 Lesher Place, Lansing,
                              MI 48912.
49585......................  Alljack, Division of United Industries
                              Corp., P.O. Box 142642, St. Louis, MO
                              63114-0642.
56228......................  U.S. Department of Agriculture, Animal and
                              Plant Health Inspection Service, 4700
                              River Road, Unit 149, Riverdale, MD 20737.
61842......................  Tessenderlo Kerley, Inc., Agent Name: Pyxis
                              Regulatory Consulting, Inc., 4110 136th
                              Street, Ct. NW, Gig Harbor, WA 98332.
62719......................  Dow Agrosciences, LLC, 9330 Zionsville Rd.,
                              308/2E, Indianapolis, IN 46268-1054.
65656......................  Gilmore Marketing and Development, Agent
                              Name: Biologic Regulatory Consulting,
                              Inc., 10529 Heritage Bay Blvd., Naples, FL
                              34120.
66330......................  Arysta Lifescience North America, LLC,
                              Agent Name: UPL NA, Inc., 630 Freedom
                              Business Center, Suite 402, King of
                              Prussia, PA 19406.
67071......................  Thor GMBH, Agent Name: Thor Specialties,
                              Inc., 50 Waterview Drive, Shelton, CT
                              06484.
71711......................  Nichino America, Inc., 4550 Linden Hill
                              Road, Suite 501, Wilmington, DE 19808.
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III. What is the Agency's authority for taking this action?

    FIFRA section 6(f)(1) (7 U.S.C. 136d(f)(1)) provides that a
registrant of a pesticide product may at any time request that any of
its pesticide registrations be canceled or amended to terminate one or
more uses. FIFRA further provides that, before acting on the request,
EPA must publish a notice of receipt of any such request in the Federal
Register.
    FIFRA section 6(f)(1)(B) (7 U.S.C. 136d(f)(1)(B)) requires that
before acting on a request for voluntary cancellation, EPA must provide
a 30-day public comment period on the request for voluntary
cancellation or use termination. In addition, FIFRA section 6(f)(1)(C)
(7 U.S.C. 136d(f)(1)(C)) requires that EPA provide a 180-day comment
period on a request for voluntary cancellation or termination of any
minor agricultural use before granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The EPA Administrator determines that continued use of the
pesticide would pose an unreasonable adverse effect on the environment.
    The registrants listed in Table 3 of Unit II. have requested that
EPA waive the 180-day comment period. Accordingly, EPA is providing a
30-day comment period on the proposed requests.

IV. Procedures for Withdrawal of Requests

    Registrants who choose to withdraw a request for product
cancellation or use termination should submit the withdrawal in writing
to the person listed under FOR FURTHER INFORMATION CONTACT. If the
products have been subject to a previous cancellation or termination
action, the effective date of cancellation or termination and all other
provisions of any earlier cancellation or termination action are
controlling.

V. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
that are currently in the United States and that

were packaged, labeled, and released for shipment prior to the
effective date of the action. If the requests for voluntary
cancellation and amendments to terminate uses are granted, the Agency
intends to publish the cancellation order in the Federal Register.
    In any order issued in response to these requests for cancellation
of product registrations and for amendments to terminate uses, EPA
proposes to include the following provisions for the treatment of any
existing stocks of the products listed in Table 1 and Table 1A of Unit
II.

For Product 56228-32

    For product 56228-32, listed in Table 1A of Unit II, the registrant
has requested the cancellation date to be December 31, 2019; therefore,
the registrant will be permitted to sell and distribute existing stocks
of the voluntarily canceled product for 1 year after the effective date
of the cancellation, which will be until December 31, 2020. Thereafter,
the registrant will be prohibited from selling or distributing the
product, except for export consistent with FIFRA section 17 (7 U.S.C.
136o) or for proper disposal.
    For all other voluntary product cancellations, identified in Table
1 of Unit II, registrants will be permitted to sell and distribute
existing stocks of voluntarily canceled products for 1 year after the
effective date of the cancellation, which will be the date of
publication of the cancellation order in the Federal Register.
Thereafter, registrants will be prohibited from selling or distributing
all other products identified in Table 1 of Unit II, except for export
consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper
disposal.
    Once EPA has approved product labels reflecting the requested
amendments to terminate uses, identified in Table 2 of Unit II,
registrants will be permitted to sell or distribute products under the
previously approved labeling for a period of 18-months after the date
of Federal Register publication of the cancellation order, unless other
restrictions have been imposed. Thereafter, registrants will be
prohibited from selling or distributing the products whose labels
include the terminated uses identified in Table 2 of Unit II, except
for export consistent with FIFRA section 17 or for proper disposal.
    Persons other than the registrant may sell, distribute, or use
existing stocks of canceled products and products whose labels include
the terminated uses until supplies are exhausted, provided that such
sale, distribution, or use is consistent with the terms of the
previously approved labeling on, or that accompanied, the canceled
products and terminated uses.

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

    Dated: July 15, 2020.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Pesticide Programs.
[FR Doc. 2020-16515 Filed 7-29-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 23 (Monday, February 4, 2019)]
[Rules and Regulations]
[Pages 1401-1402]
[FR Doc No: 2019-00871]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0988]
RIN 1625-AA09

Drawbridge Operation Regulations; Old Fort Bayou, MS

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations; request for
comments.

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SUMMARY: The Coast Guard is issuing a temporary deviation to the
operating schedule that regulates the State Route 609 (SR 609) bascule
bridge across the Old Fort Bayou, mile 1.6 at Ocean Springs, Harrison
County, Mississippi. This deviation is needed to collect and analyze
information on vehicle traffic congestion on SR 609 created when the
drawbridge opens to vessel traffic. During this temporary deviation the
drawbridge will not open to vessel traffic during specified times.

DATES: This deviation is effective from 6 a.m. February 4, 2019 through
6 p.m. June 4, 2019.
    Comments and related material must be received by the Coast Guard
on or before June 4, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0988 using Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email Mr. Doug Blakemore, Eighth Coast Guard
District Bridge Administrator; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MDOT Mississippi Department of Transportation
NPRM Notice of proposed rulemaking
SR State Route
Sec.  Section
U.S.C. United States Code

I. Background, Purpose, and Legal Basis

    The Mississippi Department of Transportation (MDOT) has requested
to change the operating requirements for the SR 609 bascule bridge
across the Old Fort Bayou, mile 1.6, at Ocean Springs, Harrison County,
Mississippi. This bridge currently operates according to 33 CFR
117.681. MDOT provided the Coast Guard with a vehicle traffic study
that concluded that vehicle traffic becomes very congested on SR 609
during morning, noon and afternoon rush hours and that bridge openings
for vessels adds to the congestion. This MDOT study and analysis is
provided in the docket to this temporary rule.
    The 120-day temporary deviation to the regulation will allow MDOT
to collect additional vehicle traffic data to measure the impact of
bridge closures on traffic congestion. It will also allow the Coast
Guard to collect data on the impact of the regulation change on
vessels.
    This bridge has a vertical clearance of 26 feet above mean high
water in the closed to vessel position and unlimited vertical clearance
in the open to vessel traffic position. From January through December
2017 the bridge opened for vessel traffic 267 times. During this
temporary deviation the bridge will operate as follows:
    The draw of the SR 609 bascule bridge across the Old Fort Bayou,
mile 1.6, Ocean Springs, Harrison County, Mississippi shall open on
signal; except the draw need not open 6:30 a.m. to 8 a.m., 10:45 a.m.
to 12:30 p.m., and 4 p.m. to 6 p.m. Monday through Friday except
Federal holidays. From 9 p.m. to 5 a.m. the draw shall open on signal
if at least eight-hours-notice is given. The bridge will open on signal
for emergencies.
    The Coast Guard will also inform the users of the waterways through
our Local and Broadcast Notices to Mariners of the change in operating
schedule for the bridge so that vessel operators can arrange their
transits to minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

II. Public Participation and Request for Comments

    Public participation is essential to effective rulemaking. The
Coast Guard will consider all comments and material received during the
comment period. If you submit a comment, please include the docket
number for this rulemaking, indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.

    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    Documents mentioned in this temporary rule change as being
available in this docket and all public comments, will be in our online
docket at http://www.regulations.gov and can be viewed by following
that website's instructions. Additionally, if you go to the online
docket and sign up for email alerts, you will be notified when comments
are posted or a final rule is published.

    Dated: January 29, 2019.
Douglas Allen Blakemore, Sr.
Bridge Administrator, Eighth Coast Guard District.
[FR Doc. 2019-00871 Filed 2-1-19; 8:45 am]
 BILLING CODE 9110-04-P


Supporting Statement

for

Nondestructive Testing of Certain Cargo Tanks on Unmanned Barges

OMB No.:  1625-0052

COLLECTION INSTRUMENTS:  Instruction

A.  Justification

1.  Circumstances that make the collection of information necessary.

According to 46 U.S.C. 3703, the Secretary shall prescribe regulations
for the design, construction, alteration, repair, maintenance,
operation, equipping, personnel qualification, and manning of vessels
carrying liquid bulk dangerous cargoes, that may be necessary for
increased protection against hazards to life and property, for
navigation and vessel safety, and for enhanced protection of the marine
environment.  The Coast Guard requires an internal inspection interval
for pressure-vessel-type cargo tanks, which carry liquid bulk dangerous
cargoes.  Pressure-vessel-type cargo tanks on unmanned tank barges that
are 30 years old or older are required to conduct nondestructive testing
(NDT) at 10-year intervals.

The nondestructive testing requirement was selected as an alternative
regulatory strategy to shorten the internal inspection interval of a
tank barge as it ages.  Internal inspection and accompanying gas-freeing
costs are high.  The lay-time necessary in getting the barges to a gas
freeing facility is also costly.  Longer internal inspection intervals
result in lower costs to the owner.

This information collection supports the following strategic goals:

Department of Homeland Security

Prevention

Protection

Coast Guard

Maritime Safety

Protection of Natural Resources

Prevention Policy & Response Policy Directorates (CG-5P & CG-5R)

Safety:  Eliminate deaths, injuries, and property damage associated with
commercial maritime operations.

Human and Natural Environment: Eliminate environmental damage associated
with maritime transportation and operations on and around the nation’s
waterways.

2.  Purpose of the information collection.

According to 46 CFR 38.25-1, an unmanned tank barge with a
pressure-vessel-type cargo tank, carrying cargoes at temperatures of -67
degrees Fahrenheit (or -55 degrees Celsius) or warmer, must be subjected
to an internal inspection within 10 years after the last internal
inspection.  When such a vessel is 30 years old or older, determined
from the build date, the owner shall conduct nondestructive testing of
the tank, in accordance with Section 38.25-3, during each internal
inspection.

According to 46 CFR 38.25-3, before nondestructive testing may be
conducted to meet section 38.25-1, the owner shall submit a proposal to
the Officer in Charge, Marine Inspection (OCMI) for acceptance that
includes:

1) The test methods and procedures to be used, all of which must meet
Section V of the ASME Boiler and Pressure Vessel Code (1986);

2) Each location on the tank to be tested; and

3) The test method and procedure to be conducted at each location on the
tank.

If the OCMI rejects the proposal, OCMI informs the owner of the reasons
why the proposal is rejected.  If the OCMI accepts the proposal, the
owner shall ensure that:

1) The proposal is followed; and

2) Nondestructive testing is performed by qualified personnel.

Within 30 days after completing the nondestructive test, the owner shall
submit a written report of the results to OCMI.

The proposal enables the Coast Guard to determine if the proposed
nondestructive testing methods and scope are suitable for the purposes
of detecting defects.  The requirement to submit the results of the
nondestructive testing enables the Coast Guard to accurately assess the
condition of the tanks and to evaluate the suitability of the tank for
continued service.

3.  Consideration of the use of improved technology.

Information is submitted in writing or electronically via e-mail or fax
to the OCMI.  Contact info for CG OCMIs can be found at—  HYPERLINK
"http://www.uscg.mil/top/units/"  http://www.uscg.mil/top/units/ .  We
estimate that 100% of the reporting requirements can be submitted
electronically.  At this time, we estimate that 50% are received
electronically.

4.  Efforts to identify duplication.

Given the specificity of pressure-vessel-type cargo tanks of unmanned
barges, there is no similar information available elsewhere for these
purposes.

5.  Methods to minimize the burden to small businesses if involved.

This information collection does not have an impact on small businesses
or other small entities.

6.  Consequences to the Federal program if collection were conducted
less frequently.

Without the submission of both the proposal and results of
nondestructive testing, the Coast Guard would not be able to assess the
condition of the tank nor the effectiveness of nondestructive testing,
and would find it necessary to increase the frequency of internal
inspection as a tank aged.  This would result in an increased cost to
the owners of the tank barges.

7.  Special collection circumstances.

This information collection is conducted in manner consistent with the
guidelines in 5 CFR 1320.5(d)(2).

8.  Consultation.

A 60-day Notice will be published in the Federal Register to obtain
public comment on this collection.

9.  Provide payment or gift to respondents.

The Coast Guard does not provide payment or gifts to respondents in
exchange for a benefit sought.

10.  Describe any assurance of confidentiality provided to respondents.

There are no assurances of confidentiality provided to the respondents
for this information collection.

11.  Additional justification for any questions of a sensitive nature.

There are no questions of sensitive language.

12.  Estimate of annual hour and cost burdens to respondents.

The estimated annual number of respondents is 10.

The estimated annual number of responses is 20.

The estimated annual hour burden is 130.

The estimated annual cost burden is $13,130.

The burden to respondents is provided in Appendix A.  We estimate that
it takes 12 hours per NDT proposal submission and 1 hour per NDT test
result submission.  The submissions are done by a technical specialist.
The position of a technical specialist is equivalent to a GS-14.  The
wage rate used is in accordance with the current edition of COMDTINST
7310.1(series) for “Out-Government” personnel.

13.  Total of annualized capital and start-up costs.

There are no recordkeeping, capital, start-up or maintenance costs
associated with this information collection.

14.  Estimates of annualized Federal Government costs.

The estimated annual Federal Government cost is $1,560 (see Appendix B).
 We estimate that it will take 1 hour by a Lieutenant (LT, O-3) to
review and process each submission.  The wage rate shown is in
accordance with the current edition of COMDTINST 7310.1(series) for
“In-Government” personnel.

15.  Explain the reasons for the change in burden.

The burden remains the same.  There is no proposed change to the
reporting requirements of this collection.  The reporting requirements,
and the methodology for calculating burden, remain unchanged.

16.  Plans for tabulation, statistical analysis and publication.

This information collection will not be published for statistical
purposes.

17.  Approval for not explaining the expiration date for OMB approval.

The Coast Guard will display the expiration date for OMB approval of
this information collection.

18.  Exception to the certification statement.

The Coast Guard does not request an exception to the certification of
this information collection.

B.  Collection of Information Employing Statistical Methods

This information collection does not employ statistical methods.

1625-0052

  PAGE  3  of   NUMPAGES  3


Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my life, after 30+ years of smoking I have now been smoke free for 8 months. I have tried many other methods, that are FDA approved and all have failed. I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.


[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Notices]
[Pages 1244-1245]
[FR Doc No: 2016-210]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 31952; File No. 812-14519]

Northern Lights Fund Trust, et al.; Notice of Application

January 4, 2016.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application for an order under section 12(d)(1)(J)
of the Investment Company Act of 1940 (the ``Act'') for an exemption
from sections 12(d)(1)(A), (B), and (C) of the Act and under sections
6(c) and 17(b) of the Act for an exemption from sections 17(a)(1) and
(2) of the Act. The requested order would permit certain registered
open-end investment companies to acquire shares of certain registered
open-end investment companies, registered closed-end investment
companies, business development companies, as defined in section
2(a)(48) of the Act, and unit investment trusts (collectively,
``Underlying Funds'') that are within and outside the same group of
investment companies as the acquiring investment companies, in excess
of the limits in section 12(d)(1) of the Act.

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    Applicants: Northern Lights Fund Trust (the ``Trust''), a Delaware
statutory

trust registered under the Act as an open-end management investment
company with multiple series, Ascendant Advisors, LLC (``Ascendant'' or
the ``Adviser''), a Texas limited liability company registered as an
investment adviser under the Investment Advisers Act of 1940, and
Northern Lights Distributors, LLC (the ``Distributor''), a Nebraska
limited liability company registered as a broker-dealer under the
Securities Exchange Act of 1934 (``Exchange Act'').
    Filing Dates: The application was filed on July 23, 2015 and
amended on December 9, 2015.
    Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on Friday, January 29, 2016 and should be accompanied by
proof of service on the applicants, in the form of an affidavit, or,
for lawyers, a certificate of service. Pursuant to Rule 0-5 under the
Act, hearing requests should state the nature of the writer's interest,
any facts bearing upon the desirability of a hearing on the matter, the
reason for the request, and the issues contested. Persons who wish to
be notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE., Washington, DC 20549-1090. Applicants: c/o JoAnn Strasser,
Esq., Thompson Hine LLP, 41 South High Street, Suite 1700, Columbus,
Ohio 43215.

FOR FURTHER INFORMATION CONTACT: Kaitlin C. Bottock, Senior Counsel, at
(202) 551-8658, or Daniele Marchesani, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm, or by calling<PHONE_NUMBER>.

Summary of the Application

    1. Applicants request an order to permit (a) a Fund \1\ (each a
``Fund of Funds'') to acquire shares of Underlying Funds \2\ in excess
of the limits in sections 12(d)(1)(A) and (C) of the Act and (b) each
Underlying Fund that is a registered open-end investment company or
series thereof, the Distributor or any principal underwriter and any
broker or dealer registered under the Exchange Act to sell shares of
the Underlying Fund to the Fund of Funds in excess of the limits in
section 12(d)(1)(B) of the Act.\3\ Applicants also request an order of
exemption under sections 6(c) and 17(b) of the Act from the prohibition
on certain affiliated transactions in section 17(a) of the Act to the
extent necessary to permit the Underlying Funds to sell their shares
to, and redeem their shares from, the Funds of Funds.\4\ Applicants
state that such transactions will be consistent with the policies of
each Fund of Funds and each Underlying Fund and with the general
purposes of the Act and will be based on the net asset values of the
Underlying Funds.
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    \1\ Applicants request that the order apply to each existing and
future series of the Trust and to each existing and future
registered open-end investment company or series thereof that is
advised by Ascendant or its successor-in-interest or by any entity
controlling, controlled by or under common control with Ascendant or
its successor-in-interest and is part of the same ``group of
investment companies'' as the Trust (each, a ``Fund''). For purposes
of the requested order, ``successor-in-interest'' is limited to an
entity that results from a reorganization into another jurisdiction
or a change in the type of business organization. For purposes of
the request for relief, the term ``group of investment companies''
means any two or more investment companies, including closed-end
investment companies and business development companies, that hold
themselves out to investors as related companies for purposes of
investment and investor services.
    \2\ Certain of the Underlying Funds have obtained exemptions
from the Commission necessary to permit their shares to be listed
and traded on a national securities exchange at negotiated prices
and, accordingly, to operate as exchange-traded funds (``ETFs'').
    \3\ Applicants do not request relief for the Funds of Funds to
invest in business development companies or closed-end investment
companies that are not listed on a national securities exchange.
    \4\ A Fund of Funds generally would purchase and sell shares of
an Underlying Fund that operates as an ETF through secondary market
transactions rather than through principal transactions with the
Underlying Fund. Applicants nevertheless request relief from section
17(a) to permit a Fund of Funds to purchase or redeem shares from
the ETF. A Fund of Funds will purchase and sell shares of an
Underlying Fund that is a closed-end fund through secondary market
transactions at market prices rather than through principal
transactions with the closed-end fund. Accordingly, applicants are
not requesting section 17(a) relief with respect to transactions in
shares of closed-end funds (including business development
companies).
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    2. Applicants agree that any order granting the requested relief
will be subject to the terms and conditions stated in the application.
Such terms and conditions are designed to, among other things, help
prevent any potential (i) undue influence over an Underlying Fund that
is not in the same ``group of investment companies'' as the Fund of
Funds through control or voting power, or in connection with certain
services, transactions, and underwritings, (ii) excessive layering of
fees, and (iii) overly complex fund structures, which are the concerns
underlying the limits in sections 12(d)(1)(A), (B), and (C) of the Act.
    3. Section 12(d)(1)(J) of the Act provides that the Commission may
exempt any person, security, or transaction, or any class or classes of
persons, securities, or transactions, from any provision of section
12(d)(1) if the exemption is consistent with the public interest and
the protection of investors. Section 17(b) of the Act authorizes the
Commission to grant an order permitting a transaction otherwise
prohibited by section 17(a) if it finds that (a) the terms of the
proposed transaction are fair and reasonable and do not involve
overreaching on the part of any person concerned; (b) the proposed
transaction is consistent with the policies of each registered
investment company involved; and (c) the proposed transaction is
consistent with the general purposes of the Act. Section 6(c) of the
Act permits the Commission to exempt any persons or transactions from
any provision of the Act if such exemption is necessary or appropriate
in the public interest and consistent with the protection of investors
and the purposes fairly intended by the policy and provisions of the
Act.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-210 Filed 1-8-16; 8:45 am]
BILLING CODE 8011-01-P