[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Proposed Rules]
[Pages 30846-30849]
[FR Doc No: 2022-10837]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket Number USCG-2022-0374]
RIN 1625-AA08, AA00

Special Local Regulation and Safety Zone; Back River, Baltimore
County, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish regulations for
certain waters of the Back River. This action is necessary to provide
for the safety of life on these navigable waters near Baltimore County,
MD, during a fireworks display on July 16, 2022. This proposed
rulemaking would prohibit persons and vessels from being in the
regulated area and safety zone unless authorized by the Captain of the
Port Maryland-National Capital Region or a designated representative.
We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before June 21, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0374 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MST3 Melissa Kelly, U.S. Coast Guard
Sector Maryland-National Capital Region; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On February 8, 2022, Fantastic Fireworks, on behalf of Tiki Lee's
Dock Bar, notified the Coast Guard that it will be conducting a
fireworks display between 9 and 10 p.m. on July 16, 2022, as a part of
the ``Shootout on the River'' event activities. The fireworks are to be
launched from a barge in the Back River located near Tiki Lee's Dock
Bar in Sparrows Point, MD. Hazards from firework displays include
accidental discharge of fireworks, dangerous projectiles, and falling
hot embers or other debris. The Captain of the Port Maryland-National
Capital Region (COTP) has determined that potential hazards associated
with the fireworks to be used in this display would be a safety concern
for anyone within a 420 foot radius of the barge. The Coast Guard
anticipates a large spectator fleet for these events.
    The purpose of this rulemaking is to promote maritime safety and
protect participants and the boating public in the Back River
immediately prior to, during, and after the scheduled events. The
regulations will provide for controlled passage of spectating vessels
and a safety buffer around the fireworks barge for the benefit of
participants and spectators. The regulations will impact the movement
of all vessels operating in specified waters of the Back River. The
Coast Guard is proposing this rulemaking under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP Maryland-National Capital Region is proposing to establish
temporary regulations (special local regulation and safety zone) from 8
p.m. to 10:30 p.m. on July 16, 2022.
    The COTP is proposing to establish a special local regulation for
the area in the Back River in which spectating vessels will transit and
gather. The regulated area would cover all navigable waters of Back
River within an area bounded by a line connecting the following points:
From the shoreline at Lynch Point at latitude 39[deg]14'46'' N,
longitude 076[deg]26'23'' W, thence northeast to Porter Point at
latitude 39[deg]15'13'' N, longitude 076[deg]26'11'' W, thence north
along the shoreline to Walnut Point at latitude 39[deg]17'06'' N,
longitude 076[deg]27'04'' W, thence southwest to the shoreline at
latitude 39[deg]16'41'' N, longitude 076[deg]27'31'' W, thence south
along the shoreline to the point of origin, located in Baltimore
County, MD. The regulated area is approximately 4,200 yards in length
and 1,200 yards in width.
    In addition to establishing a special local regulation, the COTP is
proposing to establish a temporary safety zone around the fireworks
discharge site, in approximate position latitude 39[deg]15'35.54'' N,
longitude 76[deg]26'56.62'' W. The safety zone would cover all
navigable waters within 420 feet of a fireworks barge in the Back River
located near Tiki Lee's Dock Bar in Sparrow's Point, MD. The duration
of the zone is intended to ensure the safety of vessels and these
navigable waters before, during, and after the scheduled fireworks
display. No vessel or person would be permitted to enter the safety
zone without obtaining permission from the COTP or a designated
representative.
    The regulatory text we are proposing appears at the end of this
document.

IV. Regulatory Analyses

    We developed this proposed 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 protestors.

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. This NPRM has not been designated a ``significant
regulatory action'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the size,
duration, and time-of-day of the special local regulation

and safety zone, which would impact a small designated area of the Back
River for a total no more than 2.5 enforcement-hours, during the
evening when vessel traffic is normally low. Moreover, the Coast Guard
will issue Local Notices to Mariners and a Broadcast Notice to Mariners
via VHF-FM marine channel 16 about the zones.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
    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 proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination 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 proposed rule involves
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States
that could negatively impact the safety of waterway users and shore
side activities in the event area, and within 33 CFR part 165
establishing a temporary safety zone that would prohibit entry within
420 feet of a fireworks barge, both lasting a total of 2.5 consecutive
hours. Normally such actions are categorically excluded from further
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A preliminary Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2022-0374 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
    Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked

Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
    Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects

33 CFR Part 100

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

33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR parts 100 and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.501T05-0374 to read as follows:

Sec.  100.501T05-0374  2022 Tiki Lee's Shootout on the River Fireworks,
Back River, Baltimore County, MD.

    (a) Locations. All coordinates are based on datum NAD 1983.
    (1) Regulated area. All navigable waters of Back River, within an
area bounded by a line connecting the following points: From the
shoreline at Lynch Point at latitude 39[deg]14'46'' N, longitude
076[deg]26'23'' W, thence northeast to Porter Point at latitude
39[deg]15'13'' N, longitude 076[deg]26'11'' W, thence north along the
shoreline to Walnut Point at latitude 39[deg]17'06'' N, longitude
076[deg]27'04'' W, thence southwest to the shoreline at latitude
39[deg]16'41'' N, longitude 076[deg]27'31'' W, thence south along the
shoreline to and terminating at the point of origin.
    (b) Definitions. As used in this section--
    Captain of the Port (COTP) Maryland-National Capital Region means
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region
or any Coast Guard commissioned, warrant or petty officer who has been
authorized by the COTP to act on his behalf.
    Event Patrol Commander or Event PATCOM means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been
designated by the Commander, Coast Guard Sector Maryland-National
Capital Region.
    Official patrol means any vessel assigned or approved by Commander,
Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
    Participant means a person or vessel registered with the event
sponsor as participating in the ``2022 Tiki Lee's Shootout on the River
Fireworks'' event, or otherwise designated by the event sponsor as
having a function tied to the event.
    Spectator means a person or vessel not registered with the event
sponsor as participants or assigned as official patrols.
    (c) Special local regulations. (1) The COTP Maryland-National
Capital Region or Event PATCOM may forbid and control the movement of
all vessels and persons, including event participants, in the regulated
area described in paragraph (a)(1) of this section. When hailed or
signaled by an official patrol, a vessel or person in the regulated
area shall immediately comply with the directions given by the patrol.
Failure to do so may result in the Coast Guard expelling the person or
vessel from the area, issuing a citation for failure to comply, or
both. The COTP Maryland-National Capital Region or Event PATCOM may
terminate the event, or a participant's operations at any time the COTP
Maryland-National Capital Region or Event PATCOM believes it necessary
to do so for the protection of life or property.
    (2) Except for participants and vessels already at berth, a person
or vessel within the regulated area at the start of enforcement of this
section must immediately depart the regulated area.
    (3) A spectator must contact the Event PATCOM to request permission
to either enter or pass through the regulated area. The Event PATCOM
and official patrol vessels enforcing this regulated area can be
contacted on marine band radio VHF-FM channel 16 (156.8 MHz) and
channel 22A (157.1 MHz). If permission is granted, the spectator must
enter a designated spectator area or pass directly through the
regulated area as instructed by Event PATCOM. A vessel within the
regulated area must operate at safe speed that minimizes wake. A
spectator vessel must not loiter within the navigable channel while
within the regulated area.
    (4) A person or vessel that desires to transit, moor, or anchor
within the regulated area must obtain authorization from the COTP
Maryland-National Capital Region or Event PATCOM. A person or vessel
seeking such permission can contact the COTP Maryland-National Capital
Region at telephone number<PHONE_NUMBER> or on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz) or the Event PATCOM on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz).
    (5) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event dates
and times.
    (d) Enforcement officials. The Coast Guard may be assisted with
marine event patrol and enforcement of the regulated area by other
federal, state, and local agencies.
    (e) Enforcement periods. This section will be enforced from 8 p.m.
to 10:30 p.m. on July 16, 2022.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
3. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.

0
4. Add Sec.  165.T05-0374 to read as follows:

Sec.  165.T05-0374  Safety Zone; Back River, Baltimore County, MD.

    (a) Location. The following area is a safety zone: All navigable
waters of the Back River within 420 feet of the fireworks barge in
approximate position latitude 39[deg]15'35.54'' N, longitude
76[deg]26'56.62'' W. These coordinates are based on datum NAD 1983.
    (b) Definitions. As used in this section--
    Captain of the Port (COTP) means the Commander, U.S. Coast Guard
Sector Maryland-National Capital Region.
    Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Maryland-National Capital Region to assist in enforcing the safety
zone described in paragraph (a) of this section.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.

    (2) To seek permission to enter, contact the COTP or the COTP's
representative by telephone at<PHONE_NUMBER> or on Marine Band Radio
VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing this
section can be contacted on Marine Band Radio VHF-FM channel 16 (156.8
MHz).
    (3) Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
    (d) Enforcement officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the safety zone by Federal, State, and
local agencies.
    (e) Enforcement period. This section will be enforced from 8 p.m.
to 10:30 p.m. on July 16, 2022.

    Dated: May 13, 2022.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2022-10837 Filed 5-19-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 77 (Tuesday, April 21, 2020)]
[Notices]
[Pages 22244-22245]
[FR Doc No: 2020-08358]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0255]

Agency Information Collection Activities; Renewal of an Approved
Information Collection: Training Certification for Drivers of Longer
Combination Vehicles

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

ACTION: Notice; request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for
approval and invites public comment. FMCSA requests approval to renew
the ICR titled ``Training Certification for Drivers of Longer
Combination Vehicles (LCVs),'' OMB Control No. 2126-0026. This ICR
relates to Agency requirements for drivers to be certified to operate
LCVs, and associated reporting and recordkeeping requirements that
motor carriers must satisfy before permitting their drivers to operate
LCVs. Motor carriers, upon inquiry by authorized Federal, State or
local officials, must produce an LCV Driver-Training Certificate for
each of their LCV drivers.

DATES: Please send your comments by May 21, 2020. OMB must receive your
comments by this date in order to act on the ICR.

ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, Driver and
Carrier Operations Division, DOT, FMCSA, West Building 6th Floor, 1200
New Jersey Avenue SE, Washington, DC 20590. Telephone:<PHONE_NUMBER>.
Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Title: Training Certification for Drivers of LCVs.
    OMB Control Number: 2126-0026.
    Type of Request: Renewal and correction of a currently-approved
information collection.
    Respondents: LCV training providers who train new LCV drivers;
drivers who complete LCV training each year; current LCV drivers who
submit their LCV Driver-Training Certificate to prospective employers;
and employers (motor carriers) receiving and maintaining copies of the
LCV Driver-Training certificates of their drivers.
    Estimated Number of Respondents: 50,708, consisting of 218 LCV
training providers, plus 218 newly-certified LCV drivers, plus 25,027
currently-certified LCV drivers seeking new employment, plus 25,245
motor carriers hiring certified and newly-certified LCV drivers seeking
new employment.
    Estimated Time per Response: 10 minutes for training providers to

prepare LCV Driver-Training Certificates for drivers who successfully
complete the LCV training; 5 minutes for newly-certified drivers, as
well as 5 minutes for currently-certified drivers, to provide LCV
Training Certification documents to motor carriers; and 5 minutes for
motor carriers to retain the LCV training certifications.
    Expiration Date: May 31, 2020.
    Frequency of Response: On occasion.
    Estimated Total Annual Burden: 4,244 hours. The total number of
drivers who will be subjected to these requirements each year is
25,245, which consists of 218 newly-certified LCV drivers seeking
employment, and 25,027 currently-certified LCV drivers obtaining new
employment. Also, there are 218 LCV training providers who will be
required to prepare the training certificates for newly-certified
drivers. Additionally, there are 25,245 (218 + 25,027) motor carriers
who will hire the drivers. The total annual information collection
burden is approximately 4,244 hours = 36 hours for preparation of LCV
Driver-Training Certificates [218 training providers prepare
certificates for drivers successfully completing training x 10 minutes
/ 60 minutes/hour] + 18 hours for newly-certified LCV drivers to
provide certification documents to motor carriers [218 drivers x 5
minutes / 60 minutes/hour] + 2,086 hours for currently-certified LCV
drivers to provide certification documents to motor carriers [25,027
drivers x 5 minutes / 60 minutes/hour] + 2,104 hours for currently-
certified LCV drivers to provide certification documents to motor
carriers [25,245 drivers x 5 minutes / 60 minutes/hour].
    Estimated Total Cost to Respondents: $135,734.

Background

    An LCV is any combination of a truck-tractor and two or more semi-
trailers or trailers that operates on the National System of Interstate
and Defense Highways (according to 23 CFR 470.107) and has a gross
vehicle weight greater than 80,000 pounds. To enhance the safety of LCV
operations on our Nation's highways, Section 4007(b) of the Motor
Carrier Act of 1991 directed the Secretary of Transportation to
establish Federal minimum training requirements for drivers of LCVs
[Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), Pub.
L. 102-240, 105 Stat. 1914, 2152]. The Secretary of Transportation
delegated responsibility for establishing these requirements to FMCSA
(49 CFR 1.87), and on March 30, 2004, after appropriate notice and
solicitation of public comment, FMCSA established the current training
requirements for operators of LCVs (69 FR 16722). The regulations bar
motor carriers from permitting their drivers to operate an LCV if they
have not been properly trained in accordance with the requirements of
49 CFR 380.113. Drivers receive an LCV Driver-Training Certificate upon
successful completion of these training requirements. Motor carriers
employing an LCV driver must verify the driver's qualifications to
operate an LCV, and must maintain a copy of the LCV Driver-Training
Certificate and present it to authorized Federal, State, or local
officials upon request.

Renewal of This Information Collection (IC)

    The currently approved burden hour estimate associated with this
IC, approved by OMB on May 19, 2017, is 5,565 hours. The Agency
requests a reduction in the burden hour estimates from 5,565 hours to
4,244 hours. The reduction in burden hour estimates and costs is the
result of correcting an error; the incorrect growth rate from the
Bureau of Labor Statistics was previously used to estimate the number
of new drivers requiring LCV driver training certificates. As a result,
FMCSA over-estimated the number of new drivers, annual burden hours,
hours for preparing training certificates, number of drivers who
undergo the hiring process, number of respondents, number of responses,
and costs to respondents.
    Separately, the currently approved version of this IC incorrectly
accounted for LCV driver training costs, estimated to be $7,035,160
annually. Training is not considered to be an information collection
burden. For this updated version of the ICR, the Agency is removing the
costs associated with training. Instead, FMCSA has calculated the labor
costs associated with the LCV driver training recordkeeping
requirements. The annual cost burden is estimated to be $135,734.
    The expiration date of the current ICR is May 31, 2020. Through
this request, FMCSA requests a renewal of the paperwork burden
associated with the ICR titled ``Training Certification for Drivers of
Longer Combination Vehicles (LCVs),'' OMB Control No. 2126-0026. This
ICR corrects and updates all of the affected areas, as shown in the
table below.

----------------------------------------------------------------------------------------------------------------
                                                                      Current        Proposed
                            Estimate                                approved IC     updated IC      Difference
----------------------------------------------------------------------------------------------------------------
Number of Drivers Engaged in the Operation of LCVs in the U.S...          44,095          38,503         (5,592)
Total Annual Burden.............................................           5,565           4,244         (1,321)
Number of New Drivers...........................................           2,360             218         (2,142)
Number of Hours for Preparing Training Certificates.............             394              36           (358)
Number of Drivers Who Undergo Hiring Process....................          31,022          25,245         (5,777)
Number of Respondents...........................................          59,684          50,708         (8,976)
Number of Responses.............................................          59,684          50,708         (8,976)
Labor Costs to Respondents......................................              $0        $135,734        $135,734
Annual Costs to Respondents.....................................      $7,035,160              $0    ($7,035,160)
----------------------------------------------------------------------------------------------------------------

    On December 18, 2019, FMCSA published a Federal Register notice
allowing for a 30-day comment period on this ICR. There were no
comments submitted to the docket in response to that notice.
    Public Comments Invited:
    You are asked to comment on any aspect of this information
collection, including: (1) Whether the proposed collection is necessary
for FMCSA's performance; (2) the accuracy of the estimated burden; (3)
ways for FMCSA to enhance the quality, usefulness, and clarity of the
collected information; and (4) ways that the burden could be minimized
without reducing the quality of the collected information. The Agency
will summarize or include your comments in the request for OMB's
clearance of this information collection.

    Issued under the authority of 49 CFR 1.87.
Kenneth Riddle,
Acting Associate Administrator for Registration and Research.
[FR Doc. 2020-08358 Filed 4-20-20; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: March 5, 2008 (Volume 73, Number 44)]
[Rules and Regulations]
[Page 11820-11826]
[DOCID:fr05mr08-5]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2007-0495; FRL-8352-2]

Methoxyfenozide; Pesticide Tolerances and Time-Limited Pesticide
Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of
methoxyfenozide per se; benzoic acid, 3-methoxy-2-methyl-2-(3,5-
dimethylbenzoyl)-2-(1,1-dimethylethyl)hydrazide in or on the food
commodities acerola; animal feed, nongrass, group 18, forage; animal
feed, nongrass, group 18, hay; avocado; bean,

dry, seed; bushberry subgroup 13-07B; canistel; feijoa; grass, forage,
fodder and hay, group 17, forage; grass, forage, fodder and hay, group
17, hay; guava; jaboticaba; kurrat; mango; onion, green, subgroup 3-
07B; papaya; passionfruit; peanut; peanut, hay; peanut oil; sapodilla;
sapote, black; sapote, mamey; star apple; starfruit; vegetable,
tuberous and corm, except potato, sub group 1D; and wax jambu. This
regulation also establishes time-limited tolerances for indirect or
inadvertent residues of methoxyfenozide; benzoic acid, 3-methoxy-2-
methyl-, 2-(3,5-dimethylbenzoyl)-2-(1,1-dimethylethyl) hydrazide and
indirect or inadvertent combined residues of methoxyfenozide and its
metabolites RH-117,236 free phenol of methoxyfenozide; 3,5-
dimethylbenzoic acid N-tert-butyl-N'-(3-hydroxy-2-methylbenzoyl)
hydrazide, RH-151,055 glucose conjugate of RH-117,236; 3,5-dimethyl
benzoic acid N-tert-butyl-N-[3 ([beta]-D-glucopyranosyloxy)-2-
methylbenzoyl]-hydrazide and RH-152,072 the malonylglycosyl conjugate
of RH 117,236 in or on the food commodities animal feed, nongrass,
group 18; grain, cereal, forage, fodder and straw, group 16; grass
forage, fodder, and hay, group 17; herb and spice, group 19; vegetable,
bulb, group 3-07; vegetable, foliage of legume, group 7; vegetable,
leaves of root and tuber, group 2; vegetable, legume, group 6; and
vegetable, root and tuber, group 1. Dow AgroSciences LLC and
Interregional Research Project Number 4 (IR-4) requested these
tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). The
time-limited tolerances will expire on September 30, 2010.

DATES: This regulation is effective March 5, 2008. Objections and
requests for hearings must be received on or before May 5, 2008, 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-2007-0495. To access the
electronic docket, go to http://www.regulations.gov, select ``Advanced
Search,'' then ``Docket Search.'' Insert the docket ID number where
indicated and select the ``Submit'' button. Follow the instructions on
the regulations.gov website to view the docket index or access
available documents. All documents in the docket are listed in the
docket index available in regulations.gov. 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 either in the electronic docket at http://
www.regulations.gov, or, if only available in hard copy, at the OPP
Public Docket, in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. The Docket Facility is open from 8:30 a.m.
to 4 p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Mark Suarez, 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 those
engaged in the following activities:
     Crop production (NAICS code 111), e.g., agricultural
workers; greenhouse, nursery, and floriculture workers; farmers.
     Animal production (NAICS code 112), e.g., cattle ranchers
and farmers, dairy cattle farmers, livestock farmers.
     Food manufacturing (NAICS code 311) , e.g., agricultural
workers; farmers; greenhouse, nursery, and floriculture workers;
ranchers; pesticide applicators.
     Pesticide manufacturing (NAICS code 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 FFDCA, as amended by 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-2007-0495 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 May 5, 2008.
    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-2007-0495, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg., 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted
during the Docket's normal hours of operation (8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays). Special arrangements
should be made for

deliveries of boxed information. The Docket Facility telephone number
is<PHONE_NUMBER>.

II. Petition for Tolerances

    In the Federal Register of October 20, 2006 (71 FR 61971) (FRL-
8098-6), August 1, 2007 (72 FR 42072) (FRL-8138-1), and October 24,
2007 (72 FR 60367) (FRL-8154-1), EPA issued notices pursuant to section
408(d)(3) of FFDCA, 21 U.S.C. 346a(d)(3), announcing the filing of
pesticide petitions (PPs 6E7086, 7E7218, 6F7135, and 0F6201) by, Dow
AgroSciences LLC, Zionsville Road -Indianapolis, IN 46268 (PPs 6F7135
and 0F6201) and IR-4, 500 College Road East, Suite 201 W., Princeton,
NJ 08540 (PPs 7E7218 and 6E7086). The petitions requested that 40 CFR
180.544 be amended by establishing tolerances for residues of the
insecticide, methoxyfenozide, in or on the food commodities acerola at
0.4 parts per million (ppm) (PP 7E7218); arionia berry at 3.0 ppm (PP
6E7086); avocado at 0.6 ppm (PP 7E7218); bean, dry, seed at 0.15 ppm
(PP 6E7086); blueberry, lowbush at 3.0 ppm (PP 6E7086); buffalo currant
at 3.0 ppm (PP 6E7086); bushberry subgroup 13B at 3.0 ppm (PP 6E7086);
canistel at 0.6 ppm (PP 7E7218); Chilean guava at 3.0 ppm (PP 6E7086);
chive, Chinese, fresh leaves at 5.0 ppm (PP 7E7218); chive, fresh
leaves at 5.0 ppm (PP 7E7218); elegans hosta at 5.0 ppm (PP 7E7218);
European barberry at 3.0 ppm (PP 6E7086); feijoa at 0.4 ppm (PP
7E7218); fritillaria leaves at 5.0 ppm (PP 7E7218); grass forage,
fodder, and hay group 17, forage at 18.0 ppm (PP 6E7086); grass forage,
fodder, and hay, group 17, hay at 30.0 ppm (PP 6E7086); guava at 0.4
ppm (PP 7E7218); highbush cranberry at 3.0 ppm (PP 6E7086); honeysuckle
at 3.0 ppm (PP 6E7086); jaboticaba at 0.4 ppm (PP 7E7218); jostaberry
at 3.0 ppm (PP 6E7086); juneberry at 3.0 ppm (PP 6E7086); kurrat at 5.0
ppm (PP 7E7218); Lady's leek at 5.0 ppm (PP 7E7218); leek at 5.0 ppm
(PP 7E7218); leek, wild at 5.0 ppm (PP 7E7218); lingonberry at 3.0 ppm
(PP 6E7086); mango at 0.6 ppm (PP 7E7218); native currant at 3.0 ppm
(PP 6E7086); nongrass animal feeds, group 18, forage at 35.0 ppm (PP
6F7135); nongrass animal feeds, group 18, hay at 85.0 ppm (PP 6F7135);
onion, Beltsville bunching at 5.0 ppm (PP 7E7218); onion, fresh at 5.0
ppm (PP 7E7218); onion, green at 5.0 ppm (PP 7E7218); onion, macrostem
at 5.0 ppm (PP 7E7218); onion, tree, tops at 5.0 ppm (PP 7E7218);
onion, Welsh, tops at 5.0 ppm (PP 7E7218); papaya at 0.6 ppm (PP
7E7218); passionfruit at 0.4 ppm (PP 7E7218); peanut at 0.02 ppm (PP
6E7086); peanut, hay at 60 ppm (PP 6E7086); peanut oil at 0.09 ppm (PP
6E7086); salal at 3.0 ppm (PP 6E7086); sapodilla at 0.6 ppm (PP
7E7218); sapote, black at 0.6 ppm (PP 7E7218); sapote, mamey at 0.6 ppm
(PP 7E7218); sea buckthorn at 3.0 ppm (PP 6E7086); shallot, fresh
leaves at 5.0 ppm (PP 7E7218); star apple at 0.6 ppm (PP 7E7218);
starfruit at 0.4 ppm (PP 7E7218); vegetable, tuberous and corm, except
potato, sub group 1D at 0.02 ppm (PP 6E7086); wax jambu at 0.4 ppm (PP
7E7218). In the petition 0F6201, Dow requested that tolerances that
expired on September 30, 2007 be re-established for indirect or
inadvertent residues of methoxyfenozide; benzoic acid, 3-methoxy-2-
methyl-, 2-(3,5-dimethylbenzoyl)-2-(1,1-dimethylethyl) hydrazide and
indirect or inadvertent combined residues of methoxyfenozide; benzoic
acid, 3-methoxy-2-methyl-, 2-(3,5-dimethylbenzoyl)-2-(1,1-
dimethylethyl) hydrazide and its metabolites RH-117,236 free phenol of
methoxyfenozide; 3,5-dimethylbenzoic acid N-tert-butyl-N'-(3-hydroxy-2-
methylbenzoyl) hydrazide, RH-151,055 glucose conjugate of RH-117,236;
3,5-dimethyl benzoic acid N-tert-butyl-N-[3 ([beta]-D-
glucopyranosyloxy)-2-methylbenzoyl]-hydrazide and RH-152,072 the
malonylglycosyl conjugate of RH 117,236 in or on the food commodities
grain, cereal, forage, fodder, and straw, group 16 at 10.0 ppm; grass
forage, fodder, and hay, group 17 at 10.0 ppm; herb and spice, group 19
at 10.0 ppm; nongrass animal feeds crop group 18 at 10.0 ppm;
vegetable, bulb, group 3 at 0.2 ppm; vegetable, foliage of legume,
group 7 at 10.0 ppm; vegetable, leaves of root and tuber, group 2 at
0.2 ppm; vegetable, legume, group 6 at 0.1 ppm; and vegetable, root and
tuber, group 1 at 0.1 ppm. Those notices referenced summaries of the
petitions prepared by Dow AgroSciences LLC and IR-4, the registrants,
which are available to the public in the docket,  http://
www.regulations.gov. Comments were received on the notices of filing.
EPA's response to these comments is discussed in Unit IV.C. The time-
limited tolerances will expire on September 30, 2010.
    Based upon review of the data supporting the petition, EPA has
modified the tolerance expression for the food commodities bean, dry,
seed to 0.24 ppm (PP 6E7086); animal feeds, nongrass, group 18, forage
to 50.0 ppm (PP 6F7135); animal feeds, nongrass, group 18, hay to 150.0
ppm (PP 6F7135); onions, green, subgroup 3-07B at 5.0 ppm (PP 7E7218);
peanut, hay to 55 ppm (PP 6E7086); peanut oil to 0.04 ppm (PP 6E7086).
The reason for these changes is explained in Unit IV.D. EPA is also
deleting all the tolerances in Sec.  180.544(b) for sorghum and soybean
commodities that are no longer needed since they have expired. The
deletions under Sec.  180.544(b) are time-limited tolerances that were
established under section 18 emergency exemptions that have since
expired.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
    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 FFDCA and a complete
description of the risk assessment process, see http://www.epa.gov/
fedrgstr/EPA-PEST/1997/November/Day-26/p30948.htm.
    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 tolerances for the petitioned-for tolerances
for residues of methoxyfenozide on the food commodities named above.
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.
    The toxicology studies conducted with methoxyfenozide demonstrate
that it has few or no biologically significant toxic effects at
relatively low-dose levels and only mild or no toxic effects at
relatively high-dose levels. In subchronic and chronic oral studies in
rats, the most toxicologically significant effects were mild anemia and
mild effects on the liver, thyroid gland, and adrenal gland. In
subchronic and chronic oral studies in dogs, the predominant toxic
effect was anemia, which was often accompanied by signs of a
compensatory response. Methoxyfenozide is not acutely toxic, not a
dermal sensitizer, not neurotoxic, carcinogenic or mutagenic and is not
a developmental or reproductive toxicant. There was no evidence for
increased susceptibility of rat or rabbit fetuses to in utero exposure
or rat pups to post-natal exposure to methoxyfenozide. Minimal or no
toxic effects were observed in studies in which methoxyfenozide was
administered by the dermal or inhalation routes of exposure.
Methoxyfenozide is classified as a ``not likely'' human carcinogen.
    Specific information on the studies received and the nature of the
adverse effects caused by methoxyfenozide 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. The referenced document is available in the docket
established by this action, which is described under ADDRESSES, and is
identified as EPA-HQ-OPP-2007-0495 in that docket.

B. Toxicological Endpoints

    For hazards that have a threshold below which there is no
appreciable risk, the toxicological level of concern (LOC) is derived
from the highest dose at which no adverse effects are observed (the
NOAEL) in the toxicology study identified as appropriate for use in
risk assessment. However, if a NOAEL cannot be determined, the lowest
dose at which adverse effects of concern are identified (the LOAEL) is
sometimes used for risk assessment. Uncertainty/safety factors (UFs)
are used in conjunction with the LOC to take into account 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. Safety is assessed for acute and chronic
risks by comparing aggregate exposure to the pesticide to the acute
population adjusted dose (aPAD) and chronic population adjusted dose
(cPAD). The aPAD and cPAD are calculated by dividing the LOC by all
applicable UFs. Short-, intermediate-, and long-term risks are
evaluated by comparing aggregate exposure to the LOC to ensure that the
margin of exposure (MOE) called for by the product of all applicable
UFs is not exceeded.
    For non-threshold risks, the Agency assumes that any amount of
exposure will lead to some degree of risk and estimates risk in terms
of the probability of occurrence of additional adverse cases.
Generally, cancer risks are considered non-threshold. For more
information on the general principles EPA uses in risk characterization
and a complete description of the risk assessment process, see http://
www.epa.gov/fedrgstr/EPA-PEST/1997/November/Day-26/p30948.htm.
    A summary of the toxicological endpoints for methoxyfenozide used
for human risk assessment can be found at http://www.regulations.gov in
document ``Methoxyfenozide. Human Health Risk Assessment for Proposed
Use on Sweet Potato, Blueberry, Dry Bean, Grass, Peanut, Green Onion,
Avocado, Guava, Alfalfa and Clover. PC Code:121027, Petition No:
6E7086, 7E7218, and 6F7135. DP Num: 331948, 340540, and 371933'' at
page 30 in docket ID number EPA-HQ-OPP-2007-0495.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to methoxyfenozide, EPA considered exposure under the
petitioned-for tolerances as well as all existing methoxyfenozide
tolerances in 40 CFR 180.544. EPA assessed dietary exposures from
methoxyfenozide 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.
    No such effects were identified in the toxicological studies for
methoxyfenozide; therefore, a quantitative acute dietary exposure
assessment is unnecessary.
    ii. Chronic exposure. In conducting the chronic dietary exposure
assessment EPA used the food consumption data from the USDA 1994-1996
and 1998 CSFII. As to residue levels in food, EPA assumed all foods for
which there are tolerances were treated and contain tolerance-level
residues.
    iii. Cancer. Methoxyfenozide is not likely to be carcinogenic to
humans; therefore, a cancer exposure assessment was not conducted.
    iv. Anticipated residue and percent crop treated. Anticipated
residues/PCT data were not needed to refine the risk assessment so they
were not used.
    2. Dietary exposure from drinking water. Methoxyfenozide is
expected to be a ground water and surface water contaminant primarily
due to its persistence in the environment.
    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
methoxyfenozide for acute exposures are estimated to be 43 parts per
billion (ppb) for surface water and 7.43 ppb for ground water. The EECs
for chronic exposures are estimated to be 33.1 ppb for surface water
and <7.43 ppb for ground water.
    Modeled estimates of drinking water concentrations were directly
entered into the dietary exposure model. For acute dietary risk
assessment, the water concentration value of 43 ppb was used to access
the contribution to drinking water. For chronic dietary risk
assessment, the water concentration of value 33.1 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).
    Methoxyfenozide is not registered for use on any sites that would
result in residential exposure.
    4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
    Unlike other pesticides for which EPA has followed a cumulative
risk approach based on a common mechanism of toxicity, EPA has not made
a common mechanism of toxicity finding as to methoxyfenozide and any
other substances and methoxyfenozide does not appear to produce a toxic
metabolite produced by other substances. For the purposes of this
tolerance action, therefore, EPA has not assumed that methoxyfenozide
has a common

mechanism of toxicity with other substances. For information regarding
EPA's efforts to determine which chemicals have a common mechanism of
toxicity and to evaluate the cumulative effects of such chemicals, see
the policy statements released by EPA's Office of Pesticide Programs
concerning common mechanism determinations and procedures for
cumulating effects from substances found to have a common mechanism on
EPA's website at http://www.epa.gov/pesticides/cumulative.

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. This additional margin of
safety is commonly refered to as the FQPA safety factor. 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 FQPA
safety factor value based on the use of traditional UFs and/or special
FQPA safety factors, as appropriate.
    2. Prenatal and postnatal sensitivity. There is not a concern for
prenatal and/or postnatal toxicity resulting from exposure to
methoxyfenozide. The prenatal and postnatal toxicology database for
methoxyfenozide includes rat and rabbit developmental toxicity studies
and a 2-generation reproduction toxicity study in rats. There was no
quantitative or qualitative evidence of increased susceptibility of
rats or rabbit fetuses to in utero exposure in the developmental
studies; similarly, there was no evidence of increased susceptibility
of rat pups following prenatal/postnatal exposure in the 2-generation
reproduction study.
    3. Conclusion. The FQPA SF for the protection of infants and
children be removed (i.e. reduced to 1x) for methoxyfenozide for the
following reasons:
    i. The toxicology database for methoxyfenozide is complete for
assessment of potential hazard to infants and children.
    ii. Based on weight-of-the-evidence considerations, EPA determined
that a developmental neurotoxicity study in rats is not required to
support the registration of methoxyfenozide.
    iii. In developmental toxicity studies in rats and rabbits, no
increased susceptibility in fetuses as compared to maternal animals was
observed following in utero exposures.
    iv. In a 2-generation reproduction study in rats, no increased
susceptibility in pups as compared to adults was observed following in
utero and postnatal exposures.
    v. The exposure assessments will not underestimate the potential
dietary (food and drinking water) or nondietary exposures for infants
and children from the use of methoxyfenozide. The chronic dietary food
exposure assessment utilizes tolerance level residues and assumes 100
PCT. Conservative ground water and surface water modeling estimates
were used. These assessments will not underestimate the exposure and
risks posed by methoxyfenozide.

E. Aggregate Risks and Determination of Safety

    Safety is assessed for acute and chronic risks by comparing
aggregate exposure to the pesticide to the aPAD and cPAD. The aPAD and
cPAD are calculated by dividing the LOC by all applicable UFs. For
linear cancer risks, EPA calculates the probability of additional
cancer cases given aggregate exposure. Short-, intermediate- and log-
term risks are evaluated by comparing aggregate exposure to the LOC to
ensure that the MOE called for by the product of all applicable UTs is
not exceeded.
    1. Acute risk. No acute risk is expected from exposure to
methoxyfenozide since no acute endpoints were identified for the
general U.S. population (including infants and children) or the females
13-50 years old population subgroup.
    2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that exposure to
methoxyfenozide from food and water will utilize 56% of the cPAD for
the most highly exposed population group, children 1-2 years old. There
are no residential uses for methoxyfenozide.
    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).
    Methoxyfenozide is not registered for use on any sites that would
result in residential exposure. Therefore, the aggregate risk is the
sum of the risk from food and water.
    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).
    Methoxyfenozide is not registered for use on any sites that would
result in residential exposure. Therefore, the aggregate risk is the
sum of the risk from food and water, which do not exceed the Agency's
level of concern.
    5. Aggregate cancer risk for U.S. population. Methoxyfenozide is
classified as a ``not likely'' human carcinogen and thus is not
expected to pose a cancer risk to humans.
    6. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population or to infants and children from aggregate
exposure to methoxyfenozide residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology (high pressure liquid
chromatography with mass spectrometry (HPLC/MS)) 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

    There are currently no Codex, Canadian or Mexican MRLs for
methoxyfenozide, so there are no international harmonization issues
associated with this action.

C. Response to Comments

    Public comments were received from a citizen who objected to the
proposed tolerances because ``methoxyfenozide harms fish and birds so
that they die'' and also opposes ``any exemption or residue left on
plants after use from this product.'' The comments contained no
scientific data or evidence to rebut the Agency's conclusion that there
is a reasonable certainty that no harm will result from human or
environmental exposure to methoxyfenozide. EPA has responded to similar
comments on numerous previous occasions. (January 7, 2005, 70 FR 1349)
(October 29, 2004, 69 FR 63083).

D. Explanation of Tolerance Revisions

    The tolerances established here have been modified in some
instances from the tolerances originally proposed in the notices of
filing. These modifications have been based upon specific data, as
described in unit IV.D. The data indicate that the requested tolerance
on dry beans at 0.15 ppm is not appropriate

since the field trial data indicate that residues could be higher than
the tolerance request. Therefore, a more appropriate tolerance is being
established for the residues of methoxyfenozide on bean, dry at 0.24
ppm. The data for peanut hay are adequate. EPA's Review indicates that
the requested tolerance of 60 ppm is not appropriate. Therefore, a more
appropriate tolerance is being established for the residues of
methoxyfenozide on peanut, hay at 55.0 ppm. The data for animal feed,
nongrass, group 18, forage and hay are adequate. EPA's Review indicates
that the requested tolerances are not appropriate. Residue field trial
data from representative crops should be analyzed separately and the
highest result used for tolerance setting purposes. This was not done.
A more appropriate tolerance is being established for the residues of
methoxyfenozide on animal feed, nongrass, group 18, forage at 50 ppm,
and hay at 150 ppm. The only processed commodities of regulatory
concern for this petition are peanut meal and oil. A study was
conducted using a 3x exaggerated application rate to the peanut raw
agricultural commodity and simulated commercial processing to produce
the peanut processed commodities. Results of the study indicate that
residues of methoxyfenozide are not expected to concentrate in peanut
meal but do concentrate 3x in oil. The requested tolerance level for
peanut oil is inadequate. Using the highest average field trial values
from the submitted field trial data and the concentration factor for
peanut oil, the tolerance level should be 0.04 ppm.
    IR-4 petitioned for individual tolerances on green onion, fresh
chive leaves, fresh Chinese chive leaves, elegans hosta, fritillaria
leaves, kurrat, Lady's leek, leek, wild leek, Beltsville bunching
onion, fresh onion, macrostem onion, tree onion tops, Welsh onion tops,
and fresh shallot leaves at 5.0 ppm (PP 7E7128) as well as for a
tolerance for bushberry subgroup 13B and individual tolerances on
aronia berry, buffalo currant, Chilean guava, European barberry,
highbush cranberry, honeysuckle, jostaberry, juneberry, lingonberry,
native currant, salal, and sea buckthorn (PP 6E7086).
    In the Federal Register of December 7, 2007 (72 FR 69150) (FRL-
8340-6), EPA issued a final rule that revised the crop grouping
regulations. As part of this action, EPA expanded and revised bulb
vegetables group 3. Changes to crop group 3 (bulb vegetables) included
adding new commodities, creating subgroups for bulb and green onions,
and changing the name of one of the representative commodities from
``onion, dry bulb'' to ``onion, bulb.'' EPA also expanded and revised
berries group 13. Changes to crop group 13 (berries) included adding
new commodities, revising existing subgroups and creating new subgroups
(including a bushberry subgroup 13-07B consisting of the commodities
requested in PP 6E7086 and cultivars, varieties, and/or hybrids of
these).
    EPA indicated in the December 7, 2007 final rule as well as the
earlier May 23, 2007 proposed rule (72 FR 28920) (FRL-8126-1) that, for
existing petitions for which a Notice of Filing had been published, the
Agency would attempt to conform these petitions to the rule. Therefore,
consistent with this rule, EPA is establishing tolerances on onion,
green, subgroup 3-07B and bushberry subgroup 13-07B.
    EPA concludes it is reasonable to revise the petitioned-for
tolerances so that they agree with the recent crop grouping revisions
because:
    1. Although the subgroups are new the commodities in the new group
were proposed as individual tolerances and the added commodities are
closely related minor crops which contribute little to overall dietary
or aggregate exposure and risk; and
    2. Methoxyfenozide exposure from these added commodities was
considered when EPA conducted the dietary and aggregate risk
assessments supporting this action.

V. Conclusion

    Therefore, tolerances are established for residues of
methoxyfenozide; benzoic acid, 3-methoxy-2-methyl-2-(3,5-
dimethylbenzoyl)-2-(1,1-dimethylethyl)hydrazide, in or on the food
commodities acerola at 0.4 ppm; animal feeds, nongrass, group 18,
forage at 50.0 ppm; animal feeds, nongrass, group 18, hay at 150.0 ppm;
avocado at 0.6 ppm; bean, dry, seed at 0.24 ppm; bushberry subgroup 13-
07B at 3.0 ppm; canistel at 0.6 ppm; feijoa at 0.4 ppm; grass, forage,
fodder, and hay group 17, forage at 18.0 ppm; grass, forage, fodder,
and hay, group 17, hay at 30.0 ppm; guava at 0.4 ppm; jaboticaba at 0.4
ppm; mango at 0.6 ppm; onions, green, subgroup 3-07B at 5.0 ppm; papaya
at 0.6 ppm; passionfruit at 0.4 ppm; peanut at 0.02 ppm; peanut, hay at
55 ppm; peanut oil at 0.04 ppm; sapodilla at 0.6 ppm; sapote, black at
0.6 ppm; sapote, mamey at 0.6 ppm; star apple at 0.6 ppm; starfruit at
0.4 ppm; vegetable, tuberous and corm, except potato, sub group 1D at
0.02 ppm; wax jambu at 0.4 ppm.
    Time-limited tolerances are established for the indirect or
inadvertent residues for methoxyfenozide in or on vegetable, bulb,
group 3 at 0.2 ppm; vegetable, leaves of root and tuber, group 2 at 0.2
ppm; and vegetable, root and tuber, group 1 at 0.1 ppm; and the
combined residues of methoxyfenozide; benzoic acid, 3-methoxy-2-methyl-
, 2-(3,5-dimethylbenzoyl)-2-(1,1-dimethylethyl) hydrazide and its
metabolites RH-117,236 free phenol of methoxyfenozide; 3,5-
dimethylbenzoic acid N-tert-butyl-N'-(3-hydroxy-2-methylbenzoyl)
hydrazide, RH-151,055 glucose conjugate of RH-117,236; 3,5-dimethyl
benzoic acid N-tert-butyl-N-[3 ([beta]-D-glucopyranosyloxy)-2-
methylbenzoyl]-hydrazide and RH-152,072 the malonylglycosyl conjugate
of RH 117,236 in or on the food commodities animal feed, nongrass,
group 18 at 10.0 ppm; grain, cereal, forage, fodder and straw, group 16
at 10.0 ppm; grass forage, fodder and hay, group 17 at 10.0 ppm; herb
and spice, group 19 at 10.0 ppm; vegetable, foliage of legume, group 7
at 10.0 ppm; and vegetable, legume, group 6 at 0.10 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, 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) or Executive Order 13045, entitled Protection of Children
from Environmental Health Risks and Safety Risks (62 FR 19885, April
23, 1997). 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., nor does it require any special considerations
under Executive Order 12898, entitled Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under 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.
    This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled Federalism (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
Consultation and Coordination with Indian Tribal Governments (65 FR
67249, November 6, 2000) do not apply to this rule. In addition, This
rule does not 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).
    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).

VII. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report 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: February 14, 2008.
 Donald R. Stubbs,
Acting 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 180.544 is amended by:
0
i. Revising the entries ``canistel''; ``mango''; ``papaya'';
``sapodilla''; ``sapote, black''; ``sapote, mamey''; and ``star apple''
in paragraph (a)(1).
0
ii. Alphabetically adding commodities to the table in paragraph (a)(1).
0
iii. Removing the text from paragraph (b) and reserving the heading.
0
iv. Revising the tables in paragraphs (d)(1) and (d)(2) to read as
follows:

Sec.  180.544  Methoxyfenozide; tolerances for residues.

    (a) General. (1) * * *

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Acerola..............................................                0.4
                                * * * * *
Animal feed, nongrass, group 18, forage..............               50.0
Animal feed, nongrass, group 18, hay.................              150.0
                                * * * * *
Avocado..............................................                0.6
Bean, dry, seed......................................               0.24
                                * * * * *
Bushberry subgroup 13-07B............................                3.0
Canistel.............................................                0.6
                                * * * * *
Feijoa...............................................                0.4
                                * * * * *
Grass, forage, fodder and hay, group 17, forage......               18.0
Grass, forage, fodder and hay, group 17, hay.........               30.0
Guava................................................                0.4
                                * * * * *
Jaboticaba...........................................                0.4
                                * * * * *
Mango................................................                0.6
                                * * * * *
Onion, green, subgroup 3-07B.........................                5.0
Papaya...............................................                0.6
Passionfruit.........................................                0.4
                                * * * * *
Peanut...............................................               0.02
Peanut, hay..........................................               55.0
Peanut, oil..........................................               0.04
                                * * * * *
Sapodilla............................................                0.6
Sapote, black........................................                0.6
Sapote, mamey........................................                0.6
                                * * * * *
Star apple...........................................                0.6
Starfruit............................................                0.4
                                * * * * *
Vegetable, tuberous and corm, except potato, subgroup               0.02
 1D..................................................
Wax jambu............................................                0.4
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) * * *
    (1) * * *

------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per    revocation
                                                  million        date
------------------------------------------------------------------------
Vegetable, bulb, group 3-07...................         0.20      9/30/10
Vegetable, leaves of root and tuber, group 2..         0.20      9/30/10
Vegetable, root and tuber, group 1............         0.10      9/30/10
------------------------------------------------------------------------

    (2) * * *

------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per    revocation
                                                  million        date
------------------------------------------------------------------------
Animal feed, non-grass, group 18..............         10.0      9/30/10
Grain, cereal, forage, fodder and straw, group         10.0      9/30/10
 16...........................................
Grass, forage, fodder and hay, group 17.......         10.0      9/30/10
Herb and spice, group 19......................         10.0      9/30/10
Vegetable, foliage of legume, group 7.........         10.0      9/30/10
Vegetable, legume, group 6....................         0.10      9/30/10
------------------------------------------------------------------------

[FR Doc. E8-4027 Filed 3-4-08; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 87, Number 45 (Tuesday, March 8, 2022)]
[Notices]
[Pages 12952-12953]
[FR Doc No: 2022-04875]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e) (1) (v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for electronic review at the Commission in the Public
Reference Room or may be viewed on the Commission's website at http://www.ferc.gov using the eLibrary link. Enter the docket number,
excluding the last three digits, in the docket number field to access
the document. For assistance, please contact FERC Online Support at
[email protected] or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

------------------------------------------------------------------------
                                                        Presenter or
          Docket Nos.               File date            requester
------------------------------------------------------------------------
Prohibited:
    1. P-1494-438.............          2-15-2022  FERC Staff. \1\
    2. CP21-57-000............          2-16-2022  FERC Staff. \2\
    3. CP21-57-000............          2-16-2022  FERC Staff. \3\
    4. CP21-57-000............          2-16-2022  FERC Staff. \4\
    5. CP21-57-000............          2-16-2022  FERC Staff. \5\
    6. CP21-57-000............          2-16-2022  FERC Staff. \6\
    7. CP21-57-000............          2-16-2022  FERC Staff. \7\
    8. CP21-57-000............          2-16-2022  FERC Staff. \8\
    9. CP21-57-000............          2-17-2022  FERC Staff. \9\
    10. CP21-57-000...........          2-17-2022  FERC Staff. \10\
    11. CP21-57-000...........          2-17-2022  FERC Staff. \11\
    12. CP21-57-000...........          2-17-2022  FERC Staff. \12\
    13. CP21-57-000...........          2-17-2022  FERC Staff. \13\
    14. CP21-57-000...........          2-17-2022  FERC Staff. \14\
    15. CP21-57-000...........          2-18-2022  FERC Staff. \15\
    16. CP21-57-000...........          2-18-2022  FERC Staff. \16\
    17. CP21-57-000...........          2-22-2022  FERC Staff. \17\
    18. CP21-57-000...........          2-22-2022  FERC Staff. \18\
    19. CP21-57-000...........          2-22-2022  FERC Staff. \19\
    20. CP21-57-000...........          2-22-2022  FERC Staff. \20\
    21. CP21-57-000...........          2-22-2022  FERC Staff. \21\
    22. CP21-57-000...........          2-22-2022  FERC Staff. \22\
    23. CP21-57-000...........          2-22-2022  FERC Staff. \23\
    24. CP21-57-000...........          2-22-2022  FERC Staff. \24\
    25. CP21-57-000...........          2-22-2022  FERC Staff. \25\
    26. CP21-57-000...........          2-22-2022  FERC Staff. \26\
    27. CP21-57-000...........          2-22-2022  FERC Staff. \27\
    28. CP21-57-000...........          2-23-2022  FERC Staff. \28\
    29. CP21-57-000...........          2-23-2022  FERC Staff. \29\
    30. CP21-57-000...........          2-23-2022  FERC Staff. \30\
    31. CP21-57-000...........          2-23-2022  FERC Staff. \31\
    32. CP21-57-000...........          2-23-2022  FERC Staff. \32\
    33. CP21-57-000...........          2-23-2022  FERC Staff. \33\
    34. CP21-57-000...........          2-23-2022  FERC Staff. \34\
    35. CP21-57-000...........          2-23-2022  FERC Staff. \35\
    36. CP21-57-000...........          2-23-2022  FERC Staff. \36\
    37. CP21-57-000...........          2-23-2022  FERC Staff. \37\
    38. CP21-57-000...........          2-23-2022  FERC Staff. \38\
    39. CP21-57-000...........          2-23-2022  FERC Staff. \39\

    40. CP21-57-000...........          2-23-2022  FERC Staff. \40\
    41. CP16-10-000...........          2-24-2022  FERC Staff. \41\
    CP21-57-000...............
Exempt:
    1. CP16-10-000............          2-17-2022  U.S. Senator Mark R.
                                                    Warner.
    2. P-77-000...............          2-18-2022  U.S. Representative
                                                    Jared Huffman.
    3. CP17-458-000...........          2-23-2022  U.S. Representative
                                                    Tom Cole.
------------------------------------------------------------------------
\1\ Emailed comments dated 2/6/2022 from Philip Moll.
\2\ Emailed comments dated 2/15/2022 from Colleen Wysser.
\3\ Emailed comments dated 2/15/2022 from Joseph Halajian.
\4\ Emailed comments dated 2/16/2022 from Padma Dyvine.
\5\ Emailed comments dated 2/16/2022 from Lib Hutchby.
\6\ Emailed comments dated 2/16/2022 from Colleen Wysser.
\7\ Emailed comments dated 2/16/2022 from Steven Norris.
\8\ Emailed comments dated 2/14/2022 from Daniel Lawrence.
\9\ Emailed comments dated 2/15/2022 from Joseph Halajian.
\10\ Emailed comments dated 2/16/2022 from Lib Hutchby.
\11\ Emailed comments dated 2/16/2022 from Padma Dyvine.
\12\ Emailed comments dated 2/16/2022 from Steven Norris.
\13\ Emailed comments dated 2/16/2022 from Colleen Wysser-Martin.
\14\ Emailed comments dated 2/14/2022 from Carol Joan Patterson and 22
  other individuals.
\15\ Emailed comments dated 2/17/2022 from Colleen Wysser-Martin.
\16\ Emailed comments dated 2/18/2022 from Sarah Howard.
\17\ Emailed comments dated 2/14/2022 from Stephen Weissman.
\18\ Emailed comments dated 2/14/2022 from Lucy Duff.
\19\ Emailed comments dated 2/14/2022 from V Ra.
\20\ Emailed comments dated 2/16/2022 from Padma Dyvine.
\21\ Emailed comments dated 2/15/2022 from Louisa Gay.
\22\ Emailed comments dated 2/18/2022 from David F. Gassman.
\23\ Emailed comments dated 2/18/2022 from Colleen Wysser-Martin.
\24\ Emailed comments dated 2/19/2022 from Colleen Wysser-Martin.
\25\ Emailed comments dated 2/20/2022 from Colleen Wysser-Martin.
\26\ Emailed comments dated 2/21/2022 from Carol Ohlendorf.
\27\ Emailed comments dated 2/22/2022 from Steve Legge.
\28\ Emailed comments dated 2/14/2022 from Amy Henry and 24 other
  individuals.
\29\ Emailed comments dated 2/15/2022 from Colleen Wysser-Martin.
\30\ Emailed comments dated 2/15/2022 from Joseph Halajian.
\31\ Emailed comments dated 2/15/2022 from Louisa Gay.
\32\ Emailed comments dated 2/16/2022 from Colleen Wysser-Martin.
\33\ Emailed comments dated 2/16/2022 from Lib Hutchby.
\34\ Emailed comments dated 2/16/2022 from Padma Dyvine.
\35\ Emailed comments dated 2/16/2022 from Steven Norris.
\36\ Emailed comments dated 2/17/2022 from Colleen Wysser-Martin.
\37\ Emailed comments dated 2/18/2022 from Sarah Howard.
\38\ Emailed comments dated 2/18/2022 from Colleen Wysser-Martin.
\39\ Emailed comments dated 2/19/2022 from Colleen Wysser-Martin.
\40\ Emailed comments dated 2/21/2022 from Carol Ohlendorf.
\41\ Emailed comments dated 2/24/2022 from Steve Legge.

    Dated: March 2, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-04875 Filed 3-7-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 36 (Thursday, February 23, 2012)]
[Notices]
[Pages 10790-10791]
[FR Doc No: 2012-4193]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66408; File No. SR-CBOE-2011-126]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Order Approving Proposed Rule Change Relating to the CBOE
Stock Exchange Request for Quote Rules

February 16, 2012.
    On December 27, 2011, Chicago Board Options Exchange, Incorporated
(``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to modify its rules relating to requests for
quotes (``RFQs'') on the CBOE Stock Exchange (``CBSX''). The proposal
removes the rule provisions affording CBSX participants the ability to
submit RFQs. The proposed rule change was published for comment in the
Federal Register on January 13, 2012.\3\ The Commission received no
comments on the proposal.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 66119 (January 9,
2012), 77 FR 2112.
---------------------------------------------------------------------------

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange \4\
and, in particular, the requirements of Section 6(b)(5) of the Act,\5\
which requires that the Commission determine that the rules of the
Exchange are designed to remove impediments to and perfect the
mechanism for a free and open market. The proposal removes references
pertaining to RFQs in the CBSX rules because the method of trading on
CBSX obviates the need for an RFQ process. The Exchange represents that
participants have not used, or inquired about using, RFQs on CBSX.
Moreover, the systems of CBSX do not fully support transmitting RFQ
messages. Given that the CBSX system for submitting RFQs is not
currently functional, the Commission believes the removal of references
to RFQs in the CBSX rules may prevent confusion among participants who
may otherwise expect to be able to submit RFQs. For the foregoing
reasons, the Commission

believes that the proposed rule change is consistent with the Act.
---------------------------------------------------------------------------

    \4\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\6\ that the proposed rule change (SR-CBOE-2011-126) be, and it
hereby is, approved.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-4193 Filed 2-22-12; 8:45 am]
BILLING CODE 8011-01-P