[Federal Register Volume 78, Number 76 (Friday, April 19, 2013)]
[Rules and Regulations]
[Pages 23488-23489]
[FR Doc No: 2013-09286]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0219]

Drawbridge Operation Regulations; Atlantic Intracoastal Waterway,
Albemarle and Chesapeake Canal, Chesapeake, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the SR 170 Centerville Turnpike Bridge,
across the Atlantic Intracoastal Waterway, mile 15.2, Albemarle and
Chesapeake Canal, at Chesapeake, VA. The deviation is necessary to
facilitate structural repairs to the superstructure of the SR 170
Centerville Turnpike Draw Bridge. This temporary deviation will allow
the drawbridge to change the operating schedule on specific dates and
times.

DATES: This deviation is effective from 9 a.m. on April 27, 2013 until
6 p.m. April 28, 2013.

ADDRESSES: The docket for this deviation, [USCG-2013-0219] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Jim Rousseau, Bridge
Administration Branch Fifth District, Coast Guard, telephone (757) 398-
6557, email<EMAIL_ADDRESS>If you have questions on
viewing the docket, call Barbara Hairston, Program Manager, Docket
Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The City of Chesapeake, who owns and
operates this swing bridge, has requested a temporary deviation from
the current operating regulations set out in 33 CFR 117.997(i), to
facilitate structural repairs.
    Under the regular operating schedule, the S.R. 170 Centerville
Turnpike Bridge, Albemarle and Chesapeake Canal mile 15.2, at
Chesapeake, VA shall open on signal at any time for commercial vessels
carrying liquefied flammable gas or other hazardous materials. From
6:30 a.m. to 8:30 a.m. and from 4 p.m. to 6 p.m., Monday through
Friday, except Federal holidays: Need not open for the passage of
recreational or commercial vessels that do not qualify; Need not open
for commercial cargo vessels, including tug, and tug with tows, unless
2 hours advance notice has been given to the Centerville Turnpike
Bridge at<PHONE_NUMBER>; and from 8:30 a.m. to 4 p.m., Monday through
Friday, except Federal holidays, the draw need only be opened on the
hour and half hour. If any vessel is approaching the bridge and cannot
reach the draw exactly on the hour or half hour, the draw tender may
delay the opening ten minutes past the hour or half hour for the
passage of the approaching vessel and any other vessels that are
waiting to pass. It shall open on signal at all other times.
    The Centerville Turnpike Bridge has vertical clearances in the open
and closed position of unlimited and 4 feet, above mean high water,
respectively.
    Under this temporary deviation, the drawbridge will be operated
under the following schedule to facilitate superstructure repairs,
beginning at 9 a.m., on Saturday, April 27, 2013 and ending at 6 p.m.,
on Sunday, April 28, 2013, the drawbridge will open on signal every
three hours on the following schedule: On Saturday, April 27th at 9
a.m., noon, 3 p.m., 6 p.m., 9 p.m., and on Sunday, April 28th at
midnight, 3 a.m., 6 a.m., 9 a.m., noon, 3 p.m. and 6 p.m.; will open on
signal for hazardous material vessels with a one-hour advance notice by
calling<PHONE_NUMBER>); and will open for an emergency as soon as
safely possible. In case of inclement weather, the alternate dates will
be rescheduled to weekend of May 4 and May 5, 2013.
    The Atlantic Intracoastal Waterway caters to a variety of vessels
from tug and barge traffic to recreational vessels traveling from
Florida to Maine. The Coast Guard has carefully coordinated the
restrictions with commercial and recreational waterway users.
Additionally, the Coast Guard will inform users of the waterway through
our Local and Broadcast Notice to Mariners of the closure periods for
the bridge so that vessels can arrange their

transits to minimize any impacts caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: April 9, 2013.
Waverly W. Gregory, Jr.,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2013-09286 Filed 4-18-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 135 (Tuesday, July 15, 2014)]
[Proposed Rules]
[Pages 41157-41158]
[FR Doc No: 2014-16571]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[EPA-HQ-OAR-2009-0897; FRL-9913-69-OAR]
RIN 2060-AQ07

Withdrawal of the Prior Determination or Presumption That
Compliance With the CAIR or the NOX SIP Call Constitutes
RACT or RACM for the 1997 8-Hour Ozone and 1997 Fine Particle NAAQS:
Reopening of Public Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Reopening of the public comment period.

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SUMMARY: The Environmental Protection Agency (EPA) is announcing the
reopening of the public comment period for its proposed rule titled,
``Withdrawal of the Prior Determination or Presumption that Compliance
with the CAIR or the NOX SIP Call Constitutes RACT or RACM
for the 1997 8-Hour Ozone and 1997 Fine Particle NAAQS,'' which
published in the Federal Register on June 9, 2014. The EPA has received
a request to extend the comment period beyond July 9, 2014, and in
response to that request, the EPA is reopening the comment period for
an additional 30 days.

DATES: Comments on the proposed rule published June 9, 2014 (79 FR
32892) must be received on or before August 14, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-

OAR-2009-0897, by one of the following methods:
     www.regulations.gov. Follow the online instructions for
submitting comments. Attention Docket ID No. EPA-HQ-OAR-2009-0897.
     Email<EMAIL_ADDRESS>Attention Docket ID No.
EPA-HQ-OAR-2009-0897.
     Fax:<PHONE_NUMBER>. Attention Docket ID No. EPA-HQ-OAR-
2009-0897.
     Mail: EPA Docket Center, EPA West (Air Docket), Attention
Docket ID No. EPA-HQ-OAR 2009-0897, U.S. Environmental Protection
Agency, Mailcode: 28221T, 1200 Pennsylvania Avenue NW., Washington, DC
20460. Please include a total of two copies.
     Hand Delivery: U.S. Environmental Protection Agency,
William Jefferson Clinton West Building (Air Docket), 1301 Constitution
Avenue NW, Room 3334, Washington, DC 20004, Attention Docket ID No.
EPA-HQ-OAR-2009-0897. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
    Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2009-0897. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov
or email. The www.regulations.gov Web site is an ``anonymous access''
system, which means the EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an email comment directly to the EPA without going through
www.regulations.gov, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, the EPA recommends that you include your name and other
contact information in the body of your comment and with any disk or
CD-ROM you submit. If the EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, the EPA may not
be able to consider your comment. Electronic files should avoid the use
of special characters, avoid any form of encryption, and be free of any
defects or viruses. For additional information about the EPA's public
docket, visit the EPA Docket Center homepage at www.epa.gov/epahome/dockets.htm.
    Docket. All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Air and Radiation Docket
and Information Center, EPA/DC, William Jefferson Clinton West
Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the Air
Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Ms. Kristin Riha, Office of Air
Quality Planning and Standards, Air Quality Policy Division, Mailcode
C539-01, Research Triangle Park, NC 27711, telephone:<PHONE_NUMBER>;
fax number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On June 9, 2014, the EPA published in the Federal Register a rule
proposing to withdraw any prior determination or presumption that, for
the 1997 8-hour ozone national ambient air quality standard (NAAQS) and
the 1997 fine particle NAAQS, compliance with the Clean Air Interstate
Rule or the NOX SIP Call automatically constitutes
reasonably available control technology or reasonably available control
measures for oxides of nitrogen or sulfur dioxide emissions from
electric generating unit sources participating in these regional cap-
and trade programs. The public comment period for the rulemaking closed
on July 9, 2014. In response to a request from a commenter for
additional time to submit comments, the EPA is reopening the comment
period for an additional 30 days.

II. General Information

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

    1. Submitting CBI. Do not submit this information to the EPA
through www.regulations.gov or email. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD-ROM that you mail to the EPA, mark the outside of the disk or CD-
ROM as CBI and then identify electronically within the disk or CD-ROM
the specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed to be CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments,
remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.

C. Where can I get a copy of this document and other related
information?

    In addition to being available in the docket, an electronic copy of
this notice will be posted at http://www.epa.gov/airquality/ozonepollution/actions.html.

    Dated: July 7, 2014.
Mary E. Henigin,
Acting Director, Office of Air Quality Planning and Standards.
[FR Doc. 2014-16571 Filed 7-14-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: June 21, 2007 (Volume 72, Number 119)]
[Notices]
[Page 34325-34326]
[DOCID:fr21jn07-74]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55917; File No. SR-NYSEArca-2007-22]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Approving
Proposed Rule Change as Amended by Amendments No. 1, 2, and 3 Thereto
Relating to Listing and Annual Fees for Derivative Securities Products,
Closed-End Funds and Structured Products

June 15, 2007.

I. Introduction

    On February 27, 2007, the NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange''), through its wholly owned subsidiary, NYSE Arca Equities,
Inc., 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
proposal to restructure and amend its Schedule of Fees and Charges
(``Fee Schedule'') to revise fees applicable to Derivative Securities
Products, Closed-End Funds, and Structured Products listed on NYSE
Arca, L.L.C., the equities facility of NYSE Arca Equities. NYSE Arca
filed Amendment No. 1 to the proposed rule change on May 1, 2007 and
filed Amendment No. 2 to the proposed rule change on May 3, 2007. The
proposed rule change was published for comment in the Federal Register
on May 14, 2007.\3\ On June 12, 2007, NYSE Arca filed Amendment No. 3
to the proposed rule change.\4\ The Commission received no comments
regarding the proposal. This order approves the proposed rule change,
as amended.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 55720 (May 7, 2007),
72 FR 27160 (``Notice'').
    \4\ For a description of Amendment No. 3, see Description of the
Proposal, infra. Amendment No. 3 is a technical amendment, therefore
it is not subject to notice and comment.
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II. Description of the Proposal

    NYSE Arca proposes to substantially revise its Fee Schedule. In
particular, as detailed in its proposal,\5\ NYSE Arca proposes to (1)
eliminate the Application Processing Fee for Derivative Securities
Products,\6\ Closed-End Funds,\7\ and Structured Products; (2) impose
an original listing fee of $5,000 per Derivative Securities Product;
(3) amend the annual fee for some Derivative Securities Products; and
(4) establish a separate listing and annual fees for Closed-End Funds.
NYSE Arca also proposes a number of related modifications to the Fee
Schedule, including fee discounts, limitations, minimums and caps for
Closed-End Funds.\8\
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    \5\ See Notice, supra note 3.
    \6\ For purposes of this proposal, Derivative Securities
Products include securities qualified for listing and trading on
NYSE Arca under the following NYSE Arca Equities Rules: Rule
5.2(j)(3) (Investment Company Units), 5.2(j)(5) (Equity Gold
Shares), 8.100 (Portfolio Depositary Receipts), 8.200 (Trust Issued
Receipts), 8.201 (Commodity-Based Trust Shares), 8.202 (Currency
Trust Shares), 8.300 (Partnership Units), and 8.400 (Paired Trust
Securities), as these rules may be amended from time to time.
    \7\ Closed-End Funds are a type of investment company registered
under the Investment Company Act of 1940 that offer a fixed number
of shares. Their assets are professionally managed in accordance
with the Closed-End Fund's investment objectives and policies, and
may be invested in stocks, fixed income securities or a combination
of both.
    \8\ In addition, NYSE Arca proposed to amend the Fee Schedule to
specify that for other structured products the $20,000 Listing Fee
applies to an initial listing (e.g., a listing transfer to NYSE Arca
from another exchange) in addition to Initial Public Offerings.
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    NYSE Arca proposes to implement these revised fees, as applicable,
to all issuers of Derivative Securities Products, Closed-End Funds, and
Structured Products retroactively as of January 1, 2007 with the
exception of listing fees for Closed-End Funds, which would take effect
as of the date of Commission approval of the proposed rule change.

Amendment No. 3

    In Amendment No. 3, NYSE Arca proposes minor revisions to the Fee
Schedule to correct the grammar in certain sections of the rule text
and to conform the rule text to proposed rule changes that were
recently approved by the Commission. Amendment No. 3 does not change
the proposal substantively. Specifically, NYSE Arca amended the rule
text to clarify the three examples in which the listing fee cap for
Closed-End Funds would apply, in particular: (1) When shares are issued
in conjunction with a merger or consolidation where a listed company
survives; (2) subsequent public offerings of a listed security; or (3)
where there are conversions of convertible securities into a listed
security. Amendment No. 3 also clarified that when listing additional
Closed-End Funds, the issuer will be billed a listing fee that is the
greater of $2,500 or the fee calculated on a per share basis.

III. Discussion

    After careful consideration, 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 \9\ and, in particular, the requirements of Section 6 of the
Act.\10\ Specifically, the Commission finds that the proposed rule
change is consistent with Section 6(b)(5) of the Act,\11\ which
requires, among other things, that the rules of a national securities
exchange be designed to promote just and equitable principles of trade,
to remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in

general, to protect investors and the public interest. The Commission
also finds that the proposed rule change is consistent with Section
6(b)(4) of the Act,\12\ which requires that the rules of the exchange
provide for the equitable allocation of reasonable dues, fees, and
other charges among its members and issuers and other persons using its
facilities.
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    \9\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. 15 U.S.C. 78c(f).
    \10\ 15 U.S.C. 78f.
    \11\ 15 U.S.C. 78f(b)(5).
    \12\ 15 U.S.C. 78f(b)(4).
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    NYSE Arca's proposal specifies the listing fees and annual fees
applicable to Derivative Securities Products, Closed-End Funds, and
Structured Products. Numerical examples on how fees are calculated
provide appropriate clarification, where necessary.\13\ The Commission
notes that the amended Fee Schedule will in some cases reduce and in
some cases increase the applicable listing fees and annual fees owed by
issuers, depending on various factors including the number of funds
listed by the same issuer, the shares outstanding for each fund, and
with respect to Closed-End Funds, the applicability of fee discounts,
limitations, minimums and caps.
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    \13\ For example, the Fee Schedule specifies that treasury
stock, restricted stock and shares issued in conjunction with the
exercise of an over-allotment option, if applicable, are included in
the number of shares a Closed-End Fund is billed for at the time a
security is first listed.
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    The Commission notes that the revised Annual Fee for Derivative
Securities Products would be billed quarterly in arrears, beginning
after the first calendar quarter in 2007, effective as of January 1,
2007.\14\ The proposed Annual Fee for Closed-End Funds would apply as
of January 1, 2007, and, for issuers listed in calendar year 2007, will
be pro-rated based on days listed in 2007. The proposed listing fees
for Derivative Securities Products would also be effective as of
January 1, 2007 while the listing fees for Closed-End Funds will be
effective as of the date of this approval order. NYSE Arca represented
that the retroactive fees would affect only a few issuers, specifically
two issuers of Investment Company Units (Derivative Securities
Products) \15\ and three Closed-End Funds, all of which are aware of
the proposed listing and annual fees.
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    \14\ Billing for the first calendar quarter of 2007, for
example, will be based on the number of shares outstanding for an
issue on March 30, 2007. For example, for an issue with 45 million
shares outstanding on March 30, 2007, the Annual Fee payable for the
quarter would be $1,000 ($4,000 Annual Fee divided by 4). If, at the
end of the second calendar quarter of 2007, the number of shares
outstanding for such issue increased to 55 million, the Annual Fee
payable for such quarter would be $2,000 ($8,000 Annual Fee divided
by 4). For the list of revised annual fees, see Notice, supra note
3.
    \15\ NYSE Arca represented that the retroactive fees would not
affect the Derivative Securities Products currently listed on the
Exchange. The Investment Company Units of one issuer with two
separate trusts was a transfer from another national securities
exchange and not subject to a listing fee in accordance with
Commentary .04 to the Exchange's Fee Schedule (which will cease to
have effect on December 31, 2007). An additional issuer, which
listed a series of Investment Company Units on the Exchange on March
28, 2007, would incur $5,000 under the proposed fee schedule, rather
than the current $20,000 initial listing fee and, thus, benefit from
this proposal.
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    The Commission believes the Fee Schedule overall is consistent with
the Act. The Commission notes that the proposed annual and listing fees
are identical to the fee schedule for Closed-End Funds and Derivative
Securities Products of the New York Stock Exchange LLC (``NYSE'') as
set forth in Sections 902.04 and 902.07 of the NYSE Listed Company
Manual. The Commission notes that applying sections of the amended Fee
Schedule, effective as of January 1, 2007, will enable the Exchange to
apply its Fee Schedule uniformly to all affected issuers listed on the
Exchange, including those listed in the first quarter of 2007, who may
benefit from cost savings resulting from the revised Fee Schedule.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\16\ that the proposed rule change, as amended, (SR-NYSEArca-2007-
22) is hereby approved.
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    \16\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-12017 Filed 6-20-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 77, Number 165 (Friday, August 24, 2012)]
[Rules and Regulations]
[Pages 51471-51473]
[FR Doc No: 2012-20830]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0137]
RIN 1625-AA00

Safety Zone; Swim Around Charleston, Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary moving safety zone
during the Swim Around Charleston, a swimming race occurring on waters
of the Wando River, the Cooper River, Charleston Harbor, and the Ashley
River, in Charleston, South Carolina. The Swim Around Charleston is
scheduled to take place on Sunday, September 23, 2012. The temporary
safety zone is necessary for the safety of the swimmers, participant
vessels, spectators, and the general public during the event. Persons
and vessels are prohibited from entering, transiting through, anchoring
in, or remaining within the safety zone unless authorized by the
Captain of the Port Charleston or a designated representative.

DATES: This rule is effective from 7 a.m. until 2 p.m. on September 23,
2012.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-0137. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade John R. Santorum, Sector
Charleston Office of Waterways Management, Coast Guard; telephone 843-
740-3184, email<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On March, 13 2012, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone; Swim Around Charleston, Charleston, SC in
the Federal Register (77 FR 14700). We received no comments on the
proposed rule. No public meeting was requested, and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. This event will occur before 30
days have elapsed after the publication of the rule in the Federal
Register. Insufficient time was available to provide both a period for
meaningful comment and also a 30 day period after publication for the
effective date of this temporary final rule.

B. Basis and Purpose

    (a) The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
    (b) The purpose of the rule is to ensure the safety of the
swimmers, participant vessels, spectators, and the general public
during the Swim Around Charleston.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard did not receive any comments to the proposed rule,
and no changes were made to the regulatory text.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The office of Management and
Budget has not reviewed it under those

Orders. The economic impact of this rule is not significant for the
following reasons: (1) The safety zone will only be enforced for a
total of seven hours; (2) the safety zone will move with the
participant vessels so that once the swimmers clear a portion of the
waterway, the safety zone will no longer be enforced in that portion of
the waterway; (3) although persons and vessels may not enter, transit
through, anchor in, or remain within the safety zone without
authorization from the Captain of the Port Charleston or a designated
representative, they may operate in the surrounding area during the
enforcement period; (4) persons and vessels may still enter, transit
through, anchor in, or remain within the safety zone if authorized by
the Captain of the Port Charleston or a designated representative; and
(5) the Coast Guard will provide advance notification of the safety
zone to the local maritime community by Local Notice to Mariners and
Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    (1) This rule would affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
transit or anchor in a portion of the Wando River, the Cooper River,
Charleston Harbor, or the Ashley River in Charleston, South Carolina
from 7 a.m. until 2 p.m. on September 23, 2012.
    (2) For the reasons discussed in the Regulatory Planning and Review
section above, this rule will not have a significant economic impact on
a substantial number of small entities.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a temporary moving safety zone on
waters of the Wando River, the Cooper River, Charleston Harbor, and the
Ashley River, in Charleston, South Carolina during the Swim Around
Charleston event on Sunday, September 23, 2012. Persons and vessels are
prohibited from

entering, transiting through, anchoring in, or remaining within the
safety zone unless authorized by the Captain of the Port Charleston or
a designated representative. This rule is categorically excluded from
further review under paragraph (34)(g) of Figure 2-1 of the Commandant
Instruction. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.

List of Subjects in 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 amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.

0
2. Add a temporary Sec.  165.T07-0137 to read as follows:

Sec.  165.T07-0137  Safety Zone; Swim Around Charleston, Charleston,
SC.

    (a) Regulated Area. The following regulated area is a moving safety
zone: All waters within a 75-yard radius around Swim Around Charleston
participant vessels that are officially associated with the swim. The
Swim Around Charleston swimming race consists of a 10-mile course that
starts at Remley's Point on the Wando River in approximate position
32[deg]48[min]49[sec] N, 79[deg]54[min]27[sec] W, crosses the main
shipping channel of Charleston Harbor, and finishes at the General
William B. Westmoreland Bridge on the Ashley River in approximate
position 32[deg]50[min]14[sec] N, 80[deg]01[min]23[sec] W. All
coordinates are North American Datum 1983.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Charleston in the enforcement of the regulated
area.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port Charleston
or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Charleston by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated area is granted by the Captain of the Port Charleston or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Charleston or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
    (d) Effective Date. This rule is effective from 7 a.m. until 2 p.m.
on September 23, 2012.

    Dated: August 11, 2012.
M.F. White,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2012-20830 Filed 8-23-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: January 18, 2011 (Volume 76, Number 11)]
[Notices]
[Page 2894-2895]
[DOCID:fr18ja11-45]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings No. 2

January 7, 2011.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:
    Docket Numbers: RP10-766-002.
    Applicants: Horizon Pipeline Company, L.L.C.
    Description: Horizon Pipeline Company, L.L.C. submits tariff filing
per 154.203: Baseline Filing--Volume No. 2 to be effective 1/6/2011.
    Filed Date: 1/6/2011.
    Accession Number: 20110106-5040.

    Comment Date: 5 p.m. Eastern Time on Tuesday, January 18, 2011.

    Docket Numbers: RP10-923-001.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Gulf South Pipeline Company, LP submits tariff filing
per 154.203: Compliance Filing to be effective 7/1/2010.
    Filed Date: 1/7/2011.
    Accession Number: 20110107-5049.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 19, 2011.

    Docket Numbers: CP09-54-006.
    Applicants: Ruby Pipeline, L.L.C.
    Description: Petition to Amend Order of Ruby Pipeline, L.L.C.
    Filed Date: 12/16/2010.
    Accession Number: 20101216-5180.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 18, 2011.

    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing 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. Such protests
must be filed on or before 5 p.m. Eastern time on the specified comment
date. Anyone filing a protest must serve a copy of that document on all
the parties to the proceeding.
    The Commission encourages electronic submission of protests 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 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>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-848 Filed 1-14-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 60 (Wednesday, March 29, 2023)]
[Notices]
[Pages 18568-18569]
[FR Doc No: 2023-06473]

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DEPARTMENT OF HOMELAND SECURITY

 Coast Guard

[Docket No. USCG-2023-0244]

Recertification of Prince William Sound Regional Citizens'
Advisory Council

AGENCY: Coast Guard, DHS.

ACTION: Notice of recertification.

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

SUMMARY: The Coast Guard announces the recertification of the Prince
William Sound Regional Citizens' Advisory Council (PWSRCAC) as an
alternative voluntary advisory group for Prince William Sound, Alaska.
This certification allows the PWSRCAC to monitor the activities of
terminal facilities and crude oil tankers under an alternative
composition, other than prescribed, the Prince William Sound Program
established by the Oil Terminal and Oil Tanker Environmental Oversight
and Monitoring Act of 1990.

DATES: This recertification is effective for the period from March 1,
2023 through February 29, 2024.

FOR FURTHER INFORMATION CONTACT: For information about this document,
call or

email LT Ben Bauman, Seventeenth Coast Guard District (dpi), by phone
at<PHONE_NUMBER> or email at [email protected].

SUPPLEMENTARY INFORMATION:

Background and Purpose

    The Coast Guard published guidelines on December 31, 1992 (57 FR
62600), to assist groups seeking recertification under the Oil Terminal
and Oil Tanker Environmental Oversight and Monitoring Act of 1990 (33
U.S.C. 2732) (the Act). The Coast Guard issued a policy statement on
July 7, 1993 (58 FR 36504), to clarify the factors that the Coast Guard
would be considering in making its determination as to whether advisory
groups should be certified in accordance with the Act, and the
procedures which the Coast Guard would follow in meeting its
certification responsibilities under the Act. Most recently, on
September 16, 2002 (67 FR 58440), the Coast Guard changed its policy on
recertification procedures for regional citizen's advisory council by
requiring applicants to provide comprehensive information every three
years. For each of the two years between the triennial application
procedures, applicants submit a letter requesting recertification that
includes a description of any substantive changes to the information
provided at the previous triennial recertification. Further, public
comment is only solicited during the triennial comprehensive review.
    The Alyeska Pipeline Service Company pays the PWSRCAC $3.7 million
annually in the form of a long-term contract. In return for this
funding, the PWSRCAC must annually show that it ``fosters the goals and
purposes'' of OPA 90 and is ``broadly representative of the communities
and interests in the vicinity of the terminal facilities and Prince
William Sound.'' The PWSRCAC is an independent, nonprofit organization
founded in 1989. Though it receives federal oversight like many
independent, nonprofit organizations, it is not a federal agency. The
PWSRCAC is a local organization that predates the passage of OPA 90.
The existence of the PWSRCAC was specifically recognized in OPA 90
where it is defined as an ``alternative voluntary advisory group.''
Alyeska Pipeline Service Company funds the PWSRCAC, and the Coast Guard
ensures the PWSRCAC operates in a fashion that is broadly consistent
with OPA 90.

Discussion of Comments

    On December 22, 2022, the Coast Guard published a Notice; Request
for comments titled ``Application for Recertification of Prince William
Sound Regional Citizens' Advisory Council'' in the Federal Register (87
FR 78701). We received 76 comments, all in support of the PWSRCAC
recertification. No public meeting was requested. The comments
consistently cited PWSRCAC's collaborative partnerships in furthering
the respective communities' interest to promote safety, to maintain
effective prevention and response efforts regarding oil pollution, and
to protect the sensitive marine environment along Alaska's coastline.

Recertification

    By letter dated February 25, 2023, the Commander, Seventeenth Coast
Guard District, certified that the PWSRCAC qualifies as an alternative
voluntary advisory group under 33 U.S.C. 2732(o). This recertification
terminates on February 29, 2024.

    Dated: March 6, 2023.
Nathan A. Moore,
Rear Admiral, U.S. Coast Guard, Commander, Seventeenth Coast Guard
District.
[FR Doc. 2023-06473 Filed 3-28-23; 8:45 am]
BILLING CODE 9110-04-P


PAGE INTENTIONALLY LEFT BLANK William C. Herz Director of Scientific Programs M E M O R A N D U M TO: Product Testing Recipient FROM: William C. Herz, Director, Scientific Programs SUBJECT: Potassium Magnesium Sulfate Product Testing Dossier DATE: March 15, 2003 It is with great pleasure that The Fertilizer Institute ( TFI) announces the completion and distribution of the final product testing dossier for Potassium Magnesium Sulfate ( CAS # 14168 73 1).

As you are aware, TFI sponsored this four   year program to develop and summarize screeninglevel hazard information for high production volume ( HPV) chemicals. The data elements generated represent a broad overview of human health and ecological parameters. These include a physical  chemical characterization, environmental fate, mammalian toxicity and ecotoxicity. A health and environmental safety data summary dossier was prepared for each of the 23 materials. It summarizes the available literature data, new testing data, category description and read across data as well as provides a conclusion regarding the inherent hazards of the material.

Upon receipt of this data a 90 calendar day regulatory trigger starts within which you must update your material safety data sheets ( MS DS). Upon first product shipment you must also notify your distributors and employers once the MS DS has been updated. These regulatory requirements are detailed in 29 CFR 1910.1200( g)( 5) and 29 CFR 1910.1200( g)( 6)( i). The requirements are found in the Occupational Safety and Health Administration " Hazard Communication Standard" ( 29 CFR 1910.1200).

Please note that by receipt of this data; you agree not to distribute or sell this data beyond your own company. PAGE INTENTIONALLY LEFT BLANK HEALTH & ENVIRONMENTAL SAFETY DATA SUMMARY DOCUMENT POTASSIUM MAGNESIUM SULFATE CAS NO. 14168 73 1 Prepared for:

THE FERTILIZER INSTITUTE January 27, 2003 THE WEINBERG GROUP INC. 1220 Nineteenth St, NW, Suite 300 Washington, DC 20036 2400 e mail science@ weinberggroup. com WASHINGTON NEW YORK SAN FRANCISCO BRUSSELS PARIS PAGE INTENTIONALLY LEFT BLANK TABLE OF CONTENTS Page EXECUTIVE OVERVIEW................................................................................................... 1 SIDS DATA PROFILE.......................................................................................................... 7 SIDS DATA SUMMARY..................................................................................................... 8 1. GENERAL INFORMATION.................................................................................... 10 2. PHYSICAL CHEMICAL DATA.............................................................................. 13 3. ENVIRONMENTAL FATE AND PATHWAYS..................................................... 15 4. ECOTOXICITY......................................................................................................... 16 5. TOXICITY................................................................................................................. 18 6. REFERENCES .......................................................................................................... 20 APPENDICES Appendix A SIDS Data Availability Summary Appendix B SIDS Data Summaries for the Salt Compounds Category: Calcium Sulfate, Potassium Chloride, Potassium Magnesium Sulfate, Potassium Sulfate, Potassium Nitrate, and Potassium Sodium Nitrate ACRONYMS AND ABBREVIATIONS BCF Bioconcentration Factor bw Body Weight DAP Diammonium Phosphate DOT Department of Transportation FDA U. S. Food and Drug Administration g/ L Grams per Liter GLP Good Laboratory Practices GTSP Granular Triple Super Phosphate g/ mL Grams per Milliliter HSDB Hazardous Substance Data Bank IPCS International Programme for Chemical Safety KNO3 Potassium Nitrate Koc Organic Carbon Partition Coefficient Kow Octanol/ Water Partition Coefficient LC50 Median Lethal Concentration LD50 Median Lethal Dose LOAEL Lowest Observable Adverse Effect Level LOEC Lowest Observable Effect Concentration LOEL Lowest Observable Effect Level M Molar MAP Monoammonium Phosphate mg/ kg Milligrams per Kilogram mg/ kg/ day Milligrams per Kilogram per Day mg/ L Milligrams per Liter MHb Methyl Hemoglobin mm Hg Millimeters of Mercury mmol/ L Millimoles per Liter NaNo3 Sodium Nitrate NFPA National Fire Prevention Association ( NH4) 2NO3 Ammonium Nitrate NIOSH National Institute for Occupational Safety and Health NO3 Nitrate NOAEL No Observable Adverse Effect Level NOEC No Observable Effect Concentration NOEL No Observable Effect Level OECD Organisation for Economic Co operation and Development Pa Pascal ppm Parts per Million SCAS Semi Continuous Activated Sludge SIDS Screening Information Data Set SSP Single Super Phosphate TLm Median Toxicity Level TLV Threshold Limit Value TFI The Fertilizer Institute UAN Urea Ammonia Nitrogen 1 Potassium Magnesium Sulfate CAS # 14168 73 1 EXECUTIVE OVERVIEW I. Introduction The Fertilizer Institute, on behalf of its member companies, initiated a Product Testing Project to collect, review, summarize, and where necessary develop additional health and environmental safety data for 23 of its high production volume inorganic fertilizer materials. These data and summaries provide valuable information that can be used to update Material Safety Data Sheets, answer customers' questions, and support product stewardship efforts. The chemical industry is also participating in a voluntary program of comparable scope for high production volume organic chemicals. 1 The 23 fertilizer materials were divided into five categories ( i. e., ammonia compounds, nitrate compounds, phosphate compounds, salts and acids) based on their primary constituents as shown in Table 1. The use of categories is a recognized and accepted method that allows health and environmental safety data from one chemical in the category to be used to represent one or more other related chemicals in the category ( USEPA 1999). The key is to find similar, or at least predictable, patterns and trends among the chemicals in a category. In this way, data can be pooled, resources are optimized, and fewer animals are used in testing, all without losing the ability to evaluate the hazards and safety of the individual chemicals. Note that some of the materials fall into more than one category ( e. g., diammonium phosphate [ DAP] is in both the phosphate and ammonia categories).

Searches were conducted using on line databases, standard scientific data compendia, and other published sources for toxicity, ecotoxicity, environmental fate, and physicalchemical properties. The collected data were reviewed for quality and acceptability and then summarized according to the Organization for Economic Cooperation and Development ( OECD) Screening Information Data Set ( SIDS) dossier format ( OECD 1977). The OECD countries ( including the United States) have agreed on a set of tests and on types of data that are generally necessary to characterize the chemical behavior and potential hazards of chemicals released into the environment. The OECD SIDS dossier was chosen as a standard format for the TFI Product Testing Project in order that it would be scientifically defensible, broadly applicable and easily understandable to a wide range of stakeholders.

The following sections of this Executive Overview provide: the rationale for development of the Salts Compounds category ( Section II); a synopsis of the available data related to the physical chemical properties, environmental fate, ecotoxicity and toxicity of salts ( Section III); and a conclusion regarding the adequacy of the data to sufficiently characterize the category and the need for additional testing ( Section IV).

The data for potassium chloride are summarized in the Chemical Profile and Data Summary tables. Because the evaluation of data adequacy relies on a category approach, the Data Summary table references Appendix B when data are available for one or more 1 HPV Chemical Challenge Program; USEPA 1999 ( http:// www. epa. gov/ opptintr/ chemrtk/ volchall. htm) 2 Potassium Magnesium Sulfate CAS # 14168 73 1 of the other materials in the category for those data elements where no data specific to potassium magnesium sulfate are available. Appendix B provides a summary of the data for all of the salts compounds in the category. The individual studies for potassium magnesium sulfate itself are presented in subsequent pages of this document. Separate data summary documents are available for each of the salts compounds in the category.

II. Rationale for the Salts Compounds Category The salts compounds category for fertilizer materials includes calcium sulfate, potassium chloride, potassium magnesium sulfate, potassium sulfate, potassium nitrate, and potassium sodium nitrate. Salts are grouped together primarily because of their similar chemical composition and physical chemical properties, including their propensity to dissociate in aquatic systems. The compounds have similar and generally predictable patterns of behavior in the environment as well as toxicological properties. The toxicity of salts can vary dependent on the toxicity of the individual cations and anions, although the available data indicate that salts as a group are not particularly toxic.

III. Summary of Data Available for the Salts Compounds Category Detailed data summaries for potassium magnesium sulfate are included in subsequent sections of this Health and Environmental Safety Data Summary Document for Potassium Magnesium Sulfate. These data are briefly summarized here.

Physical Chemical Data Sufficient coverage of physical chemical properties exists across the category, with the exception of vapor pressure and Kow. However, these data are less critical for understanding the behavior of inorganic salts. Melting points are high, ranging from 334 to over 1400 º C. Densities are in the range of about 2 3 g/ mL. Inorganic salts are generally highly soluble in water, with values ranging from 2 to 357 g/ L at 20 25oC. In addition, these compounds dissociate and exist at around neutral pHs in aqueous solutions.

Environmental Fate and Pathway Specific environmental fate and transport studies are rarely conducted for these specific compounds. This is because salts are well known to dissociate in the environment. The sulfur and nitrogen cycles are well understood, and the available data for calcium sulfate and potassium nitrate support this understanding. Similarly, the fate and behavior of the cations ( potassium, magnesium, calcium, sodium) are equally understood. These chemicals are neither bioaccumulative nor persistent in the environment.

Ecotoxicity Substantial data are available to describe the acute toxicity of these salts to fish, Daphnia, and aquatic plants. Data from the literature indicate LC50 values ranging from about 680 3 Potassium Magnesium Sulfate CAS # 14168 73 1 to over 3,500 mg/ L for fish, 337 to over 1,970 mg/ L for Daphnia, and about 1,300 to 3,200 mg/ L for algae. Additional, acute fish studies were conducted using OECD protocols under Good Laboratory Practice ( GLP) conditions on the two combinations of salts ( potassium magnesium sulfate and potassium sodium nitrate). Results of these two studies demonstrated no observable toxic effects at the highest concentrations tested. Based on the standard Federal Insecticide Fungicide and Rodenticide Act ( FIFRA) acute toxicity ratings for fish and Daphnia ( below), the compounds in this category are considered practically non toxic.

EC/ LC50 ( mg/ L) Toxicity Description < 0.1 Very Highly Toxic 0.1 1 Highly Toxic 1 10 Moderately Toxic 10 100 Slightly Toxic > 100 Practically Non Toxic Mammalian Toxicity Acute toxicity Acute oral toxicity has been well studied in the discrete compounds of the category. The data indicate an absence of acute toxicity, with literature LD50 values ranging from about 1,500 to over 6,600 mg/ kg bw. The lack of significant acute toxicity was confirmed in studies conducted on the two salt combinations ( potassium magnesium sulfate and potassium sodium nitrate), which were tested via the oral exposure route, and potassium nitrate, which was tested via dermal exposure. Results of these studies indicate no toxicity at the highest doses tested ( 2,000 and 5,000 mg/ kg bw for the oral and dermal routes, respectively). Similarly, the limited dermal irritation data indicate an absence of skin irritation and toxicity. Inhalation data are not available, but this is not expected to be a significant exposure route for inorganic salts. Based on the standard FIFRA acute toxicity ratings for mammals ( below), the compounds in this category are considered to be of low to very low toxicity ( 40 CFR 156.62).

Toxicity Category I II III IV Toxicity Rating High Moderate Low Very Low Oral LD50   50 mg/ kg > 50 500 mg/ kg > 500 5000 mg/ kg > 5000 mg/ kg Dermal LC50   200 mg/ kg > 200 2000 mg/ kg > 2000 20,000 mg/ kg > 20,000 mg/ kg Inhalation LC50   0.2 mg/ L > 0.2 2 mg/ L > 2 20 mg/ L > 20 mg/ L 4 Potassium Magnesium Sulfate CAS # 14168 73 1 Genotoxicity Some genotoxicity data were available in the literature, with potassium chloride showing some small effects in older studies and potassium nitrate testing negative. To better define the potential for mutagenicity of salts in the category, additional bacterial ( Ames test) and non bacterial ( chromosome aberration) in vitro genetic toxicity tests were conducted on potassium sulfate and calcium sulfate under GLP conditions. For both compounds, results were negative for mutagenicity in the Ames test and chromosome aberration test.

Repeated dose and developmental toxicity Data from the literature indicate that potassium nitrate was tested for mammalian reproductive, developmental, and teratogenic toxicity. Minimal effects were observed at relatively high doses. Furthermore, no teratogenic effects were observed in chick eggs injected with potassium sulfate in a non standard study. Additional long term studies were conducted on two salts compounds because the repeated dose and reproductive data are sparse for the category, and because of the effects noted at high doses in the potassium nitrate literature data. The OECD Guideline 422 combined study, which provides data on repeated dose, reproductive, and developmental endpoints, was conducted under GLP conditions on potassium nitrate and potassium sulfate. Male and female rats were given oral exposures of up to 1,500 mg/ kg/ day by gavage for up to 53 days. No adverse effects were observed on any of the general toxicity or reproductive/ developmental endpoints for either potassium nitrate or potassium sulfate. The resulting NOAELs for both studies, therefore, are 1,500 mg/ kg/ day.

IV. Conclusion for the Salts Compounds Category Substantial data are available for the critical acute aquatic and mammalian toxicity endpoints for the salts category. Additional studies were conducted on calcium sulfate, potassium magnesium sulfate, potassium sulfate, potassium nitrate, and potassium sodium nitrate in order to complete the database for key endpoints. Overall, the data indicate that these compounds are practically non toxic to aquatic organisms and of low to very low toxicity to mammals. Additional testing is not considered necessary to characterize the hazards of these chemicals. 5 Potassium Magnesium Sulfate CAS # 14168 73 1 TABLE 1: CATEGORIES FOR PRODUCT TESTING PROJECT CATEGORY COMPOUND CAS NUMBER Ammonia Compounds Anhydrous ammonia Aqua ammonia Ammonium nitrate Ammonium sulfate Ammonium thiosulfate Nitrogen solutions ( UAN) Ammonium phosphate sulfate Diammonium phosphate ( DAP) Monoammonium phosphate ( MAP) Urea 7664 41 7 1336 21 6 6484 52 2 7783 20 2 7783 18 8 15978 77 5 12593 60 1 7783 28 0 7722 76 1 57 13 6 Nitrate Compounds Sodium nitrate Ammonium nitrate Potassium nitrate Potassium sodium nitrate Nitrogen solutions ( UAN) 7631 99 4 6484 52 2 7757 79 1 7757 79 1/ 7631 99 4 15978 77 5 Phosphate Compounds Diammonium phosphate ( DAP) Monoammonium phosphate ( MAP) Liquid polyphosphate Single superphosphate** Granular triple superphosphate** 7783 28 0 7722 76 1  8011 76 5 65996 95 4 Salts Potassium chloride Potassium magnesium sulfate Potassium nitrate Potassium sodium nitrate Potassium sulfate Calcium sulfate 7447 40 7 14168 73 1 7757 79 1 7757 79 1/ 7631 99 4 7778 80 5 7778 18 9 Acids Phosphoric acid Nitric acid Sulfuric acid 7664 38 2 7697 37 2 7664 93 9 * = Nitrogen solutions are represented largely by Urea Ammonia Nitrogen ( UAN; 15978 77 5) ** = Single superphosphate and granular triple superphosphate are combined into a single dossier.  = No CAS number readily available 6 Potassium Magnesium Sulfate CAS # 14168 73 1 V. REFERENCES CITED 40 CFR 156.62. Toxicity Category.

OECD. 1997. SIDS Manual. OECD Secretariat, 3rd Revision, July 1997.

USEPA. 1999. Development of Chemical Categories in the HPV Challenge Program. www. epa. gove/ chemrtk/ catdoc29. pdf. 7 Potassium Magnesium Sulfate CAS # 14168 73 1 SIDS DATA PROFILE Date: January 27, 2003 1.01 A. CAS No. 14168 73 1 1.01 C. CHEMICAL NAME ( OECD NAME) Potassium Magnesium Sulfate 1.01 D CAS DESCRIPTOR Potassium Magnesium Sulfate 1.01 G STRUCTURAL FORMULA K2MgSO4 OTHER CHEMICAL IDENTITY INFORMATION Not applicable 1.5 QUANTITY Not identified 1.7 USE PATTERN Potassium magnesium sulfate is used exclusively as a fertilizer, primarily for high value crops where all three nutrients are required. 1.9 SOURCES AND LEVELS OF EXPOSURE Low human exposure is expected because potassium magnesium sulfate is manufactured in closed systems. Exposure to dusts and direct contact with the material is possible during fertilizer applications. ISSUES FOR DISCUSSION The data for potassium magnesium sulfate should be evaluated in combination with the other materials in the salts category, especially potassium sulfate. 8 Potassium Magnesium Sulfate CAS # 14168 73 1 SIDS DATA SUMMARY Date: January 27, 2003 POTASSIUM MAGNESIUM SULFATE ( CAS NO. 14168 73 1) SPECIES PROTOCOL RESULTS PHYSICAL CHEMICAL DATA 2.1 Melting Point 972 ° C 2.2 Boiling Point See Appendix B results* 2.3 Density See Appendix B results* 2.4 Vapor Pressure No data available 2.5 Octanol/ Water Partition Coefficient No data available 2.6A Water Solubility 24.4% at 25oC 2.6B pH value 7.04 in 5% solution 2.7 Flash Point Not applicable 2.8 Auto Flammability See Appendix B results* 2.9 Flammability See Appendix B results* 2.10 Explosive Properties See Appendix B results* 2.11 Oxidizing Properties See Appendix B results* 2.12 Oxidation: Reduction Potential See Appendix B results* ENVIRONMENTAL FATE and PATHWAY 3.1.1 Photodegradation See Appendix B results* 3.1.2 Stability in Water See Appendix B results* 3.1.3 Stability in Soil See Appendix B results* 3.3.2 Distribution See Appendix B results* 3.5 Biodegradation See Appendix B results* 3.7 Bioaccumulation See Appendix B results* ECOTOXICITY 4.1 Acute Toxicity to Fish Oncorhynchus mykiss 96 hrs LC50 > 63.6 mg/ L 4.2 Acute Toxicity to Aquatic Invertebrates See Appendix B results* 4.3 Toxicity to Aquatic Plants ( Algae) See Appendix B results* 4.4 Toxicity to Bacteria See Appendix B results* 4.5.1 Chronic Toxicity to Fish See Appendix B results* 4.5.2 Chronic Toxicity to Aquatic Invertebrates See Appendix B results* 4.6.2 Toxicity to Terrestrial Plants See Appendix B results* 4.6.3 Toxicity to Other Non Mammalian Terrestrial Species See Appendix B results*

* See Appendix B results for data on other chemicals in the salts category. 9 Potassium Magnesium Sulfate CAS # 14168 73 1 POTASSIUM MAGNESIUM SULFATE ( CAS NO. 14168 73 1) SPECIES PROTOCOL RESULTS TOXICITY 5.1.1 Acute Oral Toxicity Rat OECD 425 LD50 > 2,000 mg/ kg bw 5.1.2 Acute Inhalation Toxicity No data available 5.1.3 Acute Dermal Toxicity No data available 5.1.4 Acute Toxicity, Other Routes See Appendix B results* 5.2.1 Skin Irritation/ Corrosion See Appendix B results* 5.2.2 Eye Irritation/ Corrosion See Appendix B results* 5.3 Skin Sensitization See Appendix B results* 5.4 Repeated Dose Toxicity See Appendix B results* 5.5 Genetic Toxicity in vitro See Appendix B results* 5.6 Genetic Toxicity in vivo See Appendix B results* 5.7 Carcinogenicity See Appendix B results* 5.8 Toxicity to Reproduction See Appendix B results* 5.9 Developmental Toxicity/ Teratogenicity See Appendix B results* 5.10 Additional Information See Appendix B results* 5.11 Human Experience See Appendix B results* 1.8 Occupational Exposure Limits TLV for inert dust 15 mg/ m3 * See Appendix B results for data on other chemicals in the salts category. 10 Potassium Magnesium Sulfate CAS # 14168 73 1 1. GENERAL INFORMATION 1.01 SUBSTANCE INFORMATION A. CAS number 14168 73 1 B. Name ( IUPAC name) Potassium Magnesium Sulfate C. Name ( OECD name) Potassium Magnesium Sulfate D. CAS Descriptor Not applicable E. EINECS Number Unknown F. Molecular Formula K2MgSO4 G. Structural Formula K2MgSO4 KOS(= 0)(= 0) OKMg H. Substance Group Not applicable I. Substance Remark Its nutrient composition is: Potassium: 18% Magnesium: 11% Sulfur: 22%

J. Molecular Weight 415 1.02 OECD INFORMATION A. Sponsor Country Not applicable ( would be U. S.)

B. Lead Organization Name of Lead Organization: Not applicable ( would be U. S.)

C. Name of Responder Name: Mr. William C. Herz, Director of Scientific Programs Address/ Phones: The Fertilizer Institute Union Center Plaza 820 First Street, NE, Suite 430 Washington, DC 20002 USA Tel: ( 202) 962 0490 Fax: ( 202) 962 0577 11 Potassium Magnesium Sulfate CAS # 14168 73 1 1.1 GENERAL SUBSTANCE INFORMATION A. Type of Substance element [ ]; inorganic [ X]; natural substance [ ]; organic [ ]; organometallic [ ]; petroleum product [ ]

B. Physical State ( at 20 ° C and 1.013 hPa)

gaseous [ ]; liquid [ ]; solid [ X]

1.2 SYNONYMS Remarks: K Mag Sulfate of Potash Magnesia Double Sulfate of Potassium/ Magnesium 1.3 IMPURITIES Remarks: None identified.

1.4 ADDITIVES Remarks: None identified.

1.5 QUANTITY Remarks: Not identified.

1.6 LABELING AND CLASSIFICATION Remarks: No specific labeling.

1.7 USE PATTERN A. General Type of Use: Category:

( a) main Wide dispersive use industrial Agricultural industry use Fertilizer 12 Potassium Magnesium Sulfate CAS # 14168 73 1 Remarks: Potassium magnesium sulfate is used mainly for high value crops, where all three of the nutrients are required. Reference: 1) The Fertilizer Institute 2) Potassium in Agriculture website. www. potashinfo com/ potassium/ potassiuminfertilizers/ potassiuminfe rtilizers. htm.

B. Uses in Consumer Products Remarks: No use in consumer products 1.8 OCCUPATIONAL EXPOSURE LIMIT VALUE Exposure limit value Type: OSHA PEL Value: 15 mg/ m3 total dust; 5 mg/ m3 respirable fraction. Remark: No specific limit has been set, however, the federal OSHA PEL for particulates not otherwise regulated applies to all fertilizer dusts. Regulated limits may vary in local jurisdictions.

1.9 SOURCES OF EXPOSURE Remarks: Potassium magnesium sulfate can be absorbed into the body by inhalation of its aerosol and by ingestion, although significant human and environmental exposures during manufacture are unlikely if the process is well managed. Engineering controls such as mechanical ventilation, process or personnel enclosure, control of process conditions, and process modifications significantly reduce exposure. Local exhaust ( ventilation) control as close to the point of generation is both the most economical and safest method to minimize personnel exposure to airborne concentrations. Personal protective equipment includes neoprene or nitrile gloves, dusk masks or fume hoods as appropriate, chemical safety goggles, and impervious apron, sleeves and boots. Field exposure to workers is possible when handling and using on farms as a fertilizer. However, fertilizers are applied by mechanical spreaders, which reduces contact exposure. Environmental releases are controlled at the manufacturing plant. Gaseous emissions are low due to use of scrubbers and liquid effluent is recovered as much as possible. Exposure to environmental receptors is dependent on the amount used as fertilizer on fields, the 13 Potassium Magnesium Sulfate CAS # 14168 73 1 climatic conditions, and the hydrological conditions of the area of application. References: IMC. 2000. Material Safety Data Sheet: K Mag. MSDS # IGL 006, September 26, 2000.

1.10 ADDITIONAL REMARKS A. Options for disposal Remarks: Potassium magnesium sulfate must be disposed of in accordance with federal, state and local environmental control regulations. References: IMC. 2000. Material Safety Data Sheet: K Mag. MSDS # IGL 006, September 26, 2000.

2. PHYSICAL CHEMICAL DATA 2.1 MELTING POINT Remarks: 972oC Reference: IMC. 2000. Material Safety Data Sheet: K Mag. MSDS # 1GL 006. September 26, 2000.

2.2 BOILING POINT Remarks: No data available.

2.3 DENSITY ( Relative Density)

Remarks: No data available.

2.4 VAPOUR PRESSURE Remarks: No data available.

2.5 PARTITION COEFFICIENT logPow Remarks: No data available. 14 Potassium Magnesium Sulfate CAS # 14168 73 1 2.6 WATER SOLUBILITY A. Solubility Remarks: Approximately 24.4% @ 25oC; while it is 99.7% water soluble, the rate of solubility is too slow for application in fertilization systems. References: 1) IMC. 2000. Material Safety Data Sheet: K Mag. MSDS # 1GL 006. September 26, 2000. 2) Potassium in Agriculture website. www. potashinfo com/ potassium/ potassiuminfertilizers/ potassiuminfe rtilizers. htm.

B. pH Value, pKa Value Remarks: 7.04 in a 5% solution. References: IMC. 2000. Material Safety Data Sheet: K Mag. MSDS # 1GL 006. September 26, 2000.

2.7 FLASH POINT ( liquids)

Remarks: Not applicable.

2.8 AUTO FLAMMABILITY ( solid/ gases)

Remarks: No data available.

2.9 FLAMMABILITY Remarks: No data available.

2.10 EXPLOSIVE PROPERTIES Remarks: No data available.

2.11 OXIDIZING PROPERTIES Remarks: No data available.

2.12 OXIDATION: REDUCTION POTENTIAL Remarks: No data available. 15 Potassium Magnesium Sulfate CAS # 14168 73 1 3. ENVIRONMENTAL FATE AND PATHWAYS 3.1 STABILITY 3.1.1 PHOTODEGRADATION Remarks: No data available.

3.1.2 STABILITY IN WATER Remarks: No data available.

3.1.3 STABILITY IN SOIL Remarks: No data available.

3.2 MONITORING DATA ( ENVIRONMENTAL)

Remarks: No data available.

3.3 TRANSPORT AND DISTRIBUTION BETWEEN ENVIRONMENTAL COMPARTMENTS INCLUDING ESTIMATED ENVIRONMENTAL CONCENTRATIONS AND DISTRIBUTION PATHWAYS 3.3.1 TRANSPORT Remarks: No data available.

3.3.2 THEORETICAL DISTRIBUTION ( FUGACITY CALCULATION)

Remarks: No data available.

3.4 IDENTIFICATION OF MAIN MODE OF DEGRADABILITY IN ACTUAL USE Remarks: No data available.

3.5 BIODEGRADATION Remarks: No data available. 16 Potassium Magnesium Sulfate CAS # 14168 73 1 3.6 BOD5, COD OR RATIO BOD5/ COD Remarks: No data available.

3.7 BIOACCUMULATION Remarks: No data available.

4. ECOTOXICITY 4.1 ACUTE/ PROLONGED TOXICITY TO FISH Type of test: Static [ X ]; Semi static [ ]; Flow through [ ]; Other ( e. g. field test) [ ] Open system [ X ]; Closed system [ ] Species: Oncorhynchus mykiss ( Rainbow trout) Exposure period: 96 hours Results: No mortality or sublethal effects. LC50 ( 96 h) > 63.6 mg/ L ( mean) NOEC = 63.6 mg/ L Analytical monitoring: Yes [ X ]; No [ ]; ? [ ] Method: OECD 203, 1992. GLP: Yes [ X ] No [ ] ? [ ] Test substance: Potassium magnesium sulfate Remarks: No lethal or sublethal effects were observed at the highest concentration tested. Potassium magnesium sulfate concentrations were calculated from total sulfate measurements. The reported LC50 value is the mean of measurements taken at test initiation and completion. However, it should be noted that potassium magnesium sulfate increased in concentration over this time from 25 mg/ L to a final concentration after 96 hours of 102 mg/ L. References: Madsen, T. J. and Bussard, J. B. 2000. Acute toxicity of potassium magnesium sulfate to the rainbow trout, Oncorhynchus mykiss, determined under static test conditions. ABC Lab. Study No. 46205.

4.2 ACUTE TOXICITY TO AQUATIC INVERTEBRATES A. Daphnia Remarks: No data available. 17 Potassium Magnesium Sulfate CAS # 14168 73 1 B. Other aquatic organisms Remarks: No data available.

4.3 TOXICITY TO AQUATIC PLANTS, e. g. algae Remarks: No data available.

4.4 TOXICITY TO BACTERIA Remarks: No data available.

4.5 CHRONIC TOXICITY TO AQUATIC ORGANISMS 4.5.1 CHRONIC TOXICITY TO FISH Remarks: No data available.

4.5.2 CHRONIC TOXICITY TO AQUATIC INVERTEBRATES Remarks: No data available.

4.6 TOXICITY TO TERRESTRIAL ORGANISMS 4.6.1 TOXICITY TO SOIL DWELLING ORGANISMS Remarks: No data available.

4.6.2 TOXICITY TO TERRESTRIAL PLANTS Remarks: No data available.

4.6.3 TOXICITY TO OTHER NON MAMMALIAN TERRESTRIAL SPECIES ( INCLUDING AVIAN)

Remarks: No data available.

4.7 BIOLOGICAL EFFECTS MONITORING ( INCLUDING BIOMAGNIFICATION)

Remarks: No data available. 18 Potassium Magnesium Sulfate CAS # 14168 73 1 4.8 BIOTRANSFORMATION AND KINETICS Remarks: No data available.

5. TOXICITY 5.1 ACUTE TOXICITY 5.1.1 ACUTE ORAL TOXICITY Type: LD0 [ ]; LD100 [ ]; LD50 [ X ]; LDL0 [ ]; Other [ ] Species/ strain: Sprague Dawley rat, albino Value: > 2,000 mg/ kg bw Method: OECD 425, " Up and Down Protocol" An initial dose of two thousand milligrams of the test substance per kilogram of bodyweight was administered to one healthy female rat by oral gavage. Due to the absence of mortality in this animal a second female received the same dose level. Following the completion of dosing and 100% survival in a total of three females, a group of three males was tested ( simultaneously) at the above dose level. All animals were observed for mortality, signs of gross toxicity, and behavioral changes at least once daily for 14 days after dosing. Bodyweights were recorded prior to administration and again on Days 7 and 14 ( termination) after dosing. Necropsies were performed on all animals at terminal sacrifice. GLP: Yes [ X ] No [ ] ? [ ] Test substance: Potassium magnesium sulfate ( beige granular powder) Remarks: Prior to use, the test substance was ground in a coffee mill and administered by gavage as a 60% w/ w suspension in distilled water ( preliminary solubility testing indicated that suspensions in excess of 60% were too viscous to be administered properly). All animals survived, gained weight and appeared active and healthy throughout the study period. No signs of toxicity were observed. References: Merkel, D. J. 2000. Acute oral toxicity: Up and down procedure in rats limit test. Product Safety Labs study number 9740.

5.1.2 ACUTE INHALATION TOXICITY Remarks: No data available. 19 Potassium Magnesium Sulfate CAS # 14168 73 1 5.1.3 ACUTE DERMAL TOXICITY Remarks: No data available.

5.1.4 ACUTE TOXICITY BY OTHER ROUTES OF ADMINISTRATION Remarks: No data available.

5.2 CORROSIVENESS/ IRRITATION 5.2.1 SKIN IRRITATION/ CORROSION Remarks: No data available.

5.2.2 EYE IRRITATION/ CORROSION Remarks: No data available.

5.3 SKIN SENSITIZATION Remarks: No data available.

5.4 REPEATED DOSE TOXICITY Remarks: No data available.

5.5 GENETIC TOXICITY IN VITRO A. Bacterial Test Remarks: No data available.

B. Non bacterial in vitro test Remarks: No data available.

5.6 GENETIC TOXICITY IN VIVO Remarks: No data available. 20 Potassium Magnesium Sulfate CAS # 14168 73 1 5.7 CARCINOGENICITY Remarks: No data available.

5.8 TOXICITY TO REPRODUCTION Remarks: No data available.

5.9 DEVELOPMENTAL TOXICITY/ TERATOGENICITY Remarks: No data available.

5.11 EXPERIENCE WITH HUMAN EXPOSURE Remarks: No data available.

6. REFERENCES The Fertilizer Institute IMC. 2000. Material Safety Data Sheet: K Mag. MSDS # IGL 006, September 26, 2000.

Madsen, T. J. and Bussard, J. B. 2000. Acute toxicity of potassium magnesium sulfate to the rainbow trout, Oncorhynchus mykiss, determined under static test conditions. ABC Lab. Study No. 46205.

Merkel, D. J. 2000. Acute oral toxicity: Up and down procedure in rats limit test. Product Safety Labs study number 9740.

Potassium in Agriculture website. www. potashinfo com/ potassium/ potassiuminfertilizers/ potassiuminfertilizers. htm. Potassium Magnesium Sulfate CAS # 14168 73 1 APPENDIX A   SIDS Data Availability Summary Potassium Magnesium Sulfate CAS # 14168 73 1 Explanation of Appendix A Appendix A is a SIDS Data Summary table that provides an overview of availability and quality of the data used in this Health and Environmental Safety Data Summary for Potassium Magnesium Sulfate. Y ( Yes) and N ( No) designations indicate whether data are available that meet the criteria for each column. The columns are described as:

Information: Data exist that were useful for describing the data element. These data may be from standard laboratory tests or from generally recognized published sources or professional experience.

OECD Study: The data were developed using standard OECD or essentially similar ( e. g., EPA harmonized protocols) guidelines.

GLP: The data were developed under standard Good Laboratory Practice provisions. These generally represent the highest quality data.

Other Study: Studies were conducted that could not be definitively identified as following OECD or GLP protocols. These studies were included when they were determined to be of adequate quality and provided relevant information to the characterization of the compound.

Estimation Method: In some cases, data may be estimated using established structure activity relationships. These methods are common for physical chemical parameters such as octanolwater partition coefficients and water solubility.

Acceptable: This column indicates whether the data are deemed acceptable by standard acceptability criteria and professional judgment. Only the data meeting adequacy standards are included in this summary document.

SIDS Testing Recommended: This column indicates whether additional testing is recommended based on an evaluation of the available data summarized in this document. It is generally not necessary to fill all of the apparent data gaps in order to adequately characterize the inherent hazard of chemicals. Information from other data elements and from other chemicals in the category, along with professional judgment, are useful in the final determination of the need for further testing. Potassium Magnesium Sulfate CAS # 14168 73 1 SIDS DATA AVAILABILITY SUMMARY DATE: January 27, 2003 Potassium Magnesium Sulfate CAS No. 14168 73 1 Information OECD Study GLP Other Study Estimated Method Acceptable SIDS Testing Recommended STUDY Y/ N Y/ N Y/ N Y/ N Y/ N Y/ N Y/ N PHYSICAL CHEMICAL DATA 2.1 Melting Point Y N N N N Y N 2.2 Boiling Point N N N N N  N 2.3 Density N N N N N  N 2.4 Vapor Pressure N N N N N  N 2.5 Partition Coefficient N N N N N  N 2.6 Water Solubility Y N N N N Y N pH and pKa Values Y N N N N Y N 2.8 Auto Flammability N N N N N  N 2.9 Flammability N N N N N  N 2.10 Explosive Properties N N N N N  N 2.11 Oxidizing Properties N N N N N  N 2.12 Oxidation: Reduction Potential N N N N N  N OTHER P/ C STUDIES RECEIVED N N N N N  N ENVIRONMENTAL FATE and PATHWAY 3.1.1 Photodegradation N N N N Y  N 3.1.2 Stability in Water N N N N N  N 3.2 Monitoring Data N N N N N  N 3.3 Transport and Distribution N N N N N  N 3.5 Biodegradation N N N N N  N OTHER ENV FATE STUDIES RECEIVED N N N N N  N ECOTOXICITY 4.1 Acute Toxicity to Fish Y Y Y N N Y N 4.2 Acute Toxicity to Daphnia N N N N N  N 4.3 Toxicity to Algae N N N N N  N 4.5.1 Chronic Toxicity to Fish N N N N N  N 4.5.2 Chronic Toxicity to Daphnia N N N N N  N 4.6.1 Toxicity to Soil Dwelling Organisms N N N N N  N 4.6.2 Toxicity to Terrestrial Plants N N N N N  N 4.6.3 Toxicity to Birds N N N N N  N OTHER ECOTOXICITY STUDIES RECEIVED N N N N N  N Potassium Magnesium Sulfate CAS # 14168 73 1 Potassium Magnesium Sulfate CAS No. 14168 73 1 Information OECD Study GLP Other Study Estimated Method Acceptable SIDS Testing Recommended STUDY Y/ N Y/ N Y/ N Y/ N Y/ N Y/ N Y/ N TOXICITY 5.1.1 Acute Oral Y Y Y N N Y N 5.1.2 Acute Inhalation N N N N N  N 5.1.3 Acute Dermal N N N N N  N 5.2 Skin and Eye Irritation N N N N N  N 5.3 Skin Sensitization N N N N N  N 5.4 Repeated Dose N N N N N  N 5.5 Genetic Toxicity in vitro . Gene mutation N N N N N  N . Chromosomal aberration N N N N N  N 5.6 Genetic Toxicity in vivo N N N N N  N 5.8 Reproduction Toxicity N N N N N  N 5.9 Development/ Teratogenicity N N N N N  N 5.11 Human Experience Y N N N N  N OTHER TOXICITY STUDIES RECEIVED N N N N N  N Potassium Magnesium Sulfate CAS # 14168 73 1 APPENDIX B   SIDS Data Summaries for the Salt Compounds Category: Calcium Sulfate, Potassium Chloride, Potassium Magnesium Sulfate, Potassium Sulfate, Potassium Nitrate, and Potassium Sodium Nitrate SIDS DATA SUMMARIES FOR THE SALTS CATEGORY Date: January 27, 2003 Potassium Magnesium Sulfate CAS # 14168 73 1 Calcium Sulfate Potassium Chloride Potassium Magnesium Sulfate DATA ELEMENTS SPECIES PROTOCOL RESULTS SPECIES PROTOCOL RESULTS SPECIES PROTOCOL RESULTS PHYSICAL CHEMICAL DATA 2.1 Melting Point 1,450 ° C 771 773 ° C 972 ° C 2.2 Boiling Point Decomposes 1,420 1,500 ° C 2.3 Density 2.31 2.97 g/ mL at 20 25oC 1.98 g/ mL 2.4 Vapor Pressure 2.5 Octanol/ Water Partition Coefficient 2.6A Water Solubility 2 2.5 g/ L at 20oC 347 g/ L at 20 ° C 24.4% at 25oC 2.6B pH and pKa values 2 g/ L pH = 7 About 7 7.04 in 5%

solution 2.7 Flash Point Not applicable Not applicable Not applicable 2.8 Auto Flammability Not flammable Not flammable 2.9 Flammability Not flammable Not flammable 2.10 Explosive Properties Not explosive Not explosive 2.11 Oxidizing Properties Not an oxidizer Not an oxidizer 2.12 Oxidation:

Reduction Potential Not an oxidizer Not an oxidizer SIDS DATA SUMMARIES FOR THE SALTS CATEGORY Date: January 27, 2003 Potassium Magnesium Sulfate CAS # 14168 73 1 Calcium Sulfate Potassium Chloride Potassium Magnesium Sulfate DATA ELEMENTS SPECIES PROTOCOL RESULTS SPECIES PROTOCOL RESULTS SPECIES PROTOCOL RESULTS ENVIRONMENTAL FATE and PATHWAY 3.1.1 Photodegradation 3.1.2 Stability in Water Dissociates in water Ions can persist 3.1.3 Stability in Soil See text Binds to clay particles 3.3.2 Distribution Calculated,

Fugacity Level III 1.1 x 10 7% to air 45% to water 54.9% to soil 0.0755% to sediment Calculated,

Fugacity Level III 1.51 x 10 8% to air 45.2% to water 54.7% to soil 0.0755% to sediment 3.5 Biodegradation 3.7 Bioaccumulation Does not bioaccumulate SIDS DATA SUMMARIES FOR THE SALTS CATEGORY Date: January 27, 2003 Potassium Magnesium Sulfate CAS # 14168 73 1 Calcium Sulfate Potassium Chloride Potassium Magnesium Sulfate DATA ELEMENTS SPECIES PROTOCOL RESULTS SPECIES PROTOCOL RESULTS SPECIES PROTOCOL RESULTS ECOTOXICITY 4.1 Acute toxicity to Fish Pimephales promelas 96 hrs LC50 > 1,970 mg/ L Lepomis macrochirus 96 hrs LC50 = 2,010 mg/ L Oncorhynchus mykiss 96 hrs LC50 > 63.6 mg/ L Lepomis macrochirus 96 hrs LC50 > 2,980 mg/ L Daphnia magna EC50 = 337 825 mg/ L Gambusia affinis 96 hrs LC50 > 56,000 mg/ L Physa heterostropha 96 hrs LC50 = 940 mg/ L 4.2 Acute Toxicity to Aquatic Invertebrates Daphnia magna 48 hrs EC50 = 1,970 mg/ L Scenedesmus subspicatus EC50 = 2,500 mg/ L 4.3 Toxicity to Aquatic Plants ( Algae) Nitzschia linearis 120 hrs TLM = 3,200 mg/ L Nitzschia linearis 120 hrs TLm = 1,337 ppm Chlorella vulgaris 3 4 months NOEC = 600 mg/ L 4.4 Toxicity to Bacteria 4.5.1 Chronic Toxicity to Fish Salmo irideus 28 days NOEC > 3,263 mg/ L 4.5.2 Chronic Toxicity to Aquatic Invertebrates 4.6.1 Toxicity to Soil Dwelling Organisms 4.6.2 Toxicity to Terrestrial Plants 4.6.3 Toxicity to Other Non Mammalian Terrestrial Species SIDS DATA SUMMARIES FOR THE SALTS CATEGORY Date: January 27, 2003 Potassium Magnesium Sulfate CAS # 14168 73 1 Calcium Sulfate Potassium Chloride Potassium Magnesium Sulfate DATA ELEMENTS SPECIES PROTOCOL RESULTS SPECIES PROTOCOL RESULTS SPECIES PROTOCOL RESULTS TOXICITY 5.1.1 Acute Oral Toxicity Rat LD50 > 5,000 mg/ kg bw Rat LD50 = 2,600 mg/ kg bw Rat OECD 425 LD50 > 2,000 mg/ kg bw Mouse LD50 > 4,052

4,226 mg/ kg bw Mouse LD50 = 1,500 mg/ kg bw 5.1.2 Acute Inhalation See text 5.1.3 Acute Dermal Toxicity 5.1.4 Acute Toxicity,

Other Routes 5.2.1 Skin Irritation/

Corrosion May be irritating 5.2.2 Eye Irritation/

Corrosion Not irritating 5.3 Skin Sensitization 5.4 Repeated Dose Hamster Intratracheal;

2 yrs LOAEL = 10 mg/ animal 5.5 Genetic Toxicity in vitro . Gene mutation Salmonella typhimurium OECD 471 Negative Saccharo

myces cerevisiae Mitotic recombination NOAEL = 300 mM . Chromosomal aberration Chinese hamster ovaries Negative Mouse lymphoma cells Marginally positive. See text 5.7 Carcinogenicity 5.8 Toxicity to Reproduction 5.9 Development Toxicity/ Teratogenicity 5.10 Additional Information Not cytotoxic SIDS DATA SUMMARIES FOR THE SALTS CATEGORY Date: January 27, 2003 Potassium Magnesium Sulfate CAS # 14168 73 1 Calcium Sulfate Potassium Chloride Potassium Magnesium Sulfate DATA ELEMENTS SPECIES PROTOCOL RESULTS SPECIES PROTOCOL RESULTS SPECIES PROTOCOL RESULTS 5.11 Human Experience See text See text 1.8 Occupational Exposure Limits TLV as inert dust 15 mg/ m3 TLV as inert dust 15 mg/ m3 TLV for inert dust 15 mg/ m3 SIDS DATA SUMMARIES FOR THE SALTS CATEGORY Date: January 27, 2003 Potassium Magnesium Sulfate CAS # 14168 73 1 Potassium Sulfate Potassium Nitrate Potassium Sodium Nitrate DATA ELEMENTS SPECIES PROTOCOL RESULTS SPECIES PROTOCOL RESULTS SPECIES PROTOCOL RESULTS PHYSICAL CHEMICAL DATA 2.1 Melting Point 1,069 ° C 344oC 2.2 Boiling Point 1,689 ° C 400oC at 760 mm Hg 2.3 Density 2.66 g/ mL at 20oC 2.109 g/ mL at 16oC 2.4 Vapor Pressure EPISUITE V. 3.10 1.39x10 15 hPa at 25oC 2.5 Octanol/ Water Partition Coefficient EPISUITE V. 3.10  0.79 at 25oC 2.6A Water Solubility 1,110 g/ L at 20 ° C 357 g/ L at 25oC 2.6B pH and pKa values 7 in aqueous solution pH ~ 7 at 25oC 2.7 Flash Point Not applicable Not applicable 2.8 Auto Flammability Not flammable Not flammable 2.9 Flammability Not flammable Not flammable 2.10 Explosive Properties Not explosive May explode on contact with reducing agents and/ or impact.

2.11 Oxidizing Properties Not an oxidizer Strong oxidizer 2.12 Oxidation:

Reduction Potential 2.13A Additional data See text SIDS DATA SUMMARIES FOR THE SALTS CATEGORY Date: January 27, 2003 Potassium Magnesium Sulfate CAS # 14168 73 1 Potassium Sulfate Potassium Nitrate Potassium Sodium Nitrate DATA ELEMENTS SPECIES PROTOCOL RESULTS SPECIES PROTOCOL RESULTS SPECIES PROTOCOL RESULTS ENVIRONMENTAL FATE and PATHWAY 3.1.1 Photodegradation Does not photodegrade Does not photodegrade 3.1.2 Stability in Water Stable 3.1.3 Stability in Soil Stable Stable 3.3.2 Distribution Calculated,

Fugacity Level III 4.5 x 10 9% to air 45.3% to water 54.6% to soil 0.0755% to sediment Fugacity Level III ( Mackay type) 8.34x10 9 % to air 45.3% to water 54.7% to soil 0.0755% to sediment 3.5 Biodegradation Biodegradable 3.7 Bioaccumulation Does not bioaccumulate SIDS DATA SUMMARIES FOR THE SALTS CATEGORY Date: January 27, 2003 Potassium Magnesium Sulfate CAS # 14168 73 1 Potassium Sulfate Potassium Nitrate Potassium Sodium Nitrate DATA ELEMENTS SPECIES PROTOCOL RESULTS SPECIES PROTOCOL RESULTS SPECIES PROTOCOL RESULTS ECOTOXICITY 4.1 Acute toxicity to Fish Lepomis macrochirus 96 hrs LC50 = 3,550 mg/ L Lepomis macrochirus 96 hrs LC50 = 1,839 mg NO3/ L Oncorhynchus mykiss 96 hrs LC50 > 98.9 mg/ L Pimephales promelas 96 hrs LC50 = 680 mg/ L 4.2 Acute Toxicity to Aquatic Invertebrates Daphnia magna 48 hrs EC50 = 720 890 mg/ L Daphnia magna 48 hrs TLm = 300 mg NO3/ L 4.3 Toxicity to Aquatic Plants ( Algae) Scenedesmus subspicatus 72 hrs EC50 = 1,430

2,900 mg/ L See text 4.4 Toxicity to Bacteria 4.5.1 Chronic Toxicity to Fish 4.5.2 Chronic Toxicity to Aquatic Invertebrates Nereis grubei Neanthes arenaceodentata Dorvilliea articulata Capitella capita TLm = 327 mg NO3/ L TLm = 496 mg NO3/ L TLm = 880 mg NO3/ L TLm = 713 mg NO3/ L 4.6.1 Toxicity to Soil Dwelling Organisms 4.6.2 Toxicity to Terrestrial Plants See text 4.6.3 Toxicity to Other Non Mammalian Terrestrial Species Turkey poults 21 days NOEC > 1,000 mg/ L SIDS DATA SUMMARIES FOR THE SALTS CATEGORY Date: January 27, 2003 Potassium Magnesium Sulfate CAS # 14168 73 1 Potassium Sulfate Potassium Nitrate Potassium Sodium Nitrate DATA ELEMENTS SPECIES PROTOCOL RESULTS SPECIES PROTOCOL RESULTS SPECIES PROTOCOL RESULTS TOXICITY 5.1.1 Acute Oral Toxicity Rat LD50 = 6,600 mg/ kg bw Rat LD50 = 3,750 mg/ kg bw Rat OECD 425 LD50 > 2,000 mg/ kg bw Rabbit LD50 = 1,166 NO3/ kg Cow, Sheep Lethal dose ( cow)

= 75 140 mg NO3  N/ kg Lethal dose ( sheep) = 70 mg NO3  N/ kg Goat LD100 = 1,000

1,500 mg/ kg 5.1.2 Acute Inhalation 5.1.3 Acute Dermal Toxicity Rat OECD 402 LD50 > 5,000 mg/ kg 5.1.4 Acute Toxicity,

Other Routes Guinea pig Subcutaneous LDLO = 3,000 mg/ kg bw 5.2.1 Skin Irritation/

Corrosion 5.2.2 Eye Irritation/

Corrosion 5.3 Skin Sensitization 5.4 Repeated Dose Rat OECD 422 NOAEL = 1,500 mg/ kg/ day Rat OECD 422 NOAEL = 1,500 mg/ kg/ day SIDS DATA SUMMARIES FOR THE SALTS CATEGORY Date: January 27, 2003 Potassium Magnesium Sulfate CAS # 14168 73 1 Potassium Sulfate Potassium Nitrate Potassium Sodium Nitrate DATA ELEMENTS SPECIES PROTOCOL RESULTS SPECIES PROTOCOL RESULTS SPECIES PROTOCOL RESULTS 5.5 Genetic Toxicity in vitro . Gene mutation Salmonella typhimurium OECD 471 Negative Salmonella typhimurium Bacterial reverse mutation assay Negative Bacillus subtilis recombination assay Negative . Chromosomal aberration Chinese hamster ovaries OECD 473 Negative 5.6 Genetic Toxicity in vivo Rat 10 weeks Negative 5.7 Carcinogenicity 5.8 Toxicity to Reproduction Rat OECD 422 NOAEL = 1,500 mg/ kg/ day Rat OECD 422 NOAEL = 1,500 mg/ kg/ day Guinea pig One generation study NOAEL Parental = 10,000 ppm NOAEL F1 Offspring =

10,000 ppm Rat Twogeneration study NOAEL Parental = 2.5%

5.9 Development Toxicity/ Teratogenicity Rat OECD 422 NOAEL = 1,500 mg/ kg/ day Rat OECD 422 NOAEL = 1,500 mg/ kg/ day Chicken eggs LD50 = 5.01 mg/ kg Mouse Oral; 10 day exposure NOAEL > 400 mg/ kg bw 5.10 Metabolism and Toxicokinetics No sensory irritation SIDS DATA SUMMARIES FOR THE SALTS CATEGORY Date: January 27, 2003 Potassium Magnesium Sulfate CAS # 14168 73 1 Potassium Sulfate Potassium Nitrate Potassium Sodium Nitrate DATA ELEMENTS SPECIES PROTOCOL RESULTS SPECIES PROTOCOL RESULTS SPECIES PROTOCOL RESULTS 5.11 Human Experience Large doses can induce vomiting if swallowed See text 1.8 Occupational Exposure Limits TLV as inert dust 15 mg/ m3 TLV as inert dust 15 mg/ m3


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on August 9, 2005

NOTICE OF ACTION TAKEN –

DOCKET OST-2005-21834

________________________________________________________________________
_____________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of  ABX Air, Inc.  filed   07/08/05 for:

XX Exemption for two years pursuant to 49 U.S.C. §40109 to provide the
following service:

Scheduled foreign air transportation of property and mail between a
point or points in the United States via intermediate points to a point
or points in Colombia and beyond to points in the Western Hemisphere.

No answers to the application were filed.

Applicant rep: Robert P. Silverberg<PHONE_NUMBER>  DOT Analyst:
Michael D. Bodman<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted (See below).

The above action was effective when taken:  August 9, 2005, through
August  9, 2007.

Action taken by:   Paul L. Gretch, Director

		    Office of International Aviation

XX  The authority granted is consistent with the aviation agreement
between the United States and Colombia.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:

XX  Holder’s certificates of public convenience and necessity

XX  Standard exemption conditions (attached)

________________________________________________________________________
_____________________

On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the exemption authority was consistent with the
public interest; and (3) grant of the authority would not constitute a
major regulatory action under the Energy Policy and Conservation Act of
1975.  To the extent not granted, we denied all requests in the
referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

APPENDIX

U.S. Carrier

Standard Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

Initially, ABX would serve between Miami, Florida, and Bogota, Colombia.

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