[Federal Register Volume 78, Number 96 (Friday, May 17, 2013)]
[Rules and Regulations]
[Pages 29034-29041]
[FR Doc No: 2013-11871]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2003-0118; FRL-9813-6]
RIN 2060-AG12

Protection of Stratospheric Ozone: Determination 28 for
Significant New Alternatives Policy Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Determination of Acceptability.

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SUMMARY: This Determination of Acceptability expands the list of
acceptable substitutes for ozone-depleting substances under the U.S.
Environmental Protection Agency's (EPA) Significant New Alternatives
Policy (SNAP) program. The determinations concern new substitutes for
use in the refrigeration and air conditioning; foam blowing; solvent
cleaning; adhesives, coatings and inks; and fire suppression sectors.

DATES: This determination is effective on May 17, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2003-0118 (continuation of Air Docket A-91-42). All
electronic documents in the docket are listed in the index at http://www.regulations.gov. Although listed in the index, some information is
not publicly available, i.e., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Publicly available docket materials are available either electronically
at http://www.regulations.gov or in hard copy at the EPA Air Docket
(No. A-91-42), EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>, and the telephone
number for the Air Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Margaret Sheppard by telephone at
(202) 343-9163, by facsimile at<PHONE_NUMBER>, by email at
<EMAIL_ADDRESS>or by mail at U.S. Environmental Protection
Agency, Mail Code 6205J, 1200 Pennsylvania Avenue NW., Washington, DC
20460. Overnight or courier deliveries should be sent to the office
location at 1310 L Street NW., 10th floor, Washington, DC 20005.
    For more information on the Agency's process for administering the
SNAP program or criteria for evaluation of substitutes, refer to the
original SNAP rulemaking published in the Federal Register on March 18,
1994 (59 FR 13044). Notices and rulemakings under the SNAP program, as
well as other EPA publications on protection of stratospheric ozone,
are available at EPA's Ozone Depletion World Wide Web site at http://www.epa.gov/ozone/ including the SNAP portion at http://www.epa.gov/ozone/snap/.

SUPPLEMENTARY INFORMATION:

I. Listing of New Acceptable Substitutes
    A. Refrigeration and Air Conditioning
    B. Foam Blowing
    C. Solvent Cleaning
    D. Adhesives, Coatings and Inks
    E. Fire Suppression
II. Section 612 Program
    A. Statutory Requirements and Authority for the SNAP Program
    B. EPA's Regulations Implementing Section 612
    C. How the Regulations for the SNAP Program Work
    D. Additional Information About the SNAP Program
Appendix A--Summary of Decisions for New Acceptable Substitutes

I. Listing of New Acceptable Substitutes

    This section presents EPA's most recent acceptable listing
decisions for substitutes in the refrigeration and air conditioning;
foam blowing; solvent cleaning; adhesives, coatings and inks; and fire
suppression sectors. For copies of the full list of substitutes in all
of the regulated industrial sectors, visit EPA's Ozone Layer Protection
Web site at http://www.epa.gov/ozone/snap/lists/index.html.
    The sections below discuss each substitute listing in detail.
Appendix A contains a table summarizing today's listing decisions for
new substitutes. The statements in the ``Further Information'' column
in the table provide additional information but are not legally binding
under section 612 of the Clean Air Act (CAA). In addition, the
``further information'' may not be a comprehensive list of other legal
obligations you may need to meet when using the substitute. Although
you are not required to follow recommendations in the ``further
information'' column of the table to use a substitute consistent with
section 612 of the CAA, EPA strongly encourages you to apply the
information when using these substitutes. In many instances, the
information simply refers to standard operating practices in existing
industry and/or building-code standards. However, some of these
statements may refer to obligations that are enforceable or binding
under federal or state programs other than the SNAP program. Many of
these statements, if adopted, would not require significant changes to
existing operating practices.
    You can find submissions to EPA for the use of the substitutes
listed in this document and other materials supporting the decisions in
this action in docket EPA-HQ-OAR-2003-0118 at http://www.regulations.gov.
    As described in this document and elsewhere, including the original
SNAP rulemaking published in the Federal Register at 59 FR 13044 on
March 18, 1994, the SNAP program evaluates substitutes within a
comparative risk framework. The SNAP program compares new substitutes
both to the ozone-depleting substances being phased out under the
Montreal Protocol on Substances that Deplete the Ozone Layer and the
CAA and to other available or potentially available alternatives for
the same end uses. The environmental and health risk factors that the
SNAP program considers include ozone depletion potential, flammability,
toxicity, occupational and consumer health and safety, as well as
contributions to global warming and other environmental factors.
Environmental and human health exposures can vary significantly
depending on the particular application of a substitute--and over time,
information applicable to a substitute can change. This approach does
not imply fundamental tradeoffs with respect to different types of
risk, either to the environment or to human health. EPA recognizes that
during the nearly two- decade long history of the SNAP program, new
alternatives and new information about alternatives have emerged. To
the extent possible, EPA considers new information and improved
understanding of the risk factors for the environment and human health
in the context of the available or potentially available alternatives
for a given use.

A. Refrigeration and Air Conditioning

1. R-442A (RS-50)
    EPA's decision: EPA finds R-442A acceptable as a substitute for use
in retrofit equipment in:

 Ice skating rinks
 Commercial ice machines
 Retail food refrigeration (rack refrigeration systems only)
R-442A is a blend by weight of 31.1 percent hydrofluorocarbon (HFC)-
125, which is also known as 1,1,1,2,2-pentafluoroethane (Chemical
Abstracts Service Registry Number [CAS Reg. No.] 354-33-6), 30.0
percent HFC-134a, which is also known as 1,1,1,2-tetrafluoroethane (CAS
Reg. No. 811-97-2), 3.0 percent R-152a, which is also known as 1,1-
difluoroethane (CAS Reg. No. 75-37-6)], 5.0 percent HFC-227ea, which is
also known as 1,1,1,2,3,3,3-heptafluoropropane (CAS Reg. No. 431-89-0),
and 31.1 percent HFC-32, which is also known as difluoromethane (CAS
Reg. No. 75-10-5). You may find the submission under Docket item EPA-
HQ-OAR-2003-0118-0286 at http://www.regulations.gov.
    Environmental information: R-442A has no ozone depletion potential
(ODP). Its components (HFC-134a, HFC-125, HFC-227ea, HFC-32 and HFC-
152a) have 100-year integrated (100-yr) global warming potentials
(GWPs) of 1430,\1\ 3500, 3220, 675 and 124 respectively. If these
values are weighted by the mass percentage of the components, then R-
442A has a GWP of about 1890. All components of R-442A are exempt from
the definition of volatile organic compounds (VOC) under CAA
regulations (see 40 CFR 51.100(s)) addressing the development of State
Implementation Plans (SIPs) to attain and maintain the national ambient
air quality standards. The emissions of this refrigerant will be
limited given it is subject to the venting prohibition under section
608(c)(2) of the CAA and EPA's implementing regulations codified at 40
CFR 82.154(a)(1).
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    \1\ Unless otherwise stated, all GWPs in this document are from:
IPCC, 2007: Climate Change 2007: The Physical Science Basis.
Contribution of Working Group I to the Fourth Assessment Report of
the Intergovernmental Panel on Climate Change [Solomon, S., D. Qin,
M. Manning, Z. Chen, M. Marquis, K.B. Averyt, M. Tignor and H.L.
Miller (eds.)]. Cambridge University Press, Cambridge, United
Kingdom and New York, NY, USA. This document is accessible at http://www.ipcc.ch/publications_and_data/ar4/wg1/en/contents.html.
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    Flammability information: While some components are flammable, R-
442A as formulated and in the worst-case fractionation formulation is
not flammable.
    Toxicity and exposure data: Potential health effects of this
substitute include drowsiness, incoordination or dizziness. The
substitute may also irritate the skin or eyes or cause frostbite. At
sufficiently high concentrations, the substitute may cause irregular
heartbeat. The substitute could cause asphyxiation if air is displaced
by vapors in a confined space. These potential health effects are
common to many refrigerants.
    EPA anticipates that R-442A will be used consistent with the
recommendations specified in the Material Safety Data Sheets (MSDSs)
for the blend and for the individual components. For the blend, the
manufacturer recommends an acceptable exposure limit (AEL) of 1000 ppm
on an 8-hour time-weighted average (8-hr TWA). For HFC-134a, HFC-125,
HFC-32 and HFC-152a, the American Industrial Hygiene Association (AIHA)
recommends workplace environmental exposure limits (WEELs) of 1000 ppm
on an 8-hr TWA. In addition, the manufacturer of HFC-227ea recommends
an AEL of 1000 ppm on an 8-hr TWA. EPA anticipates that users will be
able to meet workplace exposure limits (WEELs and manufacturer AELs)
and address potential health risks by following

requirements and recommendations in the MSDS and other safety
precautions common to the refrigeration and air conditioning industry.
    Comparison to other refrigerants: R-442A is not ozone-depleting,
comparable to a number of other acceptable non-ozone-depleting
substitutes for these end uses such as HFC-134a, R-410A, and R-404A. R-
442A's lack of ozone depletion potential is in contrast to some other
substitutes, such as R-401A, R-414A and other blends containing HCFC-22
or HCFC-142b \2\ with ODPs ranging from about 0.01 to about 0.047, and
HCFC-22 (with an ODP of 0.04 \3\), an ozone-depleting substance which
it replaces. R-442A's GWP of about 1890 is lower than or comparable to
that of a number of other substitutes in the same refrigeration and air
conditioning end uses for which we are finding it acceptable. For
example, the GWP for R-442A is lower than that of R-404A with a GWP of
3930 and comparable to that of R-410A with a GWP of 2100. R-442A's GWP
is, however, higher than that of HFC-134a with a GWP of 1430. The GWP
of R-442A is also comparable to those of ozone depleting substances it
is replacing, such as HCFC-22 with a GWP of 1810. Flammability and
toxicity risks are low, as discussed above, if used in accordance with
the MSDSs. EPA finds R-442A acceptable for retrofit equipment in the
end uses listed above because the overall environmental and human
health risk posed by R-442A is lower than or comparable to the risks
posed by other substitutes found acceptable in the same end uses for
retrofit equipment.
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    \2\ Under EPA's phaseout regulations, virgin HCFC-22, HCFC-142b
and blends containing HCFC-22 or HCFC-142b may only be used to
service existing appliances. Consequently, virgin HCFC-22, HCFC-142b
and blends containing HCFC-22 or HCFC-142b may not be used to
manufacture new pre-charged appliances or appliance components or to
charge new appliances assembled onsite.
    \3\ Unless otherwise stated, all ODPs in this document are from
WMO (World Meteorological Organization), 2010. Scientific Assessment
of Ozone Depletion: 2010, Global Ozone Research and Monitoring
Project--Report No. 52, 516 pp., Geneva, Switzerland, 2011. This
document is accessible at http://www.wmo.int/pages/prog/arep/gaw/ozone_2010/ozone_asst_report.html.
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B. Foam Blowing

1. Commercial Blends of HFC-365mfc and HFC-227ea (Solkane[supreg] 365/
227)
    EPA's decision: EPA finds commercial blends of HFC-365mfc and HFC-
227ea, containing 7% to 13% HFC-227ea and the remainder HFC-365mfc, are
acceptable as substitutes in:

 Rigid polyurethane spray
 Extruded polystyrene, boardstock and billet

    HFC-365mfc is also known as 1,1,3,3,3-pentafluoropropane (CAS Reg.
No. 138495-42-8), and HFC-227ea is also known as 1,1,1,2,3,3,3-
heptafluoropropane (CAS Reg. No. 431-89-0). The manufacturer produces
two commercial blends for foam blowing, one containing 93% HFC-365mfc
and 7% HFC-227ea and the other containing 87% HFC-365mfc and 13% HFC-
227ea, and these are marketed under the trade name Solkane[supreg] 365/
227. You may find the submission under Docket item EPA-HQ-OAR-2003-
0118-0278 at http://www.regulations.gov. EPA previously listed HFC-
365mfc as an acceptable substitute for a number of foam blowing end
uses (September 30, 2009; 74 FR 50129).
    Environmental information: Blends of HFC-365mfc and HFC-227ea have
no ODP. HFC-365mfc and HFC-227ea have 100-yr GWPs of 794 and 3220
respectively. The commercial blends of these components, if weighted by
mass percentage, have GWPs of roughly 900 to 1100. Both HFC-365mfc and
HFC-227ea are exempt from the definition of VOC under CAA regulations
(see 40 CFR 51.100(s)) addressing the development of SIPs to attain and
maintain the national ambient air quality standards.
    Flammability information: By itself, HFC-365mfc is flammable. The
commercial blends of HFC-365mfc and HFC-227ea are not flammable as
formulated. However, care should be taken to follow all precautions in
the MSDS and any guidance from the manufacturer, in cases where the
non-flammable HFC-227ea may evaporate before the flammable component
HFC-365mfc evaporates, especially with open containers of blowing agent
or polyol premix.
    Toxicity and exposure data: Potential health effects of this
substitute include drowsiness or dizziness. The substitute may also
irritate the skin or eyes or cause frostbite. At sufficiently high
concentrations, the substitute may cause irregular heartbeat,
unconsciousness or death. The substitute could cause asphyxiation if
air is displaced by vapors in a confined space. These potential health
effects are common to many foam blowing agents.
    EPA anticipates that commercial blends of HFC-365mfc and HFC-227ea
will be used consistent with the recommendations specified in the MSDSs
for the blend and for the individual components. For HFC-365mfc, HFC-
227ea and for the blends, the manufacturer recommends an AEL of 1000
ppm on an 8-hr TWA. EPA anticipates that users will be able to meet the
manufacturer's AELs and address potential health risks by following
requirements and recommendations in the MSDS and other safety
precautions common in the foam blowing industry.
    Comparison to other foam blowing agents: Commercial blends of HFC-
365mfc and HFC-227ea are non-ozone depleting, comparable to a number of
other acceptable non-ozone-depleting substitutes for these end uses,
such as HFC-245fa, ecomateTM and CO2. Commercial
blends of HFC-365mfc and HFC-227ea have no ODP, compared to the
acceptable substitute trans-1-chloro-3,3,3-trifluoroprop-1-ene with an
ODP of approximately 0.00024 to 0.00034. The blends' lack of ODP is in
contrast to an ODP of 1.0 for CFC-11 and an ODP of 0.12 \4\ for HCFC-
141b, ozone depleting substances which they replace. The GWPs of the
commercial blends of HFC-365mfc and HFC-227ea of 900 to 1100 are lower
than or comparable to those of some other substitutes in these end uses
such as HFC-134a with a GWP of 1430 and HFC-245fa with a GWP of 1030.
The GWP of the non-flammable commercial blends of HFC-365mfc and HFC-
227ea is higher than that for some other acceptable, but flammable,
substitutes such as HFC-365mfc \5\ alone with a GWP of 794, Exxsol
Blowing Agents with a GWP less than 10 and ecomateTM with a
GWP less than 5. The GWPs of the commercial blends of HFC-365mfc and
HFC-227ea of 900 to 1100 are higher than those of HCFC-141b with a GWP
of 725 and are lower than CFC-11's GWP of 4750. Flammability and
toxicity risks are low, as discussed above, if used in accordance with
the MSDSs. We find that commercial blends of HFC-365mfc and HFC-227ea
are acceptable because they do not pose a greater overall risk to
public health and the environment than the other substitutes acceptable
in the end uses listed above.
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    \4\ WMO (World Meteorological Organization), Scientific
Assessment of Ozone Depletion: 2006, Global Ozone Research and
Monitoring Project--Report No. 50, 572 pp., Geneva, Switzerland,
2007. This document is accessible at http://www.wmo.int/pages/prog/arep/gaw/ozone_2006/ozone_asst_report.html.
    \5\ HFC-365mfc alone is listed as acceptable in all foam blowing
end uses with the exception of spray foam.
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C. Solvent Cleaning

1. Trans-1-chloro-3,3,3-trifluoroprop-1-ene (SolsticeTM
1233zd(E))
    EPA's decision: EPA finds trans-1-chloro-3,3,3-trifluoroprop-1-ene
acceptable as a substitute in:

 Metals cleaning
 Electronics cleaning
 Precision cleaning

    Trans-1-chloro-3,3,3-trifluoroprop-1-ene ((E) -1-chloro-3,3,3-
trifluoroprop-1-ene, CAS Reg. No. 102687-65-0) is marketed under the
trade names SolsticeTM 1233zd(E) and SolsticeTM
Performance Fluid. EPA previously listed trans-1-chloro-3,3,3-
trifluoroprop-1-ene as an acceptable alternative for various CFCs and
HCFCs in a number of sectors and end uses (August 10, 2012, 77 FR
47768). You may find the redacted submission under Docket item EPA-HQ-
OAR-2003-0118-0285 (continuation of Air Docket A-91-42) at http://www.regulations.gov.
    Environmental information: SolsticeTM 1233zd(E) is not
regulated as an ODS but it has an ODP of 0.00024 to
0.00034.6 7 Estimates of this compound's potential to
deplete the ozone layer found that even with worst-case estimates of
emissions which assume that this compound would substitute for all
compounds it could replace, the impact on global atmospheric ozone
abundance would be statistically insignificant.\8\
SolsticeTM 1233zd(E) has a 100-yr GWP reported as 4.7 to 7
and an atmospheric lifetime of approximately 26 days.9 10
EPA has issued a proposed rule that, if finalized as proposed, would
exempt SolsticeTM 1233zd(E) from the definition of VOC under
CAA regulations (see 40 CFR 51.100(s)) addressing the development of
SIPs to attain and maintain the national ambient air quality standards
(February 15, 2013; 79 FR 11101, 11119).
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    \6\ Wang D., Olsen S., Wuebbles D. 2011. ``Preliminary Report:
Analyses of tCFP's Potential Impact on Atmospheric Ozone.''
Department of Atmospheric Sciences. University of Illinois, Urbana,
IL. September 26, 2011.
    \7\ Patten and Wuebbles, 2010. ``Atmospheric Lifetimes and Ozone
Depletion Potentials of trans-1-chloro-3,3,3-trichloropropylene and
trans-1,2-dichloroethylene in a three-dimensional model.'' Atmos.
Chem. Phys., 10, 10867-10874, 2010.
    \8\ Wang et al., 2011. Op. cit.
    \9\ Sulbaek, Andersen, Nilsson, Neilsen, Johnson, Hurley and
Wallington, ``Atmospheric chemistry of trans-CF3CH=CHCl: Kinetics of
the gas-phase reactions with Cl atoms, OH radicals, and
O3'', Jrnl of Photochemistry and Photobiology A:
Chemistry 199 (2008) 92-97; and Wang D., Olsen S., Wuebbles D.
Undated. ``Three-Dimensional Model Evaluation of the Global Warming
Potentials for tCFP.'' Department of Atmospheric Sciences.
University of Illinois, Urbana, IL. Draft report, undated.
    \10\ Wang et al. 2011 and Sulbaek Andersen et al., 2008. Op cit.
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    Flammability information: SolsticeTM 1233zd(E) is not
flammable.
    Toxicity and exposure data: Potential health effects of this
substitute include serious eye irritation, skin irritation, or
frostbite. It may cause central nervous system effects such as
drowsiness and dizziness. It could cause asphyxiation if air is
displaced by vapors in a confined space.
    EPA anticipates that SolsticeTM 1233zd(E) will be used
consistent with the recommendations specified in the manufacturer's
MSDS. The manufacturer recommends an AEL of 300 ppm (8-hr TWA) for
SolsticeTM 1233zd(E). EPA also developed a short-term
exposure limit (STEL) of 900 ppm over a 15-minute period, based on the
submitter's 300 ppm AEL value. EPA anticipates that users will be able
to meet the recommended workplace exposure limits (manufacturer's and
EPA's) and address potential health risks by following requirements and
recommendations in the MSDS and other safety precautions commonly used
in the solvent cleaning industry.
    Comparison to other cleaning solvents: SolsticeTM
1233zd(E) has an ODP of 0.00024 to 0.00034. This is higher than the ODP
of a number of acceptable non-ozone-depleting substitutes in these end
uses such as HFC-4310mee, HFE-7100, acetone, and aqueous cleaners. The
ODP of SolsticeTM 1233zd(E) is comparable to the ODPs of
trans-1,2-dichloroethylene and trichloroethylene and an order of
magnitude lower than the ODP of perchloroethylene, other substitutes in
the solvent cleaning sector that are not regulated as
ODS.11 12 SolsticeTM 1233zd(E)'s ODP is several
orders of magnitude lower than that of ozone-depleting substances it
replaces, including CFC-113, methyl chloroform, HCFC-225ca and HCFC-
225cb (ODPs ranging from 0.02 to 0.85). SolsticeTM
1233zd(E)'s GWP of 4.7 to 7 is lower than that of other substitutes in
the metals, precision and electronics cleaning end uses, such as HFC-
4310mee with a GWP of 1640 and HFE-7100 with a GWP of 297.
SolsticeTM 1233zd(E), a non-flammable compound, has a GWP
that is comparable to or slightly higher than that of some other
acceptable, but flammable, substitutes such as trans-1,2-
dichloroethylene with a GWP less than 10 and acetone with a GWP of less
than 1. Its climate impacts cannot be compared directly to those of
aqueous cleaners with no direct GWP. Furthermore, the GWP of
SolsticeTM 1233zd(E) is several orders of magnitude less
than those of ozone-depleting substances it replaces, including methyl
chloroform, CFC-113, HCFC-225ca and HCFC-225cb (GWPs ranging from 122
to 6,130). Flammability and toxicity risks are low, as discussed above,
if used in accordance with the MSDS. The potential health effects of
SolsticeTM 1233zd(E) are common to many solvents, including
many of those already listed as acceptable under SNAP. EPA finds trans-
1-chloro-3,3,3-trifluoroprop-1-ene (SolsticeTM 1233zd(E))
acceptable in the end uses listed above because the overall
environmental and human health risk posed by SolsticeTM
1233zd(E) is lower than or comparable to the risks posed by other
substitutes found acceptable in the same end uses.
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    \11\ Wuebbles and Patten, 2010. Atmospheric lifetimes and Ozone
Depletion Potentials of trans-1-chloro-3,3,3-trifluoropropylene and
trans-1,2-dichloroethylene in a three-dimensional model. Atmos.
Chem. Phys., 10, 10867-10874, 2010.
    \12\ WMO, 2010. Section <IP_ADDRESS>.
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D. Adhesives, Coatings and Inks

1. Trans-1-chloro-3,3,3-trifluoroprop-1-ene (SolsticeTM
1233zd(E))
    EPA's decision: EPA finds trans-1-chloro-3,3,3-trifluoroprop-1-ene
acceptable as a substitute carrier solvent in:

 Adhesives
 Coatings

    Trans-1-chloro-3,3,3-trifluoroprop-1-ene ((E) -1-chloro-3,3,3-
trifluoroprop-1-ene, Chemical Abstracts Service Registry Number [CAS
Reg. No.] 102687-65-0) is marketed under the trade names
SolsticeTM 1233zd(E) and SolsticeTM Performance
Fluid. EPA previously listed trans-1-chloro-3,3,3-trifluoroprop-1-ene
as an acceptable alternative for various CFCs and HCFCs in a number of
sectors and end uses (August 10, 2012, 77 FR 47768). You may find the
redacted submission under Docket item EPA-HQ-OAR-2003-0118-0285
(continuation of Air Docket A-91-42) at http://www.regulations.gov.
    Environmental information: The environmental information for this
substitute is set forth in the ``Environmental information'' section in
listing C.1. above.
    Flammability information: SolsticeTM 1233zd(E) is not
flammable.
    Toxicity and exposure data: The toxicity information for this
substitute is set forth in the ``Toxicity and exposure data'' section
in listing C.1. above.
    EPA anticipates that SolsticeTM 1233zd(E) will be used
consistent with the recommendations specified in the manufacturer's
MSDS. The manufacturer recommends an AEL of 300 ppm (8-hour TWA) for
SolsticeTM 1233zd(E). EPA also developed a STEL of 900 ppm
over a 15-minute period, based on the submitter's 300 ppm AEL value.
EPA anticipates that users will be able to meet the recommended
workplace exposure limits (manufacturer and EPA recommendations) and
address potential health risks by following

requirements and recommendations in the MSDS and other safety
precautions common when using adhesives or coatings.
    Comparison to other carrier solvents in adhesives and coatings:
SolsticeTM 1233zd(E) has an ODP of 0.00024 to 0.00034. This
is higher than the ODP of a number of substitutes in these end uses
such as HFE-7100, acetone and ultraviolet-cured formulations and is
comparable to the ODP of trans-1,2-dichloroethylene, another acceptable
substitute in the adhesives and coatings end uses that is not regulated
as an ODS.13 14 SolsticeTM 1233zd(E)'s ODP is
several orders of magnitude lower than those of ozone-depleting
substances it replaces, including methyl chloroform and HCFC-141b (ODPs
respectively of 0.16 and 0.012). SolsticeTM 1233zd(E)'s GWP
of 4.7 to 7 is lower than that of some substitutes in the adhesives and
coatings end uses, such as HFE-7100 with a GWP of 297.
SolsticeTM 1233zd(E), a non-flammable compound, has a GWP
that is comparable to or slightly higher than that of some other
acceptable, but flammable, substitutes such as trans-dichloroethylene
with a GWP less than 10 and acetone with a GWP of less than one. Its
climate impacts cannot be compared directly to those of ultraviolet-
cured formulations with no direct GWP. Furthermore, the GWP of
SolsticeTM 1233zd(E) is one to two orders of magnitude less
than those of methyl chloroform and HCFC-141b, ozone-depleting
substances in these end uses (GWPs ranging from 146 to 725).
Flammability and toxicity risks are low, as discussed above, if used in
accordance with the MSDS. The potential health effects of
SolsticeTM 1233zd(E) are common to many carrier solvents,
including many of those already listed as acceptable under SNAP. EPA
finds trans-1-chloro-3,3,3-trifluoroprop-1-ene (SolsticeTM
1233zd(E)) acceptable in the end uses listed above because the overall
environmental and human health risk posed by SolsticeTM
1233zd(E) is lower than or comparable to the risks posed by other
substitutes found acceptable in the same end uses.
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    \13\ Op cit.
    \14\ Op cit.
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E. Fire Suppression

1. K-Ace
    EPA's decision: EPA finds K-Ace acceptable as a substitute for
total flooding uses in both occupied and unoccupied areas.
    K-Ace is a blend by weight of 50% percent potassium acetate, which
is also known as C2H3KO2 (CAS Reg. No.
127-08-2), and 50% water (CAS Reg. No. 7732-18-5). You may find the
submission under Docket item EPA-HQ-OAR-2003-0118-0320 (continuation of
Air Docket A-91-42) at http://www.regulations.gov.
    Environmental information: K-Ace has no ODP and no GWP. K-Ace does
not contain any VOC as defined under CAA regulations (see 40 CFR
51.100(s)) addressing the development of SIPs to attain and maintain
the national ambient air quality standards.
    K-Ace is expected to aerosolize rapidly during expulsion from the
fire suppression system and then settle as a salt water film on
surfaces in the space being protected, rather than becoming airborne
and moving to surface waters. After settling, cleanup would involve
confining the release and recovering as much of the solution as
possible, and washing or rinsing of surfaces. During cleanup, we
recommend that discharges of K-Ace be disposed of in accordance with
local, state, and federal requirements and the manufacturer's MSDS.
    Flammability information: K-Ace is not flammable.
    Toxicity and exposure data: K-Ace is not expected to pose a risk to
human health, as the active ingredient is potassium acetate, which is
commonly used in pharmaceuticals, foods, and textiles. Potassium
acetate is approved by the U.S. Food and Drug Administration (FDA) as a
synthetic flavoring (21 CFR 172.515) and to treat diabetic ketoacidosis
via injection (FDA Application No. NDA 018896). Potassium acetate may
cause gastrointestinal discomfort or minor irritation to the eyes,
skin, or respiratory tract. Given the low toxicity of its constituents,
EPA expects no adverse health effects when the recommended safety
precautions and normal industry practices are applied and use of the
substitute is in accordance with the manufacturer's MSDS. To minimize
worker exposure to any chemicals during manufacture, installation, and
maintenance through an accidental release or spill, EPA has outlined
the following recommendations in accordance with established good
manufacturing practices:
     Training in safe handling procedures for employees that
would likely handle containers of K-Ace or extinguishing units filled
with the material;
     Use of PPE selected in accordance with the OSHA Technical
Manual by employees handling the proposed substitute;
     Adequate ventilation;
     Clean-up of all spills immediately in accordance with good
industrial hygiene practices.
    Comparison to other fire suppressants: K-Ace has no ODP or GWP. K-
Ace's ODP of zero is comparable to those of other acceptable non-ozone-
depleting substitutes for this end use, such as Cold Fire[supreg],
Inert Gas 541, HFC-227ea, and HFC-125, and in contrast to Halon 1301,
an ODS which it replaces, with an ODP of 16.. K-Ace's GWP of zero is
less than that of a number of other acceptable substitutes for this end
use, such as HFC-227ea with a GWP of 3220 and HFC-125 with a GWP of
3500 and is comparable to that of other acceptable substitutes for this
end use, such as Cold Fire[supreg] with a GWP of 0 and Inert Gas 541
with a GWP of 0. Furthermore, K-Ace's GWP is lower than that of Halon
1301, an ODS it replaces, with a direct GWP of 7140. Toxicity risks are
low, as discussed above, if used in accordance with the MSDS. EPA finds
K-Ace acceptable in the end use listed above because the overall
environmental and human health risk posed by K-Ace is lower than or
comparable to the risks posed by other substitutes found acceptable in
the same end use.

II. Section 612 Program

A. Statutory Requirements and Authority for the SNAP Program

    Section 612 of the Clean Air Act (CAA) requires EPA to develop a
program for evaluating alternatives to ozone-depleting substances
(ODSs). EPA refers to this program as the Significant New Alternatives
Policy (SNAP) program. The major provisions of section 612 are:
1. Rulemaking
    Section 612(c) requires EPA to promulgate rules making it unlawful
to replace any class I substance (chlorofluorocarbon, halon, carbon
tetrachloride, methyl chloroform, and hydrobromofluorocarbon) or class
II substance (hydrochlorofluorocarbon) with any substitute that the
Administrator determines may present adverse effects to human health or
the environment where the Administrator has identified an alternative
that (1) reduces the overall risk to human health and the environment,
and (2) is currently or potentially available.
2. Listing of Unacceptable/Acceptable Substitutes
    Section 612(c) requires EPA to publish a list of the substitutes
unacceptable for specific uses and to publish a corresponding list of

acceptable alternatives for specific uses. The list of acceptable
substitutes may be found at http://www.epa.gov/ozone/snap/lists/index.html and the lists of ``unacceptable,'' ``acceptable subject to
use conditions,'' and ``acceptable subject to narrowed use limits''
substitutes are found in the appendices to subpart G of 40 CFR part 82.
3. Petition Process
    Section 612(d) grants the right to any person to petition EPA to
add a substance to, or delete a substance from, the lists published in
accordance with section 612(c). The Agency has 90 days to grant or deny
a petition. Where the Agency grants the petition, EPA must publish the
revised lists within an additional six months.
4. 90-Day Notification
    Section 612(e) directs EPA to require any person who produces a
chemical substitute for a class I substance to notify the Agency not
less than 90 days before new or existing chemicals are introduced into
interstate commerce for significant new uses as substitutes for a class
I substance. The producer must also provide the Agency with the
producer's unpublished health and safety studies on such substitutes.
5. Outreach
    Section 612(b)(1) states that the Administrator shall seek to
maximize the use of federal research facilities and resources to assist
users of class I and II substances in identifying and developing
alternatives to the use of such substances in key commercial
applications.
6. Clearinghouse
    Section 612(b)(4) requires the Agency to set up a public
clearinghouse of alternative chemicals, product substitutes, and
alternative manufacturing processes that are available for products and
manufacturing processes which use class I and II substances.

B. EPA's Regulations Implementing Section 612

    On March 18, 1994, EPA published the original rulemaking (59 FR
13044) which established the process for administering the SNAP program
and issued EPA's first lists identifying acceptable and unacceptable
substitutes in the major industrial use sectors (subpart G of 40 CFR
part 82). These sectors--refrigeration and air conditioning; foam
blowing; cleaning solvents; fire suppression and explosion protection;
sterilants; aerosols; adhesives, coatings and inks; and tobacco
expansion--are the principal industrial sectors that historically
consumed the largest volumes of ODS.
    Section 612 of the CAA requires EPA to list as acceptable those
substitutes that do not present a significantly greater risk to human
health and the environment as compared with other substitutes that are
currently or potentially available.

C. How the Regulations for the SNAP Program Work

    Under the SNAP regulations, anyone who plans to market or produce a
substitute to replace a class I substance or class II substance in one
of the eight major industrial use sectors must provide notice to the
Agency, including health and safety information on the substitute, at
least 90 days before introducing it into interstate commerce for
significant new use as an alternative. 40 CFR 82.176(a). This
requirement applies to the persons planning to introduce the substitute
into interstate commerce,\15\ which typically are chemical
manufacturers but may include importers, formulators, equipment
manufacturers, and end-users when they are responsible for introducing
a substitute into commerce.\16\ The 90-day SNAP review process begins
once EPA receives the submission and determines that the submission
includes complete and adequate data. 40 CFR 82.180(a). The CAA and the
SNAP regulations, 40 CFR 82.174(a), prohibit use of a substitute
earlier than 90 days after notice has been provided to the Agency.
---------------------------------------------------------------------------

    \15\ As defined at 40 CFR 82.104, ``interstate commerce'' means
the distribution or transportation of any product between one state,
territory, possession or the District of Columbia, and another
state, territory, possession or the District of Columbia, or the
sale, use or manufacture of any product in more than one state,
territory, possession or District of Columbia. The entry points for
which a product is introduced into interstate commerce are the
release of a product from the facility in which the product was
manufactured, the entry into a warehouse from which the domestic
manufacturer releases the product for sale or distribution, and at
the site of United States Customs clearance.
    \16\ As defined at 40 CFR 82.172, ``end-use'' means processes or
classes of specific applications within major industrial sectors
where a substitute is used to replace an ODS.
---------------------------------------------------------------------------

    The Agency has identified four possible decision categories for
substitutes that are submitted for evaluation: acceptable; acceptable
subject to use conditions; acceptable subject to narrowed use limits;
and unacceptable \17\ (40 CFR 82.180(b)). Use conditions and narrowed
use limits are both considered ``use restrictions'' and are explained
below. Substitutes that are deemed acceptable with no use restrictions
(no use conditions or narrowed use limits) can be used for all
applications within the relevant end-uses within the sector.
Substitutes that are acceptable subject to use restrictions may be used
only in accordance with those restrictions.
---------------------------------------------------------------------------

    \17\ The SNAP regulations also include ``pending,'' referring to
submissions for which EPA has not reached a determination, under
this provision.
---------------------------------------------------------------------------

    After reviewing a substitute, the Agency may make a determination
that a substitute is acceptable only if certain conditions in the way
that the substitute is used are met to minimize risks to human health
and the environment. EPA describes such substitutes as ``acceptable
subject to use conditions.'' Entities that use these substitutes
without meeting the associated use conditions are in violation of EPA's
SNAP regulations. 40 CFR 82.174(c).
    For some substitutes, the Agency may permit a narrowed range of use
within an end-use or sector. For example, the Agency may limit the use
of a substitute to certain end-uses or specific applications within an
industry sector. EPA describes these substitutes as ``acceptable
subject to narrowed use limits.'' A person using a substitute that is
acceptable subject to narrowed use limits in applications and end-uses
that are not consistent with the narrowed use limit is using the
substitute in an unacceptable manner and is in violation of section 612
of the CAA and EPA's SNAP regulations. 40 CFR 82.174(c).
    The Agency publishes its SNAP program decisions in the Federal
Register (FR). EPA publishes decisions concerning substitutes that are
deemed acceptable subject to use restrictions (use conditions and/or
narrowed use limits), or substitutes deemed unacceptable, as proposed
rulemakings to provide the public with an opportunity to comment,
before publishing final decisions.
    In contrast, EPA publishes decisions concerning substitutes that
are deemed acceptable with no restrictions as ``notices of
acceptability'' or ``determinations of acceptability,'' rather than as
proposed and final rules. As described in the preamble to the rule
initially implementing the SNAP program in the Federal Register at 59
FR 13044 on March 18, 1994, EPA does not believe that rulemaking
procedures are necessary to list alternatives that are acceptable
without restrictions because such listings neither impose any sanction
nor prevent anyone from using a substitute.

D. Additional Information About the SNAP Program

    For copies of the comprehensive SNAP lists of substitutes or
additional information on SNAP, refer to EPA's

Ozone Depletion Web site at: www.epa.gov/ozone/snap/index.html. For
more information on the Agency's process for administering the SNAP
program or criteria for evaluation of substitutes, refer to the SNAP
final rulemaking in the Federal Register at 59 FR 13044 on March 18,
1994, codified at 40 CFR part 82, subpart G. A complete chronology of
SNAP decisions and the appropriate citations is found at: http://www.epa.gov/ozone/snap/chron.html.

List of Subjects in 40 CFR Part 82

    Environmental protection, Administrative practice and procedure,
Air pollution control, Reporting and recordkeeping requirements.

    Dated: May 3, 2013.
Sarah Dunham,
Director, Office of Atmospheric Programs.

Appendix A: Summary of Acceptable Decisions

                                       Refrigeration and Air Conditioning
----------------------------------------------------------------------------------------------------------------
              End-Use                       Substitute                 Decision         Further information \1\
----------------------------------------------------------------------------------------------------------------
Ice skating rinks (retrofit only).  R-442A (RS-50)............  Acceptable...........  The manufacturer has an
                                                                                acceptable exposure
                                                                                limit of 1000 ppm over
                                                                                an 8-hour time-weighted
                                                                                average for R-442A.
Commercial ice machines (retrofit   R-442A (RS-50)............  Acceptable...........  The manufacturer has an
 only).                                                                                acceptable exposure
                                                                                limit of 1000 ppm over
                                                                                an 8-hour time-weighted
                                                                                average for R-442A.
Retail food refrigeration (rack     R-442A (RS-50)............  Acceptable...........  The manufacturer has an
 refrigeration systems only)                                                            acceptable exposure
 (retrofit only).                                                                       limit of 1000 ppm over
                                                                                an 8-hour time-weighted
                                                                                average for R-442A.
----------------------------------------------------------------------------------------------------------------
\1\ Follow all precautions in the MSDS and any guidance from the manufacturer.

                                               Foam Blowing Agents
----------------------------------------------------------------------------------------------------------------
              End-Use                       Substitute                 Decision         Further information \1\
----------------------------------------------------------------------------------------------------------------
Rigid polyurethane spray..........  Commercial blends of HFC-   Acceptable...........  The manufacturer has an
                                     365mfc and HFC-227ea                               acceptable exposure
                                     containing 7% to 13% HFC-                          limit of 1000 ppm over
                                     227ea and the remainder                            an 8-hour time-weighted
                                     HFC-365mfc                                         average for HFC-365mfc/
                                     (Solkane[supreg] 365/227).                         HFC-227ea.
                                                                                Care should be taken to
                                                                                follow all precautions
                                                                                in the MSDS and any
                                                                                guidance from the
                                                                                manufacturer,
                                                                                particularly in cases
                                                                                where the non-flammable
                                                                                HFC-227ea may evaporate
                                                                                before the flammable
                                                                                component, HFC-365mfc,
                                                                                evaporates, especially
                                                                                with open containers of
                                                                                blowing agent or polyol
                                                                                premix.
Extruded polystyrene, boardstock    Commercial blends of HFC-   Acceptable...........  The manufacturer has an
 and billet.                         365mfc and HFC-227ea                               acceptable exposure
                                     containing 7% to 13% HFC-                          limit of 1000 ppm over
                                     227ea and the remainder                            an 8-hour time-weighted
                                     HFC-365mfc                                         average for HFC-365mfc/
                                     (Solkane[supreg] 365/227).                         HFC-227ea.
                                                                                Care should be taken to
                                                                                follow all precautions
                                                                                in the MSDS and any
                                                                                guidance from the
                                                                                manufacturer,
                                                                                particularly in cases
                                                                                where the non-flammable
                                                                                HFC-227ea may evaporate
                                                                                before the flammable
                                                                                component, HFC-365mfc,
                                                                                evaporates, especially
                                                                                with open containers of
                                                                                blowing agent or polyol
                                                                                premix.
----------------------------------------------------------------------------------------------------------------
\1\ Follow all precautions in the MSDS and any guidance from the manufacturer.

                                                Solvent Cleaning
----------------------------------------------------------------------------------------------------------------
             End-Uses                       Substitute                 Decision           Further information
----------------------------------------------------------------------------------------------------------------
Metals cleaning...................  Trans-1-chloro-3,3,3-       Acceptable...........  Trans-1-chloro-3,3,3-
                                     trifluoroprop-1-ene                                trifluoroprop-1-ene has
                                     (SolsticeTM 1233zd(E)).                            an ODP of approximately
                                                                                0.00024 at temperate
                                                                                latitudes. It has a 100-
                                                                                year global warming
                                                                                potential of 4.7 to 7.
                                                                                Its Chemical Abstracts
                                                                                Service Registry number
                                                                                (CAS Reg. No.) is 102687-
                                                                                65-0.
Electronics cleaning..............                                                     The manufacturer
                                                                                recommends an acceptable
                                                                                exposure limit of 300
                                                                                ppm over an 8-hour time-
                                                                                weighted average for
                                                                                trans-1-chloro-3,3,3-
                                                                                trifluoroprop-1-ene.

Precision cleaning................                                                     Note that this substitute
                                                                                boils at room
                                                                                temperature. Therefore,
                                                                                EPA recommends using
                                                                                this substitute in
                                                                                equipment designed to
                                                                                minimize solvent losses,
                                                                                emissions and worker
                                                                                exposure. Examples of
                                                                                such equipment include
                                                                                containers with
                                                                                connected hoses and
                                                                                valves that allow for
                                                                                direct transfer of the
                                                                                solvent to cleaning
                                                                                equipment without
                                                                                opening of the storage
                                                                                container, and enclosed
                                                                                or low-emission cleaning
                                                                                equipment.
                                                                                Observe recommendations
                                                                                in the manufacturer's
                                                                                MSDS and guidance for
                                                                                using this substitute.
----------------------------------------------------------------------------------------------------------------

                                          Adhesives, Coatings and Inks
----------------------------------------------------------------------------------------------------------------
             End-Uses                       Substitute                 Decision           Further information
----------------------------------------------------------------------------------------------------------------
Adhesives.........................  Trans-1-chloro-3,3,3-       Acceptable...........  Trans-1-chloro-3,3,3-
                                     trifluoroprop-1-ene                                trifluoroprop-1-ene has
                                     (Solstice\TM\ 1233zd(E)).                          an ODP of approximately
                                                                                0.00024 at temperate
                                                                                latitudes. It has a 100-
                                                                                year global warming
                                                                                potential of 4.7 to 7.
                                                                                Its Chemical Abstracts
                                                                                Service Registry number
                                                                                (CAS Reg. No.) is 102687-
                                                                                65-0.
Coatings..........................                                                     The manufacturer
                                                                                recommends an acceptable
                                                                                exposure limit of 300
                                                                                ppm over an 8-hour time-
                                                                                weighted average for
                                                                                trans-1-chloro-3,3,3-
                                                                                trifluoroprop-1-ene.
                                                                                Note that this substitute
                                                                                boils at room
                                                                                temperature, which may
                                                                                require some adjustments
                                                                                when switching to this
                                                                                substitute. At this
                                                                                time, it appears to be
                                                                                particularly suitable
                                                                                for spray adhesive
                                                                                applications and dip
                                                                                coatings.
                                                                                Observe recommendations
                                                                                in the manufacturer's
                                                                                MSDS and guidance for
                                                                                using this substitute.
----------------------------------------------------------------------------------------------------------------

                                                Fire Suppression
----------------------------------------------------------------------------------------------------------------
              End-Use                       Substitute                 Decision         Further information 1 2
----------------------------------------------------------------------------------------------------------------
Total flooding systems (occupied    K-Ace (solution of 50%      Acceptable...........  EPA recommends that use
 and unoccupied areas).              potassium acetate and 50%                          of this system should be
                                     water)..                                           in accordance with the
                                                                                manufacturer's MSDS.
----------------------------------------------------------------------------------------------------------------
\1\ EPA recommends that users consult Section VIII of the OSHA Technical Manual for information on selecting the
  appropriate types of personal protective equipment for all listed fire suppression agents. EPA has no
  intention of duplicating or displacing OSHA coverage related to the use of personal protective equipment
  (e.g., respiratory protection), fire protection, hazard communication, worker training or any other
  occupational safety and health standard with respect to halon substitutes.
\2\ Use of all listed fire suppression agents should conform to relevant OSHA requirements, including 29 CFR
  Part 1910, subpart L, sections 1910.160 and 1910.162.

[FR Doc. 2013-11871 Filed 5-16-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 78 (Friday, April 22, 2016)]
[Rules and Regulations]
[Pages 23602-23604]
[FR Doc No: 2016-08751]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31069; Amdt. No. 3689]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule establishes, amends, suspends, or removes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures (ODPs) for operations at certain
airports. These regulatory actions are needed because of the adoption
of new or revised criteria, or because of changes occurring in the
National Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective April 22, 2016. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of April 22, 2016.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE., West Bldg., Ground Floor, Washington, DC 20590-0001.
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Navigation Products, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center at nfdc.faa.gov to
register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedure
Standards Branch (AFS-420), Flight Technologies and Programs Divisions,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, Part 97 (14 CFR part 97), by establishing,
amending, suspending, or removes SIAPS, Takeoff Minimums and/or ODPS.
The complete regulatory description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA
forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when
required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, their complex
nature, and the need for a special format make publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead
refer to their graphic depiction on charts printed by publishers of
aeronautical materials. Thus, the advantages of incorporation by
reference are realized and publication of the complete description of
each SIAP, Takeoff Minimums and ODP listed on FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAPs, Takeoff Minimums and ODPs with their
applicable effective dates. This amendment also identifies the airport
and its location, the procedure, and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPS, Takeoff
Minimums and/or ODPS as identified in the amendatory language for part
97 of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as Amended in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts.
    The circumstances that created the need for some SIAP and Takeoff
Minimums and ODP amendments may require making them effective in less
than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPs contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPs and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedure under 5 U.S.C. 553(b) are impracticable and contrary
to the public interest and, where applicable, under 5 U.S.C. 553(d),
good cause exists for making some SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26,1979); and
(3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference,
Navigation (air).

    Issued in Washington, DC, on March 25, 2016.
John S. Duncan,
Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or removing Standard Instrument
Approach Procedures and/or Takeoff Minimums and Obstacle Departure
Procedures effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40106, 40113,
40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 28 April 2016

Birmingham, AL, Birmingham-Shuttlesworth Intl, ILS OR LOC/DME RWY
24, Amdt 3
Birmingham, AL, Birmingham-Shuttlesworth Intl, RNAV (GPS) Y RWY 24,
Amdt 3
Birmingham, AL, Birmingham-Shuttlesworth Intl, RNAV (RNP) Z RWY 24,
Amdt 1
Patterson, LA, Harry P Williams Memorial, NDB RWY 6, Amdt 11B,
CANCELED
Glens Falls, NY, Floyd Bennett Memorial, ILS OR LOC RWY 1, Amdt 5
Coshocton, OH, Richard Downing, GPS RWY 22, Orig-A, CANCELED
Coshocton, OH, Richard Downing, RNAV (GPS) RWY 22, Orig
Coshocton, OH, Richard Downing, VOR-A, Amdt 10

Effective 26 May 2016

South Naknek, AK, South Naknek NR 2, RNAV (GPS) RWY 13, Orig
South Naknek, AK, South Naknek NR 2, RNAV (GPS) RWY 31, Orig
South Naknek, AK, South Naknek NR 2, Takeoff Minimums and Obstacle
DP, Orig
Selma, AL, Craig field, NDB RWY 33, Amdt 5, CANCELED
Cottonwood, AZ, Cottonwood, RNAV (GPS) RWY 32, Orig
Cottonwood, AZ, Cottonwood, Takeoff Minimums and Obstacle DP, Orig
Burbank, CA, Bob Hope, GPS-A, Orig-B, CANCELED
Burbank, CA, Bob Hope, ILS Y OR LOC Y RWY 8, Amdt 5
Burbank, CA, Bob Hope, ILS Z OR LOC Z RWY 8, Amdt 38
Burbank, CA, Bob Hope, RNAV (GPS)-A, Orig
Burbank, CA, Bob Hope, RNAV (GPS) Z RWY 8, Amdt 1
Burbank, CA, Bob Hope, RNAV (RNP) Y RWY 8, Amdt 1
Burbank, CA, Bob Hope, RNAV (RNP) Z RWY 8, Amdt 1A, CANCELED

Burbank, CA, Bob Hope, VOR RWY 8, Amdt 12
Boise, ID, Boise Air Terminal/Gowen Fld, GOWEN TWO, Graphic DP
Indian Head, MD, Maryland, RNAV (GPS) RWY 2, Amdt 1
Bay St Louis, MS, Stennis Intl, ILS Y OR LOC Y RWY 18, Orig
Bay St Louis, MS, Stennis Intl, ILS Z OR LOC Z RWY 18, Amdt 2
Bay St Louis, MS, Stennis Intl, NDB RWY 18, Amdt 2
Bay St Louis, MS, Stennis Intl, RNAV (GPS) RWY 18, Amdt 2
Bay St Louis, MS, Stennis Intl, RNAV (GPS) RWY 36, Amdt 3
Cambridge, NE, Cambridge Muni, NDB RWY 15, Amdt 4
Cambridge, NE, Cambridge Muni, RNAV (GPS) RWY 15, Amdt 1
Cambridge, NE, Cambridge Muni, RNAV (GPS) RWY 33, Amdt 1
Cambridge, NE, Cambridge Muni, Takeoff Minimums and Obstacle DP,
Orig
Bennington, VT, William H Morse State, RNAV (GPS) RWY 13, Orig-D

[FR Doc. 2016-08751 Filed 4-21-16; 8:45 am]
BILLING CODE 4910-13-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on May 12, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST-2002-12211

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

Application of  MN AIRLINES, LLC d/b/a SUN COUNTRY AIRLINES  filed
3/4/04, to:

XX Renew for two years exemption under 49 U.S.C. 40109 to provide the
following service:

Scheduled foreign air transportation of persons, property, and mail
between Minneapolis/St. Paul, Minnesota, on the one hand, and Cancun,
Cozumel, Puerto Vallarta, Mazatlan, and Manzanillo, Mexico, on the other
hand; and between Dallas/Ft. Worth, Texas, and Cancun, Mexico, and to
integrate this authority with other exemption and certificate
authorities held by Sun Country.  Sun Country states that it is
providing seasonal service in all of the subject markets, and it
proposes to continue providing such seasonal service.

XX  Reactivate for two years dormant exemption authority under 49 U.S.C.
40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail
between Minneapolis/St. Paul, Minnesota, and Ixtapa/Zihuatanejo, Mexico.
 Sun Country states that it will provide seasonal service in this
market.

Applicant rep:  John S. Fredericksen<PHONE_NUMBER> DOT Analyst: Sylvia
Moore<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The authority granted was effective when taken:  May 12, 2004, through
May 12, 2006

Action taken by:	Paul L. Gretch, Director

			Office of International Aviation

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

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

	XX Holder’s certificates of public convenience and necessity

	XX Standard exemption conditions (attached)

2

Conditions:  The U.S.-Mexico exemption authority granted is subject to
the dormancy notice requirements set forth in condition 7 of Appendix A
of Order 88-10-2.

The route integration authority granted to Sun Country is subject to the
condition that any service provided under this exemption shall be
consistent with all applicable agreements between the United States and
the foreign countries involved.  Furthermore, (a) nothing in the award
of the route integration authority granted should be construed as
conferring upon Sun Country additional rights (including fifth-freedom
intermediate and/or beyond rights) to serve markets where U.S. carrier
entry is limited unless Sun Country notifies the Department of its
intent to serve such a market and unless and until the Department has
completed any necessary carrier selection procedures to determine which
carrier(s) should be authorized to exercise such rights); (b) should
there be a request by any carrier to use the limited-entry route rights
that are included in Sun Country’s authority by virtue of the route
integration exemption granted here, but that are not then being used by
Sun Country, the holding of such authority by route integration will not
be considered as providing any preference for Sun Country in a
competitive carrier selection proceeding to determine which carrier(s)
should be entitled to use the authority at issue.

________________________________________________________________________
________________________________________

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

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

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

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

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

U.S. Carrier Exemption Conditions

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

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

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

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

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

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

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

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

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

 The carrier does not seek to renew exemption authority to serve the
Dallas/Ft. Worth-Cozumel/Puerto Vallarta markets, granted in the
original request.  (See Notice of Action Taken May 30, 2002, in this
docket.)

 With respect to the reactivated authority to serve the Minneapolis/St.
Paul-Ixtapa/Zihuatanejo market, consistent with our policy, the dormancy
period will begin January 1, 2005, Sun Country’s proposed startup date
for this service.

05/2004