  SEQ CHAPTER \h \r 1 Testing of Certain High Production Volume
Chemicals; Third Group of Chemicals

(Exposure Findings Supporting Information)

U.S. Environmental Protection Agency

Office of Pollution Prevention and Toxics

Economics, Exposure and Technology Division

December 2009Table of Contents

PREFACE

  TOC \o "1-3" \h \z \u    HYPERLINK \l "_Toc175984749"  1.0	Data Source
Descriptions	  PAGEREF _Toc175984749 \h  3

  HYPERLINK \l "_Toc175984750"  2.0	Summary of HPV3 Chemicals and
Findings	  PAGEREF _Toc175984750 \h  4

 Preface

	This findings document was prepared to support EPA’s Proposed TSCA
Section 4 Test Rule for Certain High Production Volume Chemicals; Third
Group of Chemicals.  Prior to promulgating a test rule under section 4
of the Toxic Substances Control Act (TSCA), 15 U.S.C. §§2601 et seq,
EPA is required to make certain findings identified in section 4(a) of
TSCA relating to the chemical’s risk and potential exposure, the
sufficiency of data to allow EPA to determine the human health or
environmental effects of the chemical, and the need to conduct testing.

	Under TSCA section 4(a)(1)(B), EPA must make the following findings to
support a test rule based on concerns for exposure: (1) that a chemical
substance is or will be produced in substantial quantities and that it
enters or may reasonably be anticipated to enter the environment in
substantial quantities and/or that there is or may be substantial and/or
significant human exposure to such substance; (2) that there are
insufficient data and experience upon which the effects of the
manufacture, distribution in commerce, processing, use or disposal of
such substance or mixture or of any combination of such activities on
health or the environment can reasonably be determined or predicted; and
(3) that testing of the substance or mixture with respect to such
effects is necessary to develop such data.  The criteria and standards
used by EPA for evaluating the terms “substantial production,”
“substantial release,” and “substantial or significant human
exposure” as used in TSCA section 4(a)(1)(B)(i) are explained in
EPA’s Final Statement of Policy; Criteria for Evaluating Substantial
Production, Substantial Release, and Substantial or Significant Human
Exposure set forth at 58 FR 28736 (May 14, 1993) (hereinafter referred
to as the “B Policy”).

	This document provides a detailed discussion of EPA’s evaluation of
each of the chemical substances identified in the proposed test rule to
determine that preliminary TSCA section 4(a)(1)(B) findings concerning
“substantial production,” “substantial release,” and
“substantial or significant human exposure” can be made. Data
Source Descriptions

TSCA Inventory Update Reporting Rule: In 1986, EPA promulgated the
Inventory Update Reporting (IUR) regulations, under TSCA section 8(a),
to facilitate the periodic updating of the TSCA Inventory database and
to otherwise support activities associated with implementing TSCA. As
originally promulgated, the IUR required chemical manufacturers
(including importers) to report to EPA every 4 years the identity of
chemical substances manufactured (including imported) annually in
quantities of 10,000 pounds or more at each plant site they owned or
controlled. In 2003 EPA adjusted the universe of chemicals and plant
sites that are required to report, and the type of information reported.
In 2005, EPA changed the reporting frequency to once every 5 years,
revised the manner in which amounts of a chemical substance manufactured
or imported must be reported, and changed the submission period for
reporting after 2006.

To protect the claims of confidential business information (CBI)
asserted by some IUR submitters on the amount of the chemical substance
manufactured (including imported) at a specific site, all production
volumes reported by IUR submitters (i.e., CBI and non-CBI) for each
chemical are combined by EPA for an aggregate total.  Confidential
business information claims are further protected by using eight ranges
to identify the total for any specific chemical and then making
available to the public the range that corresponds to the aggregate
production volume. Publicly-available information from the 1986, 1990,
1994, 1998, and 2002 (and 2006) IUR reporting cycles are available
on-line at:   HYPERLINK http://www.epa.gov/oppt/iur/index.htm
http://www.epa.gov/oppt/iur/index.htm

The Toxics Release Inventory (TRI) contains information about releases
of certain chemicals and management of wastes at a wide variety of
sources, including manufacturing operations, certain service businesses,
and federal facilities.  Publicly-available information from the 2005
TRI reporting cycle is available on-line at:   HYPERLINK
http://www.epa.gov/triexplorer/ http://www.epa.gov/triexplorer/

The National Institute for Occupational Safety and Health (NIOSH)
conducted the National Occupational Exposure Survey (NOES) that
collected data on potential occupational exposures to chemical,
physical, and biological agents from 1981 to 1983.  The survey involved
on-site visits to 4,490 establishments in 522 industry types employing
approximately 1,800,000 workers in 377 occupational categories.
Publicly-available information from the NOES is available on-line at:
HYPERLINK http://www.cdc.gov/noes/default.html
http://www.cdc.gov/noes/default.html

The National Library of Medicine Household Products Database provides
information on the chemical ingredients and their percentage in specific
brands of household products.  Information in the database is from a
variety of publicly available sources including brand-specific labels
and Material Safety Data Sheets when available from manufacturers and
manufacturers' web sites.  Publicly-available information from the
database is available on-line at:   HYPERLINK
http://householdproducts.nlm.nih.gov/
http://householdproducts.nlm.nih.gov/

Summary of HPV3 Chemicals and Findings

	Table 2-1 below presents a summary of the high production volume (HPV)
chemicals (29) and data collected to support an exposure-based finding.
Table 2-2 presents a chemical-by-chemical explanation of the supporting
findings information. Table 2-3 presents the chemicals (16) that did not
have sufficient exposure data needed to be included in this proposed
rule.

Table 2-1

Summary of Data Searched for Exposure Based Findings

	CAS#	Chemical Name	2006 IUR Production Volume

[Million lbs]	PAIR Production Volume

[Million lbs]	2006 IUR  -Substantial Human Exposure (>1,000 Workers) Met
PAIR - Substantial Human Exposure (>1,000 Workers) Met	NOES Number of
Workers	NLM Household Chemicals Database 	Non-CBI 2006 IUR Commercial/
Consumer Code Description	PAIR - Substantial Human Exposure (Consumer
Use Indicated)	PAIR - Substantial Release Criteria (>1 million lbs) Met
2005 TRI Data(Total On- and Off-site Disposal or Other Releases, lbs)
Meet Exposure Based Criteria

for Workers	Meet Exposure Based Criteria for Consumers	Meet Exposure
Based Criteria for Release

1	83-41-0	2-Nitrobenzene, 1,2-dimethyl-	< 1	> 10 - 50

	Yes

Yes

2	96-22-0	3-Pentanone	> 10 - 50	> 10 - 50

Yes

Yes

	3	98-09-9	Benzenesulfonyl chloride	> 1 - 10	> 1 - 10

	851

C16-Rubber and plastic products

	Yes	Yes

	4	98-56-6	Benzene, 1-chloro-4-(trifluoromethyl)-	> 1 - 10	> 1 - 10

1 home maintenance product	Code(s) claimed CBI

	Yes	Yes

	5	111-44-4	Ethane, 1,1'-oxybis[2-chloro-	> 1 - 10	< 1

	C20-Other; Code(s) claimed CBI

412	Yes	Yes

	6	127-68-4	Benzenesulfonic acid, 3-nitro-, sodium salt (1:1)	> 1 - 10	<
1

	9,386

	Yes

7	506-51-4	1-Tetracosanol	< 1	> 1 - 10

	1,281

	Yes

18	506-52-5	1-Hexacosanol	< 1	> 1 - 10

	1,565

	Yes

9	515-40-2	Benzene, (2-chloro-1,1-dimethylethyl)-	> 1 - 10	> 1 - 10

	C02-Agricultural products (non-pesticidal)

	Yes	Yes

	10	2494-89-5	Ethanol, 2-[(4-aminophenyl)sulfonyl]-, 1-(hydrogen
sulfate)	> 1 - 10	> 1 - 10

	Code(s) claimed CBI

	Yes	Yes

	11	5026-74-4	2-Oxiranemethanamine,
N-[4-(2-oxiranylmethoxy)phenyl]-N-(2-oxiranylmethyl)-	> 1 - 10	> 1 - 10
Yes

952

	Yes

12	22527-63-5	Propanoic acid, 2-methyl-,
3-(benzoyloxy)-2,2,4-trimethylpentyl ester	> 1 - 10	> 1 - 10

	C16-Rubber and plastic products; Code(s) claimed CBI	Yes

	Yes	Yes

	13	24615-84-7	2-Propenoic acid, 2-carboxyethyl ester	> 1 - 10	< 1

	C20-Other

	Yes	Yes

	14	25321-41-9	Benzenesulfonic acid, dimethyl-	> 1 - 10	< 1

	2,843

Yes

15	25646-71-3	Methanesulfonamide,
N-[2-[(4-amino-3-methylphenyl)ethylamino]ethyl]-, sulfate (2:3)	> 1 - 10
< 1	Yes

C14-Photographic supplies

	Yes	Yes

	16	52556-42-0	1-Propanesulfonic acid, 2-hydroxy-3-(2-propen-1-yloxy)-,
sodium salt (1:1)	> 1 - 10	> 1 - 10	Yes

C20-Other

	Yes	Yes

	17	61788-76-9	Alkanes, chloro	> 10 - 50	> 1 - 10

	176,314

C01-Adhesives and sealants; C20-Other

	Yes	Yes

	18	65996-79-4	Solvent naphtha (coal)	> 10 - 50	> 10 - 50

	C20-Other

	Yes	Yes

	19	65996-82-9	Tar oils, coal	> 100 million - 1 billion	> 100 million -
1 billion

	C16-Rubber and plastic products; C19-Wood and wood furniture; C20-Other

	Yes	Yes

	20	65996-89-6	Tar, coal, high-temp.	> 1 billion lbs	> 1 billion lbs

Yes	761

C12-Paints and coatings; C20-Other	Yes	Yes

Yes	Yes	Yes

21	65996-92-1	Distillates (coal tar)	> 100 million - 1 billion	> 100
million - 1 billion

	C16-Rubber and plastic products; C19-Wood and wood furniture; C20-Other

	Yes	Yes

	22	68082-78-0	Lard, oil, Me esters	> 1 - 10	> 1 - 10

	41,153

	Yes

23	68187-57-5	Pitch, coal tar-petroleum	> 100 million - 1 billion	> 100
million - 1 billion

	C11-Metal products

	Yes	Yes

	24	68442-60-4	Acetaldehyde, reaction products with formaldehyde,
by-products from	> 1 - 10	> 1 - 10

	Code(s) claimed CBI	Yes

	Yes	Yes

	25	68610-90-2	2-Butenedioic acid (2E)-, di-C8-18-alkyl esters	> 1 - 10
> 1 - 10

Yes

Yes

	26	68988-22-7	1,4-Benzenedicarboxylic acid, 1,4-dimethyl ester, manuf.
of, by-products from	> 10 - 50	> 10 - 50

 	Yes

Yes

27	70693-50-4	Phenol,
2,4-bis(1-methyl-1-phenylethyl)-6-[2-(2-nitrophenyl)diazenyl]-	> 1 - 10
> 1 - 10

	Code(s) claimed CBI

	Yes	Yes

	28	72162-15-3	1-Decene, sulfurized	> 1 - 10	< 1

	64,227

	Yes

29	73665-18-6	Extract residues (coal), tar oil alk., naphthalene distn.
residues	> 50 - 100	> 100 million - 1 billion

	C19-Wood and wood furniture

	Yes	Yes

	Table 2-2

Chemical-by-Chemical Explanation of Findings

CAS#	Chemical Name	Summary of Findings

83-41-0	2-Nitrobenzene, 1,2-dimethyl-	PAIR indicates >1 million lbs of
this chemical is released to the environment.  Based on this
information, this chemical would meet the exposure based findings
criteria of “significant or substantial release.”

This chemical met exposure based findings criteria based on:

- PAIR Production Volume Range (10 million - 50 million lb)

- Substantial Release (Greater than 1 million lbs released)

96-22-0	3-Pentanone	PAIR indicates consumer use. It is possible that
products containing this chemical may be used by >10,000 consumers.
Based on this information, this chemical would meet the exposure based
findings criteria of "substantial or significant human exposure.”

This chemical met exposure based findings criteria based on:

- 2006 IUR Production Volume Range (10 million - 50 million lb)

- Consumers potentially exceeding 10,000 people

98-09-9	Benzenesulfonyl chloride	The IUR commercial/consumer product
category C16-Rubber and plastic products was reported for this chemical.
Chemicals reporting in this category are contained in such products as
tires, footwear, flooring, bottles, sporting equipment, games, and toys.
It is expected that these products will be widely used by consumers
(including children) and hence, may likely exceed 10,000 people.
Additionally, products such as tires and flooring are also used in a
commercial setting, which may lead to exposures of >1,000 commercial
workers.  Based on this information, this chemical would meet the
exposure based findings criteria of "substantial or significant human
exposure.”  (All stated IUR  commercial/consumer product categories
are non-CBI)

This chemical met exposure based findings criteria based on:

- 2006 IUR Production Volume Range (1 million - 10 million lb)

- Total  workers potentially exceeding 1,000 based on the IUR
commercial/consumer product categories (C16 )

- Consumers potentially exceeding 10,000 people based on IUR
commercial/consumer product category (C16)

98-56-6	Benzene, 1-chloro-4-(trifluoromethyl)-	The number of potentially
exposed consumers is estimated to be very large based on the use (home
maintenance product) cited in the NLM Household Chemicals Database.  It
is expected that home maintenance products will be widely used by
consumers and hence, may likely exceed 10,000 people.  Based on this
information, this chemical would meet the exposure based findings
criteria of "substantial or significant human exposure.”

This chemical met exposure based findings criteria based on:

- 2006 IUR Production Volume Range (1 million - 10 million lb)

- Consumers potentially exceeding 10,000 people based on NLM Household
Chemicals Database

111-44-4	Ethane, 1,1'-oxybis[2-chloro-	The IUR commercial/consumer
product category C20-Other (chemicals contained in commercial and
consumer products not elsewhere classified) was reported for this
chemical. This indicates that this chemical is present in an unknown
number of commercial and consumer products that may potentially have a
high number of exposures. Based on this information, this chemical would
meet the exposure based findings criteria of "substantial or significant
human exposure.”  (All stated IUR  commercial/consumer product
categories are non-CBI)

This chemical met exposure based findings criteria based on:

- 2006 IUR Production Volume Range (1 million - 10 million lb)

- Total workers potentially exceeding 1,000 based on IUR
commercial/consumer product category (C20)

- Consumers potentially exceeding 10,000 people based on IUR
commercial/consumer product category (C20)

127-68-4	Benzenesulfonic acid, 3-nitro-, sodium salt (1:1)	The number of
potentially exposed total workers exceeds 1,000 based on NOES data.  The
production volume data for the 2006 IUR data collection was compared to
the production volume data for the 1986 IUR data collection for this
chemical to see if the production volume stayed the same or increased,
thereby indicating that the usage of these chemicals is no less than
when NOES data were gathered.  The 1986 reported IUR production volume
range was 1 million -10 million lbs. The 2006 IUR production volume
range is 1 million -10 million lbs.

This chemical met exposure based findings criteria based on:

- 2006 IUR Production Volume Range (1 million - 10 million lb)

- Total workers exceeding 1,000 based NOES data (9,386 workers)

506-51-4	1-Tetracosanol	The number of potentially exposed total workers
exceeds 1,000 based on NOES data.  The production volume data for the
PAIR data collection was compared to the production volume data for the
1986 IUR data collection for this chemical to see if the production
volume stayed the same or increased, thereby indicating that the usage
of these chemicals is no less than when NOES data were gathered.  The
1986 reported IUR production volume range was 1 million -10 million lbs.
The PAIR production volume range is 1 million -10 million lbs.

This chemical met exposure based findings criteria based on:

- PAIR Production Volume Range (1 million - 10 million lb)

- Total workers exceeding 1,000 based NOES data (1,281 workers)

506-52-5	1-Hexacosanol	The number of potentially exposed total workers
exceeds 1,000 based on NOES data.  The production volume data for the
PAIR data collection was compared to the production volume data for the
1986 IUR data collection for this chemical to see if the production
volume stayed the same or increased, thereby indicating that the usage
of these chemicals is no less than when NOES data were gathered.  The
1986 reported IUR production volume range was 1 million -10 million lbs.
The PAIR production volume range is 1 million -10 million lbs.

This chemical met exposure based findings criteria based on:

- PAIR Production Volume Range (1 million - 10 million lb)

- Total workers exceeding 1,000 based NOES data (1,565 workers)

515-40-2	Benzene, (2-chloro-1,1-dimethylethyl)-	The IUR
commercial/consumer product category C02-Agricultural products
(non-pesticidal) was reported for this chemical.  Chemicals reporting in
this category are used to increase the productivity and quality of farm
crops; examples include fertilizers and soil conditioners.  It is
expected that these products will be widely used by commercial workers
and consumers and hence, may likely exceed 1,000 commercial workers and
10,000 consumers.  Based on this information, this chemical would meet
the exposure based findings criteria of "substantial or significant
human exposure.”  (All stated IUR  commercial/consumer product
categories are non-CBI)

This chemical met exposure based findings criteria based on:

- 2006 IUR Production Volume Range (1 million - 10 million lb)

- Total  workers potentially exceeding 1,000 based on the IUR
commercial/consumer product categories (C02 )

- Consumers potentially exceeding 10,000 people based on IUR
commercial/consumer product category (C02)

2494-89-5	Ethanol, 2-[(4-aminophenyl)sulfonyl]-, 1-(hydrogen sulfate)
The IUR commercial/consumer product category(s) was claimed CBI for this
chemical. This chemical is present in an unknown number of commercial
and consumer products that may potentially have a high number of
exposures. Based on this information, this chemical would meet the
exposure based findings criteria of "substantial or significant human
exposure.”

This chemical met exposure based findings criteria based on:

- 2006 IUR Production Volume Range (1 million - 10 million lb)

- Total workers potentially exceeding 1,000 based on  IUR
commercial/consumer product category(s) claimed CBI

- Consumers potentially exceeding 10,000 people based on IUR
commercial/consumer product category claimed CBI

5026-74-4	2-Oxiranemethanamine,
N-[4-(2-oxiranylmethoxy)phenyl]-N-(2-oxiranylmethyl)-	The total number
of potentially exposed workers is likely to exceed 1,000 based on
reported IUR data.

This chemical met exposure based findings criteria based on:

- 2006 IUR Production Volume Range (1 million - 10 million lb)

- Total workers potentially exceeding 1,000 based on IUR data

22527-63-5	Propanoic acid, 2-methyl-,
3-(benzoyloxy)-2,2,4-trimethylpentyl ester	The IUR commercial/consumer
product category C16-Rubber and plastic products was reported for this
chemical. Chemicals reporting in this category are contained in such
products as tires, footwear, flooring, bottles, sporting equipment,
games, and toys. It is expected that these products will be widely used
by consumers (including children) and hence, may likely exceed 10,000
people.  Additionally, products such as tires and flooring are also used
in a commercial setting, which may lead to exposures of >1,000
commercial workers.  Other product category(s) was claimed CBI.  Based
on this information, this chemical would meet the exposure based
findings criteria of "substantial or significant human exposure.”
(All stated IUR  commercial/consumer product categories are non-CBI)

This chemical met exposure based findings criteria based on:

- 2006 IUR Production Volume Range (1 million - 10 million lb)

- Total  workers potentially exceeding 1,000 based on the IUR
commercial/consumer product categories (C16 )

- Consumers potentially exceeding 10,000 people based on IUR
commercial/consumer product category (C16)

24615-84-7	2-Propenoic acid, 2-carboxyethyl ester	The IUR
commercial/consumer product category C20-Other (chemicals contained in
commercial and consumer products not elsewhere classified) was reported
for this chemical. This indicates that this chemical is present in an
unknown number of commercial and consumer products that may potentially
have a high number of exposures. Based on this information, this
chemical would meet the exposure based findings criteria of "substantial
or significant human exposure.”  (All stated IUR  commercial/consumer
product categories are non-CBI)

This chemical met exposure based findings criteria based on:

- 2006 IUR Production Volume Range (1 million - 10 million lb)

- Total workers potentially exceeding 1,000 based on IUR
commercial/consumer product category (C20)

- Consumers potentially exceeding 10,000 people based on IUR
commercial/consumer product category (C20)

25321-41-9	Benzenesulfonic acid, dimethyl-	The total number of
potentially exposed workers exceeds 1,000 workers based on NOES data.
The production volume data for the 2006 IUR data collection was compared
to the production volume data for the 1986 IUR data collection for this
chemical to see if the production volume stayed the same or increased,
thereby indicating that the usage of these chemicals is no less than
when NOES data were gathered.  The 1986 reported IUR production volume
range was 1 million -10 million lbs.  The 2006 IUR production volume
range is 1 million -10 million lbs.

This chemical met exposure based findings criteria based on:

- 2006 IUR Production Volume Range (1 million - 10 million lb)

- Total workers exceeding 1,000 based NOES data (2,843 workers)

25646-71-3	Methanesulfonamide,
N-[2-[(4-amino-3-methylphenyl)ethylamino]ethyl]-, sulfate (2:3)	The
total number of potentially exposed workers is likely to exceed 1,000
based on reported IUR data.  Additionally, the IUR commercial/consumer
product category C14-Photographic supplies was reported for this
chemical.  Chemicals reporting in this category are contained in
photographic apparatus, equipment and parts; film, paper, plates, and
prepared photographic chemicals for commercial and consumer use.  It is
expected that these products will be widely used by commercial workers
and consumers and hence, may likely exceed 1,000 commercial workers and
10,000 consumers.  Based on this information, this chemical would meet
the exposure based findings criteria of "substantial or significant
human exposure.”  (All stated IUR  commercial/consumer product
categories are non-CBI)

This chemical met exposure based findings criteria based on:

- 2006 IUR Production Volume Range (1 million - 10 million lb)

- Total workers potentially exceeding 1,000 based on IUR data and
commercial/consumer product category (C14)

- Consumers potentially exceeding 10,000 people based on IUR
commercial/consumer product category (C14)

52556-42-0	1-Propanesulfonic acid, 2-hydroxy-3-(2-propen-1-yloxy)-,
sodium salt (1:1)	The IUR commercial/consumer product category C20-Other
(chemicals contained in commercial and consumer products not elsewhere
classified) was reported for this chemical. This indicates that this
chemical is present in an unknown number of commercial and consumer
products that may potentially have a high number of exposures. Based on
this information, this chemical would meet the exposure based findings
criteria of "substantial or significant human exposure.”  (All stated
IUR  commercial/consumer product categories are non-CBI)

This chemical met exposure based findings criteria based on:

- 2006 IUR Production Volume Range (1 million - 10 million lb)

- Total workers potentially exceeding 1,000 based on  IUR
commercial/consumer product category (C20)

- Consumers potentially exceeding 10,000 people based on IUR
commercial/consumer product category (C20)

61788-76-9	Alkanes, chloro	The total number of potentially exposed
workers exceeds 1,000 workers based on NOES data. Additionally, the
number of potentially exposed consumers is estimated to be very large
based on the reported IUR commercial/consumer product categories for
this chemical: C01-Adhesives and sealants, and C20-Other (chemicals
contained in commercial and consumer products not elsewhere classified).
Chemicals reporting in these product categories are contained in
industrial and household adhesives, glues, caulking compounds, and
sealants, along with an unknown number of commercial and consumer
products that may potentially have a high number of exposures.  It is
expected that these products will be widely used by commercial workers
and consumers and hence, may likely exceed 1,000 commercial workers and
10,000 consumers.  Based on this information, this chemical would meet
the exposure based findings criteria of "substantial or significant
human exposure.” The production volume data for the 2006 IUR data
collection was compared to the production volume data for the 1986 IUR
data collection for this chemical to see if the production volume stayed
the same or increased, thereby indicating that the usage of these
chemicals is no less than when NOES data were gathered.  The 1986
reported IUR production volume range was 1 million -10 million lbs. The
2006 IUR production volume range is 10 million -50 million lbs. (All
stated IUR  commercial/consumer product categories are non-CBI)

This chemical met exposure based findings criteria based on:

- 2006 IUR Production Volume Range (10 million - 50 million lb)

- Total workers exceeding 1,000 based NOES data (176,314 workers)

- Total workers potentially exceeding 1,000 based on  IUR
commercial/consumer product categories (C01, C20)

- Consumers potentially exceeding 10,000 people based on IUR
commercial/consumer product category (C01, C20)

65996-79-4	Solvent naphtha (coal)	The IUR commercial/consumer product
category C20-Other (chemicals contained in commercial and consumer
products not elsewhere classified) was reported for this chemical. This
indicates that this chemical is present in an unknown number of
commercial and consumer products that may potentially have a high number
of exposures. Based on this information, this chemical would meet the
exposure based findings criteria of "substantial or significant human
exposure.”  (All stated IUR  commercial/consumer product categories
are non-CBI)

This chemical met exposure based findings criteria based on:

- 2006 IUR Production Volume Range (10 million - 50 million lb)

- Total workers potentially exceeding 1,000 based on  IUR
commercial/consumer product category (C20)

- Consumers potentially exceeding 10,000 people based on IUR
commercial/consumer product category (C20)

65996-82-9	Tar oils, coal	The IUR commercial/consumer product categories
C16-Rubber and plastic products, C19-Wood and wood furniture, and
C20-Other (chemicals contained in commercial and consumer products not
elsewhere classified) were reported for this chemical. Chemicals
reporting in these product categories are contained in tires, footwear,
flooring, bottles, sporting equipment, games, toys, wood products and
wood furniture, along with an unknown number of commercial and consumer
products that may potentially have a high number of exposures.  It is
expected that these products will be widely used by commercial workers
and consumers and hence, may likely exceed 1,000 commercial workers and
10,000 consumers.  Based on this information, this chemical would meet
the exposure based findings criteria of "substantial or significant
human exposure.”  (All stated IUR  commercial/consumer product
categories are non-CBI)

This chemical met exposure based findings criteria based on:

- 2006 IUR Production Volume Range (100 million - 1 billion lb)

- Total workers potentially exceeding 1,000 based on IUR
commercial/consumer product categories (C16, C19, C20)

- Consumers potentially exceeding 10,000 people based on IUR
commercial/consumer product category (C16,C19,C20)

65996-89-6	Tar, coal, high-temp.	The total number of potentially exposed
workers is likely to exceed 1,000 based on reported PAIR data.
Additionally, the number of potentially exposed consumers is estimated
to be very large based on the reported IUR commercial/consumer product
categories for this chemical: C12-Paints and coatings, and C20-Other
(chemicals contained in commercial and consumer products not elsewhere
classified). Chemicals reporting in these product categories are
commercial and consumer paints (paste or ready-mix) including artists’
paints, varnishes, lacquers, enamels and shellac, paint and varnish
removers and cleaners, along with an unknown number of commercial and
consumer products that may potentially have a high number of exposures.
It is expected that these products will be widely used by commercial
workers and consumers and hence, may likely exceed 1,000 commercial
workers and 10,000 consumers.  PAIR indicates >1 million lbs of this
chemical is released to the environment.  Based on this information,
this chemical would meet the exposure based findings criteria of
"substantial or significant human exposure" and “significant or
substantial release.”  (All stated IUR  commercial/consumer product
categories are non-CBI)

This chemical met exposure based findings criteria based on:

- 2006 IUR Production Volume Range (> 1 billion lb)

- Total workers potentially exceeding 1,000 based on PAIR data

- Total workers potentially exceeding 1,000  based on the IUR
commercial/consumer product categories (C12, C20 )

- Consumers potentially exceeding 10,000 people based on IUR
commercial/consumer product category (C12,C20)

- Substantial Release (Greater than 1 million lbs released)

65996-92-1	Distillates (coal tar)	The IUR commercial/consumer product
categories C16-Rubber and plastic products, C19-Wood and wood furniture,
and C20-Other (chemicals contained in commercial and consumer products
not elsewhere classified) were reported for this chemical. Chemicals
reporting in these product categories are contained in tires, footwear,
flooring, bottles, sporting equipment, games, toys, wood products and
wood furniture, along with an unknown number of commercial and consumer
products that may potentially have a high number of exposures.  It is
expected that these products will be widely used by commercial workers
and consumers and hence, may likely exceed 1,000 commercial workers and
10,000 consumers.  Based on this information, this chemical would meet
the exposure based findings criteria of "substantial or significant
human exposure.”  (All stated IUR  commercial/consumer product
categories are non-CBI)

This chemical met exposure based findings criteria based on:

- 2006 IUR Production Volume Range (100 million - 1 billion lb)

- Total workers potentially exceeding 1,000 based on IUR
commercial/consumer product categories (C16, C19, C20)

- Consumers potentially exceeding 10,000 people based on IUR
commercial/consumer product category (C16,C19, C20)

68082-78-0	Lard, oil, Me esters	The total number of potentially exposed
workers exceeds 1,000 workers based on NOES data. The production volume
data for the 2006 IUR data collection was compared to the production
volume data for the 1986 IUR data collection for this chemical to see if
the production volume stayed the same or increased, thereby indicating
that the usage of these chemicals is no less than when NOES data were
gathered.  The 1986 reported IUR production volume range was 500
thousand - 1 million lbs. The 2006 IUR production volume range is 1
million -10 million lbs.

This chemical met exposure based findings criteria based on:

- 2006 IUR Production Volume Range (1 million - 10 million lb)

- Total workers exceeding 1,000 based NOES data

  (41,153 workers)

68187-57-5	Pitch, coal tar-petroleum	The IUR commercial/consumer product
category C11-Metal products was reported for this chemical.  Chemicals
reporting in this category are contained in metal products for
commercial and consumer use; metal furniture and furnishings are
included in this category.  It is expected that these products will be
widely used by commercial workers and consumers (including children) and
hence, may likely exceed 1,000 commercial workers and 10,000 consumers.
Based on this information, this chemical would meet the exposure based
findings criteria of "substantial or significant human exposure.”
(All stated IUR  commercial/consumer product categories are non-CBI)

This chemical met exposure based findings criteria based on:

- 2006 IUR Production Volume Range (100 million - 1 billion lb)

- Total workers potentially exceeding 1,000 based on IUR
commercial/consumer product category (C11)

- Consumers potentially exceeding 10,000 people based on IUR
commercial/consumer product category (C11)

68442-60-4	Acetaldehyde, reaction products with formaldehyde,
by-products from	The IUR commercial/consumer product category(s) was
claimed CBI for this chemical. This chemical is present in an unknown
number of commercial and consumer products that may potentially have a
high number of exposures.  Additionally, PAIR indicates consumer use. It
is possible that products containing this chemical may be used by
>10,000 consumers. Based on this information, this chemical would meet
the exposure based findings criteria of "substantial or significant
human exposure.”

This chemical met exposure based findings criteria based on:

- 2006 IUR Production Volume Range (1 million - 10 million lb)

- Total workers potentially exceeding 1,000 based on  IUR
commercial/consumer product category(s) claimed CBI

- Consumers potentially exceeding 10,000 people based on IUR
commercial/consumer product category claimed CBI

68609-05-2	Cyclohexane, oxidized

This chemical met one exposure based findings criterion:

- PAIR Production Volume Range (1 million -10 million lb)

68610-90-2	2-Butenedioic acid (2E)-, di-C8-18-alkyl esters	PAIR
indicates consumer use.  It is possible that products containing this
chemical may be used by >10,000 consumers.  Based on this information,
this chemical would meet the exposure based findings criteria of
"substantial or significant human exposure.”

This chemical met exposure based findings criteria based on:

- 2006 IUR Production Volume Range (1 million - 10 million lb)

- Consumers potentially exceeding 10,000 people

68988-22-7	1,4-Benzenedicarboxylic acid, 1,4-dimethyl ester, manuf. of,
by-products from	PAIR indicates >1 million lbs of this chemical is
released to the environment.  Based on this information, this chemical
would meet the exposure based findings criteria of “significant or
substantial release.”

This chemical met exposure based findings criteria based on:

- 2006 IUR Production Volume Range (10 million - 50 million lb)

- Substantial Release (Greater than 1 million lbs released)

70693-50-4	Phenol,
2,4-bis(1-methyl-1-phenylethyl)-6-[2-(2-nitrophenyl)diazenyl]-	The IUR
commercial/consumer product category(s) was claimed CBI for this
chemical. This chemical is present in an unknown number of commercial
and consumer products that may potentially have a high number of
exposures. Based on this information, this chemical would meet the
exposure based findings criteria of "substantial or significant human
exposure.”

This chemical met exposure based findings criteria based on:

- 2006 IUR Production Volume Range (1 million - 10 million lb)

- Total workers potentially exceeding 1,000 based on  IUR
commercial/consumer product category(s) claimed CBI

- Consumers potentially exceeding 10,000 people based on IUR
commercial/consumer product category claimed CBI

72162-15-3	1-Decene, sulfurized	The total number of potentially exposed
workers exceeds 1,000 workers based on NOES data. The production volume
data for the 2006 IUR data collection was compared to the production
volume data for the 1986 IUR data collection for this chemical to see if
the production volume stayed the same or increased, thereby indicating
that the usage of these chemicals is no less than when NOES data were
gathered.  The 1986 reported IUR production volume range was 1 million -
10 million lbs. The 2006 IUR production volume range is 1 million -10
million lbs.

This chemical met exposure based findings criteria based on:

- 2006 IUR Production Volume Range (1 million - 10 million lb)

- Total workers exceeding 1,000 based NOES data (64,227 workers)

73665-18-6	Extract residues (coal), tar oil alk., naphthalene distn.
residues	The IUR commercial/consumer product category C19-Wood and wood
furniture was reported for this chemical.  Chemicals reporting in this
category are contained in wood products and wood furniture for
commercial and consumer use.  It is expected that these products will be
widely used by commercial workers and consumers (including children) and
hence, may likely exceed 1,000 commercial workers and 10,000 consumers.
Based on this information, this chemical would meet the exposure based
findings criteria of "substantial or significant human exposure.”
(All stated IUR  commercial/consumer product categories are non-CBI)

This chemical met exposure based findings criteria based on:

- 2006 IUR Production Volume Range (50 million - 100 million lb)

- Total  workers potentially exceeding 1,000 based on the IUR
commercial/consumer product categories (C19 )

- Consumers potentially exceeding 10,000 people based on IUR
commercial/consumer product category (C19)

Table 2-3

HPV Orphan Chemicals Not Included in Third Group of Chemicals

	CAS#	Chemical Name

1	98-16-8	Benzenamine, 3-(trifluoromethyl)-

2	124-63-0	Methanesulfonyl chloride

3	460-00-4	Benzene, 1-bromo-4-fluoro-

4	542-92-7	1,3-Cyclopentadiene

5	928-72-3	Glycine, N-(carboxymethyl)-, sodium salt (1:2)

6	1738-25-6	Propanenitrile, 3-(dimethylamino)-

7	28106-30-1	Benzene, ethenylethyl-

8	35203-06-6	Benzenamine, 2-ethyl-6-methyl-N-methylene-

9	35203-08-8	Benzenamine, 2,6-diethyl-N-methylene-

10	37734-45-5	Carbonochloridothioic acid, S-(phenylmethyl) ester

11	37764-25-3	Acetamide, 2,2-dichloro-N,N-di-2-propen-1-yl-

12	68609-05-2	Cyclohexane, oxidized

13	65996-91-0	Distillates (coal tar), upper

14	68153-60-6	Fatty acids, tall-oil, reaction products with
diethylenetriamine, acetates

15	68442-77-3	2-Butenediamide, (2E)-,
N1,N4-bis[2-(4,5-dihydro-2-nortall-oil alkyl-1H-imidazol-1-yl)ethyl]
derivs.

16	68909-77-3	Ethanol, 2,2'-oxybis-, reaction products with ammonia,
morpholine derivs. residues

  PAGE  2

  PAGE  ii

Table 2-1 (Continued)

  PAGE  16

  PAGE  7

_


[Federal Register Volume 86, Number 154 (Friday, August 13, 2021)]
[Proposed Rules]
[Pages 44668-44670]
[FR Doc No: 2021-17109]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0637; Airspace Docket No. 21-ANM-31]
RIN 2120-AA66

Proposed Establishment Class E Airspace; Portland-Troutdale
Airport, OR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to establish Class E airspace, designated
as an extension to a Class D or Class E surface area, at Portland-
Troutdale Airport, Portland, OR. This action also proposes numerous
administrative updates to the Class D and Class E2 text headers and
airspace descriptions. This action would ensure the safety and
management of instrument flight rules (IFR) operations at the airport.

DATES: Comments must be received on or before September 27, 2021.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
1-800-647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2021-0637; Airspace Docket No. 21-ANM-31, at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov.
    FAA Order 7400.11E, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11E at NARA, email
<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Matthew Van Der Wal, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S. 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority,
as it would establish Class E airspace at Portland-Troutdale Airport,
Portland, OR, to support IFR operations at the airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related

aspects of the proposal. Communications should identify both docket
numbers and be submitted in triplicate to the address listed above.
Persons wishing the FAA to acknowledge receipt of their comments on
this notice must submit with those comments a self-addressed, stamped
postcard on which the following statement is made: ``Comments to Docket
No. FAA-2021-0637; Airspace Docket No. 21-ANM-31''. The postcard will
be date/time stamped and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 2200 S. 216th Street, Des Moines, WA
98198.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11E, Airspace
Designations and Reporting Points, dated July 21, 2020, and effective
September 15, 2020. FAA Order 7400.11E is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11E lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 by establishing
Class E airspace at Portland-Troutdale Airport, Portland, OR. The
additional airspace is designed to properly contain IFR aircraft
descending below 1,000 feet above the surface on the RNAV (GPS)-A
approach.
    This action also proposes numerous administrative updates to the
Class D and Class E2 text headers and airspace descriptions. The first
line of the text headers should be updated from ``ANM OR D Portland-
Troutdale, OR'' to ``ANM OR D Portland, OR'', Portland is the official
city for the airport. The second line of the text headers should be
updated from ``Portland-Troutdale Airport, Troutdale, OR'' to
``Portland-Troutdale Airport, OR'', this line should only list the
airport name and state. A fourth and fifth line of text should be added
to the headers. The lines should read ``Portland International Airport,
OR'' and ``(Lat. 45[deg]35'19'' N, long. 112[deg]35'49'' W)',
respectively. The additional lines are necessary because the airspace
descriptions contain exclusionary language for Portland Airport's Class
C airspace area. The term Airport/Facility Directory'' in the last
sentence of the Class D airspace description is outdated and should be
corrected to ``Chart Supplement.'' The Class E2 airspace area is not in
use continuously, to accurately describe the airspace, the following
sentences should be added to the description. ``This Class E airspace
area is effective during the specific dates and times established in
advance by a Notice to Airmen. The effective date and time will
thereafter be continuously published in the Chart Supplement.''
    Class D, Class E2, and Class E4 airspace designations are published
in paragraphs 5000, 6002, and 6004, respectively, of FAA Order
7400.11E, dated July 21, 2020, and effective September 15, 2020, which
is incorporated by reference in 14 CFR 71.1. The Class D and Class E
airspace designations listed in this document will be published
subsequently in the Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    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, is
non-controversial, and unlikely to result in adverse or negative
comments. 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. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting Points, dated July 21, 2020, and
effective September 15, 2020, is amended as follows:

Paragraph 5000 Class D Airspace

* * * * *

ANM OR D Portland, OR [Amended]

Portland-Troutdale Airport, OR
    (Lat. 45[deg]32'58'' N, long. 122[deg]24'05'' W)
Portland International Airport, OR
    (Lat. 45[deg]35'19'' N, long. 112[deg]35'49'' W)

    That airspace extending upward from the surface to and including
2,500 feet MSL within a 4-mile radius of the Portland-Troutdale
Airport, excluding the portion within Portland International
Airport's Class C airspace area. This Class D airspace area is
effective during the specific dates and times established in advance
by a Notice to Airmen. The effective date and time will thereafter
be continuously published in the Chart Supplement.

Paragraph 6002 Class E Airspace Areas Designated as a Surface Area.

* * * * *

ANM OR E2 Portland, OR [Amended]

Portland-Troutdale Airport, OR
    (Lat. 45[deg]32'58'' N, long. 122[deg]24'05'' W)
Portland International Airport, OR
    (Lat. 45[deg]35'19'' N, long. 112[deg]35'49'' W)

    That airspace extending upward from the surface to and including
2,500 feet MSL within a 4-mile radius of the Portland-Troutdale
Airport, excluding the portion within the Portland International
Airport's Class C airspace area. This Class E airspace area is
effective during the specific dates and times established in advance
by a Notice to Airmen. The effective date and time will thereafter
be continuously published in the Chart Supplement.

Paragraph 6004 Class E Airspace Areas Designated as an Extension to
a Class D or Class E Surface Area.

* * * * *

ANM OR E4 Portland, OR [New]

Portland-Troutdale Airport, OR
    (Lat. 45[deg]32'58'' N, long. 122[deg]24'05'' W)

    That airspace extending upward from the surface within 2.3 miles
each side of the 212[deg] bearing from the airport extending from a
4-mile radius of the airport to 10.4 miles to the southwest of the
airport.

    Issued in Des Moines, Washington, on August 5, 2021.
B.G. Chew,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2021-17109 Filed 8-12-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 184 (Thursday, September 22, 2016)]
[Rules and Regulations]
[Pages 65269-65270]
[FR Doc No: 2016-22726]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2015-4074; Airspace Docket No. 15-AWP-16]

Amendment of Class E Airspace, Truckee, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes Class E surface area airspace and
modifies Class E airspace extending upward from 700 feet above the
surface at Truckee-Tahoe Airport, Truckee, CA, to increase safety and
enhance existing instrument flight rules (IFR) operations in the
immediate vicinity of the airport.

DATES: Effective 0901 UTC, January 5, 2017. The Director of the Federal
Register approves this incorporation by reference action under Title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11A, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the U.S. Department of Transportation, Docket Operations, 1200
New Jersey Avenue SE., West Bldg Ground Floor Rm W12-140, Washington,
DC 20590; Telephone: 1-800-647-5527, or<PHONE_NUMBER>. The Order is also
available for inspection at the National Archives and Records
Administration (NARA). For information on the availability of FAA Order
7400.11A at NARA, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html. FAA
Order 7400.11, Airspace Designations and Reporting Points, is published
yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Tom Clark, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends controlled airspace at Truckee-Tahoe Airport, Truckee, CA.

History

    On December 18, 2015, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to amend Class E airspace
extending upward from 700 feet above the surface at Truckee-Tahoe
Airport (80 FR 78988) Docket No. FAA-2015-4074. Interested parties were
invited to participate in this rulemaking effort by submitting written
comments on the proposal to the FAA. One comment was received
requesting the FAA to establish Class E surface airspace within a 4.2
mile radius to increase safety and enhance existing instrument flight
rules (IFR) procedures in the immediate vicinity of the airport. The
FAA concurred with the comment and on April 22, 2016, published in the
Federal Register a supplemental notice of proposed rulemaking (SNPRM)
to establish Class E surface airspace at Truckee-Tahoe Airport (81 FR
23658) Docket No. FAA-2015-4074. Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. No comments were received.
    Class E airspace designations are published in paragraph 6002 and
6005, respectively, of FAA Order 7400.11A, dated August 3, 2016, and
effective September 15, 2016, which is incorporated by reference in 14
CFR part 71.1. The Class E airspace designation listed in this document
will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11A, Airspace Designations and
Reporting Points, dated August 3, 2016, and effective September 15,
2016. FAA Order 7400.11A is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11A lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 establishes Class E surface area airspace within a 4.2-mile
radius of Truckee-Tahoe Airport, Truckee, CA. Also, this action
modifies Class E airspace extending upward from 700 feet above the
surface to within a 4.2-mile radius of the airport, with segments
extending from the 4.2-mile radius to 19 miles north and 16.5 miles
northwest of the airport, and removes reference to Homewood Seaplane
Base, which is no longer operational.
    Airspace modification is necessary to ensure the safety and
management of standard instrument approach and departure procedures for
IFR operations at the airport, with a minimum degree of airspace
restriction.

Regulatory Notices and Analyses

    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, is
non-controversial and unlikely to result in adverse or negative
comments. 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. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
 1. The authority citation for part 71 continues to read as follows:

     Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
 2. The incorporation by reference in 14 CFR 71.1 of FAA Order
7400.11A, Airspace Designations and Reporting Points, dated August 3,
2016, and effective September 15, 2016, is amended as follows:

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

AWP CA E2 Truckee, CA [New]

Truckee-Tahoe Airport, CA
    (Lat. 39[deg]19'12'' N., long. 120[deg]08'22'' W.)

    That airspace extending upward from the surface within a 4.2-
mile radius of Truckee-Tahoe Airport.

Paragraph 6005 Class E Airspace Areas Extending Upward from 700
feet or More Above the Surface of the Earth.

* * * * *

AWP CA E5 Truckee, CA [Modified]

Truckee-Tahoe Airport, CA
    (Lat. 39[deg]19'12'' N., long. 120[deg]08'22'' W.)

    That airspace extending upward from 700 feet above the surface
within a 4.2-mile radius of Truckee-Tahoe Airport, and within 2
miles each side of the Truckee-Tahoe Airport 015[deg] bearing
extending from the 4.2-mile radius to 19 miles north of the airport,
and within 2 miles each side of the airport 328[deg] bearing
extending from the 4.2-mile radius to 16.5 miles northwest of the
airport.

    Issued in Seattle, Washington, on August 16, 2016.
Richard Roberts,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2016-22726 Filed 9-21-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Notices]
[Pages 61288-61289]
[FR Doc No: 2017-27906]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER18-471-000]

Supplemental Notice That Initial Market-Based Rate Filing
Includes Request for Blanket Section 204 Authorization; States Edge
Wind I LLC

    This is a supplemental notice in the above-referenced proceeding of
States Edge Wind I LLC`s application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is January 9, 2018.
    The Commission encourages electronic submission of protests and

interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
[email protected]. or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: December 20, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-27906 Filed 12-26-17; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 151 (Monday, August 6, 2012)]
[Notices]
[Pages 46764-46765]
[FR Doc No: 2012-19086]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0011]

Clinical Studies of Safety and Effectiveness of Orphan Products
Research Project Grant (R01)

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of grant funds for the support of FDA's Office of Orphan
Products Development (OPD) grant program. The goal of FDA's OPD grant
program is to support the clinical development of products for use in
rare diseases or conditions where no current therapy exists or where
the proposed product will be superior to the existing therapy. FDA
provides grants for clinical studies on safety and/or effectiveness
that will either result in, or substantially contribute to, market
approval of these products. Applicants must include in the
application's Background and Significance section documentation to
support the assertion that the product to be studied meets the
statutory criteria to qualify for the grant and an explanation of how
the proposed study will either help support product approval or provide
essential data needed for product development.

DATES: Important dates are as follows:
    1. The application due dates are February 6, 2013; February 5,
2014. The resubmission due dates are October 15, 2013; October 15,
2014.
    2. The anticipated start dates are November 2013; November 2014.
    3. The opening date is December 6, 2013.
    4. The expiration date is February 6, 2014; October 16, 2014
(resubmission).
    For Further Information and Additional Requirements Contact:
Katherine Needleman, Office of Orphan Products Development, Food and
Drug Administration, 10903 New Hampshire Ave., Bldg. 32, rm. 5271,
Silver Spring, MD 20993-0002, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>or Vieda Hubbard, Office of
Acquisitions & Grant Services, 5630 Fishers Lane, rm. 2034, Rockville,
MD 20857, Phone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>    For more information on this funding opportunity announcement (FOA)
and to obtain detailed requirements, please refer to the full FOA
located at http://grants.nih.gov/grants/guide (select the ``Request for
Applications'' link), http://www.grants.gov (see ``For Applicants''
section), and http://www.fda.gov/ForIndustry/DevelopingProductsforRareDiseasesConditions/WhomtoContactaboutOrphanProductDevelopment/ucm134580.htm.

SUPPLEMENTARY INFORMATION:

I. Funding Opportunity Description

RFA-FD-13-001
93.103

A. Background

    The OPD was created to identify and promote the development of
orphan products. Orphan products are drugs, biologics, medical devices,
and medical foods that are indicated for a rare disease or condition.
The term ``rare disease or condition'' is defined in section 528 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360ee). FDA generally
considers drugs, devices, and medical foods potentially eligible for
grants under the OPD grant program if they are indicated for a disease
or condition that has a prevalence, not incidence, of fewer than
200,000 people in the United States. Diagnostics and vaccines are
considered potentially eligible for such grants only if the U.S.
population to whom they will be administered is fewer than 200,000
people in the United States per year.

B. Research Objectives

    The goal of FDA's OPD grant program is to support the clinical
development of products for use in rare diseases or conditions where no
current therapy exists or where the proposed product will be superior
to the existing therapy. FDA provides grants for clinical studies on
safety and/or effectiveness that will either result in, or
substantially contribute to, market approval of these products.
Applicants must include in the application's Background and
Significance section documentation to support the assertion that the
product to be studied meets the statutory criteria to qualify for the
grant and an explanation of how the proposed study will either help
support product approval or provide essential data needed for product
development.

C. Eligibility Information

    The grants are available to any foreign or domestic, public or
private, for-profit or nonprofit entity (including State and local
units of government). Federal Agencies that are not part of the
Department of Health and Human Services (HHS) may apply. Agencies that
are part of HHS may not apply. For-profit entities must commit to
excluding fees or profit in their request for support to receive grant
awards. Organizations that engage in lobbying activities, as described
in section 501(c)(4) of the Internal Revenue Code of 1968, are not
eligible to receive grant awards.

II. Award Information/Funds Available

A. Award Amount

    Of the estimated FY 2014 funding ($14.1 million), approximately $10
million will fund noncompeting continuation awards, and approximately
$4.1 million will fund 5 to 10 new awards, subject to availability of
funds. It is anticipated that funding for the number of noncompeting
continuation awards and new awards in FY 2015 will be similar to FY
2014. Phase 1 studies are eligible for grants of up to $200,000 per
year for up to 3 years. Phase 2 and 3 studies are eligible for grants
of up to $400,000 per year for up to 4 years. Please note that the
dollar limitation will apply to total costs (direct plus indirect).
Budgets for each year of requested support may not exceed the $200,000
or $400,000 total cost limit, whichever is applicable.

B. Length of Support

    The length of support will depend on the nature of the study. For
those studies with an expected duration of more than 1 year, a second,
third, or fourth year of noncompetitive continuation of support will
depend on the following factors: (1) Performance during the preceding
year; (2) compliance with regulatory requirements of IND/
investigational device exemption (IDE); and (3) availability of Federal
funds.

III. Electronic Application, Registration, and Submission

    Only electronic applications will be accepted. To submit an
electronic application in response to this FOA, applicants should first
review the full

announcement located at http://grants.nih.gov/grants/guide. For all
electronically submitted applications, the following steps are
required.
     Step 1: Obtain a Dun and Bradstreet (DUNS) Number
     Step 2: Register With Central Contractor Registration
     Step 3: Obtain Username & Password
     Step 4: Authorized Organization Representative (AOR)
Authorization
     Step 5: Track AOR Status
     Step 6: Register With Electronic Research Administration
(eRA) Commons
    Steps 1 through 5, in detail, can be found at http://www07.grants.gov/applicants/organization_registration.jsp. Step 6, in
detail, can be found at https://commons.era.nih.gov/commons/registration/registrationInstructions.jsp. After you have followed
these steps, submit electronic applications to: http://www.grants.gov.

    Dated: July 31, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2012-19086 Filed 8-3-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: June 2, 2009 (Volume 74, Number 104)]
[Proposed Rules]
[Page 26315-26317]
[DOCID:fr02jn09-21]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0497; Directorate Identifier 2009-NM-019-AD]
RIN 2120-AA64

Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 Airplanes; and Model ERJ 190-100 LR, -100 IGW,
-100 STD, -200 STD, -200 LR, and -200 IGW Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    It has been found the possibility of cracks developing in the
ram air turbine (RAT) machined support, located in the forward
compartment [zone 124] of [the] aircraft, due to downlock pin not
[being] pull[ed] during its retraction. In case of RAT failure or
malfunction, it will not provide electrical power to essential
systems of [the] aircraft in [an] electrical emergency situation.
* * * * *
    Lack of electrical power could result in reduced controllability of
the airplane. The proposed AD would require actions that are intended
to address the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by July 2, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Empresa Brasileira de Aeronautica S.A. (EMBRAER), Technical
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170-Putim-
12227-901 S[atilde]o Jose dos Campos-SP-BRASIL; telephone: +55 12 3927-
5852 or +55 12 3309-0732; fax: +55 12 3927-7546; e-mail:
<EMAIL_ADDRESS>Internet: http://www.flyembraer.com. You may
review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kenny Kaulia, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2848; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0497;
Directorate Identifier 2009-NM-019-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian
Airworthiness Directives 2008-10-05 and 2008-10-06, both dated November
10, 2008 (referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:

    It has been found the possibility of cracks developing in the
ram air turbine (RAT) machined support, located in the forward
compartment [zone 124] of [the] aircraft, due to downlock pin not
[being] pull[ed] during its retraction. In case of RAT failure or
malfunction, it will not provide electrical power to essential
systems of [the] aircraft in [an] electrical emergency situation.
* * * * *
Lack of electrical power could result in reduced controllability of the
airplane. Corrective actions include a detailed visual inspection for
cracking of the RAT machined support, replacing the support with a new
part if any crack is found, and reinforcing or replacing the support if
no crack is found. You may obtain further information by examining the
MCAI in the AD docket.

Relevant Service Information

    Embraer has issued Service Bulletins 170-53-0057, dated February
21, 2008; and 190-53-0027, dated February 18, 2008. The actions
described in this service information are intended to correct the
unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the

MCAI and service information referenced above. We are proposing this AD
because we evaluated all pertinent information and determined an unsafe
condition exists and is likely to exist or develop on other products of
the same type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 163 products of U.S. registry. We also estimate that
it would take about 60 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Required parts would cost about $7,535 per product. Where
the service information lists required parts costs that are covered
under warranty, we have assumed that there will be no charge for these
costs. As we do not control warranty coverage for affected parties,
some parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $2,010,605, or $12,335 per product.

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.
    We are 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

    We 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. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2009-0497; Directorate Identifier 2009-NM-019-AD.

Comments Due Date

    (a) We must receive comments by July 2, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model ERJ 170-100 LR, -100 STD, -
100 SE, -100 SU, -200 LR, -200 STD, and -200 SU airplanes, serial
numbers 17000002, 17000004 through 17000013 inclusive, and 17000015
through 17000208 inclusive; and Model ERJ 190-100 LR, -100 IGW, -100
STD, -200 STD, -200 LR, and -200 IGW airplanes, serial numbers
19000002, 19000004, and 19000006 through 19000152 inclusive;
certificated in any category.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    It has been found the possibility of cracks developing in the
ram air turbine (RAT) machined support, located in the forward
compartment [zone 124] of [the] aircraft, due to downlock pin not
[being] pull[ed] during its retraction. In case of RAT failure or
malfunction, it will not provide electrical power to essential
systems of [the] aircraft in [an] electrical emergency situation.
* * * * *
Lack of electrical power could result in reduced controllability of
the airplane. Corrective actions include a detailed visual
inspection for cracking of the RAT machined support, replacing the
support with a new part if any crack is found, and reinforcing or
replacing the support if no crack is found.

Actions and Compliance

    (f) Unless already done, do the following actions. Within 600
flight hours after the effective date of this AD: Perform a detailed
visual inspection for cracks in the RAT machined support, in
accordance with the Accomplishment Instructions in Embraer Service
Bulletin 170-53-0057, dated February 21, 2008; or Embraer Service
Bulletin 190-53-0027, dated February 18, 2008; as applicable.
    (1) If no crack is found, at the earlier of the times specified
in paragraphs (f)(1)(i) and (f)(1)(ii) of this AD, install
reinforcements in the RAT machined support or replace the RAT
machined support with a new support having part number 170-18676-
405, in accordance with the Accomplishment Instructions of Embraer
Service Bulletin 170-53-0057, dated February 21, 2008; or Embraer
Service Bulletin 190-53-0027, dated February 18, 2008; as
applicable.
    (i) Within 5,000 flight hours after accomplishing the inspection
required by paragraph (f) of this AD.
    (ii) Before further flight after the next two RAT deployments--
which can be a flight deployment or a maintenance review board task
procedure--after accomplishing the inspection required by paragraph
(f) of this AD.
    (2) If any cracking is found, before further flight, replace the
RAT machined support with a new support having part number 170-
18676-405, in accordance with the Accomplishment Instructions of
Embraer Service Bulletin 170-53-0057, dated February 21, 2008; or
Embraer Service Bulletin 190-53-0027, dated February 18, 2008; as
applicable.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information
as follows:
    Although the MCAI or service information allows further flight
after cracks are found during compliance with the required action,
paragraph (f)(2) of this AD requires that you replace any cracked
lug of the RAT machined support with a new support before further
flight.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. Send information to ATTN: Kenny Kaulia, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-2848; fax<PHONE_NUMBER>. Before using any approved AMOC
on any airplane to which the AMOC applies, notify your principal
maintenance inspector (PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal inspector, your local Flight
Standards District Office.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC) Airworthiness Directives 2008-10-
05 and 2008-10-06, both dated November 10, 2008; Embraer Service
Bulletin 170-53-0057, dated February 21, 2008; and Embraer Service
Bulletin 190-53-0027, dated February 18, 2008; for related
information.

    Issued in Renton, Washington, on May 20, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-12802 Filed 6-1-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 222 (Friday, November 16, 2018)]
[Notices]
[Pages 57782-57783]
[FR Doc No: 2018-24980]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84558; File No. SR-CBOE-2018-072]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Relating
To Modify Its Fee Schedule

November 9, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on November 6, 2018, Cboe Exchange, Inc. (the ``Exchange'' or
``Cboe Options'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') is
filing with the Securities and Exchange Commission (``Commission'') a
proposed rule change to modify its fee schedule.
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend its Fees Schedule to correct an
inadvertent oversight to update a reference to a transaction fee in the
Clearing Trading Permit Holder Fee Cap table (``Fee Cap Table'').
Specifically, on January 2, 2018, the Exchange filed a rule filing, SR-
CBOE-2018-001, which proposed, among other things, to increase the rate
for AIM Facilitation and Solicitation Contra Orders from $0.05 per
contract to $0.07 per contract, effective January 2, 2018.\3\ The
Exchange notes that

although it reflected the rate increase in the rate tables, it
mistakenly failed to update the rate referenced under the Fee Cap
Table, which table includes line items for, among other things, AIM
Facilitation and Solicitation Contra Orders. Accordingly, the Exchange
proposes to update the AIM Contra Order rates in the Fee Cap Table from
$0.05 per contract to $0.07 per contract. No substantive changes are
being made by the proposed rule change.
---------------------------------------------------------------------------

    \3\ On January 19, 2018, the Exchange withdrew SR-CBOE-2018-001
and submitted SR-CBOE-2018-007, which filing also proposed to
increase the contra rates from $0.05 per contract to $0.07 per
contract, effective January 2, 2018. See Securities Exchange Act
Release No. 82553 (January 19, 2018), 83 FR 3834 (January 26, 2018)
(SR-CBOE-2018-007).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\4\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \5\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes the proposed rule change to update an
inaccurate rate under the Fee Cap Table will alleviate potential
confusion, thereby removing impediments to and perfecting the mechanism
of a free and open market and a national market system and protecting
investors and the public interest. As noted above, the proposed filing
does not substantively change any transaction fees, but merely corrects
an inadvertent oversight from a previous rule filing.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change
does not address competitive issues, but rather, as discussed above, is
merely intended to correct an inadvertent marking omission relating to
a rate change made in a previous rule filing, which will alleviate
potential confusion.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any written comments from members or other interested parties.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \6\ and paragraph (f) of Rule 19b-4 \7\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
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    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-CBOE-2018-072 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-CBOE-2018-072. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CBOE-2018-072 and should be submitted on
or before December 7, 2018.
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    \8\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-24980 Filed 11-15-18; 8:45 am]
 BILLING CODE 8011-01-P