[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Proposed Rules]
[Pages 20431-20433]
[FR Doc No: 2023-07012]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 88, No. 66 / Thursday, April 6, 2023 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0432; Project Identifier AD-2022-01384-T]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all The Boeing Company Model 747-8 and 747-8F series airplanes.
This proposed AD was prompted by reports of cracks in stringers, common
to the end fittings, forward and aft of the pressure bulkhead at
station (STA) 2360 at multiple stringer locations. This proposed AD
would require repetitive inspections of stringer sidewalls and certain
stringer assemblies, common to the end fittings, forward and aft of the
pressure bulkhead at STA 2360 for any crack, and applicable on-
condition actions. The FAA is proposing this AD to address the unsafe
condition on these products.

DATES: The FAA must receive comments on this proposed AD by May 22,
2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-0432; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, any comments received, and other
information. The street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this NPRM, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone<PHONE_NUMBER>; website myboeingfleet.com.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th Street, Des Moines, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available at
regulations.gov by searching for and locating Docket No. FAA-2023-0432.

FOR FURTHER INFORMATION CONTACT: Stefanie Roesli, Aerospace Engineer,
Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th Street, Des
Moines, WA 98198; phone and fax:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-0432; Project Identifier
AD-2022-01384-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Stefanie Roesli, Aerospace Engineer, Airframe Section, FAA, Seattle ACO
Branch, 2200 South 216th Street, Des Moines, WA 98198; phone and fax:
206-231-3964; email: [email protected]. Any commentary that the
FAA receives that is not specifically designated as CBI will be placed
in the public docket for this rulemaking.

Background

    The FAA has received reports of cracks in the stringers, common to
the end fittings, forward and aft of the pressure bulkhead at STA 2360.
The cracks were found at stringer locations S-14L, S-15L, S-17L, S-18L,
S-36L, S-38L, S-38R, S-44L, S-44R, S-46L, S-46R, S-48R, S-49R and S-50R
on the forward side and at S-4R, S-5L, S-5R, S-6L, S-6R, S-7L, S-7R, S-
8L, S-8R, S-20L, S-20R, S-21L, S-21R, S-22R, S-24L, S-24R, S-25L and S-
38L on the aft side of the pressure bulkhead. In addition, Boeing found
cracks in stringer S-44L on the forward side of the pressure bulkhead
during routine inspection in production. An investigation found that
during airplane assembly, un-shimmed or incorrectly shimmed gaps, which
were larger than engineering requirements, caused excessive and
sustained internal tensile stresses and resulted in stress corrosion
cracking in the stringers. This condition, if not addressed, could
result in an undetected crack in the stringers,

resulting in the inability of a structural element to sustain limit
load which could adversely affect the structural integrity of the
airplane.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type designs.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 747-53A2910 RB,
dated September 21, 2022. This service information specifies procedures
for repetitive low frequency eddy current (LFEC) and high frequency
eddy current (HFEC) inspections of the stringer sidewalls; repetitive
detailed inspections of certain stringer assemblies; and applicable on-
condition actions. On-condition actions include repair.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in ADDRESSES.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in the service information already described, except for any
differences identified as exceptions in the regulatory text of this
proposed AD. For information on the procedures and compliance times,
see this service information at regulations.gov under Docket No. FAA-
2023-0432.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 44 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                    Labor cost         Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection of stringers.........  Up to 110 work-                  $0   Up to $9,350 per     Up to $411,400 per
                                   hours x $85 per                       inspection cycle.    inspection cycle.
                                   hour = $9,350 per
                                   inspection cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary repairs
that would be required based on the results of the proposed inspection.
The FAA has no way of determining the number of aircraft that might
need this repair:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Repair of a cracked stringer.................  13 work-hours x $85 per hour =             $600           $1,705
                                                $1,105.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

The Boeing Company: Docket No. FAA-2023-0432; Project Identifier AD-
2022-01384-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by May 22, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 747-8 and 747-8F
series airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code: 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of cracks in the stringers,
common to the end fittings, forward and aft of the pressure bulkhead
at station (STA) 2360 at multiple stringer locations. The FAA is
issuing this AD to address an undetected crack in the stringers. The
unsafe condition, if not addressed, could result in the inability of
a structural element to sustain limit load which could adversely
affect the structural integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Required Actions

    Except as specified by paragraph (h) of this AD: At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Alert Requirements Bulletin 747-53A2910 RB, dated September 21,
2022, do all applicable actions identified in, and in accordance
with, the Accomplishment Instructions of Boeing Alert Requirements
Bulletin 747-53A2910 RB, dated September 21, 2022.
    Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
747-53A2910, dated September 21, 2022, which is referred to in
Boeing Alert Requirements Bulletin 747-53A2910 RB, dated September
21, 2022.

(h) Exceptions to Service Information Specifications

    (1) Where the Compliance Time columns of the tables in the
``Compliance'' paragraph of Boeing Alert Requirements Bulletin 747-
53A2910 RB, dated September 21, 2022, use the phrase ``the original
issue date of Requirements Bulletin 747-53A2910 RB,'' this AD
requires using ``the effective date of this AD.''
    (2) Where Boeing Alert Requirements Bulletin 747-53A2910 RB,
dated September 21, 2022, specifies contacting Boeing for repair
instructions: This AD requires doing the repair using a method
approved in accordance with the procedures specified in paragraph
(i) of this AD.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or responsible Flight Standards Office,
as appropriate. If sending information directly to the manager of
the certification office, send it to the attention of the person
identified in paragraph (j) of this AD. Information may be emailed
to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Seattle
ACO Branch, FAA, to make those findings. To be approved, the repair
method, modification deviation, or alteration deviation must meet
the certification basis of the airplane, and the approval must
specifically refer to this AD.

(j) Related Information

    For more information about this AD, contact Stefanie Roesli,
Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200
South 216th Street, Des Moines, WA 98198; phone and fax: 206-231-
3964; email: [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Requirements Bulletin 747-53A2910 RB, dated
September 21, 2022.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; website myboeingfleet.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th Street, Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 9, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-07012 Filed 4-5-23; 8:45 am]
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[Federal Register: December 23, 2008 (Volume 73, Number 247)]
[Notices]
[Page 78776]
[DOCID:fr23de08-67]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. EL03-138-006; EL03-181-007]

Aquila, Inc.; Notice of Filing

December 16, 2008.
    Take notice that on December 12, 2008, Aquila, Inc. filed an
amendment to the Agreement and Stipulation jointly filed with the
Commission Trial Staff on August 29, 2003 in compliance with the
Commission's November 14, 2008, Order Denying Rehearing. Aquila
Merchant Services, Inc., 125 FERC ] 61,175 (2008).
    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, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on January 2, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-30396 Filed 12-22-08; 8:45 am]

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[Federal Register: January 17, 2007 (Volume 72, Number 10)]
[Notices]
[Page 2044]
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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

Pathways Group, Inc. (n/k/a Bicoastal Communications, Inc.);
Order of Suspension of Trading

January 12, 2007.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Pathways Group, Inc. (n/k/a Bicoastal Communications, Inc.) because it
has not filed any periodic reports since the period ended September 30,
2000.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed company.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in securities of the
above-listed company is suspended for the period from 9:30 a.m. EST on
January 12, 2007, through 11:59 p.m. EST on January 26, 2007.

    By the Commission.
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. 07-159 Filed 1-12-07; 11:25 am]

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[Federal Register: November 25, 2008 (Volume 73, Number 228)]
[Notices]
[Page 71630]
[DOCID:fr25no08-57]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL09-11-000]

Interstate Power and Light Company, Complainant, v. ITC Midwest,
LLC, Respondent; Notice of Complaint

November 19, 2008.
    Take notice that on November 18, 2008, Interstate Power and Light
Company (Complainant) filed, pursuant to section 206 of the Federal
Power Act, 16 U.S.C. 824(e), and section 206 of the Commission's Rules
of Practice and Procedure, 18 CFR 358.206, a formal complaint against
ITC Midwest, LLC (Respondent) seeking relief from the Respondent's
implementation of its formula rate for FERC-jurisdictional transmission
service for 2009 and beyond.
    The Complainant certifies that copies of the complaint were served
on the contacts for the 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, 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 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
Comment Date: 5 p.m. Eastern Time on December 8, 2008.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-27921 Filed 11-24-08; 8:45 am]

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[Federal Register Volume 81, Number 157 (Monday, August 15, 2016)]
[Notices]
[Pages 54187-54190]
[FR Doc No: 2016-19354]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-FAA-2016-1330]

Privacy Act of 1974; Department of Transportation, Federal
Aviation Administration, DOT/FAA-801; Aviation Registration Records
System of Records Notice

AGENCY: Office of the Departmental Chief Information Officer, Office of
the Secretary of Transportation, DOT.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the United States
Department of Transportation proposes to update and reissue a current
Department of Transportation system of records titled, ``Department of
Transportation Federal Aviation Administration; DOT/FAA-801, Aviation
Registration Records System.'' This Privacy Act Systems of Records
Notice (SORN) is being updated to reflect an additional system
location, categories of records, authorities, storage, retrievability,
and safeguarding related to implementation of the FAA General Aviation
(GA) Automatic Dependent Surveillance-Broadcast (ADS-B) Rebate Program.
This SORN is also being updated to add an additional location for the
ADS-B Program. In addition, new categories of records, Rebate
Reservation Code and Incentive Code, Public ADS-B Performance Reports
(PAPR) are being added. The authorities section is being updated to
reflect the new authority under Section 221(a) of the FAA Modernization
and Reform Act of 2012 which authorizes the ADS-B incentive program.
The storage, retrievability, and safeguarding procedures sections are
being updated to reflect that ADS-B records are maintained and
safeguarded separate from the Civil Aircraft Registry (CAR) records in
FAA facilities. A previously published Routine Use is being updated to
include the sharing of ADS-B summary reports with members of the public
in order facilitate compliance with FAA equipage requirements and
performance standards. The records retention section has been updated
to include records created to support the ADS-B Out Final Rule and
Rebate programs.

DATES: Written comments should be submitted on or before September 14,
2016. The Department may publish an amended Systems of Records Notice
in light of any comments received. This new system will be effective
September 14, 2016.

ADDRESSES: You may submit comments, identified by docket number DOT-
OST-2015-0235 by any of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Ave. SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Ave. SE., between 9 a.m. and 5 p.m. ET, Monday
through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    Instructions: You must include the agency name and docket number
DOT-FAA-2016-13307. All comments received will be posted without change
to http://www.regulations.gov, including any personal information
provided.
    Privacy Act: Anyone is able to search the electronic form of all
comments received in any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review the
Department of Transportation's complete Privacy Act statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
may visit http://DocketsInfo.dot.gov.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to the street
address listed above. Follow the online instructions for accessing the
docket.

FOR FURTHER INFORMATION CONTACT: For questions, please contact: Claire
W. Barrett, Departmental Chief Privacy Officer, Privacy Office,
Department of Transportation, Washington, DC 20590<EMAIL_ADDRESS>or
202.527.3284.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Transportation (DOT)/Federal Aviation Administration
(FAA) proposes to update and reissue a DOT system of records titled,
``DOT/FAA-801 Aviation Registration Records.''
    In May of 2010, the FAA published a final rule titled Department of
Transportation, Federal Aviation Administration, 14 CFR part 91,
Automatic Dependent Surveillance-Broadcast (ADS-B) Out Performance
Requirements. This rule mandates that aircraft flying in certain
controlled airspace be equipped with ADS-B Out technology by Jan. 1,
2020. In order to accelerate compliance with the 2010 ADS-B Out Final
Rule, the FAA is offering a financial incentive to owners of general
aviation aircraft to encourage compliance with the ADS-B Out Final
Rule. Rebates are available to owners of U.S.-registered, fixed-wing,
single-engine piston aircraft that purchase and install FAA Technical
Standard Orders (TSO) certified avionics. The FAA will offer up to
20,000 rebates of $500 on a first-come, first-served basis to owners of
these aircraft; and so long as funding is available or one (1) year
from the beginning of the program; whichever occurs first.
    In order for an aircraft owner to initiate the rebate claim
process, they must access the GA ADS-B Rebate

Program web application, provide the aircraft registration number,
their email address, signature and click statements acknowledging no
liability to the FAA for their ADS-B equipment. The ADS-B rebate
application will manage rebate reservation and claim records which
includes a rebate code, incentive code, and the email address
associated with every rebate reservation and claim. The purpose of the
rebate reservation code and incentive code is to allocate one of the
20,000 rebates available and to ensure the aircraft has completed the
equipment installation. Once the reservation application process is
complete, the owner is emailed a rebate reservation code. This unique
code is used in the ADS-B rebate Web site application to ensure that
only one aircraft and associated owner receives a rebate.
    ADS-B, Traffic Information Service--Broadcast (TIS-B), and Flight
Information Service--Broadcast (FIS-B) records are created when a pilot
submits an ADS-B/TIS-B/FIS-B Problem Report to the FAA to report an
issue or problem with any of the ADS-B-related services provided by the
FAA. The FAA uses the email address collected in order to communicate
back to the reporting pilot about the issue or problem that they
reported.
    The ADS-B Compliance Monitor (CM) enables FAA to assist aircraft
owners, pilots and avionics installers to validate the performance of
their ADS-B equipment installation upon request. This is communicated
via the Public ADS-B Performance Report (PAPR).
    In order to complete the claim rebate process, no later than 60
days after the scheduled installation date provided in the reservation,
the aircraft owner must go to the GA ADS-B Rebate Web site and provide
their aircraft registration number, rebate reservation code, incentive
code and email address. If approved, the rebate payments will be
processed by the third party vendor Aircraft Electronics Association
(AEA). AEA will then issue the aircraft owner a rebate check based on
the information provided by the FAA. The FAA will receive the check
number and date of issuance from AEA to validate the process was
completed.
    This system of records notice (SORN) is being updated to add the
new categories of records held for operational implementation of the
ADS-B Out Rulemaking including administration of the GA ADS-B Rebate
program on-going compliance monitoring, and ADS-B/TIS-B/FIS-B problem
report programs. The authorities for collection are being expanded to
include Section 221(a) of the FAA Modernization Act of 2012 which
provides for the establishment of the ADS-B incentive program which is
in the interest of achieving next generation capabilities for such
aircraft. The purpose section is being updated to reflect the data
collected and used by the FAA necessary validate aircraft eligibility
for the ADS-B rebate program and to send payment to the aircraft
owner`s address of record. The data collected and utilized includes
information previously provided by aircraft owners during aircraft
registration process and maintained in the CAR as well as the separate
collection of.name, home address and aircraft tail number. In addition,
to support of the ADS-B Rebate program the information contained in
these systems will be used by the FAA to provide program oversight and
perform statistical analysis of various parameters of the FAA ADS-B
Program in support of FAA's safety programs and agency management. The
storage and safeguarding sections of this SORN are being updated to
reflect that payment information is being stored at a third party
vendor location to issue a rebate to aircraft owners in connection with
the ADS-B rebate program.
    The records retention section is being updated to reflect the
proposed records schedule for the ADS-B rebate, CM programs and ADS-B/
TIS-B/FIS-B Problem Reports. Finally the retrievability section is
being updated because the ADS-B rebate program and ADS-B CM records are
retrieved by the aircraft registration number. Additional non-
substantive modifications have been made to the SORN text to provide
clarity.

II. Privacy Act

    The Privacy Act (5 U.S.C. 552a) governs the means by which the
Federal Government collects, maintains, and uses personally
identifiable information (PII) in a System of Records. A ``System of
Records'' is a group of any records under the control of a Federal
agency from which information about individuals is retrieved by name or
other personal identifier. The Privacy Act requires each agency to
publish in the Federal Register a System of Records notice (SORN)
identifying and describing each System of Records the agency maintains,
including the purposes for which the agency uses PII in the system, the
routine uses for which the agency discloses such information outside
the agency, and how individuals to whom a Privacy Act record pertains
can exercise their rights under the Privacy Act (e.g., to determine if
the system contains information about them and to contest inaccurate
information).
    In accordance with 5 U.S.C. 552a(r), DOT has provided a report of
this system of records to the Office of Management and Budget and to
Congress.
System of Records
    Department of Transportation (DOT)/FAA--801.

SYSTEM NAME:
    Department of Transportation (DOT)/ALL--801, Aviation Registration
Records.

SECURITY CLASSIFICATION:
    Unclassified, sensitive.

SYSTEM LOCATION:
    Aircraft Registration Branch, Federal Aviation Administration, Mike
Monroney Aeronautical Center, Oklahoma City, OK 73125.
    FAA UAS Registration Service is a contractor managed system and the
records are located by the contract manager: Aircraft Registration
Branch, Federal Aviation Administration, Mike Monroney Aeronautical
Center, Oklahoma City, OK 73125.
    FAA ADS-B CM database, the GA ADS-B Rebate application database,
the ADS-B/TIS-B/FIS-B Problem Report database, and associated records
are located at FAA William J. Hughes Technical Center. 101 Atlantic
City International Airport, Egg Harbor Township, New Jersey 08405.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Aircraft owners, lien holders, and lessees.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Aircraft Registration Numbers; Aircraft manufacturer name, model,
serial numbers, Registered owner name, address, email, telephone
number; Registration Information: (Status: Pending, valid, expired,
canceled; type of ownership: Individual, partnership, corporate,
government, co-owned; dates: Registration and expiry; airworthiness:
Type, status, date); Aircraft registration documents; Instruments
affecting aircraft ownership, loan, lien, or lease interests;
Applications for airworthiness; Major repair and alteration reports;
Registered owner credit card information (FAA UAS Registration Service
user only). ADS-B Rebate Reports (including but not limited to Rebate
Reservation Code; Incentive Code, and user-specified date of validation
flight); ADS-B/TIS-B/FIS-B Problem Reports including name, email
address, and information about

the reported issue/problem, including location and aircraft avionics
equipage from pilots.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    i. 49 U.S.C. 44102, Registration requirements
    ii. 49 U.S.C. 44103, Registration of aircraft
    iii. 49 U.S.C. 44104, Registration of aircraft components and
dealer's certificates of registration
    iv. 49 U.S.C. 44105, Suspension and revocation of aircraft
certificates
    v. 49 U.S.C. 44106, Revocation of aircraft certificates for
controlled substance violations
    vi. 49 U.S.C. 44107, Recordation of conveyances, leases, and
security instruments
    vii. 49 U.S.C. 44110, Information about aircraft ownership and
rights
    viii. 49 U.S.C. 44111, Modifications in registration and
recordation system for aircraft not providing air transportation
    ix. 14 CFR parts 45, 47-49
    x. Section 221(a) of the FAA Modernization and Reform Act of 2012

PURPOSE(S):
    Provide a register of United States civil aircraft to aid in the
national defense and to support a safe and economically strong civil
aviation system, and to meet treaty requirements under the Convention
on International Civil Aviation, Annex 7. To determine that aircraft
are registered in accordance with the provisions of 49 U.S.C. 44103. To
support FAA safety programs and agency management. To aid law
enforcement and aircraft accident investigations. To serve as a
repository of legal documents to determine legal ownership of aircraft.
Provide aircraft owners and operators information about potential
mechanical defects or unsafe conditions of their aircraft in the form
of airworthiness directives. To aid in compliance with FAA standards
including but not limited to agency enforcement regulations. Educate
owners regarding safety requirements for operation. Receive and record
payment of aircraft registration fee. Determining eligibility for and
issuance of a rebate for equipage under the GA ADS-B Rebate Program.
After January 1, 2020, the FAA Flight Standards organization will
utilize the ADS-B Compliance Monitor in ongoing enforcement of agency
regulations. To communicate with aircraft pilots and owners regarding
reported ADS-B-related service issues.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to other disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DOT as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    1. To the public (including government entities, title companies,
financial institutions, international organizations, FAA designee
airworthiness inspectors, and others) information, including aircraft
owner's name, address, United States Registration Number, aircraft
type, legal documents related to title or financing of an aircraft, and
ADB-S summary reports. Email addresses, credit card information, and
telephone numbers of small unmanned aircraft system (sUAS) owners
registered under 14 CFR part 48 will not be disclosed pursuant to this
Routine Use. The public may only retrieve the name and address of
owners of sUAS registered under 14 CFR part 48 by the unique identifier
displayed on the aircraft.
    2. To law enforcement, when necessary and relevant to a FAA
enforcement activity.
    3. The Department has also published 14 additional routine uses
applicable to all DOT Privacy Act systems of records, including this
system. These routine uses are published in the Federal Register at 75
FR 82132, December 29, 2010, and 77 FR 42796, July 20, 2012, under
``Prefatory Statement of General Routine Uses'' (available at http://www.transportation.gov/privacy/privacyactnotices).

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Individual records for registered and canceled aircraft are
maintained in an electronic digital image system. Some canceled
aircraft records are stored as paper file folders until their
conversion to digital images is completed. Backup copies of imaged
records are stored at remote locations. ADS-B Rebate Web site records,
ADS-B/TIS-B/FIS-B Problem Report records, and ADS-B CM records are
maintained on the Electronic Data Centers Oracle Real Application
Clusters (RAC) Systems at FAA facilities. ADS-B rebate program payment
records are stored on the FAA servers.

RETRIEVABILITY:
    Records of registered and cancelled aircraft in the digital image
system may be retrieved by registration number, the manufacturer's
name, model, and serial-number, credit card transaction number, and by
the name of the current registered owner. Records are retrieved by the
aircraft description. Unconverted canceled records may be retrieved
using a former registration number and the manufacturer's name, model
and serial-number. ADS-B rebate program and ADS-CM records are
retrieved by the aircraft registration number. TIS-B/FIS-B records are
retrieved by the reporting pilot's name.

SAFEGUARDS:
    Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DOT automated
systems security and access policies. Strict controls have been imposed
to minimize the risk of compromising the information that is being
stored. Access to the computer system containing the records in this
system is limited to individuals who have a need to know the
information for the performance of their official duties and who have
appropriate clearances or permissions. Access to ADS-B CM Rebate and
ADS-B/TIS-B/FIS-B Problem Report records are limited to those with
appropriate security credentials, an authorized purpose, and need-to-
know. The FAA deploys role-based access controls in addition to other
protection measures reviewed and certified by the FAA's cybersecurity
professionals to maintain the confidentiality, integrity, and
availability requirements of the system.

RETENTION AND DISPOSAL:
    Aircraft registration records submitted under 14 CFR part 47 have
been deemed by the National Archives and Records Administration to be
of permanent value (see NARA Schedule N1-237-04-3). Paper copies of
registration submissions are destroyed once the original is scanned
into the system and the digital image is determined to be an adequate
substitute for paper records. Copies of the Aircraft Registration
system are transferred to NARA on an annual basis. The FAA has
submitted to NARA a recommended retention period for aircraft
registration records submitted under 14 CFR part 48 as permanent which
is consistent with the registration of manned aircraft. Until small UAS
registration records have been scheduled with NARA the FAA

will provide annual snapshots of the database to NARA to determine
historical value. The FAA (DAA-0237-2016-0008) proposes to maintain
most records created in support of the ADS-B Rebate Program for 3 years
after the program ends; payment records will be retained for 6 years;
The FAA will manage ADS-B related records as permanent records until
the proposed schedule is approved by NARA.

SYSTEM MANAGER(S) AND ADDRESS:
    Manager, Aircraft Registration Branch, AFS-750, Federal Aviation
Administration, Mike Monroney Aeronautical Center, P.O. Box 25082,
Oklahoma City, OK 73125. Manager, Automatic Dependent Surveillance--
Broadcast (ADS B) Program, AJM-2323 800 Independence Ave. SW.,
Washington, DC 20591.

NOTIFICATION PROCEDURE:
    Same as ``System manager.''

RECORD ACCESS PROCEDURES:
    Same as ``System manager.''

CONTESTING RECORD PROCEDURES:
    Same as ``System manager.''

RECORD SOURCE CATEGORIES:
    Individuals, manufacturers of aircraft, maintenance inspectors,
mechanics, and FAA officials. All forms associated with this system and
subject to the Paperwork Reduction Act have been approved by the Office
of Management and Budget (OMB) under the referenced information
collection requests; OMB control numbers, 2120-0024, 2120-0029, 2120-
0042, 2420-0043, 2120-0078, and 2120-0729.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

    Issued in Washington, DC.
Claire W. Barrett,
Departmental Chief Privacy Officer.
[FR Doc. 2016-19354 Filed 8-12-16; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 85, Number 162 (Thursday, August 20, 2020)]
[Rules and Regulations]
[Pages 51354-51357]
[FR Doc No: 2020-17155]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2019-0659; FRL-10012-03]

Fludioxonil; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of
fludioxonil in or on Brassica, leafy greens, subgroup 4-16B, except
watercress, at 15 parts per million (ppm); vegetable, Brassica, head
and stem, group 5-16 at 2 ppm; kohlrabi at 2 ppm; modifies the current
watercress tolerance from 7 ppm to 10 ppm; and removes existing
tolerances for Brassica, head and stem, subgroup 5A and Brassica, leafy
greens, subgroup 5B. Syngenta Crop Protection, LLC requested these
tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective August 20, 2020. Objections and
requests for hearings must be received on or before October 19, 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-2019-0659, 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<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>.
    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 L. 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-2019-0659 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
October 19, 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-2019-0659, 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 http://www.epa.gov/dockets/contacts.html. 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 February 10, 2020 (85 FR 7500) (FRL-
10005-02), 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
9F8754) by Syngenta Crop Protection, LLC, 410 Swing Road, Greensboro,
NC 27409. The petition requested that 40 CFR part 180 be amended by
establishing tolerances for residues of the fungicide fludioxonil, 4-
(2, 2-difluoro-1,3-benzodioxol-4-yl)-1H-pyrrole-3-carbonitrile, in or
on Brassica leafy greens subgroup 4-16B at 10.0 parts per million
(ppm); Vegetable, Head and Stem Brassica, Group 5-16 at 2.0 ppm; and
Kohlrabi at 2.0 ppm. The petition also requested that the following
established tolerances be removed: Brassica, leafy greens, subgroup 5B
at 10.0 ppm and Brassica, head and stem, subgroup 5A at 2.0 ppm. That
document referenced a summary of the petition prepared by Syngenta Crop
Protection, LLC, the registrant, which is available in the docket,
http://www.regulations.gov.
    Comments were received on the notice of filing. EPA's response to
these comments is discussed in Unit IV.C.
    Based upon review of the data supporting the petition, EPA is
establishing the requested tolerances, with slight modifications for
consistency with the Organisation for Economic Co-Operation and
Development (OECD) tolerance-rounding class practice and EPA's
commodity vocabulary and harmonization with the Codex Alimentarius
Commission (Codex). In addition, EPA is establishing tolerances for
watercress and subgroup 4-16B that vary slightly from what the
petitioner requested. The reasons for these changes are discussed 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 fludioxonil including exposure
resulting from the tolerances established by this action. EPA's
assessment of exposures and risks associated with fludioxonil follows.
    In the Federal Register on November 6, 2018 (83 FR 55491) (FRL-
9982-75), EPA published a final rule establishing a tolerance for
residues of the fungicide fludioxonil in or on beet, sugar, roots. That
document contains a summary of the toxicological profile and points of
departure, assumptions for exposure assessment, and the Agency's
determination concerning the children's safety factor, which have not
changed. Those discussions are incorporated by reference into this
document. The Agency conducted a revised risk assessment to incorporate
exposure to residues of fludioxonil from use on Brassica, leafy greens,
subgroup 4-16B; Vegetable, Brassica, head and stem, group 5-16; and
Kohlrabi.
    An acute dietary assessment was not performed because there were no
adverse effects resulting from a single oral exposure was identified
and no acute dietary endpoint was selected. Therefore, fludioxonil is
not expected to pose an acute risk. As to residue levels in food, an
unrefined chronic dietary exposure and risk assessment was conducted
assuming 100% percent crop treated (PCT) and tolerance-level residues
for all food commodities. EPA assessed the exposure in drinking water,
additional dietary exposure and the overall aggregate exposure.
    Chronic dietary risks are below the Agency's level of concern: 54%
of the chronic population-adjusted dose (cPAD) for children 1 to 2
years old, the population group receiving the greatest exposure.
Moreover, the short-term aggregate risk for the populations with the
highest total exposure margin of exposure (MOEs) of 15,000 for adults
and 4,600 for children 1 to 2 years old. Using the exposure assumptions
described for short-term exposures, EPA has concluded the combined
short-term food, water, and residential exposures result in aggregate
MOEs above the level of concern (LOC) of 100 for all scenarios assessed
and are not of concern.
    Intermediate- and long-term aggregate risk assessments were not
performed because there are no registered or proposed uses of
fludioxonil that result in intermediate- or long-term residential
exposures. The chronic aggregate exposure assessment consists of
exposure from food and water only.
    Therefore, based on the risk assessments and information described
above, EPA concludes there is a reasonable certainty that no harm will
result to the general population, including infants and children, from
aggregate exposure to fludioxonil residues. More detailed information
on the subject action to establish a tolerance in or on Brassica, leafy
greens, subgroup 4-16B; Vegetable, Brassica, head and stem, group 5-16;
and Kohlrabi can be found in the document entitled, ``Human Health Risk
Assessment for Section 3 Registration for Crop Group Conversions/
Expansions for Brassica, Leafy Greens, Subgroup 4-16B Vegetable and
Brassica, Head and Stem, Group 5-16 and to Establish an Individual
Tolerance on Kohlrabi'' 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-2019-0659.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology high-performance liquid
chromatography/ultraviolet (HPLC/UV) methods (Methods AG-597 and AG-
597B) are available for enforcing tolerances for fludioxonil on plant
commodities. Additionally, fludioxonil is recoverable by the Quick Easy
Cheap Effective Rugged and Safe (QuEChERS) multiresidue method using
HPLC with tandem mass spectrometry detection (MS/MS) for analysis. An
adequate liquid chromatography, tandem MS (LC-MS/MS) method (Analytical
Method GRM025.03A) is available for enforcing tolerances for residues
of fludioxonil in or on livestock commodities.
    The method may be requested from: Chief, Analytical Chemistry
Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD
20755-5350; telephone number:<PHONE_NUMBER>; 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 tolerance expressions are harmonized for the United States,
Canada, and Codex. Codex has adopted MRLs for many commodities
contained in subgroup 4-16B: 9 ppm on upland cress; 10 ppm on
watercress; 15 ppm on arugula; broccoli raab; cabbage, Chinese,
bokchoy; cabbage, Chinese, Napa; collards; cress, garden; kale; mizuna;
mustard greens; rape greens; turnip tops; and 20 ppm on radish tops.
EPA is establishing a tolerance at 15 ppm for subgroup 4-16B and 10 ppm
on watercress, which harmonizes most of the commodities in the group.
EPA is not harmonizing the U.S. tolerances for upland cress and radish
tops with the Codex MRLs because no data are available to EPA for those
commodities that would indicate a tolerance different than the crop
group tolerance would be appropriate. Codex has also adopted MRLs for
broccoli (0.7 ppm) and cabbage (2 ppm) which are both commodities in
the vegetable, Brassica, head and stem, group 5-16. The group 5-16
tolerance level of 2 ppm is harmonized with Codex for cabbage, but the
Codex MRL of 0.7 ppm for broccoli is too low to harmonize. There are no
Codex MRLs for residues of fludioxonil in or on kohlrabi.

C. Response to Comments

    EPA received two anonymous comments in response to the notice of
filing for fludioxonil proposed new uses. In summary, one comment
states that commodities need to be free from pesticides in order for us
to be safe. The other states that the product should not be sold, that
it is fluoride on plants, that no one needs to have fluoride ingested
from eating plants with pesticides, and that accumulation of pesticides
over many years kills people, and should not be authorized.
    In response to both comments, the Agency recognizes that some
individuals believe that pesticides should be banned on agricultural
crops. However, the existing legal framework provided by section 408 of
the Federal Food, Drug, and Cosmetic Act 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. In examining whether the pesticide is safe, EPA has
evaluated hazard and exposure data and conducted dietary, residential,
and aggregate exposure assessments to estimate the risk to human health
that will result from all registered and proposed uses of fludioxonil.
Based on its assessment of the available information, EPA has concluded
that the tolerances for fludioxonil are safe. The commenter has
provided no information that would support an Agency determination that
these tolerances are not safe. Regarding the comment on fluoride: The
benzodioxole group remains intact during fludioxonil metabolism; i.e.,
all metabolites identified retained both fluorine atoms; therefore,
there is no exposure--and thus no risk from exposure--to fluoride.

D. Revisions to Petitioned-for Tolerances

    The petitioner requested a conversion of the existing subgroup
brassica, leafy greens subgroup 5B at 10 ppm to the new subgroup,
brassica, leafy greens, subgroup 4-16B at 10 ppm. EPA has decided to
establish this new subgroup tolerance at 15 ppm in order to harmonize
with a larger number of Codex MRLs for the commodities contained in
subgroup 4-16B, with the exception of watercress. Watercress is not a
commodity in subgroup 5B; therefore, EPA had previously established a
separate tolerance for watercress, which was lower than the subgroup 5B
tolerance. At the request of the petitioner, EPA is retaining the
separate tolerance for watercress, rather than simply covering residues
in or on watercress as part of the subgroup, but is increasing that
separate tolerance to 10 ppm, which is in line with the petitioner's
request to establish the subgroup 4-16B tolerance at 10 ppm (since
watercress is a commodity covered by that subgroup) and harmonized with
the Codex MRL for watercress.

V. Conclusion

    Therefore, tolerances are established for residues of fludioxonil:
[4-(2, 2-difluoro-1,3-benzodioxol-4-yl)-1H-pyrrole-3-carbonitrile], in
or on brassica, leafy greens, subgroup 4-16B, except watercress at 15
ppm; vegetable, brassica, head and stem, group 5-16 at 2 ppm; and
kohlrabi at 2 ppm. In addition, EPA is revising the existing tolerance
for watercress from 7.0 ppm to 10 ppm and removing existing tolerances
for brassica leafy greens subgroup 5B at 10.0 ppm and brassica, head
and stem, subgroup 5A at 2.0 ppm as they are superseded by the new
tolerances established in this rule.

VI. Statutory and Executive Order Reviews

    This action establishes and modifies tolerances under FFDCA section
408(d) in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this 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: July 16, 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.  180.516, paragraph (a)(1):
0
i. Add a heading to the table;
0
ii. Remove the entries for ``Brassica, head and stem, subgroup 5A'' and
``Brassica, leafy greens subgroup 5B'';
0
iii. Add alphabetically the entries ``Brassica, leafy greens, subgroup
4-16B, except watercress''; ``Kohlrabi'' and ``Vegetable, brassica,
head and stem, group 5-16''; and
0
iv. Revise the entry for ``Watercress''.
    The additions and revision read as follows:

Sec.  180.516  Fludioxonil; tolerance for residues.

    (a) * * *
    (1) * * *

                       Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
------------------------------------------------------------------------

                                * * * * *
Brassica, leafy greens, subgroup 4-16B, except watercress...          15

                                * * * * *
Kohlrabi....................................................           2

                                * * * * *
Vegetable, Brassica, head and stem, group 5-16..............           2

                                * * * * *
Watercress..................................................          10
------------------------------------------------------------------------

* * * * *
[FR Doc. 2020-17155 Filed 8-19-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 184 (Thursday, September 22, 2011)]
[Notices]
[Page 58821]
[FR Doc No: 2011-24322]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4025-DR; Docket ID FEMA-2011-0001]

Pennsylvania; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the Commonwealth of Pennsylvania (FEMA-4025-DR), dated September 3,
2011, and related determinations.

DATES: Effective Date: September 13, 2011.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the Commonwealth of Pennsylvania is hereby amended to include the
following areas among those areas determined to have been adversely
affected by the event declared a major disaster by the President in his
declaration of September 3, 2011.

    Delaware, Luzerne, and Philadelphia Counties for Public
Assistance, including direct Federal assistance (already designated
for Individual Assistance).
    Pike and Wayne Counties for Public Assistance, including direct
Federal assistance.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-24322 Filed 9-21-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Notices]
[Pages 29123-29124]
[FR Doc No: 2023-09604]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas & Oil Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP23-734-000.
    Applicants: Southern Star Central Gas Pipeline, Inc.
    Description: Sec.  4(d) Rate Filing: Vol. 2--Neg and Conforming
Rate Agreements--Tenaska PLS to be effective 5/1/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5253.
    Comment Date: 5 p.m. ET 5/10/23.

    Docket Numbers: RP23-735-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement
Update (Hartree May 2023) to be effective 5/1/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5350.
    Comment Date: 5 p.m. ET 5/10/23.

    Docket Numbers: RP23-736-000.
    Applicants: Ruby Pipeline, L.L.C.
    Description: Sec.  4(d) Rate Filing: RP 2023-04-28 FL&U and EPC
Rate Adjustment to be effective 6/1/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5361.
    Comment Date: 5 p.m. ET 5/10/23.

    Docket Numbers: RP23-737-000.
    Applicants: Ruby Pipeline, L.L.C.
    Description: Sec.  4(d) Rate Filing: RP 2023-04-28 Negotiated Rate
Agreement to be effective 6/1/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5363.
    Comment Date: 5 p.m. ET 5/10/23.

    Docket Numbers: RP23-738-000.
    Applicants: Tennessee Gas Pipeline Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Volume No. 2--Mex Gas SP384402
to be effective 5/1/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5375.
    Comment Date: 5 p.m. ET 5/10/23.

    Docket Numbers: RP23-740-000.

    Applicants: East Cheyenne Gas Storage, LLC.
    Description: Compliance filing: ECGS 2023-04-28 Annual Purchases
and Sales Report to be effective N/A.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5391.
    Comment Date: 5 p.m. ET 5/10/23.

    Docket Numbers: RP23-741-000.
    Applicants: Discovery Gas Transmission LLC.
    Description: Annual Imbalance Cash Out Report of Discovery Gas
Transmission LLC.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5435.
    Comment Date: 5 p.m. ET 5/10/23.

    Docket Numbers: RP23-742-000.
    Applicants: Southeast Supply Header, LLC.
    Description: Sec.  4(d) Rate Filing: 2023 SESH TUP/SBA Annual
Filing to be effective 6/1/2023.
    Filed Date: 5/1/23.
    Accession Number: 20230501-5014.
    Comment Date: 5 p.m. ET 5/15/23.

    Docket Numbers: RP23-743-000.
    Applicants: Alliance Pipeline L.P.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Various May
1 2023 Releases to be effective 5/1/2023.
    Filed Date: 5/1/23.
    Accession Number: 20230501-5024.
    Comment Date: 5 p.m. ET 5/15/23.

    Docket Numbers: RP23-744-000.
    Applicants: Maritimes & Northeast Pipeline, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Northern to
Direct Energy 2848 eff 5-1-23 to be effective 5/1/2023.
    Filed Date: 5/1/23.
    Accession Number: 20230501-5083.
    Comment Date: 5 p.m. ET 5/15/23.

    Docket Numbers: RP23-745-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Various
Releases eff 5-1-23 to be effective 5/1/2023.
    Filed Date: 5/1/23.
    Accession Number: 20230501-5100.
    Comment Date: 5 p.m. ET 5/15/23.

    Docket Numbers: RP23-746-000.
    Applicants: NEXUS Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Various
Releases eff 5-1-2023 to be effective 5/1/2023.
    Filed Date: 5/1/23.
    Accession Number: 20230501-5116.
    Comment Date: 5 p.m. ET 5/15/23.

    Docket Numbers: RP23-747-000.
    Applicants: Rover Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: Summary of Negotiated Rate
Capacity Release Agreements 5-1-23 to be effective 5/1/2023.
    Filed Date: 5/1/23.
    Accession Number: 20230501-5123.
    Comment Date: 5 p.m. ET 5/15/23.

    Docket Numbers: RP23-748-000.
    Applicants: Sabal Trail Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: 2023 TUP/SBA Annual Filing to
be effective 6/1/2023.
    Filed Date: 5/1/23.
    Accession Number: 20230501-5132.
    Comment Date: 5 p.m. ET 5/15/23.

    Docket Numbers: RP23-749-000.
    Applicants: MountainWest Overthrust Pipeline, LLC.
    Description: Sec.  4(d) Rate Filing: Modifications to Priority of
Service Procedures to be effective 7/1/2023.
    Filed Date: 5/1/23.
    Accession Number: 20230501-5133.
    Comment Date: 5 p.m. ET 5/15/23.

    Docket Numbers: RP23-750-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Capacity
Release Agreements--5/1/2023 to be effective 5/1/2023.
    Filed Date: 5/1/23.
    Accession Number: 20230501-5210.
    Comment Date: 5 p.m. ET 5/15/23.

    Docket Numbers: RP23-751-000.
    Applicants: Northern Border Pipeline Company.
    Description: Compliance filing: Company Use Gas Adjustment Annual
Report to be effective N/A.
    Filed Date: 5/1/23.
    Accession Number: 20230501-5214.
    Comment Date: 5 p.m. ET 5/15/23.

    Docket Numbers: RP23-752-000.
    Applicants: Gulf South Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmt (Osaka
46429 to Texla 56308) to be effective 5/1/2023.
    Filed Date: 5/1/23.
    Accession Number: 20230501-5215.
    Comment Date: 5 p.m. ET 5/15/23.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 1, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-09604 Filed 5-4-23; 8:45 am]
BILLING CODE 6717-01-P