[Federal Register: September 22, 2006 (Volume 71, Number 184)]
[Rules and Regulations]
[Page 55300-55307]
[DOCID:fr22se06-7]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2006-0347; FRL-8092-1]

Propiconazole; Pesticide Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes or revises tolerances for combined
residues of propiconazole and its metabolites containing the
dichlorobenzoic acid (DCBA) moiety expressed as parent compound in or
on various commodities; and inadvertent residues in or on alfalfa,
forage and alfalfa, hay. Syngenta Crop Protection, Inc. and
Interregional Research Project No. 4 (IR-4), requested these tolerances
under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by
the Food Quality Protection Act of 1996 (FQPA).

DATES: This regulation is effective September 22, 2006. Objections and
requests for hearings must be received on or before November 21, 2006,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2006-0347. All documents in the
docket are listed in the index for the docket. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available in the electronic docket at http://www.regulations.gov, or,

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

FOR FURTHER INFORMATION CONTACT: Mary Waller, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

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

B. How Can I Access Electronic Copies of this Document?

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

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

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

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of the FFDCA, as amended by the FQPA, any
person may file an objection to any aspect of this regulation and may
also request a hearing on those objections. The EPA procedural
regulations which govern the submission of objections and requests for
hearings appear in 40 CFR part 178. 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-2006-0347 in the
subject line on the first page of your submission. All requests must be
in writing, and must be mailed or delivered to the Hearing Clerk on or
before November 21, 2006.
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit your copies, identified by docket ID
number EPA-HQ-OPP-2006-0347, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday,

excluding legal holidays). Special arrangements should be made for
deliveries of boxed information. The Docket telephone number is (703)
305-5805.

II. Background and Statutory Findings

    In the Federal Register of May 3, 2006 (71 FR 26084) (FRL-8060-2),
EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21 U.S.C.
346a(d)(3), announcing the filing of pesticide petitions (PP) 2F6371
and 5F4498 by Syngenta Crop Protection, Inc., and PP 6E4788, 7E4860,
and 8E4931 by Interregional Research Project No. 4 (IR-4). The
petitions requested that 40 CFR 180.434 be amended by establishing a
tolerance for combined residues of the fungicide propiconazole, 1-[[2-
(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl] methyl]-1H-1,2,4-
triazole and its metabolites determined as 2,4-dichlorobenzoic acid and
expressed as parent compound in or on leafy vegetables (Subgroup 4B) at
5.0 parts per million (ppm) (PP 6E4788); cranberry at 1.0 ppm (PP
7E4860); Mint at.3.0 ppm (PP 8E4931); and under PP 2F6371, almond,
hulls and onion, green at 8.0 ppm; berries (Group 13) and legume
vegetables (Group 6) at 1.0 ppm; foliage of legume vegetables (Group
7)/ sorghum/soybean, forage and sugar beet, tops at 10.0 ppm; carrot,
roots/pistachios/nuts, tree (Group 14) at 0.2 ppm; foliage of legume
vegetable (Group 7)/soybean, hay at 32.0 ppm; onion, dry bulb/corn,
grain/sugar beet, roots at 0.3 ppm; sorghum, grain/grain cereal group
(except corn, rice, and sorghum), bran at 2.5 ppm; sorghum, stover at
15.0 ppm; soybean, seed/grain, cereal group (except corn, rice, and
sorghum), hay/sugar beet, dried pulp at 2.0 ppm; strawberry at 1.5 ppm;
grain, cereal group (except corn, rice, and sorghum) (Group 15),
forage/sugar beet, molasses at 3.0 ppm; grain, cereal group (except
corn, rice, and sorghum), straw at 13.0 ppm; grain, cereal group
(except corn, rice, and sorghum)/corn, oil at 0.5 ppm; rice, bran and
hulls at 28.0 ppm; and aspirated grain fraction at 17.0 ppm. Further,
the petition requested existing tolerances be amended for corn, forage
at 4.0 ppm; corn, stover at 25.0 ppm; rice, grain at 7.0 ppm; and rice,
straw at 18.0 ppm. Additionally, PP 5F4498, requested inadvertent
residues for alfalfa, forage and hay at 0.1 ppm. That notice included a
summary of the petition prepared by Syngenta Crop Protection, Inc., the
registrant. There were no comments received in response to the notice
of filing.
    Upon completing review of the current propiconazole database, the
Agency concluded that the appropriate tolerance levels for
propiconazole residues in or on pending crops and livestock commodities
should be established as follow: On grain, aspirated fractions at 30
ppm; almond, hulls at 7.0 ppm; barley, grain at 0.3 ppm; barley, hay at
1.4 ppm; barley, straw at 10 ppm; barley, bran at 0.6 ppm; cattle, fat
at 0.05 ppm; cattle, meat at 0.05 ppm; cattle, meat byproducts, except
liver and kidney at 0.05 ppm; leafy petioles, subgroup 4B at 5.0 ppm;
Berry group 13 at 1.0 ppm; carrot, roots at 0.25 ppm; corn, field,
forage at 12 ppm; corn, sweet, forage at 6.0 ppm; corn, field, grain at
0.2 ppm; corn, pop, grain at 0.2 ppm; corn, field, stover at 30 ppm;
corn, pop, stover at 30 ppm; corn, sweet, stover at 30 ppm; goat, fat
at 0.05 ppm; goat, meat at 0.05 ppm; goat, meat byproducts, except
liver and kidney at 0.05 ppm; hog, kidney at 0.2 ppm; hog, liver at 0.2
ppm; horse, fat at 0.05 ppm; horse, meat at 0.05 ppm; horse, meat
byproducts, except liver and kidney at 0.05 ppm; spearmint, tops at 3.5
ppm; peppermint, tops at 3.5 ppm; oat, forage at 1.7 ppm; oat, grain at
0.3 ppm; oat, hay at 1.4 ppm; oat, straw at 10 ppm; onion, bulb at 0.2
ppm; onion, green at 9.0 ppm; pistachio at 0.1 ppm; rice, bran at 15
ppm; rice, grain at 7.0 ppm; rice, hulls at 20 ppm; rice, straw at 18
ppm; rye, grain at 0.3 ppm; rye, forage at 1.7 ppm; rye, straw at 10
ppm; rye, bran at 0.6 ppm; sorghum, grain, forage at 12 ppm; sorghum,
grain, grain at 3.5 ppm; sorghum, grain, stover at 15 ppm; sheep, fat
at 0.05 ppm; sheep, meat at 0.05 ppm; sheep, meat byproducts, except
liver and kidney at 0.05 ppm; soybean, forage at 11 ppm; soybean, hay
at 30 ppm; soybean, seed at 2.0 ppm; strawberry at 1.3 ppm; beet,
sugar, dried pulp at 1.0 ppm; beet, sugar, roots at 0.3 ppm; beet,
sugar, tops at 10 ppm; beet, sugar, molasses at 1.5 ppm; nut, tree,
group 14 at 0.1 ppm; wheat, bran at 0.6 ppm; wheat, forage at 1.7 ppm;
wheat, grain at 0.3 ppm; wheat, hay at 1.4 ppm; wheat, straw at 10 ppm;
cranberry at 1.0 ppm; and inadvertent residues in or on alfalfa, forage
at 0.1 ppm and alfalfa, hay at 0.1 ppm. The Agency concluded that there
are insufficient data to establish tolerances legume vegetables (Group
6); foliage of legume vegetables (Group 7); cereal group (except corn,
rice, and sorghum) (Group 15). For additional information refer to
http://www.regulations.gov Docket No. EPA-HQ-OPP-2006-0347-0008.

    EPA is also deleting several established tolerances in 40 CFR
180.434(a), (b), and (c) that are no longer needed as a result of this
action.
    The revisions to 180.434(a) are as follows:
     Delete celery at 5.0 ppm. Replaced with leafy petioles,
subgroup 4B at 5.0 ppm.
     Delete pecans at 0.1 ppm. Replaced with nut, tree, group
14 at 0.1 ppm.
    The revisions to 180.434(b) are as follows:
     Delete the time-limited tolerance for blueberry at 1.0
ppm. Replaced with Berry group 13 at 1.0 ppm, under 40 CFR 180.434(a).
     Delete the time-limited tolerance for cranberry; grain,
aspirated fractions; sorghum, grain, grain; sorghum, grain, stover;
soybean; soybean, forage; and soybean, hay. All are being replaced by
permanent tolerances.
     Delete time-limited tolerance for dry bean; dry bean
forage; and dry bean hay since these tolerances have expired.
    The revisions to 180.434(c) are as follows:
     Delete mint, tops (leaves and stems) at 0.3 ppm. Replaced
with spearmint, tops at 3.5 ppm and peppermint, tops at 3.5 ppm under
40 CFR 180.434(a).
    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....''
    EPA performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. For further discussion of the
regulatory requirements of section 408 of the FFDCA and a complete
description of the risk assessment process, see http://www.epa.gov/fedrgstr/EPA-PEST/1997/November/Day-26/p30948.htm
.

III. Aggregate Risk Assessment and Determination of Safety

    Consistent with section 408(b)(2)(D) of FFDCA, 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, consistent with section 408(b)(2)
of FFDCA, for a tolerance for combined residues of propiconazole and
its metabolites containing the dichlorobenzoic acid (DCBA) moiety
expressed as parent compound on grain, aspirated fractions at 30 ppm;
almond, hulls at 7.0 ppm; barley, grain at 0.3 ppm; barley, hay at 1.4
ppm; barley, straw at 10 ppm; barley, bran at 0.6 ppm; cattle, fat at
0.05 ppm; cattle, meat at 0.05 ppm; cattle, meat byproducts, except
liver and kidney at 0.05 ppm; leafy petioles, subgroup 4B at 5.0 ppm;
Berry group 13 at 1.0 ppm; carrot, roots at 0.25 ppm; corn, field,
forage at 12 ppm; corn, sweet, forage at 6.0 ppm; corn, field, grain at
0.2 ppm; corn, pop, grain at 0.2 ppm; corn, field, stover at 30 ppm;
corn, pop, stover at 30 ppm; corn, sweet, stover at 30 ppm; goat, fat
at 0.05 ppm; goat, meat at 0.05 ppm; goat, meat byproducts, except
liver and kidney at 0.05 ppm; hog, kidney at 0.2 ppm; hog, liver at 0.2
ppm; horse, fat at 0.05 ppm; horse, meat at 0.05 ppm; horse, meat
byproducts, except liver and kidney at 0.05 ppm; spearmint, tops at 3.5
ppm; peppermint, tops at 3.5 ppm; oat, forage at 1.7 ppm; oat, grain at
0.3 ppm; oat, hay at 1.4 ppm; oat, straw at 10 ppm; onion, bulb at 0.2
ppm; onion, green at 9.0 ppm; pistachio at 0.1 ppm; rice, bran at 15
ppm; rice, grain at 7.0 ppm; rice, hulls at 20 ppm; rice, straw at 18
ppm; rye, grain at 0.3 ppm; rye, forage at 1.7 ppm; rye, straw at 10
ppm; rye, bran at 0.6 ppm; sorghum, grain, forage at 12 ppm; sorghum,
grain, grain at 3.5 ppm; sorghum, grain, stover at 15 ppm; sheep, fat
at 0.05 ppm; sheep, meat at 0.05 ppm; sheep, meat byproducts, except
liver and kidney at 0.05 ppm; soybean, forage at 11 ppm; soybean, hay
at 30 ppm; soybean, seed at 2.0 ppm; strawberry at 1.3 ppm; beet,
sugar, dried pulp at 1.0 ppm; beet, sugar, roots at 0.3 ppm; beet,
sugar, tops at 10 ppm; beet, sugar, molasses at 1.5 ppm; nut, tree,
group 14 at 0.1 ppm; wheat, bran at 0.6 ppm; wheat, forage at 1.7 ppm;
wheat, grain at 0.3 ppm; wheat, hay at 1.4 ppm; wheat, straw at 10 ppm;
cranberry at 1.0 ppm; and inadvertent residues in or on alfalfa, forage
at 0.1 ppm and alfalfa, hay at 0.1 ppm. EPA's assessment of exposures
and risks associated with establishing the tolerance follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered its
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children. Specific information on the studies received and the nature
of the toxic effects caused by propiconazole as well as the no-
observed-adverse-effect-level (NOAEL) and the lowest-observed-adverse-
effect-level (LOAEL) from the toxicity studies can be found at
http://www.regulations.gov Docket No. EPA-HQ-OPP-2006-0347-0005; pages 35-42.

B. Toxicological Endpoints

    For hazards that have a threshold below which there is no
appreciable risk, the dose at which no adverse effects are observed
(the NOAEL) from the toxicology study identified as appropriate for use
in risk assessment is used to estimate the toxicological level of
concern (LOC). However, the lowest dose at which adverse effects of
concern are identified (the LOAEL) is sometimes used for risk
assessment if no NOAEL was achieved in the toxicology study selected.
An uncertainty factor (UF) is applied to reflect uncertainties inherent
in the extrapolation from laboratory animal data to humans and in the
variations in sensitivity among members of the human population as well
as other unknowns.
    The linear default risk methodology (Q*) is the primary method
currently used by the Agency to quantify non-threshold hazards such as
cancer. The Q* approach assumes that any amount of exposure will lead
to some degree of cancer risk, estimates risk in terms of the
probability of occurrence of additional cancer cases. More information
can be found on the general principles EPA uses in risk
characterization at http://www.epa.gov/pesticides/health/human.htm.

    A summary of the toxicological endpoints for propiconazole used for
human risk assessment is discussed at http://www.regulations.gov Docket No.

EPA-HQ-OPP-2006-0347-0004; pages 23-25.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. Tolerances have been
established (40 CFR 180.434) for the combined residues of propiconazole
and its metabolites containing the dichlorobenzoic acid (DCBA) moiety
expressed as parent compound, in or on a variety of raw agricultural
commodities. Tolerances are also established for residues of
propiconazole and its metabolites containing the dichlorobenzoic acid
(DCBA) moiety expressed as parent compound in or on milk as well as
fat, meat, kidney, liver and meat by products of cattle, goats, hogs,
horse, and sheep. Some of these existing tolerances are being revised
as a result of this action. Risk assessments were conducted by EPA to
assess dietary exposures from propiconazole in food as follows:
    i. Acute exposure. Quantitative acute dietary exposure and risk
assessments are performed for a food-use pesticide, if a toxicological
study has indicated the possibility of an effect of concern occurring
as a result of a 1-day or single exposure.
    In conducting the acute dietary exposure assessment EPA used the
Dietary Exposure Evaluation Model software with the Food Commodity
Intake Database (DEEM-FCID\TM\), which incorporates food consumption
data as reported by respondents in the USDA 1994-1996 and 1998
nationwide Continuing Surveys of Food Intake by Individuals (CSFII),
and accumulated exposure to the chemical for each commodity. The
following assumptions were made for the acute exposure assessments:
Tolerance levels and one hundred percent of the crops were treated for
all proposed new uses, revised uses, and existing uses.
    ii. Chronic exposure. In conducting the chronic dietary exposure
assessment EPA used the DEEM-FCID\TM\, which incorporates food
consumption data as reported by respondents in the USDA 1994-1996 and
1998 nationwide CSFII, and accumulated exposure to the chemical for
each commodity. The following assumptions were made for the chronic
exposure assessments: Tolerance levels and 100% of the crops were
treated for all proposed new uses, revised uses, and existing uses.
    iii. Cancer. Propiconazole has been classified as a group C
(possible human carcinogen). The Agency concluded that the chronic risk
assessment, making use of the chronic population adjusted dose (cPAD),
is protective of any potential carcinogenic risk.
    2. Dietary exposure from drinking water. The Agency lacks
sufficient monitoring exposure data to complete a comprehensive dietary
exposure analysis and risk assessment for propiconazole in drinking
water. Because the Agency does not have comprehensive monitoring data,
drinking water concentration estimates are made by reliance on
simulation or modeling taking into account data on the physical
characteristics of propiconazole. Further information regarding EPA
drinking water models used in pesticide exposure assessment

can be found at http://www.epa.gov/oppefed1/models/water/index.htm.

    A registrant drinking water monitoring study showed very few
detections among a total of 38 selected community water systems in 12
states. The Agency concluded that the sampling scheduling of this
monitoring study is not rigorous enough to be used for water
assessment. Since the monitoring studies did not provide good quality
data, this drinking water assessment is based on the model predicted
drinking water concentrations.
    Based on the Pesticide Root Zone Model/Exposure Analysis Modeling
System (PRZM/EXAMS) and Screening concentration in Ground Water (SCI-
GROW) models, the estimated environmental concentrations (EECs) of
propiconazole for acute exposures are estimated to be 55.8 parts per
billion (ppb) for surface water and 0.64 ppb for ground water. The EECs
for chronic exposures are estimated to be 21.6 ppb for surface water
and 0.64 ppb for ground water.
    To estimate surface water for each specific use, the maximum
allowable label rate was input into PRZM/EXAMS. The output
concentrations were without percent cropped area (PCA) consideration.
The final estimated drinking water concentrations were then adjusted
with the proper PCA. Except the uses of soybean (0.41 ppb) and wheat
(0.56 ppb), other uses assume the default PCA of 0.87 ppb. Among these
modeling results, turf use gives the highest acute concentration of
55.78 ppb (Microgram/liter ([micro]g/L)). For the chronic exposure,
turf use has the highest concentration of 21.61 ppb ([micro]g/L).
    The EECs in ground water were calculated using the Tier I SCI-GROW
model. SCI-GROW is neither scenario- nor crop-specific. The only input
requirements are application rate, number of applications,
Koc, and aerobic soil metabolism half-life. The higher
estimated concentrations are associated with the higher rate. Turf use
has the highest concentration of 0.64 [micro]g/L (ppb). Modeled
estimates of drinking water concentrations were directly entered into
the dietary exposure model (DEEM-FCID(\TM\)). For acute dietary risk
assessment, the peak water concentration value of 55.8 ppb was used to
access the contribution to drinking water. For chronic dietary risk
assessment, the annual average concentration of 21.6 ppb was used to
access the contribution to drinking water.
    3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., for lawn and garden pest control, indoor pest control,
termiticides, and flea and tick control on pets).
    Propiconazole is currently registered for use on the following
residential non-dietary sites: Ground covers; turf and ornamentals in
lawns and golf courses; ornamentals trees (injection); shade trees
(outdoor spray); herbaceous plants; ornamental woody shrubs and vines
and antimicrobial uses in paint and wood protection treatment. The risk
assessment was conducted using the following residential exposure
assumptions:
    Homeowners can be exposed to propiconazole through dermal and
inhalation routes while applying home use products. All risk
calculations were conducted using the maximum turf application rate
(1.8 lb ai/acre). The anticipated use patterns and current labeling
indicate three major residential exposure scenarios based on the types
of equipment and techniques that can potentially be used to make
propiconazole applications. The quantitative exposure/risk assessment
developed for residential handlers is based on these scenarios:
     Mixer/Loader/applying liquids and wettable powder in water
soluble packets via low pressure handwand.
     Mixer/Loader/applying liquids and wettable powder in water
soluble packets via hose-end sprayer.
     Applying treated paint using airless sprayer and hose-end
spray.
    Residential handler exposure scenarios are considered to be short-
term only due to the infrequent uses associated with homeowner
products.
    The existing residential use patterns result in post application
dermal exposures to adults, and dermal and oral exposures to infants
and children. These exposure scenarios are considered short term only,
due to the fact that:
    i. Post-application exposures were calculated using propiconazole
as the parent compound;
    ii. Compound specific turf transferable residue (TTR) data indicate
that at the Indiana, California, and Pennsylvania test sites, average
total propiconazole residues declined to below the minimum quantifiable
limit (MQL) by 14, 10 and 8 days after treatment, respectively. These
dissipation rates, combined with label specific use rates and frequency
of use specifications, reinforce the hand to mouth short-term exposure
scenario;
    iii. For short term exposure to children 1-2 years old, the driving
factors for this risk assessment are hand to mouth, object to mouth,
and dermal exposure. Soil ingestion is insignificant (margin of
exposure (MOE) >300,000) compared to these factors, indicating that the
post application scenario should be short term only. Although both
residential and antimicrobial uses result in incidental oral and dermal
exposure to children, the highest incidental oral and dermal exposure
scenarios are from residential use on turf, which were used in the
short term aggregate risk assessment.
    In addition to using the EPA's Standard Operational Procedure (SOP)
for residential assessment, the study specific turf transferable
residue (TTR) was used to estimate exposures. The EPA combined
exposures resulting from separate post-application exposure scenarios
when it is likely they can occur simultaneously based on the use-
pattern and the behavior associated with the exposed population. The
assumptions used for each of the scenarios separately are considered to
account for potential high levels of exposure (i.e., time spent
outdoors, dislodgeable residues) therefore, combining all these
activities together is considered a very high end estimate of exposure.
Propiconazole is classified as a non-volatile chemical; therefore a
residential inhalation post-application assessment was not assessed.
    The only residential use scenario that will result in potential
intermediate term exposure to propiconazole is post application
exposure to children from wood treatment (antimicrobial use) from
incidental oral and dermal contact activities.
    4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of the 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.''
    Propiconazole is a member of the triazole-containing class of
pesticides. Although conazoles act similarly in plants (fungi) by
inhibiting ergosterol biosynthesis, there is not necessarily a
relationship between this pesticidal activity and their mechanism of
toxicity in mammals. Structural similarities do not constitute a common
mechanism of toxicity. Evidence is needed to establish that the
chemicals operate by the same, or essentially the same sequence of
major biochemical events (EPA, 2002). In conazoles, however, a variable
pattern of toxicological responses is found. Some are hepatotoxic and
hepatocarcinogenic in mice. Some

induce thyroid tumors in rats. Some induce developmental, reproductive,
and neurological effects in rodents. Furthermore, the conazoles produce
a diverse range of biochemical events including altered cholesterol
levels, stress responses, and altered DNA methylation. It is not
clearly understood whether these biochemical events are directly
connected to their toxicological outcomes. Thus, there is currently no
evidence to indicate that conazoles share common mechanisms of toxicity
and EPA is not following a cumulative risk approach based on a common
mechanism of toxicity for the conazoles. For information regarding
EPA's procedures for cumulating effects from substances found to have a
common mechanism of toxicity, see EPA's website at http://www.epa.gov/pesticides/cumulative
.

    Propiconazole is a triazole-derived pesticide. This class of
compounds can form the common metabolite 1,2,4-triazole conjugates
(triazole alanine and triazole acetic acid). To support existing
tolerances and to establish new tolerances for triazole-derivative
pesticides, including propiconazole, EPA conducted a human health risk
assessment for exposure to 1,2,4-triazole, triazole alanine, and
triazole acetic acid resulting from the use of all current and pending
uses of any triazole-derived fungicide. The risk assessment is highly
conservative, screening-level evaluation in terms of hazards associated
with common metabolites (e.g., use of a maximum combination of
uncertainty factors) and potential dietary and non-dietary exposures
(i.e., high end estimates of both dietary and non-dietary exposures).
In addition, the Agency retained the additional 10X FQPA safety factor
for the protection of infants and children. The assessment includes
evaluations of risks for various subgroups, including those comprised
of infants and children. The Agency's complete risk assessment is found
in the propiconazole reregistration docket at http://www.regulations.gov,

Docket ID number EPA-HQ-OPP-2005-0497-0013.

D. Safety Factor for Infants and Children

    1. In general. Section 408 of FFDCA provides that EPA shall apply
an additional tenfold margin of safety for infants and children in the
case of threshold effects to account for prenatal and postnatal
toxicity and the completeness of the database on toxicity and exposure
unless EPA determines based on reliable data that a different margin of
safety will be safe for infants and children. Margins of safety are
incorporated into EPA risk assessments either directly through use of a
MOE analysis or through using uncertainty (safety) factors in
calculating a dose level that poses no appreciable risk to humans. In
applying this provision, EPA either retains the default value of 10X
when reliable data do not support the choice of a different factor, or,
if reliable data are available, EPA uses a different additional safety
factor value based on the use of traditional uncertainty factors and/or
special FQPA safety factors, as appropriate.
    2. Prenatal and postnatal sensitivity. There is low concern for
pre- and/or postnatal toxicity resulting from exposure to
propiconazole. In the developmental toxicity study in rats, the EPA
considered the fetal effects observed in this study at a dose lower
than that evoking maternal toxicity to be quantitative evidence of
increased susceptibility of fetuses to in utero exposure to
propiconazole. In the developmental toxicity study in rabbits, the
Agency determined that neither quantitative nor qualitative evidence of
increased susceptibility of fetuses to in utero exposure to
propiconazole was observed in this study. In the 2-generation
reproduction study in rats, neither quantitative nor qualitative
evidence of increased susceptibility of neonates (as compared to
adults) to pre- and/or postnatal exposure to propiconazole was observed
in the study. Since there is quantitative evidence of increased
susceptibility of the young following exposure to propiconazole in the
developmental rat study, the Agency performed a Degree of Concern
Analysis to:
    i. Determine the LOC for the effects observed when considered in
the context of all available toxicity data; and
    ii. Identify any residual uncertainties after establishing toxicity
endpoints and traditional uncertainty factors to be used in the risk
assessment of this chemical. If residual uncertainties are identified,
then EPA examines whether these residual uncertainties can be addressed
by a special FQPA safety factor and, if so, the size of the factor
needed. In the developmental rat study, quantitative susceptibility was
evidenced as increased incidence of rudimentary ribs, unossified
sternebrae, as well as increased incidence of shortened and absent
renal papillae and increased cleft palate at (90 mg/kg/day) a dose
lower than that evoking maternal toxicity (severe clinical toxicity at
300 mg/kg/day). Considering the overall toxicity profile and the doses
and endpoints selected for risk assessment for propiconazole, the EPA
characterized the degree of concern for the effects observed in this
study as low, noting that there is a clear no observed adverse effect
level (NOAEL) and well-characterized dose response for the
developmental effects observed. No residual uncertainties were
identified. The NOAEL for developmental effects in this study (30 mg/
kg/day) is used as the basis for the acute Reference dose (aRfD) for
the female 13-50 population subgroup as well as for short-term
incidental oral, dermal and inhalation endpoints. For all other
toxicity endpoints established for propiconazole, a NOAEL lower than
this developmental NOAEL is used.
    3. Conclusion. There is a complete toxicity data base for
propiconazole and exposure data are complete or are estimated based on
data that reasonably accounts for potential exposures. There is low
concern for pre- and/or postnatal toxicity resulting from exposure to
propiconazole. In the developmental toxicity study in rats the fetal
effects observed were seen at a dose lower than that evoking maternal
toxicity. These effects were considered to be quantitative evidence of
increased susceptibility of fetuses to in utero exposure to
propiconazole. Therefore, as discussed above a Degree of Concern
Analysis was conducted and the EPA concluded that the degree of concern
for the effects observed in this study was low and no residual
uncertainties were identified. EPA determined that the 10X SF to
protect infants and children should be removed.

E. Aggregate Risks and Determination of Safety

    1. Acute risk. Using the exposure assumptions discussed in this
unit for acute exposure, the acute dietary exposure from food and water
to propiconazole will occupy 6% of the acute Population Adjusted Dose
(aPAD) for the U.S. population, 5% of the aPAD for females 13 years and
older, 14% of the aPAD for all infants (< 1 year old), the subpopulation
at greatest exposure, and 13% of the aPAD for children 1-2 years old.
Therefore, EPA does not expect the aggregate exposure to exceed 100% of
the aPAD.
    2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that exposure to
propiconazole from food and water will utilize 6% of the chronic
Population Adjusted Dose (cPAD) for the U.S. population, 14% of the
cPAD for all infants (< 1 year old), and 14% of the cPAD for children 1-
2 years old, the subpopulation at greatest exposure. Based the use
pattern, chronic residential exposure to residues of propiconazole is
not expected.

 Therefore, EPA does not expect the aggregate exposure to exceed 100%
of the cPAD.
    3. Short-term risk. Short-term aggregate exposure takes into
account residential exposure plus chronic exposure to food and water
(considered to be a background exposure level).
    Propiconazole is currently registered for use that could result in
short-term residential exposure and the Agency has determined that it
is appropriate to aggregate chronic food and water and short-term
exposures for propiconazole.
    Using the exposure assumptions described in this unit for short-
term exposures, EPA has concluded that food, water and residential
exposures aggregated result in aggregate MOEs for children 1-2 years
old of 1,100 for hand to mouth activity on turf; 4,500 for object to
mouth activity on turf; 330,000 for soil ingestion; 210 for high
contact turf activities; and 410 from the antimicrobial use of
propiconazole in treated wood. The food, water and residential
exposures aggregated for children 1-2 years old following post-
application of propiconazole result in an aggregate MOE of 160 for high
contact activities. The corresponding aggregate MOE for adults
following post-application exposure is 330. These aggregate MOEs do not
exceed the Agency's LOC for aggregate exposure to food, water and
residential uses. Therefore, EPA does not expect short-term aggregate
exposure to exceed the Agency's LOC.
    4. Intermediate-term risk. Intermediate-term aggregate exposure
takes into account residential exposure plus chronic exposure to food
and water (considered to be a background exposure level).
    Propiconazole is currently registered for use(s) that could result
in intermediate-term residential exposure and the Agency has determined
that it is appropriate to aggregate chronic food and water and
intermediate-term exposures for propiconazole.
    Using the exposure assumptions described in this unit for
intermediate-term exposures, EPA has concluded that food, water and
residential exposures aggregated result in an aggregate MOE of 120 for
combined exposures from incidental oral and dermal contact activities
for children 1-2 years old. These aggregate MOEs do not exceed the
Agency's LOC for aggregate exposure to food, water and residential
uses. Therefore, EPA does not expect intermediate-term aggregate
exposure to exceed the Agency's LOC.
    5. Aggregate cancer risk for U.S. population. The Agency considers
the chronic aggregate risk assessment, making use of the cPAD, to be
protective of any aggregate cancer risk. See Unit III.E.2.
    6. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population, and to infants and children from aggregate
exposure to propiconazole residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology (a gas chromatography (GC) method
using electron capture detection (Method AG-454) is available to
enforce the tolerance expression. The method may be requested from:
Chief, Analytical Chemistry Branch, Environmental Science Center, 701
Mapes Rd., Ft. Meade, MD 20755-5350; telephone number:<PHONE_NUMBER>;
e-mail address<EMAIL_ADDRESS>
B. International Residue Limits

    The Codex Alimentarius Commission has established several maximum
residue limits (MRLs) for propiconazole in/on various raw agricultural
commodities. The Codex MRLs are expressed in terms of propiconazole per
se. In addition, both Canada and Mexico have established MRLs/
tolerances on several commodities which also have U.S. tolerances. The
U.S. tolerance expression includes all metabolites determined as 2,4-
dichloro-benzoic acid. In conjunction with the reregistration process
EPA intends to revise the expression to propiconazole per se. To the
extent possible, for the present petitions, U.S. tolerances have been
numerically harmonized with Codex, Canadian, and Mexican MRLs; however,
differences in use patterns and the supporting residue data have
precluded reducing many tolerances. A summary of Codex MRLs, Canadian
MRLs, and Mexican tolerances and the corresponding U.S. tolerances for
propiconazole is discussed at http://www.regulations.gov Docket No. EPA-HQ-

OPP-2006-0347-0004; pages 53-54.

V. Conclusion

    Therefore, tolerances are established for combined residues of
propiconazole and its metabolites containing the dichlorobenzoic acid
(DCBA) moiety expressed as parent compound in or on grain, aspirated
fractions at 30 ppm; almond, hulls at 7.0 ppm; barley, grain at 0.3
ppm; barley, hay at 1.4 ppm; barley, straw at 10 ppm; barley, bran at
0.6 ppm; cattle, fat at 0.05 ppm; cattle, meat at 0.05 ppm; cattle,
meat byproducts, except liver and kidney at 0.05 ppm; leafy petioles,
subgroup 4B at 5.0 ppm; Berry group 13 at 1.0 ppm; carrot, roots at
0.25 ppm; corn, field, forage at 12 ppm; corn, sweet, forage at 6.0
ppm; corn, field, grain at 0.2 ppm; corn, pop, grain at 0.2 ppm; corn,
field, stover at 30 ppm; corn, pop, stover at 30 ppm; corn, sweet,
stover at 30 ppm; goat, fat at 0.05 ppm; goat, meat at 0.05 ppm; goat,
meat byproducts, except liver and kidney at 0.05 ppm; hog, kidney at
0.2 ppm; hog, liver at 0.2 ppm; horse, fat at 0.05 ppm; horse, meat at
0.05 ppm; horse, meat byproducts, except liver and kidney at 0.05 ppm;
spearmint, tops at 3.5 ppm; peppermint, tops at 3.5 ppm; oat, forage at
1.7 ppm; oat, grain at 0.3 ppm; oat, hay at 1.4 ppm; oat, straw at 10
ppm; onion, bulb at 0.2 ppm; onion, green at 9.0 ppm; pistachio at 0.1
ppm; rice, bran at 15 ppm; rice, grain at 7.0 ppm; rice, hulls at 20
ppm; rice, straw at 18 ppm; rye, grain at 0.3 ppm; rye, forage at 1.7
ppm; rye, straw at 10 ppm; rye, bran at 0.6 ppm; sorghum, grain, forage
at 12 ppm; sorghum, grain, grain at 3.5 ppm; sorghum, grain, stover at
15 ppm; sheep, fat at 0.05 ppm; sheep, meat at 0.05 ppm; sheep, meat
byproducts, except liver and kidney at 0.05 ppm; soybean, forage at 11
ppm; soybean, hay at 30 ppm; soybean, seed at 2.0 ppm; strawberry at
1.3 ppm; beet, sugar, dried pulp at 1.0 ppm; beet, sugar, roots at 0.3
ppm; beet, sugar, tops at 10 ppm; beet, sugar, molasses at 1.5 ppm;
nut, tree, group 14 at 0.1 ppm; wheat, bran at 0.6 ppm; wheat, forage
at 1.7 ppm; wheat, grain at 0.3 ppm; wheat, hay at 1.4 ppm; wheat,
straw at 10 ppm; cranberry at 1.0 ppm; and inadvertent residues in or
on alfalfa, forage at 0.1 ppm and alfalfa, hay at 0.1 ppm.

VI. Statutory and Executive Order Reviews

    This final rule establishes a tolerance under section 408(d) of
FFDCA in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993). Because this rule has been
exempted from review under Executive Order 12866 due to its lack of
significance, this rule is not subject to Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 22, 2001). This final rule does
not contain any information collections subject to OMB approval under
the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., or impose
any

enforceable duty or contain any unfunded mandate as described under
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law
104-4). 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); or OMB review or any Agency action under Executive
Order 13045, entitled Protection of Children from Environmental Health
Risks and Safety Risks (62 FR 19885, April 23, 1997). This action does
not involve any technical standards that would require Agency
consideration of voluntary consensus standards pursuant to section
12(d) of the National Technology Transfer and Advancement Act of 1995
(NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 note). Since
tolerances and exemptions that are established on the basis of a
petition under section 408(d) of FFDCA, such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply. In addition, the Agency has determined that this
action will not have a substantial direct effect on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132, entitled
Federalism(64 FR 43255, August 10, 1999). Executive Order 13132
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by State and local officials in the development of
regulatory policies that have federalism implications.'' ``Policies
that have federalism implications'' is defined in the Executive order
to include regulations that have ``substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government.'' This final rule directly regulates
growers, food processors, food handlers and food retailers, not States.
This action does not alter the relationships or distribution of power
and responsibilities established by Congress in the preemption
provisions of section 408(n)(4) of FFDCA. For these same reasons, the
Agency has determined that this rule does not have any ``tribal
implications'' as described in Executive Order 13175, entitled
Consultation and Coordination with Indian Tribal Governments (65 FR
67249, November 6, 2000). Executive Order 13175, requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by tribal officials in the development of regulatory policies that have
tribal implications.'' ``Policies that have tribal implications'' is
defined in the Executive order to include regulations that have
``substantial direct effects on one or more Indian tribes, on the
relationship between the Federal Government and the Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes.'' This rule will not have substantial
direct effects on tribal governments, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes,
as specified in Executive Order 13175. Thus, Executive Order 13175 does
not apply to this rule.

VII. Congressional Review Act

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

List of Subjects in 40 CFR Part 180

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

    Dated: September 12, 2006.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. Section 180.434 is revised to read as follows:

Sec.  180.434   Propiconazole; tolerances for residue.

    (a) General. Tolerances are established for the combined residues
of the fungicide 1-[[2-(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl]
methyl]-1H-1,2,4-triazole and its metabolites determined as 2,4-
dichlorobenzoic acid and expressed as parent compound in or on the
following commodities:

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
 Almond, hulls.......................................                7.0
Banana...............................................                0.2
Barley, bran.........................................                0.6
Barley, grain........................................                0.3
Barley, hay..........................................                1.4
Barley, straw........................................                 10
Beet, sugar, dried pulp..............................                1.0
Beet, sugar, molasses................................                1.5
Beet, sugar, roots...................................                0.3
Beet, sugar, tops....................................                 10
Berry, group 13......................................                1.0
Carrot, roots........................................               0.25
Cattle, fat..........................................               0.05
Cattle, kidney.......................................                2.0
Cattle, liver........................................                2.0
Cattle, meat.........................................               0.05
Cattle, meat byproducts, except liver and kidney.....               0.05
Corn, field, forage..................................                 12
Corn, field, grain...................................                0.2
Corn, field, stover..................................                 30
Corn, pop, grain.....................................                0.2
Corn, pop, stover....................................                 30
Corn, sweet, forage..................................                6.0
Corn, sweet, kernel plus cob with husks removed......                0.1
Corn, sweet, stover..................................                 30
Fruit, stone, group 12...............................                1.0
Goat, fat............................................               0.05
Goat, kidney.........................................                2.0
Goat, liver..........................................                2.0
Goat, meat...........................................               0.05
Goat, meat byproducts, except liver and kidney.......               0.05
Grain, aspirated fractions...........................                 30
Grass, forage........................................                0.5
Grass, hay...........................................                0.5
Grass, straw.........................................                 40
Hog, kidney..........................................                0.2
Hog, liver...........................................                0.2
Horse, fat...........................................               0.05
Horse, kidney........................................                2.0
Horse, liver.........................................                2.0
Horse, meat..........................................               0.05
Horse, meat byproducts, except liver and kidney......               0.05
Leaf petioles, subgroup 4B...........................                5.0
Milk.................................................               0.05
Mushroom.............................................                0.1
Nut, tree, group 14..................................                0.1
Oat, forage..........................................                1.7
Oat, grain...........................................                0.3
Oat, hay.............................................                1.4
Oat, straw...........................................                 10
Onion, bulb..........................................                0.2
Onion, green.........................................                9.0
Peanut...............................................                0.2
Peanut, hay..........................................                 20
Peppermint, tops.....................................                3.5
Pineapple............................................                0.1

Pistachio............................................                0.1
Rice, bran...........................................                 15
Rice, grain..........................................                7.0
Rice, hulls..........................................                 20
Rice, straw..........................................                 18
Rye, bran............................................                0.6
Rye, forage..........................................                1.7
Rye, grain...........................................                0.3
Rye, straw...........................................                 10
Sheep, fat...........................................               0.05
Sheep, kidney........................................                2.0
Sheep, liver.........................................                2.0
Sheep, meat..........................................               0.05
Sheep, meat byproducts, except liver and kidney......               0.05
Sorghum, grain, forage...............................                 12
Sorghum, grain, grain................................                3.5
Sorghum, grain, stover...............................                 15
Soybean, forage......................................                 11
Soybean, hay.........................................                 30
Soybean, seed........................................                2.0
Spearmint, tops......................................                3.5
Strawberry...........................................                1.3
Wheat, bran..........................................                0.6
Wheat, forage........................................                1.7
Wheat, grain.........................................                0.3
Wheat, hay...........................................                1.4
Wheat, straw.........................................                 10
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. A tolerance with
regional registration, as defined in Sec. 180.1(m), is established for
residues of 1-[[2-(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2-
yl]methyl]-1H-1,2,4-triazole and its metabolites determined as 2,4-
dichlorobenzoic acid and expressed as parent compound, in or on the
following commodities:

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
 Cranberry...........................................                1.0
Rice, wild...........................................                0.5
------------------------------------------------------------------------

    (d) Indirect or inadvertent residues. Tolerances are established
for the combined residues of the fungicide 1-[[2-(2,4-dichlorophenyl)-
4-propyl-1,3-dioxolan-2-yl] methyl]-1H-1,2,4-triazole and its
metabolites determined as 2,4-dichlorobenzoic acid and expressed as
parent compound in or on the following commodities when present therein
as a result of application of propiconazole to growing crops in
paragraphs (a) and (c) of this section:

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
 Alfalfa, forage.....................................                0.1
Alfalfa, hay.........................................                0.1
------------------------------------------------------------------------

[FR Doc. 06-8064 Filed 9-21-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 81, Number 9 (Thursday, January 14, 2016)]
[Notices]
[Pages 1986-1987]
[FR Doc No: 2016-00657]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0346]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of denials.

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

SUMMARY: FMCSA announces its denial of 100 applications from
individuals who requested an exemption from the Federal vision standard
applicable to interstate truck and bus drivers and the reasons for the
denials. FMCSA has statutory authority to exempt individuals from the
vision requirement if the exemptions granted will not compromise
safety. The Agency has concluded that granting these exemptions does
not provide a level of safety that will be equivalent to, or greater
than, the level of safety maintained without the exemptions for these
commercial motor vehicle (CMV) drivers.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director,
Carrier, Driver and Vehicle Safety Standards,<PHONE_NUMBER>,
<EMAIL_ADDRESS>FMCSA, Department of Transportation, 1200 New
Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office
hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except
Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal vision standard for a renewable 2-year period if it
finds ``such an exemption would likely achieve a level of safety that
is equivalent to or greater than the level that would be achieved
absent such an exemption.'' The procedures for requesting an exemption
are set forth in 49 CFR part 381.
    Accordingly, FMCSA evaluated 100 individual exemption requests on
their merit and made a determination that these applicants do not
satisfy the criteria eligibility or meet the terms and conditions of
the Federal exemption program. Each applicant has, prior to this
notice, received a letter of final disposition on the exemption
request. Those decision letters fully outlined the basis for the denial
and constitute final Agency action. The list published in this notice
summarizes the Agency's recent denials as required under 49 U.S.C.
31315(b)(4) by periodically publishing names and reasons for denial.
    The following 14 applicants had no experience operating a CMV:

Charles A. Bell
William R. J. Brown
Reginald Davis, Jr.
Ian S. Gunning
Lionel J. Kelley Jr.
Nina Y. Lenthe
Armando Moronez, Jr.
Daryl S. Payton
Michael Picklesimer
Andre A. Taft
Mark O. Teeter
Caitlin Teves
William D. Wright
Laura L. Zomlot

    The following 24 applicants did not have 3 years of experience
driving a CMV on public highways with their vision deficiencies:

Shawn T. Cobbs
Glen D. Crawford
David Dibb
Armando Duval Sr.
Jamie A. Edson
Roger Ferry
Robert C. Findley
Jose A. Flores
Karl D. Graves
William A. Lamkie
Runger H. Langston
Bradley W. Lovelace
Tyrone Marrs
Edmund R. Morrison, IV
Alan L. Ofstad
John N. Pozworski
Stanley Reed
Tyrone M. Reese
Phillip A. Reilly
Walter A. Robidoux
Rodger L. Shaver
Monty W. Torrance
Scott A. Van Zandt
Neil D. Wangsness

    The following 10 applicants did not have three years of recent
experience driving a CMV with the vision deficiency:

Jason L. Cash
Stanley L. Gordon
John A. Gwinn
Terry L. Haggerty
Ryan A. Hale
Trish A. Melvin
Michele L. Mickelson
Daniel G. Vaughan
Ornando K. Welsey
Leonard F. Wood

    The following 3 applicants did not have sufficient driving
experience during the past three years under normal highway operating
conditions:

Michael E. Jones
Robert C. Lemke
Eric R. Padgett

    The following applicant, Mark L. Julin, was charged with a moving
violation(s) in conjunction with a CMV accident(s).
    The following applicant, Randall K. Robertson, does not have
sufficient peripheral vision in the better eye to qualify for an
exemption.
    The following 6 applicants had their commercial driver's licenses
suspended during the previous 3-year period:

Charles E. Calhoun
Darrin G. Coffee
Jason Lennon
Mark Matthews
Christopher W. Moore
Carlton Yuille

    The following applicant, Kenton D. McCullough, contributed to an
accident(s) while operating a CMV.
    The following 11 applicants were denied for multiple reasons:

Keith J. Berger
Matthew R. Carricaburu
Bill Castillo
Randal A. Ferguson
Scott A. Hambleton
Melvin Nelson
Luis R. Olivas
Benajmin M. Pirner
Russell T. Snorek
Blake E. Spires
Gerard R. Talbot

    The following 2 applicants did not have stable vision for the
entire three-year period:

Trent C. McCain
William D. Wallace

    The following applicant, Jakob Dueck, is a Canadian citizen.
    The following 2 applicants do not meet the vision standard in the
better eye:

Michael S. Watson
WM C. White, Jr.

    The following 8 applicants met the current federal vision
standards. Exemptions are not required for applicants who meet the
current regulations for vision:

Paul Blanford
Joel C. Conrad
Dillon R. Dupont
Christopher S. Fant
Michael J. Hinkle
Byron C. Pratt
John E. Reiter
Jerry L. Vandervegt

    The following 14 applicants were denied because they will not be
driving interstate, interstate commerce, or are not required to carry a
DOT medical card:

Gary Bridgewater, Jr.
Robert W. Dunn
Lawrence S. Frick
William D. Hauser
Jesus Hernandez, Jr.
Steven E. Herrick
Gina M. Kiser
Travis McCoy
Roy R. Owens
William D. Robinson
Luis Romero
Jonathan A. Slatten
Raymond Stonaker
Tammy S. Whitford

    Finally, the following 2 applicants perform transportation for the
federal government, state, or any political sub-division of the state.

Scott A. Lamb
Richard M. Marti

    Issued on: January 6, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-00657 Filed 1-13-16; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 85, Number 78 (Wednesday, April 22, 2020)]
[Notices]
[Pages 22417-22419]
[FR Doc No: 2020-08447]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 298-081]

Southern California Edison Company; Notice of Application
Accepted for Filing, Soliciting Motions To Intervene and Protests,
Ready for Environmental Analysis, and Soliciting Comments,
Recommendations, Preliminary Terms and Conditions, and Preliminary
Fishway Prescriptions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 298-081.
    c. Date Filed: December 23, 2019.
    d. Applicant: Southern California Edison Company.
    e. Name of Project: Kaweah Hydroelectric Project.
    f. Location: The existing project is located on the Kaweah River
and East Fork Kaweah River in Tulare County, California. The project
occupies 176.26 acres of public lands administered by the Bureau of
Land Management. The project incorporates non-project facilities
(diversion structures and water conveyance facilities) located within
Sequoia National Park, which are authorized by a National Park Service
special use permit.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Wayne P. Allen, Principle Manager, Hydro
Licensing and Implementation, Southern California Edison Company, 1515
Walnut Grove Avenue, Rosemead, CA 91770,<PHONE_NUMBER> or email at
<EMAIL_ADDRESS>    i. FERC Contact: Jim Hastreiter,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. Deadline for filing motions to intervene and protests, comments,
recommendations, preliminary terms and conditions, and preliminary
prescriptions: 60 days from the issuance date of this notice; reply
comments are due 105 days from the issuance date of this notice. The
Commission strongly encourages electronic filing. Please file motions
to intervene, protests, comments, recommendations, preliminary terms
and conditions, and preliminary fishway prescriptions using the
Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. The first page of any filing should include
docket number P-298-081.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. This application has been accepted for filing and is now ready
for environmental analysis.
    l. The Kaweah Project has three developments.

Kaweah No. 1

    This development consists of: (1) A 20-foot-long and 6-foot-high
concrete diversion dam on the East Fork Kaweah River, (2) a 30,723-
foot-long steel flume, (3) a forebay tank, (4) a 3,340-foot-long
penstock, and (4) a powerhouse with an impulse turbine rated at 2.25
megawatts (MW).

Kaweah No. 2

    This development consists of: (1) A 161-foot-long and 7-foot-high
masonry diversion dam on the Kaweah River, (2) a 16,738-foot-long
concrete-lined ditch, (3) a 3,822-foot-long steel flume, (4) a 1,047-
foot-long steel pipe, (5) a forebay, (6) a 1,012-foot-long buried
penstock, and (7) a powerhouse with a Francis turbine rated at 1.8 MW.

Kaweah No. 3

    This development consists of: (1) A 2,580-foot-long concrete-lined
flume, (2) an embankment forebay, (3) a 3,151-foot-long penstock, and
(4) a powerhouse with two impulse turbines rated at a combined 4.8 MW.
    The project has a primary 4.09-mile-long transmission line
extending from the Kaweah No. 3 powerhouse to a substation, and two tap
lines (120-foot-long and 0.4-mile-long) connecting Kaweah No. 1 and No.
2 powerhouses, respectively, to the primary line, and appurtenant
facilities.

Non-Project Facilities

    The project makes use of several non-project facilities located in
Sequoia National Park. These facilities comprise portions of Kaweah No.
1 and No. 3 developments: (1) Two diversion structures on the Middle
Fork and Marble Fork Kaweah Rivers, (2) a 21,000-foot-long steel flume
that is the initial section of flowline which conveys water to the
Kaweah No. 3 powerhouse, and (3) four small reservoirs on the East Fork
Kaweah River. These facilities are operated under a special use permit
(Permit No. PWR-SEKI-6000-2016-015) issued to SCE by the National Park
Service, which expires on September 8, 2026.

Project Boundary

    SCE is proposing the following modifications to the existing
project boundary to include all lands necessary for operation and
maintenance of the project, remove lands no longer necessary for
operation and maintenance of the project, and correct known errors in
the current Exhibit G for the project.

Boundary Increases

    The project boundary will be increased to include the following
existing project facilities that are currently outside the boundary.
Kaweah No. 1 Development
 Kaweah No. 1 Gaging Cableway (Map G-1h)
 Kaweah No. 1 Diversion Solar Panel (Map G-1h)
 Kaweah No. 1 Solar Yard Satellite Repeater (Map G-1h)
 Kaweah No. 1 Flowline Access Road--Unnamed (portion) (Map G-
1h)
 Kaweah No. 1 Flowline Access Road--Bear Canyon (portion) (Map
G-1h)
 Kaweah No. 1 Flowline Access Road--Slick Rock (portion) (Map
G-1h)
Kaweah No. 2 Development
 Kaweah No. 2 Gaging Cableway (Map G-1d)
 Kaweah No. 2 Flowline--West Access Road (portion) (Map G-1b)
 Kaweah No. 2 Flowline--Center Access Road (portion) (Map G-1b)
 Kaweah No. 2 Flowline Access Road--Canal 6 West (Map G-1c)
 Kaweah No. 2 Flowline Access Road--Canal 6 East (Map G-1c)
 Kaweah No. 2 Flowline Access Road--Canal 5 (portion) (Map G-
1c)
 Kaweah No. 2 Flowline Access Road--Canal 4 West (Map G-1c)
 Kaweah No. 2 Flowline Access Road--Canal 4 East (Map G-1c)
 Kaweah No. 2 Flowline Access Road--Canal 2 Brushout Grid
(portion) (Map G-1c)

Boundary Decreases

    The project boundary will be decreased to remove communication line
and road corridors that are no longer necessary for operation and
maintenance of the project.
Kaweah No. 1 Development
 Communication line corridor along Kaweah No. 1 Flowline in the
vicinity of Kaweah No. 1 Diversion Dam (Map G-1h)
 Communication line corridor along Kaweah No. 1 Flowline in the
vicinity of Kaweah No. 1 Forebay Tank (Map G-1f)
 Communication line corridor between Kaweah No. 1 Powerhouse
and Kaweah No. 2 Flowline (Map G-1b)
Kaweah No. 2 Development
 Communication line corridor along the Kaweah No. 2 Flowline in
the vicinity of Flume 9/Flume 10 (Map G-1b)
 Communication line corridor along the Kaweah No. 2 Flowline in
the vicinity of Canal 9 (Map G-1b)
 Communication line corridor along the Kaweah No. 2 Flowline in
the vicinity of Canal 6 (Map G-1c)
 Communication line corridor along the Kaweah No. 2 Flowline in
the vicinity of Flume 5 (Map G-1c)
 Communication line corridor along the Kaweah No. 2 Flowline in
the vicinity of Flume 2 (Map G-1c)

    The following road corridors will be removed as they are remnants
of the original project which have been removed and are no longer in
existence.
Kaweah No. 2 Development
 Road corridor along the Kaweah No. 2 Flowline in the vicinity
of Canal 9 (Map G-1b)
 Road corridor from Kaweah No. 2 Flowline--East Access Road to
Kaweah No. 2 Flowline (Map G-1c)
Kaweah No. 3 Development
 Road corridor from Kaweah No. 3 Forebay Road to Kaweah No. 3
Penstock (Map G-1d)

Boundary Corrections

    The project boundary will be further modified because a review of
the existing boundary against the latest data sources available for the
project resulted in some corrections to the project boundary currently
approved by the Commission. These specific instances of boundary
corrections will be included in the revised Exhibit G.
    m. The Commission provides all interested persons an opportunity to
view and/or print the license application via the internet through the
Commission's Home Page (http://www.ferc.gov) using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. At this time, the
Commission has suspended access to Commission's Public Reference Room,
due to the proclamation declaring a National Emergency concerning the
Novel Coronavirus Disease (COVID-19), issued by the President on March
13, 2020. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). A copy is also available for inspection and reproduction at
the address in item (h) above.
    Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Anyone may submit comments, a protest, or a motion to intervene
in accordance with the requirements of Rules of Practice and Procedure,
18 CFR 385.210, .211, and .214. In determining the appropriate action
to take, the Commission will consider all protests or other comments
filed, but only those who file a motion to intervene in accordance with
the Commission's Rules may become a party to the proceeding. Any
comments, protests, or motions to intervene must be received on or
before the specified comment date for the particular application.
    All filings must (1) bear in all capital letters the title
``PROTEST'', ``MOTION TO INTERVENE'', ``COMMENTS,'' ``REPLY COMMENTS,''
``RECOMMENDATIONS,'' ``PRELIMINARY TERMS AND CONDITIONS,'' or
``PRELIMINARY FISHWAY PRESCRIPTIONS;'' (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, recommendations, terms and conditions or prescriptions must
set forth their evidentiary basis and otherwise comply with the
requirements of 18 CFR 4.34(b). Agencies may obtain copies of the
application directly from the applicant. A copy of any protest or
motion to intervene must be served

upon each representative of the applicant specified in the particular
application. A copy of all other filings in reference to this
application must be accompanied by proof of service on all persons
listed in the service list prepared by the Commission in this
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.
    o. Procedural Schedule: The application will be processed according
to the following schedule. Revisions to the schedule will be made as
appropriate.

------------------------------------------------------------------------
               Milestone                           Target date
------------------------------------------------------------------------
Filing of recommendations, preliminary   June 2020.
 terms and conditions, and preliminary
 fishway prescriptions.
Commission issues Draft EA or EIS......  February 2021.
Comments on Draft EA or EIS............  March 2021.
Modified Terms and Conditions..........  May 2021.
Commission Issues Final EA or EIS......  August 2021.
------------------------------------------------------------------------

    p. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of this notice.
    q. A license applicant must file no later than 60 days following
the date of issuance of the notice of acceptance and ready for
environmental analysis provided for in 5.22: (1) A copy of the water
quality certification; (2) a copy of the request for certification,
including proof of the date on which the certifying agency received the
request; or (3) evidence of waiver of water quality certification.

    Dated: April 15, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-08447 Filed 4-21-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 90 (Thursday, May 9, 2013)]
[Notices]
[Page 27216]
[FR Doc No: 2013-11046]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 487-104]

PPL Holtwood, LLC; Notice of Application Accepted for Filing,
Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Non-project use of project lands and waters.
    b. Project No: 487-104.
    c. Date Filed: April 2, 2013.
    d. Applicant: PPL Holtwood, LLC.
    e. Name of Project: Wallenpaupack Hydroelectric Project.
    f. Location: Wallenpaupack Creek and the Lackawaxen River in Pike
and Wayne Counties, borough of Hawley, Pennsylvania.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Heather L. Hopkins, Lake Wallenpaupack Policy
Supervisor, PPL Holtwood, LLC, 126 PPL Drive, P.O. Box 122, Hawley, PA
18428-0122<PHONE_NUMBER>.
    i. FERC Contact: Mary Karwoski,<PHONE_NUMBER>, or email:
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: June 3, 2013.
    All documents may be filed electronically via the Internet. See, 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site at http://www.ferc.gov/docs-filing/efiling.asp. If unable to be
filed electronically, documents may be paper-filed. To paper-file, an
original and seven copies should be mailed to: Secretary, Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426. Commenters can submit brief comments up to 6,000 characters,
without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and
contact information at the end of your comments. Please include the
project number (P-487-104) on any comments or motions filed.
    k. Description of Application: PPL Holtwood, LLC requests
Commission approval to grant Woodlyn Shores Association, Inc. a permit
to use project lands and waters for the expansion of an existing boat
dock by adding capacity for 10 watercraft (wave-runner type). The
proposed expansion will utilize existing dock space and add a six foot
section to the shore side of the dock, extending the overall dock to
its previously licensed length of 225 feet. To accommodate the
additional length, the existing 12-foot shore side ramp will be
replaced with a 20-foot ramp. The ladder on the existing swim dock
immediately to the north will be relocated to the opposite side and a
safety fence and signage will be installed on the swim dock to move
swimmers away from the boat dock.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field (P-487) to access the document. You
may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, call 1-866-
208-3676 or email<EMAIL_ADDRESS>for TTY, call (202) 502-
8659. A copy is also available for inspection and reproduction at the
address in item (h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervener must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: May 3, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-11046 Filed 5-8-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 80 (Friday, April 24, 2020)]
[Notices]
[Pages 23019-23020]
[FR Doc No: 2020-08775]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG20-117-000.
    Applicants: Huntley Solar, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Huntley Solar, LLC.
    Filed Date: 4/17/20.
    Accession Number: 20200417-5283.
    Comments Due: 5 p.m. ET 5/8/20.

    Docket Numbers: EG20-118-000.
    Applicants: Cubico Huntley Lessee, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Cubico Huntley Lessee, LLC.
    Filed Date: 4/17/20.
    Accession Number: 20200417-5284.
    Comments Due: 5 p.m. ET 5/8/20.

    Docket Numbers: EG20-119-000.
    Applicants: Richmond Spider Solar, LLC.
    Description: Self-Certification of EWG of Richmond Spider Solar,
LLC.
    Filed Date: 4/20/20.
    Accession Number: 20200420-5016.
    Comments Due: 5 p.m. ET 5/11/20.

    Docket Numbers: EG20-120-000.
    Applicants: Pleinmont Solar 2, LLC.
    Description: Self-Certification of EG or FC of Pleinmont Solar 2,
LLC.
    Filed Date: 4/20/20.
    Accession Number: 20200420-5017.
    Comments Due: 5 p.m. ET 5/11/20.

    Docket Numbers: EG20-121-000.
    Applicants: Pleinmont Solar 1, LLC.
    Description: Self-Certification of EG of Pleinmont Solar 1, LLC.
    Filed Date: 4/20/20.
    Accession Number: 20200420-5018.
    Comments Due: 5 p.m. ET 5/11/20.

    Docket Numbers: EG20-122-000.
    Applicants: Highlander Solar Energy Station 1, LLC.
    Description: Self-Certification of EG of Highlander Solar Energy
Station 1, LLC.
    Filed Date: 4/20/20.
    Accession Number: 20200420-5019.
    Comments Due: 5 p.m. ET 5/11/20.

    Docket Numbers: EG20-123-000.
    Applicants: Highlander IA, LLC.
    Description: Self-Certification of EG of Highlander IA, LLC.
    Filed Date: 4/20/20.
    Accession Number: 20200420-5020.
    Comments Due: 5 p.m. ET 5/11/20.

    Docket Numbers: EG20-124-000.
    Applicants: Lone Tree Wind, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Lone Tree Wind, LLC.
    Filed Date: 4/20/20.
    Accession Number: 20200420-5079.
    Comments Due: 5 p.m. ET 5/11/20.

    Docket Numbers: EG20-125-000.
    Applicants: Techren Solar III LLC.
    Description: Self-Certification of Techren Solar III LLC.
    Filed Date: 4/20/20.
    Accession Number: 20200420-5081.
    Comments Due: 5 p.m. ET 5/11/20.

    Docket Numbers: EG20-126-000.
    Applicants: Techren Solar IV LLC.
    Description: Self-Certification of EG of Techren Solar IV LLC.
    Filed Date: 4/20/20.
    Accession Number: 20200420-5082.
    Comments Due: 5 p.m. ET 5/11/20.

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

    Docket Numbers: ER06-1128-003.
    Applicants: Mankato Energy Center, LLC.
    Description: Notification of non-material change in status of
Mankato Energy Center, LLC.
    Filed Date: 4/17/20.
    Accession Number: 20200417-5277.
    Comments Due: 5 p.m. ET 5/8/20.

    Docket Numbers: ER19-1916-002.
    Applicants: Louisville Gas and Electric Company.
    Description: Compliance filing: Order No. 845 and 845-A Compliance
to be effective 5/22/2019.
    Filed Date: 4/20/20.
    Accession Number: 20200420-5044.
    Comments Due: 5 p.m. ET 5/11/20.
    Docket Numbers: ER19-2029-002.
    Applicants: Mankato Energy Center II, LLC.
    Description: Notification of non-material change in status of
Mankato Energy Center II, LLC.
    Filed Date: 4/17/20.
    Accession Number: 20200417-5276.
    Comments Due: 5 p.m. ET 5/8/20.

    Docket Numbers: ER19-2821-000, TS19-4-000.
    Applicants: Upper Missouri G. & T. Electric Cooperative, Inc.
    Description: Supplement to September 16, 2019 Request for Waiver of
Open-Access Requirements of Order Nos. 888, et al. of Upper Missouri G.
& T. Electric Cooperative, Inc.
    Filed Date: 4/16/20.
    Accession Number: 20200416-5158.
    Comments Due: 5 p.m. ET 5/7/20.

    Docket Numbers: ER20-1594-000.
    Applicants: Highlander IA, LLC.
    Description: Baseline eTariff Filing: Highlander IA Market Based
Rate Application to be effective 4/18/2020.
    Filed Date: 4/17/20.
    Accession Number: 20200417-5181.
    Comments Due: 5 p.m. ET 5/8/20.

    Docket Numbers: ER20-1595-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Cancellation: Notice of Cancellation of ISA, SA
No. 1816; Queue No. U1-032 re Deactivation to be effective 6/25/2020.
    Filed Date: 4/17/20.
    Accession Number: 20200417-5177.
    Comments Due: 5 p.m. ET 5/8/20.

    Docket Numbers: ER20-1596-000.
    Applicants: Pleinmont Solar 1, LLC.
    Description: Baseline eTariff Filing: Pleinmont Solar 1 MBR Tariff
to be effective 4/18/2020.

    Filed Date: 4/17/20.
    Accession Number: 20200417-5227.
    Comments Due: 5 p.m. ET 5/8/20.

    Docket Numbers: ER20-1597-000.
    Applicants: Pleinmont Solar 2, LLC.
    Description: Baseline eTariff Filing: Pleinmont Solar 2 Market
Based Rate App to be effective 4/18/2020.
    Filed Date: 4/17/20.
    Accession Number: 20200417-5241.
    Comments Due: 5 p.m. ET 5/8/20.

    Docket Numbers: ER20-1598-000.
    Applicants: Puget Sound Energy, Inc.
    Description: Sec.  205(d) Rate Filing: Certificate of Concurrence
to LGIA Between Northern Grid and Puget Sound Energy to be effective 4/
9/2020.
    Filed Date: 4/17/20.
    Accession Number: 20200417-5244.
    Comments Due: 5 p.m. ET 5/8/20.

    Docket Numbers: ER20-1599-000.
    Applicants: Richmond Spider Solar, LLC.
    Description: Baseline eTariff Filing: Richmond Spider Solar MBR App
to be effective 4/18/2020.
    Filed Date: 4/17/20.
    Accession Number: 20200417-5245.
    Comments Due: 5 p.m. ET 5/8/20.

    Docket Numbers: ER20-1600-000.
    Applicants: Cubico Huntley Lessee, LLC.
    Description: Baseline eTariff Filing: Application for MBR
Authority, Waivers, Blanket Authority, Confidential Treatment to be
effective 4/18/2020.
    Filed Date: 4/17/20.
    Accession Number: 20200417-5247.
    Comments Due: 5 p.m. ET 5/8/20.

    Docket Numbers: ER20-1601-000.
    Applicants: Huntley Solar, LLC.
    Description: Baseline eTariff Filing: Application for MBR
Authority, Waivers, Blanket Authority, Confidential Treatment to be
effective 4/18/2020.
    Filed Date: 4/17/20.
    Accession Number: 20200417-5249.
    Comments Due: 5 p.m. ET 5/8/20.

    Docket Numbers: ER20-1602-000.
    Applicants: New York Independent System Operator, Inc., New York
State Electric & Gas Corporation.
    Description: Sec.  205(d) Rate Filing: SGIA 2526 among NYISO, NYSEG
& Duke Energy Renewables Solar--Niagara Solar to be effective 4/6/2020.
    Filed Date: 4/20/20.
    Accession Number: 20200420-5090.
    Comments Due: 5 p.m. ET 5/11/20.

    Docket Numbers: ER20-1603-000.
    Applicants: New York Independent System Operator, Inc., New York
State Electric & Gas Corporation.
    Description: Sec.  205(d) Rate Filing: SGIA 2527 among NYISO, NYSEG
& Duke Energy Renewables Solar--Scipio Solar to be effective 4/6/2020.
    Filed Date: 4/20/20.
    Accession Number: 20200420-5097.
    Comments Due: 5 p.m. ET 5/11/20.

    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 20, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-08775 Filed 4-23-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)]
[Rules and Regulations]
[Pages 14365-14366]
[FR Doc No: 2018-06863]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0713]
RIN 1625-AA09

Drawbridge Operation Regulation; Atlantic Intracoastal Waterway,
Wappoo Creek, Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is modifying the operating schedule that
governs SR 171/700 (Wappoo Cut) Bridge across Wappoo Creek (AICW), mile
470.8, at Charleston, SC. This action will eliminate the seasonal
operating schedules and adjust the daily operating schedule. This
action is intended to reduce vehicular traffic congestion and provide a
more consistant operating schedule for the bridge.

DATES: This rule is effective May 4, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov. Type USCG-
2017-0713 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Justin Heck, Coast Guard Sector Charleston, SC,
Waterways Management Division; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code
AICW Atlantic Intracoastal Waterway
SC South Carolina
SR State Route

II. Background Information and Regulatory History

    On December 15, 2017, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulation; Atlantic Intracoastal
Waterway, Wappoo Creek, Charleston, SC in the Federal Register (82 FR
59562). We received zero comments on this rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
499. The SR 171/700 (Wappoo Cut) Bridge across Wappoo Creek (AICW),
mile 470.8, at Charleston, SC is a double leaf bascule bridge that
provides a vertical clearance of 33 feet in the closed position at mean
high water. Presently, in accordance with 33 CFR 117.911(d), the
regulation provides three different seasonal operating schedules
throughout the year. The modification will simplify the current
operating schedule, allow for a more consistent and efficient operation
of the bridge and provide relief to vehicle traffic congestion while
meeting the reasonable needs of navigation.

IV. Discussion of Comments, Changes and the Final Rule

    The Coast Guard provided a 30 day comment period and no comments
were received.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protesters.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, it has not been reviewed by the Office of
Management and Budget (OMB) and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the ability for
vessels to transit the bridge once an hour during the day, except
during the allowed closure times. Vessels in distress, public vessels
of the United States and tugs with tows would be allowed to pass at any
time.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received zero comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section V.A
above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
    No comments were received; therefore, no changes were made to the
regulatory text.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, which guides the Coast Guard in complying with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and
have determined that this action is one of a category of actions that
do not individually or cumulatively have a significant effect on the
human environment. This rule involves the operating regulations or
procedures for drawbridges. It is categorically excluded from further
review under paragraph L49 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration
and a Memorandum for the Record are not required for this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the ``For Further
Information Contact'' section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and Department of
Homeland Security Delegation No. 0170.1.

0
2. Amend Sec.  117.911 by revising paragraph (d) to read as follows:

Sec.  117.911  Atlantic Intracoastal Waterway, Little River to Savannah
River.

* * * * *
    (d) SR 171/700 (Wappoo Cut) Bridge across Wappoo Creek, mile 470.8,
at Charleston, SC. The draw shall open on signal; except that the draw
need not open from 6 a.m. to 9:29 a.m. and 3:31 p.m. to 7 p.m., Monday
through Friday, except Federal holidays. Between 9:30 a.m. and 3:30
p.m., Monday through Friday, except Federal holidays, the draw need
open only once an hour on the half hour.
* * * * *

    Dated: March 9, 2018.
Peter J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2018-06863 Filed 4-3-18; 8:45 am]
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