[Federal Register Volume 81, Number 228 (Monday, November 28, 2016)]
[Notices]
[Pages 85670-85671]
[FR Doc No: 2016-28543]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2016-116]

Petition for Exemption; Summary of Petition Received; CK Aerial
Photography LLC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Title 14 of the Code of Federal
Regulations. The purpose of this notice is to improve the public's
awareness of, and participation in, the FAA's exemption process.
Neither publication of this notice nor the inclusion or omission of
information in the summary is intended to affect the legal status of
the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before December 19, 2016.

ADDRESSES: Send comments identified by docket number FAA-2016-5813
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Dan Ngo,<PHONE_NUMBER> 800
Independence Avenue SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on November 18, 2016.
Dale Bouffiou,
Deputy Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2016-5813.
    Petitioner: CK Aerial Photography LLC.
    Section(s) of 14 CFR Affected: 14 CFR part 21 and Sections
45.23(b), 61.113(a)(b), 91.7(a), 91.9(b)(2), 91.103(b)(2), 91.109,
91.119(c), 91.121, 91.151, 91.203(a)(b), 91.405(a),

91.407(a)(1), 91.409(a)(1)(2), and 91.417(a)(b).
    Description of Relief Sought: The petitioner is requesting relief
to operate UAS to conduct aerial photography and videography both
domestically and outside of the United States.
[FR Doc. 2016-28543 Filed 11-25-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Notices]
[Pages 9583-9584]
[FR Doc No: 2016-04046]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2005-21613]

Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 of the Code of Federal
Regulations (CFR), this document provides the public notice that by a
document dated January 21, 2016, the Association of American Railroads
(AAR) has petitioned the Federal Railroad Administration (FRA) for
renewal of a waiver of compliance from certain provisions of the
Federal railroad safety regulations contained at 49 CFR part 229--
Railroad Locomotive Safety Standards. FRA assigned the petition Docket
Number FRA-2005-21613.
    This regulatory relief was initially granted by FRA in a letter
dated December 2, 2005. This letter, along with subsequent
modifications and renewals, established a program to perform field
investigations to determine new limits for the air brake system clean,
repair, and test requirements applicable to electronic air brake
systems manufactured by New York Air Brake (NYAB) and Wabtec Railway
Electronics (Wabtec). At the time, those requirements were contained in
49 CFR 229.27 and 229.29, which have since been reorganized and updated
in 229.29 as level 2 and level 3 air brake system maintenance. The
program required that each air brake system be periodically evaluated
by a joint committee involving a railroad, the air brake manufacturer,
labor organizations (both operating and maintenance crafts) and FRA
representatives. Several joint committees, with extensive participation
from each of the above mentioned groups, were formed on CSX
Transportation (CSX), BNSF Railway (BNSF), and Union Pacific Railroad
(UP). All of the air brake systems that were studied were endorsed by
consensus of the participating groups for varying extensions to the
clean, repair, and test intervals given in 49 CFR 229.29. All of the
committees have concluded their investigations and none are currently
meeting.
    As provided for in the waiver, relief was also extended to certain
other AAR member railroads which applied for inclusion and provided a
statement from the air brake manufacturer attesting to the similarity
of their air brake systems to the ones tested.
    Based on the similarity of design documented by the air brake
manufacturers and performance demonstrated by tests and teardowns
performed on various AAR member railroads, AAR is requesting a unified
extension of the waiver applicable to all member railroads. AAR also
requests that this waiver extension include all of the NYAB and Wabtec
Air Brake systems that were studied by the joint committees. The air
brake systems, conditions, and restrictions are requested to be as
given in approval letters to Amtrak (June 19, 2014), CSX (August 14,
2015), and a joint letter to CSX and UP (October 15, 2015). A summary
of the requested intervals and brake systems is given in the following
table:

----------------------------------------------------------------------------------------------------------------
                                            Inspection
                  Model                      interval             Conditions                     Notes
                                              (years)
----------------------------------------------------------------------------------------------------------------
New York Air Brake CCB2, CCB26..........               9  Non-fragmented COT&S......  If equipped with BPCP
                                                                                manufactured March 2013
                                                                                or later.
New York Air Brake CCB2, CCB26..........               7  Non-fragmented COT&S......  If not equipped with BPCP
                                                                                manufactured March 2013
                                                                                or later.
New York Air Brake CCB2, CCB26..........  ..............  Fragmented COT&S..........
+ 16 Control Portion....................               9  Fragmented COT&S..........
+ Brake Pipe Control Portion............              10  Fragmented COT&S..........  If BPCP manufactured March
                                                                                2013 or later.
+ Brake Pipe Control Portion............               7  Fragmented COT&S..........  If BPCP not manufactured
                                                                                March 2013 or later.
+ All other portions....................              10  Fragmented COT&S..........
New York Air Brake CCB1.................             6.5  Non-fragmented COT&S......
New York Air Brake CCB1.................  ..............  Fragmented COT&S..........
+ 20 Portion............................             6.5  Fragmented COT&S..........
+ All other portions....................             8.5  Fragmented COT&S..........
WABTEC Epic 3101 & Epic 3102 w/o D2.....               8
WABTEC FastBrake........................              10
----------------------------------------------------------------------------------------------------------------

    AAR also submitted copies of FRA decision letters documenting the
intervals above and giving complete conditions as determined by FRA
based on the consensus reached in the various joint railroad,
manufacturer, labor and FRA waiver committees. These letters are
available online at www.regulations.gov under Docket Number FRA-2005-
21613; item numbers -0061, -0073, and -0076.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the Department of Transportation's
(DOT) Docket Operations Facility, 1200 New Jersey Avenue SE., W12-140,
Washington, DC 20590. The Docket Operations Facility is open from 9
a.m. to 5 p.m., Monday through Friday, except Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.

    Communications received by April 11, 2016 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its processes. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.
See also http://www.regulations.gov/#!privacyNotice for the privacy
notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2016-04046 Filed 2-24-16; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 76, Number 46 (Wednesday, March 9, 2011)]
[Notices]
[Pages 12974-12975]
[FR Doc No: 2011-5312]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2010-E-0483 and FDA-2010-E-0484]

Determination of Regulatory Review Period for Purposes of Patent
Extension; AMPYRA

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) has determined the
regulatory review period for AMPYRA and is publishing this notice of
that determination as required by law. FDA has made the determination
because of the submission of applications to the Director of Patents
and Trademarks, Department of Commerce, for the extension of patents
which claim that human drug product.

ADDRESSES: Submit electronic comments to
http:[sol][sol]www.regulations.gov. Submit written petitions along with
three copies and written comments to the Division of Dockets Management
(HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT:  Beverly Friedman, Office of
Regulatory Policy, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 51, rm. 6222, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Drug Price Competition and Patent Term
Restoration Act of 1984 (Pub. L. 98-417) and the Generic Animal Drug
and Patent Term Restoration Act (Pub. L. 100-670) generally provide
that a patent may be extended for a period of up to 5 years so long as
the patented item (human drug product, animal drug product, medical
device, food additive, or color additive) was subject to regulatory
review by FDA before the item was marketed. Under these Acts, a
product's regulatory review period forms the basis for determining the
amount of extension an applicant may receive.
    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For human drug products, the
testing phase begins when the exemption to permit the clinical
investigations of the drug becomes effective and runs until the
approval phase begins. The approval phase starts with the initial
submission of an application to market the human drug product and
continues until FDA grants permission to market the drug product.
Although only a portion of a regulatory review period may count toward
the actual amount of extension that the Director of Patents and
Trademarks may award (for example, half the testing phase must be
subtracted as well as any time that may have occurred before the patent
was issued), FDA's determination of the length of a regulatory review
period for a human drug product will include all of the testing phase
and approval phase as specified in 35 U.S.C. 156(g)(1)(B).
    FDA recently approved for marketing the human drug product AMPYRA
(dalfampridine). AMPYRA is indicated to improve walking in patients
with multiple sclerosis. Subsequent to this approval, the Patent and
Trademark Office received patent term restoration applications for
AMPYRA (U.S. Patent Nos. 5,370,879 and 5,540,938) from Elan Pharma
International Ltd., and the Patent and Trademark Office requested FDA's
assistance in determining the patents' eligibility for patent term
restoration. In a letter dated September 30, 2010, FDA advised the
Patent and Trademark Office that this human drug product had undergone
a regulatory review period and that the approval of AMPYRA represented
the first permitted commercial marketing or use of the product.
Thereafter, the Patent and Trademark Office requested that FDA
determine the product's regulatory review period.
    FDA has determined that the applicable regulatory review period for
AMPYRA is 9,845 days. Of this time, 9,569 days occurred during the
testing phase of the regulatory review period, while 276 days occurred
during the approval phase. These periods of time were derived from the
following dates:
    1. The date an exemption under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 355(i)) became
effective: February 10, 1983. The applicant claims January 1, 1980, as
the date the investigational new drug application (IND) became
effective. However, FDA records indicate that the IND was initially
placed on clinical hold. The applicant was informed that the
investigational studies were allowed to proceed on February 10, 1983,
the effective date of the IND.
    2. The date the application was initially submitted with respect to
the human drug product under section 505(b) of the FD&C Act: April 22,
2009. FDA has verified the applicant's claim that the new drug
application (NDA) for AMPYRA (NDA 22-250) was submitted on April 22,
2009.
    3. The date the application was approved: January 22, 2010. FDA has
verified the applicant's claim that NDA 22-250 was approved on January
22, 2010.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the U.S.
Patent and Trademark Office applies several statutory limitations in
its calculations of the actual period for patent extension. In its
applications for patent extension, this applicant seeks 1,827 and 1,826
days of patent term extension.
    Anyone with knowledge that any of the dates as published are
incorrect may submit to the Division of Dockets Management (see
ADDRESSES) either electronic or written comments and ask for a
redetermination by May 9, 2011. Furthermore, any interested person may
petition FDA for a determination regarding whether the applicant for
extension acted with due diligence during the regulatory review period
by September 5, 2011. To meet its burden, the petition must contain
sufficient facts

to merit an FDA investigation. (See H. Rept. 857, part 1, 98th Cong.,
2d sess., pp. 41-42, 1984.) Petitions should be in the format specified
in 21 CFR 10.30.
    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) electronic or written comments and written petitions.
It is only necessary to send one set of comments. It is no longer
necessary to send three copies of mailed comments. However, if you
submit a written petition, you must submit three copies of the
petition. Identify comments with the docket number found in brackets in
the heading of this document.
    Comments and petitions that have not been made publicly available
on http:[sol][sol]www.regulations.gov may be viewed in the Division of
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: February 14, 2011.
Jane A. Axelrad,
Associate Director for Policy, Center for Drug Evaluation and Research.
[FR Doc. 2011-5312 Filed 3-8-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: November 9, 2006 (Volume 71, Number 217)]
[Notices]
[Page 65790]
[DOCID:fr09no06-57]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. RP06-595-001]

Discovery Gas Transmission LLC; Notice of Negotiated Rate Filing

November 3, 2006.
    Take notice that on October 31, 2006, Discovery Gas Transmission
LLC (Discovery) tendered for filing as part of its FERC Gas Tariff,
Original Volume No. 1, Second Revised Sheet No. 22, to become effective
November 1, 2006.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-18998 Filed 11-8-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: January 19, 2010 (Volume 75, Number 11)]
[Notices]
[Page 2890-2891]
[DOCID:fr19ja10-85]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0004]

OSHA Listens: Occupational Safety and Health Administration
Stakeholder Meeting

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice of public meeting.

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SUMMARY: The Occupational Safety and Health Administration (OSHA) is
announcing a public meeting to solicit comments and suggestions from
stakeholders on key issues facing the agency.

DATES: The public meeting will be held on February 10, 2010, from 9
a.m. to 5 p.m. Persons interested in attending the meeting must
register by February 3, 2010. In addition, comments relating to the
``Scope of Meeting'' section of this document must be submitted in
written or electronic form by March 30, 2010.

ADDRESSES: The public meeting will be held at the Frances Perkins
Building Auditorium, U.S. Department of Labor, 200 Constitution Avenue,
NW., Washington, DC 20210.
    Submit written comments to the OSHA Docket Office, Docket No. OSHA-
2010-0004, Technical Data Center, Room N-2625, U.S. Department of
Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone
(202) 693-2350. Submit electronic comments by e-mail to:
<EMAIL_ADDRESS>All comments should be identified with
Docket No. OSHA-2010-0004.
    Registration To Attend and/or To Participate in the Meeting: If you
wish to attend the public meeting and/or make an oral presentation at
the meeting, you must register by e-mail to:
<EMAIL_ADDRESS>by close of business on February 3, 2010.
When registering, you must provide the following information: (1) Your
name, title, company or organization (if applicable), address, phone
number and e-mail address, and (2) if you wish to make a short
presentation, the specific topic or issue to be addressed. Actual times
provided for presentation will depend on the number of requests. There
is no fee to register for the public meeting. Registration on the day
of the public meeting will be permitted on a space-available basis
beginning at 8:30 a.m.
    We will do our best to accommodate all persons who wish to make a
presentation at the meeting. OSHA

encourages persons and groups having similar interests to consolidate
their information for presentation through a single representative.
After reviewing the requests to present, we will contact each
participant prior to the meeting with the amount of time available and
the approximate time that the participant's presentation is scheduled
to begin. Presenters must then send the final electronic copies of
their presentations in Microsoft Word or Adobe Portable Document Format
(PDF) to<EMAIL_ADDRESS>by February 8, 2010.

FOR FURTHER INFORMATION CONTACT: For further information please contact
Cori Hutcheson, Office of the Assistant Secretary, Occupational Safety
and Health Administration, 200 Constitution Avenue, NW., Washington, DC
20210; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>Individuals with disabilities wishing to
attend the meeting should contact Veneta Chatmon at<PHONE_NUMBER>, by
February 3, 2010, to obtain appropriate accommodations.

SUPPLEMENTARY INFORMATION:

I. Background

    The Occupational Safety and Health Administration is committed to
ensuring safe workplaces for workers, and that the agency's efforts are
effective, efficient and reflect the real world experiences of the
workplace.
    Public engagement in the work of Government is a priority for the
Obama Administration and is important to enhance the work of OSHA. On
January 21, 2009, President Obama issued a Memorandum to the heads of
executive departments and agencies regarding openness in government.\1\
In the Memorandum, the Administration noted that government should be
participatory: ``Public engagement enhances the Government's
effectiveness and improves the quality of its decisions. Knowledge is
widely dispersed in society, and public officials benefit from having
access to that dispersed knowledge.''
---------------------------------------------------------------------------

    \1\ Presidential Documents, Memorandum for the Heads of
Executive Departments and Agencies on Transparency and Open
Government (January 21, 2009) (74 FR 4685, January 26, 2009),
available at: http://www.whitehouse.gov/the_press_office/
TransparencyandOpenGovernment/.
---------------------------------------------------------------------------

    Executive agencies were instructed to offer Americans increased
opportunities to participate in policymaking and to provide their
Government with the benefits of their collective expertise and
information. The Memorandum further instructed Executive agencies to
solicit public input on how we can increase and improve opportunities
for public participation in Government.
    On December 8, 2009, the Office of Management and Budget (OMB)
issued an Open Government Directive,\2\ directing the heads of
Executive departments and agencies to take specific actions to
implement the principles of transparency, participation and
collaboration set forth in the President's Memorandum. Regarding the
principle of participation, OMB Director, Peter R. Orszag, directed
agencies to ``promote opportunities for the public to participate
throughout the decision-making process''.
---------------------------------------------------------------------------

    \2\ Presidential Document, Memorandum for the Heads of Executive
Departments and Agencies, entitled Open Government Directive
(December 8, 2009), may be found at: http://www.whitehouse.gov/omb/
assets/memoranda_2010/m10-06.pdf.
---------------------------------------------------------------------------

    In keeping with the Presidential Memorandum and the OMB Directive,
OSHA is holding a public meeting and establishing a public docket to
seek input from interested parties. OSHA LISTENS, the public meeting to
solicit input from interested stakeholders, will be held on February
10, 2010.

II. Scope of Meeting

    OSHA is interested in obtaining information from the public on key
issues facing the agency. In particular, the agency invites input on
the following:
    1. What can the agency do to enhance and encourage the efforts of
employers, workers and unions to identify and address workplace
hazards?
    2. What are the most important emerging or unaddressed health and
safety issues in the workplace, and what can OSHA do to address these?
    3. How can the agency improve its efforts to engage stakeholders in
programs and initiatives?
    4. What specific actions can the agency take to enhance the voice
of workers in the workplace, particularly workers who are hard to
reach, do not have ready access to information about hazards or their
rights, or are afraid to exercise their rights?
    5. Are there additional measures to improve the effectiveness of
the agency's current compliance assistance efforts and the on site
consultation program, to ensure that small businesses have the
information needed to provide safe workplaces?
    6. Given the length and difficulty of the current OSHA rulemaking
process, and given the need for new standards that will protect workers
from unaddressed, inadequately addressed and emerging hazards, are
there policies and procedures that will decrease the time to issue
final standards so that OSHA may implement needed protections in a
timely manner?
    7. As we continue to progress through a new information age vastly
different from the environment in which OSHA was created, what new
mechanisms or tools can the agency use to more effectively reach high
risk employees and employers with training, education and outreach?
What is OSHA doing now that may no longer be necessary?
    8. Are there indicators, other than worksite injuries and illness
logs, that OSHA can use to enhance resource targeting?
    9. In the late 1980s, OSHA and its stakeholders worked together to
update the Permissible Exposure Limits (PELs) (exposure limits for
hazardous substances; most adopted in 1971), but the effort was
unsuccessful. Should updating the PELs be a priority for the agency?
Are there suggestions for ways to update the PELs, or other ways to
control workplace chemical exposures?

III. Request for Comments

    Regardless of attendance at the public meeting, interested persons
may submit written or electronic comments (see ADDRESSES). Submit a
single copy of electronic comments or two paper copies of any mailed
comments, except that individuals may submit one paper copy To permit
time for interested persons to submit data, information, or views on
the issues in the ``Scope of Meeting'' section of this notice, submit
comments by March 30, 2010. When commenting on multiple issues,
identify each comment using the number of the issue as provided in the
``Scope of Meeting'' section of this notice. Please include Docket No.
OSHA-2010-0004. Comments received may be seen in the U.S. Department of
Labor, OSHA Docket Office, (see ADDRESSES), between 8:15 a.m. and 4:45
p.m., Monday through Friday. OSHA is also exploring additional
electronic means for the public to provide comments and feedback on
this topic.

IV. Transcripts

    Transcripts of the meeting will be available for review
approximately 30 days after the meeting at: http://www.osha.gov and at
U.S. Department of Labor, OSHA Docket Office (see ADDRESSES).

    Signed in Washington, DC, on January 13, 2010.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2010-814 Filed 1-15-10; 8:45 am]
BILLING CODE 4510-26-P


ESFENVALERATE (109303)

Screening Level Usage Analysis (SLUA)

Date: March 20, 2009

What is a Screening Level Usage Analysis (SLUA)?

Available estimates of pesticide usage data for a particular active
ingredient that is used on agricultural crops in the United States.

Pesticide usage data obtained from various sources.  The data are then
merged, averaged, and rounded so that the presented information is not
proprietary, business confidential, or trade secret.

What does it contain?

Pesticide usage data for a single active ingredient only.

Agricultural use sites (crops) that the pesticide is reported to be used
on.

Available pesticide usage information from U.S. states that produce 80%
or more of a crop, in most cases, or less than 80%, in rare cases,
depending on the scope of the survey and available resources.

Annual percent of crop treated (average & maximum) for each agricultural
crop.

Average annual pounds of the pesticide applied for each agricultural
crop (i.e., for the states surveyed, not for the entire United States).

What assumptions can I make about the reported data?

Average pounds of active ingredient applied - Values are calculated by
merging pesticide usage data sources together; averaging across all
observations, then rounding.  Note:  If the estimated value is less than
500, then that value is labeled <500.  Estimated values between 500 &
<1,000,000 are rounded to 1 significant digit.  Estimated values of
1,000,000 or greater are rounded to 2 significant digits.)

Average percent of crop treated - Values are calculated by merging data
sources together; averaging by year, averaging across all years, &
rounding to the nearest multiple of 5.  Note:  If the estimated value is
less than 1, then the value is labeled <1.

Maximum percent of crop treated - Value is the single maximum value
reported across all data sources, across all years, & rounded up to the
nearest multiple of 5.  Note:  If the estimated value is less than 2.5,
then the value is labeled <2.5.

What are the data sources used?

USDA-NASS (United States Department of Agriculture’s National
Agricultural Statistics Service) – pesticide usage data from 2001 to
2007.

Private pesticide market research – pesticide usage data from 2001 to
2007.

NPUD 2002 (National Pesticide Use Database) pesticide usage data from
NPUD 02 of the CropLife Foundation are used only if data are not
available from the other sources.

California Department of Pesticide Regulation (DPR) Pesticide Use
Reporting (PUR) data for 2000 to 2005 when 95% or more of a crop is
grown California.

What are the limitations to the data?

Additional registered uses may exist but are not included because the
available surveys do not report usage (e.g., small acreage crops).

Lack of reported usage data for the pesticide on a crop does not imply
zero usage.

Usage data on a particular site may be noted in data sources, but not
quantified.  In these instances, the site would not be reported in the
SLUA.

Non-agricultural use sites (e.g., turf, post-harvest, mosquito control,
etc.) are not reported in the SLUA.  A separate request must be made to
receive these estimates.

Some sites show some use, even though they are not on the label.  This
usage could be due to various factors, including, but not limited to
Section 18 requests, existing stocks of the chemical, data collection
errors, and experimental use permits (EUPs).

March 20, 2009

Screening Level Estimates of Agricultural Uses of ESFENVALERATE (109303)

Sorted Alphabetically

		            Crop					Lbs. A.I.	     	    Percent Crop Ttd.
             			    Avg.      Max.

	1 	Alfalfa +	1,000	<1          <2.5

	2 	Almonds	10,000	35            40

	3 	Apples	4,000	15            20

	4 	Apricots	1,000	60            80

	5 	Artichokes	1,000	75            95

	6 	Asparagus +	<500	<2.5        <2.5

	7 	Beans, Green	2,000	15            25

	8	Beans, Lima	<500	5	       20

	9 	Blackberries	<500	20            25

	10 	Blueberries	<500	15            20

	11	Broccoli	1,000	20            40

	12	Cabbage	1,000	15            25

	13	Caneberries	<500	10            15

	14	Canola/Rapeseed+	<500	<1          <2.5

	15	Cantaloupes	1,000	10            20

	16	Carrots	2,000	25            45

	17	Cauliflower	1,000	25            40

	18	Cherries	2,000	20            25

	19	Corn	3,000	<1          <2.5

	20	Cotton	10,000	<2.5             5

	21	Cucumbers	3,000	20            35

	22	Dry Beans/Peas	3,000	5              10

	23	Garlic +	<500                             <1           <2.5

	24	Grapes +	<500	<1          <2.5

	25	Hazelnuts (Filberts) 	2,000	85           100

	26	Lettuce	1,000	10             20

	27	Nectarines	1,000	50             60

	28	Onions +	<500	<1          <2.5

	29	Oranges +	<500	<1          <2.5

	30	Peaches	6,000	45            65

	31	Peanuts	4,000	10            15

	32	Pears	1,000	20            30

	33	Peas, Green	<500	 5             10

	34	Pecans	2,000	 5             10

	35	Peppers	1,000	10            20

	36	Pistachios * +	<500	N/C	     N/C

	37	Plums	1,000	35            45

	38	Potatoes	9,000	15            30

	39	Prunes	3,000	40            60

	40	Pumpkins 	1,000	15            25

	41	Seed Crops ( NPUD '02 ) +	 <500	<1	N/C

	42	Sorghum	 1,000	<1          <2.5

	43	Soybeans                                      	     30,000 	<2.5
        5

	44	Spinach +	 <500	<2.5             5

	45	Squash	1,000	25            40

	46	Strawberries +	 <500	<1         <2.5

	47	Sugar Beets	2,000	  5            10

	48	Sugarcane	 <500	<1         <2.5

	49	Sunflowers          		 	20,000	30            40

	50	Sweet Corn	6,000	  5            15

	51	Tomatoes	6,000	20            25

	52	Walnuts	5,000	20            30

	53	Watermelons	1,000	15            25

	54	Wheat +	1,000	<1          <2.5

All numbers rounded.

'<500' indicates less than 500 pounds of active ingredient.

'<2.5' indicates less than 2.5 percent of crop is treated.

'<1' indicates less than 1 percent of crop is treated.

* CA data only, but 95% or more of U.S. acres are in California

SLUA data sources include:

	USDA-NASS (United States Department of Agriculture's National
Agricultural Statistics Service);

	Private Pesticide Market Research,

	NCFAP 97 (National Center for Food and Agricultural Policy),

NPUD 2002 (National Pesticide Use Database) of the CropLife America
Foundation and California DPR data.

	These results reflect amalgamated data developed by the Agency and are
releasable to the public.

  + = These crops were not known to be listed on active end use product
registrations when this report was run.