[Federal Register Volume 85, Number 129 (Monday, July 6, 2020)]
[Rules and Regulations]
[Pages 40118-40122]
[FR Doc No: 2020-12126]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2019-0128; FRL-10009-93]

Oxathiapiprolin; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of
oxathiapiprolin in or on multiple commodities which are identified and
discussed later in this document. The Interregional Project Number 4
(IR-4) and the registrant, Syngenta Crop Protection requested these
tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective July 6, 2020. Objections and
requests for hearings must be received on or before September 4, 2020
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2019-0128, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW, Washington, DC 20460-0001. 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 (202)
566-1744, and the telephone number for the OPP Docket is (703) 305-
5805.
    Please note that due to the public health emergency, the EPA Docket
Center (EPA/DC) and Reading Room was closed to public visitors on March
31, 2020. Our EPA/DC staff will continue to provide customer service
via email, phone, and webform. For further information on EPA/DC
services, docket contact information and the current status of the EPA/
DC and Reading Room, please visit https://www.epa.gov/dockets.

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

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Government
Publishing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2019-0128 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
September 4, 2020. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2019-0128, by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/where-send-comments-epa-dockets. Additional instructions on commenting or visiting the docket,
along with more information about dockets generally, is available at
http://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of August 2, 2019 (84 FR 37818) (FRL-9996-
78), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
9E8755) by IR-4, Rutgers, The State University of New Jersey, 500
College Road East, Suite 201W, Princeton, NJ 08540. The petition
requested that 40 CFR 180.685 be amended by establishing tolerances for
residues of the fungicide oxathiapiprolin, 1-[4-[4-[5-(2,6-
difluorophenyl)-4,5-dihydro-3-isoxazolyl]-2-thiazolyl]-1-piperidinyl]-
2-[5-methyl-3-(trifluoromethyl)-1H-pyrazol-1-yl]-ethanone, in or on the
following commodities: Berry, low growing, subgroup 13-07G, except
cranberry at 0.4 parts per million (ppm); Hop, dried cones at 5 ppm;
Tropical and subtropical, medium to large fruit, smooth, inedible peel,
subgroup 24B at 0.1 ppm; individual crops of proposed crop subgroup 6-
18B: Edible podded pea legume vegetable subgroup including: Chickpea,
edible podded at 1 ppm; Dwarf pea, edible podded at 1 ppm; Edible
podded pea at 1 ppm; Grass-pea, edible podded at 1 ppm; Green pea,
edible podded at 1 ppm; Lentil, edible podded at 1 ppm; Pigeon pea,
edible podded at 1 ppm; Snap pea, edible podded at 1 ppm; Snow pea,
edible podded at 1 ppm; and Sugar snap pea, edible podded at 1 ppm; and
individual crops of proposed crop subgroup 6-18D: Succulent shelled pea
subgroup including: Chickpea, succulent shelled at 0.05 ppm; English
pea, succulent shelled at 0.05 ppm; Garden pea, succulent shelled at
0.05 ppm; Green pea, succulent shelled at 0.05 ppm; Lentil, succulent
shelled at 0.05 ppm; and Pigeon pea, succulent shelled at 0.05 ppm. In
addition, IR-4 requested removal of the following existing tolerances
upon establishment of the above tolerances for residues of the
fungicide oxathiapiprolin, 1-[4-[4-[5-(2,6-difluorophenyl)-4,5-dihydro-
3-isoxazolyl]-2-thiazolyl]-1-piperidinyl]-2-[5-methyl-3-
(trifluoromethyl)-1H-pyrazol-1-yl]-ethanone, in or on Pea, edible-
podded at 1.0 ppm and Pea, succulent shelled at 0.05 ppm.
    In the Federal Register of June 7, 2019 (84 FR 26630) (FRL-9993-
93), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
9F8736) by Syngenta Crop Protection, LLC, P.O. Box 18300, Greensboro,
NC 27419, that requested to establish tolerances in 40 CFR part 180.685
for residues of the fungicide oxathiapiprolin (1-[4-[4-[5-(2,6-
difluorophenyl)-4,5-dihydro-3-isoxazolyl]-2-thiazolyl]-1-piperidinyl]-
2-[5-methyl-3-(trifluoromethyl)-1H-pyrazol-1-yl]-ethanone), in or on
bushberry crop subgroup 13-07B, except lowbush blueberry, at 0.5 ppm;
tree nuts, crop group 14-12 at 0.01 ppm; and almond hulls at 0.05 ppm.
    These documents referenced a summary of the petition prepared by
Syngenta Crop Protection, LLC, the registrant, which is available in
the docket, http://www.regulations.gov. One comment was received on the
notice of filings. EPA's response to this comment is discussed in Unit
IV.C.
    Based upon review of the data supporting the petition, EPA is
correcting many of the commodity definitions. The reasons for these
changes are explained in Unit IV.D.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue . .
. . ''
    Consistent with FFDCA section 408(b)(2)(D), and the factors
specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for oxathiapiprolin including
exposure resulting from the tolerances established by this action.
EPA's assessment of exposures and risks associated with oxathiapiprolin
follows.
    As indicated in the Federal Register for previous tolerances
established for residues of oxathiapiprolin (see 81 FR 87463, FRL-9954-
69, December 6, 2016), the toxicity database for oxathiapiprolin
supports a decision to conduct a qualitative risk assessment, due to
the lack of treatment-related effects and limited toxicity. While
dietary exposure to oxathiapiprolin may occur through food and drinking
water, no risks of concern are anticipated due to the lack of toxicity
at anticipated human exposure levels. While residential post-
application exposures may occur through the registered uses on turf and
ornamentals, no risks of concern are anticipated due to the lack of
toxicity at anticipated human exposure levels. While dietary and
residential exposures may occur through the registered and proposed
uses for oxathiapiprolin, no aggregate risks of concern are anticipated
due to the lack of toxicity at anticipated human exposure levels.
    Therefore, based on the lack of toxicity at anticipated human
exposure levels, EPA concludes there is a reasonable certainty that no
harm will result to the general population, or to infants and children
from aggregate exposure to oxathiapiprolin residues. More detailed
information on the subject action to establish tolerances in or on the
range of commodities can be found in the document entitled,
``Oxathiapiprolin. Human Health Risk Assessment to Support the
Registration for Use on Bushberry Crop Subgroup 13-07B (Except Lowbush
Blueberry), Hops, Low Growing Berry Crop Subgroup 13-07G (Except
Cranberry), Tree Nut Crop Group 14-12, and Tropical and Subtropical
Medium to Large Fruit with Smooth Inedible Peel Crop Subgroup 24B, as
well as Tolerance Translations'' dated May 15, 2020 by going to http://www.regulations.gov. The referenced document is available in the docket
established by this action, which is described under ADDRESSES. Locate
and click on the hyperlink for docket ID number EPA-HQ-OPP-2019-0128.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Analytical method DuPont-30422, Supplement 1 is a high performance
liquid chromatography with tandem mass spectrometry (HPLC-MS/MS) method
available for the quantitation of oxathiapiprolin residues in plant
matrices. Analytical method DuPont-31138 is an HPLC-MS/MS method
available for the analytical enforcement of oxathiapiprolin residues in
livestock commodities.
    The methods may be requested from: Chief, Analytical Chemistry
Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD
20755-5350; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    The Codex has established MRLs for oxathiapiprolin in/on peas (pods
and succulent-immature seeds) at 1 ppm and in/on peas, shelled
(succulent seeds) at 0.05 ppm. The U.S. tolerances for the
corresponding commodities are harmonized with these Codex MRLs. The
Codex has not established MRLs for oxathiapiprolin on any of the other
requested crops or crop groups.

C. Response to Comments

    One relevant comment was received from a private citizen who
opposed approval of this active ingredient due to combination with
other chemicals and not testing toxic pollutants. The existing legal
framework provided by section 408 of the FFDCA states that tolerances
may be set when persons seeking such tolerances or exemptions have
demonstrated that the pesticide meets the safety standard imposed by
that statute. This comment appears to be directed at the underlying
statute and not EPA's implementation of it; the comments provide no
information relevant the Agency's safety determination.

D. Revisions to Petitioned-For Tolerances

    The Agency corrected the commodity definitions for: Almond, hulls;
Bushberry subgroup 13-07B, except lowbush blueberry; Nut, tree, group
14-12; Pea, dwarf, edible podded; Pea, edible podded; Pea, English,
succulent shelled; Pea, garden, succulent shelled; Pea, grass, edible
podded; Pea, green, edible podded; Pea, green, succulent shelled; Pea,
pigeon, edible podded; Pea, pigeon, succulent shelled; Pea, snap,
edible podded; Pea, snow, edible podded; and Pea, sugar snap, edible
podded.

V. Conclusion

    Therefore, tolerances are established for residues of
oxathiapiprolin, 1-[4-[4-[5-(2,6-difluorophenyl)-4,5-dihydro-3-
isoxazolyl]-2-thiazolyl]-1-piperidinyl]-2-[5-methyl-3-
(trifluoromethyl)-1H-pyrazol-1-yl]-ethanone, in or on Almond, hulls at
0.05 ppm; Berry, low growing, subgroup 13-07G, except cranberry at 0.4
ppm; Bushberry subgroup 13-07B, except lowbush blueberry at 0.5 ppm;
Chickpea, edible podded at 1 ppm; Chickpea, succulent shelled at 0.05
ppm; Hop, dried cones at 5 ppm; Lentil, edible podded at 1 ppm; Lentil,
succulent shelled at 0.05 ppm; Nut, tree, group 14-12 at 0.01

ppm; Pea, dwarf, edible podded at 1 ppm; Pea, edible podded at 1 ppm;
Pea, English, succulent shelled at 0.05 ppm; Pea, garden, succulent
shelled at 0.05 ppm; Pea, grass, edible podded at 1 ppm; Pea, green,
edible podded at 1 ppm; Pea, green, succulent shelled at 0.05 ppm; Pea,
pigeon, edible podded at 1 ppm; Pea, pigeon, succulent shelled at 0.05
ppm; Pea, snap, edible podded at 1 ppm; Pea, snow, edible podded at 1
ppm; Pea, sugar snap, edible podded at 1 ppm; Tropical and subtropical,
medium to large fruit, smooth inedible peel, subgroup 24B at 0.1 ppm.
Upon the establishment of the above tolerances, the following
tolerances will be removed: Pea, edible-podded at 1.0 ppm and Pea,
succulent shelled at 0.05 ppm.
    The removal of the ``pea, edible-podded'' and ``pea, succulent
shelled'' tolerances as part of this rulemaking will not result in any
adulterated pea commodities. The individual pea tolerances being
established in this rulemaking cover all the edible-podded and
succulent-shelled versions of pea as defined in 40 CFR 180.1, which
includes ``Cajanus cajan (includes pigeon pea); Cicer spp. (includes
chickpea and garbanzo bean); Lens culinaris (lentil); Pisum spp.
(includes dwarf pea, garden pea, green pea, English pea, field pea, and
edible pod pea).'' To avoid confusion about the coverage of residues in
or on pea commodities as a result of this rulemaking, EPA is clarifying
the status of two commodities listed in section 180.1 for which an
individual tolerance is not being established in this rulemaking:
Garbanzo bean and field pea. Garbanzo bean is the same commodity as
chickpea, so residues on garbanzo bean are covered by chickpea
tolerances. Field pea is not sold as an edible-podded or succulent
shelled pea and thus is not covered by the existing tolerances for
``pea, edible-podded'' and pea, succulent shelled''; removing those
tolerances does not change the status of tolerance coverage for field
pea and an individual tolerance is not necessary.

VI. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA section 408(d) in
response to petitions submitted to the Agency. The Office of Management
and Budget (OMB) has exempted these types of actions from review under
Executive Order 12866, entitled ``Regulatory Planning and Review'' (58
FR 51735, October 4, 1993). Because this action has been exempted from
review under Executive Order 12866, this action is not subject to
Executive Order 13211, entitled ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) or Executive Order 13045, entitled ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), nor is it considered a regulatory action under
Executive Order 13771, entitled ``Reducing Regulations and Controlling
Regulatory Costs'' (82 FR 9339, February 3, 2017). This action does not
contain any information collections subject to OMB approval under the
Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it
require any special considerations under Executive Order 12898,
entitled ``Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations'' (59 FR 7629, February 16,
1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerances in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or Tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
Tribal Governments, on the relationship between the National Government
and the States or Tribal Governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian Tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

VII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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

    Dated: May 26, 2020.
Michael Goodis,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, for the reasons stated in the preamble, EPA amends 40
CFR chapter I as follows:

PART 180--[AMENDED]

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

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

0
2. In Sec.  180.685, amend the table in paragraph (a) by
0
i. Adding in alphabetical order entries for ``Almond, hulls''; ``Berry,
low growing, subgroup 13-07G, except cranberry''; ``Bushberry subgroup
13-07B, except lowbush blueberry''; ``Chickpea, edible podded'';
``Chickpea, succulent shelled''; ``Hop, dried cones''; ``Lentil, edible
podded''; ``Lentil, succulent shelled''; ``Nut, tree, group 14-12'';
``Pea, dwarf, edible podded''; ``Pea, edible podded''; ``Pea, English,
succulent shelled''; ``Pea, garden, succulent shelled''; ``Pea, grass,
edible podded''; ``Pea, green, edible podded''; ``Pea, green, succulent
shelled''; ``Pea, pigeon, edible podded''; ``Pea, pigeon, succulent
shelled''; ``Pea, snap, edible podded''; ``Pea, snow, edible podded'';
``Pea, sugar snap, edible podded''; and ``Tropical and subtropical,
medium to large fruit, smooth inedible peel, subgroup 24B''; and
0
ii. Removing the entries for: ``Pea, edible-podded''; and ``Pea,
succulent shelled''.
    The additions read as follows:

Sec.  180.685  Oxathiapiprolin; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Almond, hulls...........................................            0.05

                              * * * * * * *
Berry, low growing, subgroup 13-07G, except cranberry...             0.4

                              * * * * * * *
Bushberry subgroup 13-07B, except lowbush blueberry.....             0.5

                              * * * * * * *
Chickpea, edible podded.................................               1
Chickpea, succulent shelled.............................            0.05

                              * * * * * * *
Hop, dried cones........................................               5

                              * * * * * * *
Lentil, edible podded...................................               1
Lentil, succulent shelled...............................            0.05
Nut, tree, group 14-12..................................            0.01

                              * * * * * * *
Pea, dwarf, edible podded...............................               1
Pea, edible podded......................................               1
Pea, English, succulent shelled.........................            0.05
Pea, garden, succulent shelled..........................            0.05
Pea, grass, edible podded...............................               1
Pea, green, edible podded...............................               1
Pea, green, succulent shelled...........................            0.05
Pea, pigeon, edible podded..............................               1
Pea, pigeon, succulent shelled..........................            0.05
Pea, snap, edible podded................................               1
Pea, snow, edible podded................................               1
Pea, sugar snap, edible podded..........................               1

                              * * * * * * *
Tropical and subtropical, medium to large fruit, smooth,             0.1
 inedible peel, subgroup 24B............................

                              * * * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2020-12126 Filed 7-2-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 26 (Tuesday, February 9, 2016)]
[Notices]
[Page 6850]
[FR Doc No: 2016-02469]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL16-35-000]

Southern Maryland Electric Cooperative, Inc. v. J.P. Morgan
Ventures Energy Corporation; Notice of Complaint

    Take notice that on February 1, 2016, pursuant to Sections 206 and
306 of the Federal Power Act, 16 U.S.C. 824e, 825e (2012), and Rule 206
of the Federal Energy Regulatory Commission's (Commission) Rules of
Practice and Procedure, 18 CFR 385.206 and 385.212 (2015), Southern
Maryland Electric Cooperative, Inc. (Complainant) filed a formal
complaint against J.P. Morgan Ventures Energy Corporation (Respondent)
alleging that Respondent has the right to Capacity Performance (CP)
credit under a bilateral capacity purchase agreement that it entered
into with Complainant. Complainant believes that Respondent does not
intend to transfer CP credit to Complainant, starting with the 2016-
2017 Delivery Year that begins June 1, 2016, all as more fully
explained in the complaint.
    Complainant certifies that copies of the complaint were served on
the designated corporate officials for Respondent, as listed on the
Commission's list of Corporate Officials.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on February 21, 2016.

    Dated: February 2, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-02469 Filed 2-8-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 4 (Thursday, January 6, 2011)]
[Notices]
[Pages 818-819]
[FR Doc No: 2011-52]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), notice is hereby given that the Federal Railroad Administration
(FRA) has received a request for a waiver of compliance from certain
requirements of its safety standards. The individual petition is
described below, including the party seeking relief, the regulatory
provisions involved, the nature of the relief being requested, and the
petitioner's arguments in favor of relief.

Heber Valley Railroad

[Waiver Petition Docket Number FRA-2010-0156]

    The Heber Valley Railroad (HVRR) seeks a waiver of compliance from
certain provisions of 49 CFR Part 215, Railroad Freight Car Safety
Standards, specifically, 49 CFR 215.303 (Stenciling of Restricted
Cars), which requires that restricted railroad freight cars shall be
stenciled or marked in clearly legible letters with the letter ``R''
and a series of designated terms to completely indicate the basis for
the restricted operation of the car. In addition, HVRR seeks a waiver
of compliance from all of 49 CFR Part 224 (Reflectorization of Rail
Freight Rolling Stock).
    The waiver petition concerns HVRR 366, which is a former Santa Fe
(AT&SF) railroad flat car of riveted construction built in 1951, which
has been converted to passenger service for tourist and excursion
railroad service by the addition of walls, roof, and bench seats to
allow passengers to sit in the open air for tourist train rides. HVRR
366 is more than 50 years old, measured from the date of original
construction, and is requested by petitioner for special approval for
continued operation under Sec.  215.203(c). HVRR 366 is not
interchangeable and operates on 16 miles of Class 1 & 2 track of the
former Denver and Rio Grande Western branch line between Heber City,
Utah, and Vivian Park, UT, at no more than 25 miles per hour. This
branch line is not connected to the general railroad system.
    HVRR, in support of its petition, has stated that the stenciling of
non-complying elements and adding reflective striping would detract
from both the aesthetic and historical nature of their vintage rolling
stock. HVRR 366 has been inspected by HVRR shop personnel and has been
deemed safe for service. The car has been in continuous service on HVRR
since 1995, and has operated without incident or safety violations.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires

an opportunity for oral comment, they should notify FRA, in writing,
before the end of the comment period and specify the basis for their
request.
    All communications concerning these proceedings should identify the
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2010-0156) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Communications received within 45 days of the date of this notice
will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable. All
written communications concerning these proceedings are available for
examination during regular business hours (9 a.m.-5 p.m.) at the above
facility. All documents in the public docket are also available for
inspection and copying on the Internet at the docket facility's Web
site at http://www.regulations.gov.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (Volume 65, Number 70;
Page 19477) or at http://www.dot.gov/privacy.html.

    Issued in Washington, DC on January 3, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2011-52 Filed 1-5-11; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 88, Number 166 (Tuesday, August 29, 2023)]
[Notices]
[Pages 59526-59527]
[FR Doc No: 2023-18599]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2023-0293]

Collection of Information Under Review by Office of Management
and Budget; OMB Control Number 1625-0066

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Thirty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 the
U.S. Coast Guard is forwarding an Information Collection Request (ICR),
abstracted below, to the Office of Management and Budget (OMB), Office
of Information and Regulatory Affairs (OIRA), requesting an extension
of its approval for the following collection of information: 1625-0066,
Vessel and Facility Response Plans (Domestic and Int'l), and Additional
Response Requirements for Prince William Sound; without change.
    Our ICR describes the information we seek to collect from the
public. Review and comments by OIRA ensure we only impose paperwork
burdens commensurate with our performance of duties.

DATES: You may submit comments to the Coast Guard and OIRA on or before
September 28, 2023.

ADDRESSES: Comments to the Coast Guard should be submitted using the
Federal eRulemaking Portal at https://www.regulations.gov. Search for
docket number [USCG-2023-0293]. Written comments and recommendations to
OIRA for the proposed information collection should be sent within 30
days of publication of this notice to https://www.reginfo.gov/public/do/PRAMain.
    Find this particular information collection by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function.
    A copy of the ICR is available through the docket on the internet
at https://www.regulations.gov. Additionally, copies are available
from: Commandant (CG-6P), Attn: Paperwork Reduction Act Manager, U.S.
Coast Guard, 2703 Martin Luther King Jr. Ave SE, Stop 7710, Washington,
DC 20593-7710.

FOR FURTHER INFORMATION CONTACT: A.L. Craig, Office of Privacy
Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>, for questions
on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. 3501 et seq., chapter 35, as amended. An ICR is an
application to OIRA seeking the approval, extension, or renewal of a
Coast Guard collection of information (Collection). The ICR contains
information describing the Collection's purpose, the Collection's
likely burden on the affected public, an explanation of the necessity
of the Collection, and other important information describing the
Collection. There is one ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) the practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology. These comments
will help OIRA determine whether to approve the ICR referred to in this
Notice.
    We encourage you to respond to this request by submitting comments
and related materials. Comments to Coast Guard or OIRA must contain the
OMB Control Number of the ICR. They must also contain the docket number
of this request, [USCG-2023-0293], and must be received by September
28, 2023.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at https://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments to the Coast Guard will
be posted without change to https://www.regulations.gov and will
include any personal information you have provided. For more about
privacy and submissions to the Coast Guard in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020). For more about privacy and submissions to OIRA in
response to this document, see the https://www.reginfo.gov, comment-
submission web page. OIRA posts its decisions on ICRs online at https://www.reginfo.gov/public/do/PRAMain after the comment period for each
ICR. An OMB Notice of Action on each ICR will become available via a
hyperlink in the OMB Control Number: 1625-0066.

Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The
Coast Guard published the 60-day notice (88 FR 29918, May 9, 2023)
required by 44 U.S.C. 3506(c)(2). That notice elicited no comments.
Accordingly, no changes have been made to the Collection.

Information Collection Request

    Title: Vessel and Facility Response Plans (Domestic and Int'l), and
Additional Response Requirements for Prince William Sound.
    OMB Control Number: 1625-0066.
    Summary: The Oil Pollution Act of 1990 (OPA 90) required the
development of Vessel and Facility Response Plans to minimize the
impact of oil spills. OPA 90 also required additional response
requirements for Prince William Sound. Shipboard Oil Pollution
Emergency Plans and Shipboard Marine Pollution Emergency Plans are
required of other vessels to minimize impacts of oil spills.
    Need: This information is needed to ensure that vessels and
facilities are prepared to respond in event of a spill incident. The
information is reviewed by the Coast Guard to assess the effectiveness
of the response plan.
    Forms: N/A.
    Respondents: Owners and operators of vessels and facilities.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated burden remains 88,381 hours a
year.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. et seq.,
chapter 35, as amended.

    Dated: August 3, 2023.
Kathleen Claffie,
Chief, Office of Privacy Management, U.S. Coast Guard.
[FR Doc. 2023-18599 Filed 8-28-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: September 18, 2009 (Volume 74, Number 180)]
[Notices]
[Page 47937-47938]
[DOCID:fr18se09-54]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP09-68-000]

Texas Eastern Transmission, LP; Notice of Availability of the
Environmental Assessment for the Proposed TEMAX and TIME III Projects

September 11, 2009.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared an environmental assessment (EA) on the
natural gas pipeline facilities proposed by Texas Eastern Transmission,
LP (Texas Eastern) in the above-referenced docket.
    The U.S. Army Corps of Engineers (USACE) and Pennsylvania
Department of Conservation and Natural Resources participated as
cooperating agencies in the preparation of the EA. Cooperating agencies
have jurisdiction by law or special expertise with respect to resources
potentially affected by the proposal and participate in the NEPA
analysis. The projects would require a permit from the USACE pursuant
to section 404 of the Clean Water Act (33 United States Code 1344).
    The EA assesses the potential environmental affects resulting from
two distinct projects known as the Texas Eastern Market Area Crossing
(TEMAX) and Texas Eastern Incremental Market Area Expansion III (TIME
III) Projects, in accordance with the requirements of the National
Environmental Policy Act of 1969 (NEPA). The FERC staff concludes that
approval of the proposed projects, with appropriate mitigating
measures, would not constitute a major Federal action significantly
affecting the quality of the human environment.
    These projects consist of replacement of 25.9 miles of various
diameter pipeline, construction of 9.6 miles of loop,\1\ use of 0.8
mile of existing pipeline, and construction of 26.5 miles of new
pipeline lateral. In addition, Texas Eastern requests authorization to
add 85,633 horsepower (hp) of compression at four existing compressor
stations and abandon 9,500 hp of compression at one compressor station,
resulting in a net increase of 76,133 hp of compression for the
projects. Texas Eastern also requests authorization to uprate the
maximum allowable operating pressure of its existing Lines 1 and 2 from
1,000 to 1,112 pounds per square inch gauge for 268 miles between its
Uniontown and Marietta Compressor Stations. The proposed facilities are
located in Greene, Bedford, Franklin, Adams, Lancaster and York
Counties, Pennsylvania.
---------------------------------------------------------------------------

    \1\ A pipeline ``loop'' is a segment of pipe installed adjacent
and parallel to an existing pipeline system that is connected to the
system at both ends. A loop allows more gas to be moved through that
portion of the pipeline system or functions as a backup system.
---------------------------------------------------------------------------

    The TEMAX Project would provide additional natural gas
transportation capacity of 395,000 dekatherms per day (Dth/d) from a
receipt point with the Rockies Express Pipeline LLC in Clarington,
Ohio, to an interconnect with Transcontinental Gas Pipeline Company,
LLC (Transco) in York County, Pennsylvania. The TIME III Project, would
provide additional transportation capacity of 60,000 Dth/d from a
receipt point in Oakford, Pennsylvania to the same interconnect with
Transco.
    The EA has been placed in the public files of the FERC. A limited
number of copies of the EA are available for distribution and public
inspection at: Federal Energy Regulatory Commission, Public Reference
Room, 888 First Street, NE., Room 2A, Washington, DC 20426. (202) 502-
8371.
    Copies of the EA have been mailed to Federal, State, and local
agencies; interested groups and individuals; local newspapers and
libraries in the project areas; Native American groups; and parties to
this proceeding.
    Any person wishing to comment on the EA may do so. To ensure
consideration prior to a Commission decision on the proposal, it is
important that we receive your comments before the date specified
below.
    You can make a difference by providing us with your specific
comments or concerns about the TEMAX and TIME III Projects. Your
comments should focus on the potential environmental effects,
reasonable alternatives, and measures to avoid or lessen environmental
impacts. The more specific your comments, the more useful they will be.
To ensure that your comments are timely and properly recorded, please
send in your comments so that they will be received in Washington, DC
on or before October 13, 2009.
    For your convenience, there are three methods in which you can use
to submit your comments to the Commission. In all instances please
reference the project's docket number CP09-68-000 with your submission.
The Commission encourages electronic filing of comments and has
dedicated eFiling expert staff available to assist you at<PHONE_NUMBER>
or<EMAIL_ADDRESS>    (1) You may file your comments electronically by using the Quick
Comment feature, which is located on the Commission's Internet Web site
at http://www.ferc.gov under the link to Documents and Filings. A Quick
Comment is an easy method for interested persons to submit text-only
comments on a project;
    (2) You may file your comments electronically by using the eFiling
feature, which is located on the Commission's Internet Web site at
http://www.ferc.gov under the link to Documents and Filings. eFiling
involves preparing your submission in the same manner as you would if
filing on paper, and then saving the file on your computer's hard
drive. You will attach that file as your submission. New eFiling users
must first create an account by clicking on ``Sign up'' or
``eRegister.'' You will be asked to select the type of filing you are
making. A comment on a particular project is considered a ``Comment on
a Filing;'' or
    (3) You may file your comments via mail to the Commission by
sending an original and two copies of your letter to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Room 1A, Washington, DC 20426.
    If you choose the option to mail your comments, label one copy of
the comments for the attention of the Gas Branch 1, PJ-11.1.
    Comments will be considered by the Commission but will not serve to
make the commentor a party to the proceeding. Any person seeking to
become a party to the proceeding must file a motion to intervene
pursuant to Rule 214 of the Commission's Rules of Practice and
Procedures (18 CFR 385.214).\2\ Only intervenors have the right to seek
rehearing of the Commission's decisions.
---------------------------------------------------------------------------

    \2\ Interventions may also be filed electronically via the
Internet in lieu of paper. See the previous discussion of filing
comments electronically.
---------------------------------------------------------------------------

    Affected landowners and parties with environmental concerns may be
granted intervenor status upon showing good cause by stating that they
have a clear and direct interest in this proceeding

which would not be adequately represented by any other parties. You do
not need intervenor status to have your comments considered.
    Additional information about the projects is available from the
Commission's Office of External Affairs at 1-866-208-FERC or on the
FERC Internet Web site (http://www.ferc.gov) using the eLibrary link.
Click on the eLibrary link, then on ``General Search'' and enter the
docket number excluding the last three digits in the docket number
field (i.e., CP09-68). Be sure you have selected an appropriate date
range. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link on the FERC Internet Web site
also provides access to the texts of formal documents issued by the
Commission, such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notifications of these filings, document summaries and direct links to
the documents. Go to http://www.ferc.gov/esubscribenow.htm.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-22477 Filed 9-17-09; 8:45 am]

BILLING CODE 6717-01-P