[Federal Register Volume 83, Number 26 (Wednesday, February 7, 2018)]
[Rules and Regulations]
[Pages 5340-5349]
[FR Doc No: 2018-02144]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 770

[EPA-HQ-OPPT-2017-0245; FRL-9972-68]
RIN 2070-AK36

Voluntary Consensus Standards Update; Formaldehyde Emission
Standards for Composite Wood Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is publishing this final rule to revise the formaldehyde
standards for composite wood products regulations . The revision
updates the incorporation by reference of multiple voluntary consensus
standards that have been updated, superseded, or withdrawn, and
provides a technical correction to allow panel producers to correlate
their approved quality control test method to the ASTM E1333-14 test
chamber, or, upon showing equivalence, the ASTM D6007-14 test chamber.

DATES: This final rule is effective on February 7, 2018. The
incorporation by reference of certain publications listed in the rule
is approved by the Director of the Federal Register as of February 7,
2018.

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2017-0245, is available at
http://www.regulations.gov or at the Office of Pollution Prevention and
Toxics Docket (OPPT Docket),

Environmental Protection Agency Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>, and the telephone
number for the OPPT Docket is<PHONE_NUMBER>. Please review the visitor
instructions and additional information about the docket available at
http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Erik Winchester, National
Program Chemicals Division, Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number:<PHONE_NUMBER>; email address:
[email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    You may be affected by this final rule if you manufacture
(including import), sell, supply, offer for sale, test, or work with
certification firms that certify hardwood plywood, medium-density
fiberboard, particleboard, and/or products containing these composite
wood materials in the United States. The following list of North
American Industrial Classification System (NAICS) codes is not intended
to be exhaustive, but rather provides a guide to help readers determine
whether this document applies to them. Potentially affected entities
may include:
     Veneer, plywood, and engineered wood product manufacturing
(NAICS code 3212).
     Manufactured home (mobile home) manufacturing (NAICS code
321991).
     Prefabricated wood building manufacturing (NAICS code
321992).
     Furniture and related product manufacturing (NAICS code
337).
     Furniture merchant wholesalers (NAICS code 42321).
     Lumber, plywood, millwork, and wood panel merchant
wholesalers (NAICS code 42331).
     Other construction material merchant wholesalers (NAICS
code 423390), e.g., merchant wholesale distributors of manufactured
homes (i.e., mobile homes) and/or prefabricated buildings.
     Furniture stores (NAICS code 4421).
     Building material and supplies dealers (NAICS code 4441).
     Manufactured (mobile) home dealers (NAICS code 45393).
     Motor home manufacturing (NAICS code 336213).
     Travel trailer and camper manufacturing (NAICS code
336214).
     Recreational vehicle (RV) dealers (NAICS code 441210).
     Recreational vehicle merchant wholesalers (NAICS code
423110).
     Engineering services (NAICS code 541330).
     Testing laboratories (NAICS code 541380).
     Administrative management and general management
consulting services (NAICS code 541611).
     All other professional, scientific, and technical services
(NAICS code 541990).
     All other support services (NAICS code 561990).
     Business associations (NAICS code 813910).
     Professional organizations (NAICS code 813920).
    If you have any questions regarding the applicability of this
action, please consult the technical person listed under FOR FURTHER
INFORMATION CONTACT.

II. Background

A. What action is the Agency taking?

    Following the publication of a Notice of Proposed Rulemaking (see
78 FR 34796 and 78 FR 34820) and promulgation of EPA's December 12,
2016 final rule addressing formaldehyde emission standards for
composite wood products (81 FR 89674), multiple voluntary consensus
standards that were incorporated by reference have been updated or
withdrawn and superseded. EPA is incorporating by reference into the
regulations at 40 CFR part 770 current versions of the voluntary
consensus standards assembled by:
     APA--the Engineered Wood Association,
     Composite Panel Association (CPA),
     American National Standards Institute (ANSI),
     American Society for Testing and Materials (ASTM),
     International Organization for Standardization (ISO),
     Japanese Standards Association (JIS), and
     National Institute of Standards and Technology (NIST).
    EPA is taking action to update several voluntary consensus
standards in the formaldehyde emission standards for composite wood
products final rule to reflect the current editions that are in-use by
regulated entities and industry stakeholders. EPA believes that this
action is warranted to facilitate regulated entities using the most up-
to-date voluntary consensus standards to comply with the final rule.
    1. Direct final rule and notice of proposed rulemaking. The Agency
published a direct final rule on October 25, 2017 (82 FR 49287) to
update several voluntary consensus standards that since publication of
the December 12, 2016 final rule, have been updated, superseded, or
withdrawn. Additionally, the action would have updated an existing
regulatory provision regarding the correlation of quality control test
methods. The Agency solicited public comment on a parallel proposed
action by issuing a companion Notice of Proposed Rulemaking (82 FR
49308) with the direct final rule. If EPA received adverse public
comment and had to withdraw the direct final rule, this parallel
proposed action would continue. EPA received six comments on this
action; three comments were not germane to the action, two were
supportive, and one of which the Agency considered to be adverse; thus,
the direct final rule was withdrawn on December 8, 2017, as published
in the Federal Register (82 FR 57874).
    Having withdrawn the direct final rule, EPA is taking action based
on the companion Notice of Proposed Rulemaking (NPRM), which includes
consideration of all public comments submitted in response to the
provisions discussed in the direct final rule and companion proposal.
EPA is issuing this final rule and a Response to Comments document
which addresses all of the comments received on this action. The
response to comments document can be found in the supporting documents
section of the final rule section of the docket for this action.
    2. Final rule. EPA is updating the references for multiple
voluntary consensus standards that were incorporated by reference into
the formaldehyde emission standards for composite wood products
regulations (40 CFR part 770) because they have been updated,
superseded, or withdrawn by their respective organization, as proposed
in the companion NPRM. Table 1 of this preamble outlines only the
voluntary consensus standards being addressed in this rulemaking and
their respective updated versions. Under 1 CFR part 51, the Director of
the Federal Register indefinitely approves specific versions of
individual standards for use in clearly identified sections. The
incorporation by reference of any other

voluntary consensus standard in part 770 remains unchanged. EPA would
need to initiate additional rulemaking to change any material
incorporated by reference in the part, including adding, updating, or
removing standard.

            Table 1--Voluntary Consensus Standards Comparison
------------------------------------------------------------------------
                                                        Update to be
 Current standard established         Status       promulgated effective
  by final rule 81 (FR 89674)                         February 7, 2018
------------------------------------------------------------------------
ANSI/AITC A190.1-2002 American  Updated version..  ANSI A190.1-2017
 National Standard for                              Standard for Wood
 Structural Glued Laminated                         Products--Structural
 Timber 1.                                          Glued Laminated
                                                    Timber 1.
ANSI A208.1-2009 American       Updated version..  ANSI A208.1-2016
 National Standard for                              American National
 Particleboard.                                     Standard for
                                                    Particleboard.
ANSI A208.2-2009 American       Updated version..  ANSI A208.2-2016
 National Standard for Medium                       American National
 Density Fiberboard for                             Standard for Medium
 Interior Applications.                             Density Fiberboard
                                                    for Interior
                                                    Applications.
ANSI-HPVA HP-1-2009 American    Updated version..  ANSI-HPVA HP-1-2016
 National Standard for                              American National
 Hardwood and Decorative                            Standard for
 Plywood.                                           Hardwood and
                                                    Decorative Plywood.
ASTM D5055-05 Standard          Updated version..  ASTM D5055-16
 Specification for                                  Standard
 Establishing and Monitoring                        Specification for
 Structural Capacities of                           Establishing and
 Prefabricated Wood I-Joists.                       Monitoring
                                                    Structural
                                                    Capacities of
                                                    Prefabricated Wood I-
                                                    Joists.
ASTM D5456-06 Standard          Updated version..  ASTM D5456-14b
 Specification for Evaluation                       Standard
 of Structural Composite                            Specification for
 Lumber Products.                                   Evaluation of
                                                    Structural Composite
                                                    Lumber Products.
ASTM D5582-00 Standard Test     Updated version..  ASTM D5582-14
 Method for Determining                             Standard Test Method
 Formaldehyde Levels from Wood                      for Determining
 Products Using a Desiccator.                       Formaldehyde Levels
                                                    from Wood Products
                                                    Using a Desiccator.
ASTM D6007-02 Standard Test     Updated version..  ASTM D6007-14
 Method for Determining                             Standard Test Method
 Formaldehyde Concentrations                        for Determining
 in Air from Wood Products                          Formaldehyde
 Using a Small-Scale Chamber.                       Concentrations in
                                                    Air from Wood
                                                    Products Using a
                                                    Small-Scale Chamber.
ASTM E1333-10 Standard Test     Updated version..  ASTM E1333-14
 Method for Determining                             Standard Test Method
 Formaldehyde Concentration in                      for Determining
 Air and Emission Rated from                        Formaldehyde
 Wood Products Using a Large                        Concentration in Air
 Chamber.                                           and Emission Rates
                                                    from Wood Products
                                                    Using a Large
                                                    Chamber.
BS EN 717-2: 1995 Wood-based    Withdrawn,         BS EN ISO 12460-
 panels--Determination of        superseded by BS   3:2015 Wood-based
 formaldehyde release--Part 2:   EN ISO 12460-      panels--Determinatio
 Formaldehyde release by the     3:2015.            n of formaldehyde
 gas analysis method.                               release. Part 3: Gas
                                                    analysis method.
BS EN 120: 1992 Wood-based      Withdrawn,         BS EN ISO 12460-
 panels. Determination of        superseded by BS   5:2015 Wood-based
 formaldehyde content--          EN ISO 12460-      panels--Determinatio
 Extraction method called the    5:2015.            n of formaldehyde
 perforator method.                                 release. Part 5:
                                                    Extraction method
                                                    (called the
                                                    perforator method).
JIS A1460:2001(E) Building      Updated version..  JIS A1460:2015
 boards-determination of                            Determination of the
 formaldehyde emission--                            emission of
 Desiccator method.                                 formaldehyde from
                                                    building boards--
                                                    Desiccator method.
PS-1-07 Structural Plywood....  Updated version..  PS-1-09 Structural
                                                    Plywood.
PS-2-04 Performance Standard    Updated version..  PS-2-10 Performance
 for Wood-Based Structural-Use                      Standard for Wood-
 Panels.                                            Based Structural-Use
                                                    Panels.
------------------------------------------------------------------------
1 Note that the ANSI/AITC 190.1-2002 Standard is no longer under the
  American Institute of Timber Construction purview for the 2017
  version, and is now an APA--the Engineered Wood Association managed
  standard.

    EPA adopts all of the updated versions of the standards referenced
in Table 1 in this rule. Any future versions or updates to withdrawn/
superseded standards will be announced by EPA through a separate
Federal Register document with opportunity for public comment.
    EPA is also taking final action on several technical corrections to
references to the ISO/IEC 17020:2012(E) in the testing correlation
requirements under Sec.  770.20, as discussed below. The Agency did not
receive any adverse comment related specifically to these technical
corrections.
    EPA received approval to incorporate ISO/IEC 17020: 2012(E) by
reference into part 770, as part of the December 2016 final rule,
instead of the 1998 version that was originally proposed. However, that
updated version was not reflected everywhere in that published rule.
This rule corrects those remaining instances and ensures that all of
the references are to the version of the standard that is approved for
incorporation by reference.
    EPA is also finalizing a revision at Sec.  770.20(d)(2)(i) to allow
the correlation of the tests conducted through the quality control
methods listed in Sec.  770.20(b) to either ASTM E1333-14 or, upon a
showing of equivalence, ASTM D6007-14 test chamber tests. The
California Air Resources Board (CARB) under its Air Toxic Control
Measure (ATCM) has approved the use of ASTM D6007-14 test chambers that
have previously shown equivalence under Sec.  770.20(d) to an ASTM
E1333-14 test chamber to be correlated to other mill quality control
method tests listed in Sec.  770.20(b). According to CARB staff, this
is the commonly used method for conducting correlation between test
methods. Several third-party certifiers, regulated entities and their
associations expressed the importance of allowing mill quality control
tests to be correlated to ASTM D6007-14 test chambers as they currently
operate under the CARB ATCM using this approach and not allowing test
chamber correlation in this manner under TSCA Title VI would
significantly disrupt product certifications and supply chain
processes. EPA agrees that significant disruptions would occur,
including problems with completing testing which would lead to
significant shortfalls in supply of TSCA Title VI certified product if
the correlation of mill quality control tests were allowed only through
the use of ASTM E1333-14 test chambers. Additionally, based on
consultations with the CARB staff, allowing correlation to be
established through the use of ASTM D6007-14 test chambers in addition
to the ASTM E1333-14 test chambers does not result in a decrease in
testing reliability and yields comparable results if the ASTM D6007-14
test chambers have shown equivalence to the ASTM E1333-14 test
chambers. To maintain consistency with this revision, EPA is also
updating the definition of quality control limit (QCL)

to allow for the use of the ASTM E1333-14 test chamber, or, upon
showing equivalence, the ASTM D6007-14 test chamber.
    To aid mills and third-party certifiers in understanding the
practical implications of this revision, and to help them implement
this revision into the TSCA Title VI program, the Agency is clarifying
that data generated beginning December 12, 2016 using an ASTM E1333-10
test chamber, or, upon showing equivalence, an ASTM D6007-02 test
chamber, and a panel producer's quality control (QC) test method under
Sec.  770.20(b)(1) may be used to establish the required annual
correlation. Data generated beginning December 12, 2016 from a panel
producer's QC test method under Sec.  770.20(b)(1) that has been
correlated to either an ASTM E1333-10 test chamber, or, upon showing
equivalence, an ASTM D6007-02 test chamber, may be used to certify
compliant composite wood products under the TSCA Title VI program until
a new annual correlation is required. Beginning on February 7, 2018,
data used to establish correlations must be generated using an ASTM
E1333-14 test chamber, or, upon showing equivalence, an ASTM D6007-14
test chamber and the panel producer's QC test method under Sec.
770.20(b)(1).

B. What is the Agency's authority for taking this action?

    These regulations are established under authority of Section 601 of
TSCA, 15 U.S.C. 2697.

III. Effective Date

    This final rule is not subject to the 30-day delay of effective
date generally required by 5 U.S.C. 553(d) because the amendments
relieve a restriction. See 5 U.S.C. 553(d)(1). Specifically, the
current regulation requires the correlation of the tests conducted
through the quality control methods listed in Sec.  770.20(b) to be to
ASTM E1333-14 test chamber tests. The amendments allow the correlation
of the tests conducted through the quality control methods listed in
Sec.  770.20(b) to be to either ASTM E1333-14 or, upon a showing of
equivalence, ASTM D6007-14 test chamber tests. This will provide
another option for testing and facilitate compliance by the regulated
entities. The amendments regarding the voluntary consensus standards
reflect the current voluntary consensus standards. To the extent that
the regulation required regulated entities to demonstrate compliance
according to outdated standards that have been updated, superseded, or
withdrawn by their respective organization, this change relieves that
restriction. This will avoid confusion over compliance, as the amended
versions represent the current voluntary consensus standards in use.
Moreover, EPA also finds that there is ``good cause'' under 5 U.S.C.
553(d)(3) to make the updates to the voluntary consensus standards
effective upon publication. The references for the voluntary consensus
standards are being updated because the prior versions have been
updated, superseded, or withdrawn by their respective organization. If
these updates were delayed by 30 days, regulated entities would face
uncertainty about whether current standards could be used to comply
with the rule. In addition, the regulated entities do not need a 30-day
delay in the effective date to prepare for these amendments because
they are already familiar with and able to apply the current voluntary
consensus standards.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action
because this action is not significant under Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden
under the PRA because it does not create any new reporting or
recordkeeping obligations. OMB has previously approved the information
collection activities contained in the existing regulations and has
assigned OMB control number 2070-0185.

D. Regulatory Flexibility Act (RFA)

    The Agency certifies that this action will not have a significant
economic impact on a substantial number of small entities under the
RFA. In making this determination, the impact of concern is any
significant adverse economic impact on small entities. An agency may
certify that a rule will not have a significant economic impact on a
substantial number of small entities if the rule relieves regulatory
burden, has no net burden or otherwise has a positive economic effect
on the small entities subject to the rule. This rule updates the
voluntary consensus standards that were incorporated by reference in
the final rule to the most current versions. The updated versions of
the standards are substantially similar to the previous versions. EPA
expects that many small entities are already complying with the updated
versions of the standards listed in Table
    This action would relieve these entities of the burden of having to
also demonstrate compliance with outdated versions of these standards.
This action also provides an amendment to the equivalence and
correlation requirements at Sec.  770.20 that would reduce testing
burdens without compromising the integrity of the data collected by
panel producers and third party certifiers to demonstrate compliance
with the emission standards in the final rule. This action will relieve
or have no net regulatory burden for directly regulated small entities.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects 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.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175. This final rule will not impose substantial
direct compliance costs on Indian tribal governments. Thus, Executive
Order 13175 does not apply to this action.

H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045, because it
does not concern an environmental health risk or safety risk. This
action is not subject to Executive Order 13045 because it is not
economically significant as defined in Executive Order 12866, and
because EPA does not believe the environmental health or safety risks
addressed by this

action present a disproportionate risk to children. As addressed in
Unit II.A., this action would not materially alter the final rule as
published, and will update existing voluntary consensus standards
incorporated by reference in the final rule and provide an amendment to
the testing requirements at Sec.  770.20.

I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR
Part 51

    This action involves voluntary consensus standards, many of which
EPA is directed to use by TSCA Title VI. Voluntary consensus standards
identified in the statute have been updated by the voluntary consensus
standard management bodies which antiquates the statutorily required
versions.
    EPA is updating voluntary consensus standards as issued by ASTM
International, ANSI, APA, HPVA, NIST, BSI, and JIS. Copies of the
standards referenced in the regulatory text have been placed in the
docket for this rule. Additionally, each of these standards is
available for inspection at the OPPT Docket in the EPA Docket Center
(EPA/DC) at Rm. 3334, EPA, West Bldg., 1301 Constitution Ave. NW,
Washington, DC. The EPA/DC Public Reading Room hours of operation are
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number of the EPA/DC Public Reading Room is
(202) 566-1744, and the telephone number for the OPPT Docket is (202)
566-0280. EPA has determined that all of these standards are reasonably
available to the class of persons affected by this rulemaking. The
following voluntary consensus standards are being updated:
    (a) APA, CPA, and HPVA standards. Copies of these standards may be
obtained from the specific publisher, as noted below, or from the
American National Standards Institute, 1899 L Street NW, 11th Floor,
Washington, DC 20036, or by calling<PHONE_NUMBER>, or at http://ansi.org. Note that ANSI/APA A190.1-2017 is published by APA--the
Engineered Wood Association. ANSI A208.1-2016 and ANSI A208.2-2016 are
published by the Composite Panel Association. And ANSI ANSI/HPVA-HP-1-
2016 is published by the Hardwood Plywood Veneer Association.
    1. ANSI/APA A190.1-2017, Structural Glued Laminated Timber. This
standard describes minimum requirements for the manufacture and
production of structural glued laminated timber, including size
tolerances, grade combinations, lumber, adhesives, and appearance
grades.
    2. ANSI A208.1-2016, American National Standard, Particleboard.
This standard describes the requirements and test methods for
dimensional tolerances, physical and mechanical properties and
formaldehyde emissions for particleboard, along with methods of
identifying products conforming to the standard.
    3. ANSI A208.2-2016, American National Standard, Medium Density
Fiberboard (MDF) for Interior Applications. This standard describes the
requirements and test methods for dimensional tolerances, physical and
mechanical properties and formaldehyde emissions for MDF, along with
methods of identifying products conforming to the standard.
    4. ANSI/HPVA HP-1-2016, American National Standard for Hardwood and
Decorative Plywood. This standard details the specific requirements for
all face, back, and inner ply grades of hardwood plywood as well as
formaldehyde emission limits, moisture content, tolerances, sanding,
and grade marking.
    (b) ASTM material. Copies of these materials may be obtained from
ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West
Conshohocken, PA 19428-2959, or by calling (877) 909-ASTM, or at http://www.astm.org.
    1. ASTM E1333-14, Determining Formaldehyde Concentrations in Air
and Emission Rates from Wood Products Using a Large Chamber. This test
method measures the formaldehyde concentration in air and emission rate
from wood products containing formaldehyde under conditions designed to
simulate product use. The concentration in air and emission rate is
determined in a large chamber under specific test conditions of
temperature and relative humidity. The general procedures are also
intended for testing product combinations at product-loading ratios and
at air-exchange rates typical of the indoor environment.
    2. ASTM D6007-14, Determining Formaldehyde Concentrations in Air
from Wood Products Using a Small-Scale Chamber. This test method
measures the formaldehyde concentrations in air from wood products
under defined test conditions of temperature and relative humidity.
Results obtained from this small-scale chamber test method are intended
to be comparable to results obtained testing larger product samples by
the large chamber test method for wood products, Test Method E 1333.
    3. ASTM D5582-14, Determining Formaldehyde Levels from Wood
Products Using a Dessicator. This test method describes a small scale
procedure for measuring formaldehyde emissions potential from wood
products. The formaldehyde level is determined by collecting airborne
formaldehyde in a small distilled water reservoir within a closed
desiccator. The quantity of formaldehyde is determined by a
chromotropic acid test procedure.
    4. ASTM D5456-14b, Evaluation of Structural Composite Lumber
Products. This specification describes initial qualification sampling,
mechanical and physical tests, analysis, and design value assignments.
Requirements for a quality-control program and cumulative evaluations
are included to ensure maintenance of allowable design values for the
product.
    5. ASTM D5055-16, Establishing and Monitoring Structural Capacities
of Prefabricated Wood I-Joists. This specification gives procedures for
establishing, monitoring, and reevaluating structural capacities of
prefabricated wood I-joists, such as shear, moment, and stiffness. The
specification also provides procedures for establishing common details
and itemizes certain design considerations specific to wood I-joists.
    (c) CEN materials. Copies of these materials are not directly
available from the European Committee for Standardization, but from one
of CEN's National Members, Affiliates, or Partner Standardization
Bodies. To purchase a standard, go to CEN's website, http://www.cen.eu,
and select ``Products'' for more detailed information.
    1. BS EN 12460-3: 2015, Wood-based Panels--Determination of
Formaldehyde Release [Part 3: Gas Analysis Method]. This British
Version of the European standard describes a procedure for
determination of accelerated formaldehyde release from wood-based
panels.
    2. BS EN 12460-5: 2015, Wood-based Panels--Determination of
Formaldehyde Release [Part 5: Extraction Method (Called the Perforator
Method)]. This British Version of the European standard describes an
extraction method, known as the perforator method, for determining the
formaldehyde content of unlaminated and uncoated wood-based panels.
    (d) Copies of JIS A 1460: 2015, Determination of the Emission of
Formaldehyde from Building Boards--

Desiccator Method, English Version, may be obtained from Japanese
Industrial Standards, 1-24, Akasaka 4, Minatoku, Tokyo 107-8440, Japan,
or by calling +81-3-3583-8000, or at http://www.jsa.or.jp. This method
describes a method for testing formaldehyde emissions from construction
boards by measuring the concentration of formaldehyde absorbed in
distilled or deionized water from samples of a specified surface area
placed in a glass desiccator for 24 hours.
    (e) NIST material. Copies of these materials may be obtained from
the National Institute of Standards and Technology (NIST) by calling
(800) 553-6847 or from the U.S. Government Printing Office (GPO). To
purchase a NIST publication you must have the order number. Order
numbers may be obtained from the Public Inquiries Unit at (301) 975-
NIST. Mailing address: Public Inquiries Unit, NIST, 100 Bureau Dr.,
Stop 1070, Gaithersburg, MD 20899-1070. If you have a GPO stock number,
you can purchase printed copies of NIST publications from GPO. GPO
orders may be mailed to: U.S. Government Printing Office, P.O. Box
979050, St. Louis, MO 63197-9000, placed by telephone at<PHONE_NUMBER>
(DC Area only:<PHONE_NUMBER>), or faxed to<PHONE_NUMBER>. Additional
information is available online at: http://www.nist.gov.
    1. PS 1-09, Structural Plywood. This standard describes the
principal types and grades of structural plywood, covering the wood
species, veneer grading, adhesive bonds, panel construction and
workmanship, dimensions and tolerances, marking, moisture content and
packaging of structural plywood intended for construction and
industrial uses. Test methods to determine compliance and a glossary of
trade terms and definitions are included, as is a quality certification
program involving inspection, sampling, and testing of products
identified as complying with this standard by qualified testing
agencies.
    2. PS 2-10, Performance Standard for Wood-Based Structural-Use
Panels. This standard covers performance requirements, adhesive bond
performance, panel construction and workmanship, dimensions and
tolerances, marking, and moisture content of structural-use panels,
such as plywood, waferboard, oriented strand board, structural particle
board, and composite panels. The standard includes test methods, a
glossary of trade terms and definitions, and a quality certification
program involving inspection, sampling, and testing of products for
qualification under the standard.

K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    EPA has determined that the human health or environmental risk
addressed by this action will not have potential disproportionately
high and adverse human health or environmental effects on minority,
low-income or indigenous populations, as specified in Executive Order
12898. As addressed in Unit II.A., this action would not materially
alter the final rule as published, and will update existing voluntary
consensus standards incorporated by reference in the final rule and
provide an amendment to the testing requirements at Sec.  770.20.

L. Congressional Review Act (CRA)

    This action is subject to the CRA, and EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2). Section 808 of the CRA allows the issuing agency to make
a rule effective sooner than otherwise provided by CRA if the agency
makes a good cause finding that notice and public procedure is
impracticable, unnecessary, or contrary to the public interest. As
required by 5 U.S.C. 808(2), this determination is supported by a brief
statement in Unit III.

List of Subjects in 40 CFR Part 770

    Environmental protection, Formaldehyde, Incorporation by reference,
Reporting and recordkeeping requirements, Third-party certification,
Toxic substances, Wood.

    Dated: January 26, 2018.
E. Scott Pruitt,
Administrator.

    For the reasons set out in the preamble, title 40, chapter I, of
the Code of Federal Regulations is amended as follows:

PART 770--FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS

0
1. The authority citation for part 770 continues to read as follows:

    Authority: 15 U.S.C. 2697(d).

0
2. In Sec.  770.1, paragraphs (c)(3), (4), (5), (7), and (8) are
revised to read as follows:

Sec.  [thinsp]770.1   Scope and applicability.

* * * * *
    (c) * * *
    (3) Structural plywood, as specified in PS 1-09, Structural Plywood
(incorporated by reference, see Sec.  [thinsp]770.99).
    (4) Structural panels, as specified in PS 2-10, Performance
Standard for Wood-Based Structural-Use Panels (incorporated by
reference, see Sec.  [thinsp]770.99).
    (5) Structural composite lumber, as specified in ASTM D5456-14b,
Standard Specification for Evaluation of Structural Composite Lumber
Products (incorporated by reference, see Sec.  [thinsp]770.99).
* * * * *
    (7) Glued laminated lumber, as specified in ANSI A190.1-2017,
Standard for Wood Products--Structural Glued Laminated Timber
(incorporated by reference, see Sec.  [thinsp]770.99).
    (8) Prefabricated wood I-joists, as specified in ASTM D5055-16,
Standard Specification for Establishing and Monitoring Structural
Capacities of Prefabricated Wood I-Joists (incorporated by reference,
see Sec.  [thinsp]770.99).
* * * * *

0
3. In Sec.  [thinsp]770.3:
0
a. In the terms ``EPA TSCA Title VI Product Accreditation Body or EPA
TSCA Title VI Product AB'' and ``TPC laboratory'', remove
``17020:1998(E)'' and add in its place ``17020:2012(E)''; and
0
b. Revise the terms ``Hardboard,'' ``Hardwood plywood,'' ``Medium-
density fiberboard,'' ``Particleboard,'' and ``Quality control limit or
QCL''.
    The revisions read as follows:

Sec.  [thinsp]770.3  Definitions.

* * * * *
    Hardboard means a composite panel composed of cellulosic fibers,
consolidated under heat and pressure in a hot press by: A wet process;
or a dry process that uses a phenolic resin, or a resin system in which
there is no formaldehyde as part of the resin cross-linking structure;
or a wet formed/dry pressed process; and that is commonly or
commercially known, or sold, as hardboard, including any product
conforming to one of the following ANSI standards: Basic Hardboard
(ANSI A135.4-2012) (incorporated by reference, see Sec.
[thinsp]770.99), Prefinished Hardboard Paneling (ANSI A135.5-2012)
(incorporated by reference, see Sec.  [thinsp]770.99), Engineered Wood
Siding (ANSI A135.6-2012) (incorporated by reference, see Sec.
[thinsp]770.99), or Engineered Wood Trim (ANSI A135.7-2012)
(incorporated by reference, see Sec.  [thinsp]770.99). There is a
rebuttable

presumption that products emitting more than 0.06 ppm formaldehyde as
measured by ASTM E1333-14 (incorporated by reference, see Sec.
[thinsp]770.99) or ASTM D6007-14 (incorporated by reference, see Sec.
[thinsp]770.99) are not hardboard.
    Hardwood plywood means a hardwood or decorative panel that is
intended for interior use and composed of (as determined under ANSI/
HPVA HP-1-2016 (incorporated by reference, see Sec.  [thinsp]770.99))
an assembly of layers or plies of veneer, joined by an adhesive with a
lumber core, a particleboard core, a medium-density fiberboard core, a
hardboard core, a veneer core, or any other special core or special
back material. Hardwood plywood does not include military-specified
plywood, curved plywood, or any plywood specified in PS 1-09,
Structural Plywood (incorporated by reference, see Sec.
[thinsp]770.99), or PS 2-10, Performance Standard for Wood-Based
Structural-Use Panels (incorporated by reference, see Sec.
[thinsp]770.99). In addition, hardwood plywood includes laminated
products except as provided at Sec.  [thinsp]770.4.
* * * * *
    Medium-density fiberboard means a panel composed of cellulosic
fibers made by dry forming and pressing a resinated fiber mat (as
determined under ANSI A208.2-2016 (incorporated by reference, see Sec.
[thinsp]770.99)).
* * * * *
    Particleboard means a panel composed of cellulosic material in the
form of discrete particles (as distinguished from fibers, flakes, or
strands) that are pressed together with resin (as determined under ANSI
A208.1-2016 (incorporated by reference, see Sec.  [thinsp]770.99)).
Particleboard does not include any product specified in PS 2-10
(incorporated by reference, see Sec.  [thinsp]770.99).
* * * * *
    Quality control limit or QCL means the value from the quality
control method test that is the correlative equivalent to the
applicable emission standard based on the ASTM E1333-14 method
(incorporated by reference, see Sec.  [thinsp]770.99) or, upon showing
equivalence in accordance with Sec.  [thinsp]770.20(d), the ASTM D6007-
14 method (incorporated by reference, see Sec.  [thinsp]770.99).
* * * * *

0
4. In Sec.  [thinsp]770.7:
0
a. In paragraphs (a)(5)(i)(A) introductory text, (b)(1)(iv),
(c)(1)(iii), (c)(2)(v), and (c)(4)(i)(F), remove ``17020:1998(E)'' and
add in its place ``17020:2012(E)''; and
0
b. Revise paragraphs (a)(5)(i)(D) and (F), (b)(5)(i) introductory text,
(c)(1)(ii) and (v), (c)(2)(iv) and (viii), (c)(4)(i)(B), and
(c)(4)(v)(C).
    The revisions read as follows:

Sec.  [thinsp]770.7  Third-party certification.

    (a) * * *
    (5) * * *
    (i) * * *
    (D) A review of the approach that the TPC laboratory will use for
establishing correlation or equivalence between ASTM E1333-14 and ASTM
D6007-14, if used, (incorporated by reference, see Sec.
[thinsp]770.99) or allowable formaldehyde test methods listed under
Sec.  [thinsp]770.20.
* * * * *
    (F) A review of the accreditation credentials of the TPC
laboratory, including a verification that the laboratory has been
accredited to ISO/IEC 17025:2005(E) (incorporated by reference, see
Sec.  [thinsp]770.99) with a scope of accreditation to include this
part--Formaldehyde Standards for Composite Wood Products and the
formaldehyde test methods ASTM E1333-14 and ASTM D6007-14, if used, by
an EPA TSCA Title VI Laboratory AB (incorporated by reference, see
Sec.  [thinsp]770.99).
* * * * *
    (b) * * *
    (5) * * *
    (i) Accreditation. EPA TSCA Title VI Laboratory ABs must determine
the accreditation eligibility, and accredit if appropriate, each TPC
seeking recognition under the EPA TSCA Title VI Third-Party
Certification Program by performing an assessment of each TPC. The
assessment must include an on-site assessment by the EPA TSCA Title VI
Laboratory AB to determine whether the laboratory meets the
requirements of ISO/IEC 17025:2005(E) (incorporated by reference, see
Sec.  770.99), is in conformance with ISO/IEC 17020:2012(E)
(incorporated by reference, see Sec.  770.99) and the EPA TSCA Title VI
TPC requirements under this part including the formaldehyde test
methods ASTM E1333-14 and ASTM D6007-14 (incorporated by reference, see
Sec.  770.99), if used. In performing the on-site assessment, the EPA
TSCA Title VI Laboratory AB must:
* * * * *
    (c) * * *
    (1) * * *
    (ii) Be, or have a contract with a laboratory that is, accredited
by an EPA TSCA Title VI Laboratory AB to ISO/IEC 17025:2005(E)
(incorporated by reference, see Sec.  [thinsp]770.99) with a scope of
accreditation to include this part--Formaldehyde Standards for
Composite Wood Products--and the formaldehyde test methods ASTM E1333-
14 and ASTM D6007-14, if used (incorporated by reference, see Sec.
[thinsp]770.99);
* * * * *
    (v) Have demonstrated experience in performing or verifying
formaldehyde emissions testing on composite wood products, including
experience with test method ASTM E1333-14 and ASTM D6007-14, if used,
(incorporated by reference, see Sec.  [thinsp]770.99), and experience
evaluating correlation between test methods. Applicant TPCs that have
demonstrated experience with test method ASTM D6007-14 only, must be
contracting testing with a laboratory that has a large chamber and
demonstrate its experience with ASTM E1333-14.
    (2) * * *
    (iv) A copy of the TPC laboratory's certificate of accreditation
from an EPA TSCA Title VI Laboratory AB to ISO/IEC 17025:2005(E)
(incorporated by reference, see Sec.  [thinsp]770.99) with a scope of
accreditation to include this part--Formaldehyde Standards for
Composite Wood Products--and the formaldehyde test methods ASTM E1333-
14 and ASTM D6007-14 (incorporated by reference, see Sec.
[thinsp]770.99), if used;
* * * * *
    (viii) A description of the TPC's experience with test method ASTM
E1333-14 and/or ASTM D6007-14, if used, (incorporated by reference, see
Sec.  [thinsp]770.99), and experience evaluating correlation between
test methods. Applicant TPCs that have experience with test method ASTM
D6007-14 only, must be contracting testing with a laboratory that has a
large chamber and describe its experience with ASTM E1333-14; and
* * * * *
    (4) * * *
    (i) * * *
    (B) Verify each panel producer's quality control test results
compared with test results from ASTM E1333-14 and ASTM D6007-14, if
used, (incorporated by reference, see Sec.  [thinsp]770.99) by having
the TPC laboratory conduct quarterly tests and evaluate test method
equivalence and correlation as required under Sec.  [thinsp]770.20;
* * * * *
    (v) * * *
    (C) Notification of a panel producer exceeding its established QCL
for more than two consecutive quality control tests within 72 hours of
the time that the TPC becomes aware of the second exceedance. The
notice must include the product type, dates of the quality control
tests that exceeded the QCL, quality control test results, ASTM E1333-
14 (incorporated by reference, see Sec.  [thinsp]770.99) or ASTM D6007-
14 method (incorporated by reference, see

Sec.  [thinsp]770.99) correlative equivalent values in accordance with
Sec.  [thinsp]770.20(d), the established QCL value(s) and the quality
control method used.
* * * * *

0
5. In Sec.  [thinsp]770.10, paragraph (b) introductory text is revised
to read as follows:

Sec.  [thinsp]770.10  Formaldehyde emission standards.

* * * * *
    (b) The emission standards are based on test method ASTM E1333-14
(incorporated by reference, see Sec.  [thinsp]770.99), and are as
follows:
* * * * *

0
6. In Sec.  [thinsp]770.15, paragraphs (c)(1)(v) and (c)(2)(iii) are
revised to read as follows:

Sec.  [thinsp]770.15  Composite wood product certification.

* * * * *
    (c) * * *
    (1) * * *
    (v) At least five tests conducted under the supervision of an EPA
TSCA Title VI TPC pursuant to test method ASTM E1333-14 or ASTM D6007-
14 (incorporated by reference, see Sec.  [thinsp]770.99). Test results
obtained by ASTM D6007-14 must include a showing of equivalence in
accordance with Sec.  [thinsp]770.20(d)(1);
* * * * *
    (2) * * *
    (iii) At least five tests conducted under the supervision of an EPA
TSCA Title VI TPC pursuant to test method ASTM E1333-14 or ASTM D6007-
14 (incorporated by reference, see Sec.  [thinsp]770.99). Test results
obtained by ASTM D6007-14 must include a showing of equivalence in
accordance with Sec.  [thinsp]770.20(d)(1);
* * * * *

0
7. In Sec.  [thinsp]770.17, paragraph (a)(3) is revised to read as
follows:

Sec.  [thinsp]770.17  No-added formaldehyde-based resins.

    (a) * * *
    (3) At least one test conducted under the supervision of an EPA
TSCA Title VI TPC pursuant to test method ASTM E1333-14 or ASTM D6007-
14 (incorporated by reference, see Sec.  [thinsp]770.99). Test results
obtained by ASTM D6007-14 must include a showing of equivalence in
accordance with Sec.  [thinsp]770.20(d)(1); and
* * * * *

0
8. In Sec.  [thinsp]770.18, paragraph (a)(3) is revised to read as
follows:

Sec.  [thinsp]770.18  Ultra low-emitting formaldehyde resins.

    (a) * * *
    (3) At least two tests conducted under the supervision of an EPA
TSCA Title VI TPC pursuant to test method ASTM E1333-14 or ASTM D6007-
14 (incorporated by reference, see Sec.  [thinsp]770.99). Test results
obtained by ASTM D6007-14 must include a showing of equivalence in
accordance with Sec.  [thinsp]770.20(d)(1); and
* * * * *

0
9. In Sec.  [thinsp]770.20, paragraphs (b)(1)(i) through (iii), (vi),
and (vii), (c)(1), (d) introductory text, (d)(1), (d)(2) introductory
text, and (d)(2)(i) are revised to read as follows:

Sec.  [thinsp]770.20  Testing requirements.

* * * * *
    (b) * * *
    (1) * * *
    (i) ASTM D6007-14 (incorporated by reference, see Sec.
[thinsp]770.99).
    (ii) ASTM D5582-14 (incorporated by reference, see Sec.
[thinsp]770.99).
    (iii) BS EN ISO 12460-3:2015 E (Gas Analysis Method) (incorporated
by reference, see Sec.  [thinsp]770.99).
* * * * *
    (vi) BS EN ISO 12460-5:2015 E (Perforator Method) (incorporated by
reference, see Sec.  [thinsp]770.99).
    (vii) JIS A 1460:2015(E) (24-hr Desiccator Method) (incorporated by
reference, see Sec.  [thinsp]770.99).
* * * * *
    (c) * * *
    (1) Allowable methods. Quarterly testing must be performed using
ASTM E1333-14 (incorporated by reference, see Sec.  [thinsp]770.99) or,
with a showing of equivalence pursuant to paragraph (d) of this
section, ASTM D6007-14 (incorporated by reference, see Sec.
[thinsp]770.99).
* * * * *
    (d) Equivalence or correlation. Equivalence or correlation between
ASTM E1333-14 (incorporated by reference, see Sec.  [thinsp]770.99) and
any other test method used for quarterly or quality control testing
must be demonstrated by EPA TSCA Title VI TPCs or panel producers,
respectively, at least once each year for each testing apparatus or
whenever there is a significant change in equipment, procedure, or the
qualifications of testing personnel. Once equivalence or correlation
have been established for three consecutive years, equivalence or
correlation must be demonstrated every two years or whenever there is a
significant change in equipment, procedure, or the qualifications of
testing personnel.
    (1) Equivalence between ASTM E1333-14 and ASTM D6007-14 when used
by the TPC for quarterly testing. Equivalence must be demonstrated for
at least five comparison sample sets, which compare the results of the
two methods. Equivalence must be demonstrated for each small chamber
used and for the ranges of emissions of composite wood products tested
by the TPC.
    (i) Samples. (A) For the ASTM E1333-14 method (incorporated by
reference, see Sec.  [thinsp]770.99), each comparison sample must
consist of the result of testing panels, using the applicable loading
ratios specified in the ASTM E1333-14 method (incorporated by
reference, see Sec.  [thinsp]770.99), from similar panels of the same
product type tested by the ASTM D6007-14 method (incorporated by
reference, see Sec.  [thinsp]770.99).
    (B) For the ASTM D6007-14 method (incorporated by reference, see
Sec.  [thinsp]770.99), each comparison sample shall consist of testing
specimens representing portions of panels similar to the panels tested
in the ASTM E1333-14 method (incorporated by reference, see Sec.
[thinsp]770.99) and matched to their respective ASTM E1333-14 method
(incorporated by reference, see Sec.  [thinsp]770.99) comparison sample
result. The ratio of air flow to sample surface area specified in ASTM
D6007-14 (incorporated by reference, see Sec.  [thinsp]770.99) must be
used.
    (C) The five comparison sample must consist of testing a minimum of
five sample sets as measured by the ASTM E1333-14 method (incorporated
by reference, see Sec.  [thinsp]770.99).
    (ii) Average and standard deviation. The arithmetic mean, x, and
standard deviation, S, of the difference of all comparison sets must be
calculated as follows:

[GRAPHIC] [TIFF OMITTED] TR07FE18.001

Where x = arithmetic mean; S = standard deviation; n = number of sets;
D i = difference between the ASTM E1333-14 and ASTM D6007-14 method
(incorporated by reference, see Sec.  [thinsp]770.99) values for the i
th set; and i ranges from 1 to n.
    (iii) Equivalence determination. The ASTM D6007-14 method
(incorporated by reference, see Sec.  [thinsp]770.99) is considered
equivalent to the ASTM E1333-14 method (incorporated by reference, see
Sec.  [thinsp]770.99) if the following condition is met:
[GRAPHIC] [TIFF OMITTED] TR07FE18.002

Where C is equal to 0.026.
    (2) Correlation between ASTM E1333-14 and any quality control test
method. Correlation must be demonstrated by establishing an acceptable
correlation coefficient (``r'' value).
    (i) Correlation. The correlation must be based on a minimum sample
size of five data pairs and a simple linear regression where the
dependent variable (Y-axis) is the quality control test value and the
independent variable (X-axis) is the ASTM E1333-14 (incorporated by
reference, see Sec.  [thinsp]770.99) test value or, upon a showing of
equivalence in accordance with paragraph (d) of this section, the
equivalent ASTM D6007-14 (incorporated by reference, see Sec.
[thinsp]770.99) test value. Either composite wood products or
formaldehyde emissions reference materials can be used to establish the
correlation.
* * * * *

0
10. In Sec.  [thinsp]770.99, paragraphs (a) introductory text, (a)(5)
through (8), (b)(1) through (5), (c)(1) and (2), (f)(1), and (g)(1) and
(2) are revised to read as follows:

Sec.  [thinsp]770.99  Incorporation by reference.

* * * * *
    (a) CPA, APA, and HPVA Materials. Copies of these materials may be
obtained from the specific publisher, as noted in this paragraph (a),
or from the American National Standards Institute, 1899 L Street NW,
11th Floor, Washington, DC 20036, or by calling<PHONE_NUMBER>, or at
http://ansi.org/. Note that ANSI A190.1-2017 is published by APA--the
Engineered Wood Association. ANSI A135.4-2012, ANSI A135.5-2012, ANSI
A135.6-2012, ANSI A135.7-2012, ANSI A208.1-2016 and ANSI A208.2-2016
are published by the Composite Panel Association; and ANSI/HPVA-HP-1-
2016 is published by the Hardwood Plywood Veneer Association.
* * * * *
    (5) ANSI A190.1-2017, Standard for Wood Products--Structural Glued
Laminated Timber, Approved January 24, 2017, IBR approved for Sec.
[thinsp]770.1(c).
    (6) ANSI A208.1-2016, Particleboard, Approved May 12, 2016, IBR
approved for Sec.  [thinsp]770.3.
    (7) ANSI A208.2-2016, Medium Density Fiberboard (MDF) for Interior
Applications, Approved May 12, 2016, IBR approved for Sec.
[thinsp]770.3.
    (8) ANSI/HPVA HP-1-2016, American National Standard for Hardwood
and Decorative Plywood, Approved January 12, 2016, IBR approved for
Sec.  [thinsp]770.3.
    (b) * * *
    (1) ASTM D5055-16, Standard Specification for Establishing and
Monitoring Structural Capacities of Prefabricated Wood I-Joists,
Approved June 1, 2016, IBR approved for Sec.  [thinsp]770.1(c).
    (2) ASTM D5456-14b, Standard Specification for Evaluation of
Structural Composite Lumber Products, Approved October 1, 2014, IBR
approved for Sec.  [thinsp]770.1(c).
    (3) ASTM D5582-14, Standard Test Method for Determining
Formaldehyde Levels from Wood Products Using a Desiccator, Approved-
August 1, 2014, IBR approved for Sec.  [thinsp]770.20(b).
    (4) ASTM D6007-14, Standard Test Method for Determining
Formaldehyde Concentrations in Air from Wood Products Using a Small-
Scale Chamber, Approved October 1, 2014, IBR approved for Sec. Sec.
770.3, 770.7(a) through (c), 770.15(c), 770.17(a), 770.18(a), and
770.20(b) through (d).
    (5) ASTM E1333-14, Standard Test Method for Determining
Formaldehyde Concentrations in Air and Emission Rates from Wood
Products Using a Large Chamber, Approved October 1, 2014, IBR approved
for Sec. Sec.  770.3, 770.7(a) through (c), 770.10(b), 770.15(c),
770.17(a), 770.18(a), and 770.20(c) and (d).
    (c) * * *
    (1) BS EN ISO 12460-3:2015 E, Wood-based panels.--Determination of
formaldehyde release--Part 3: Gas analysis method, November 2015, IBR
approved for Sec.  770.20(b).
    (2) BS EN ISO 12460-5:2015 E, Wood based panels.--Determination of
formaldehyde release--Part 5: Extraction method (called the perforator
method), December 2015, IBR approved for Sec.  770.20(b).
* * * * *
    (f) * * *
    (1) JIS A 1460:2015(E), Determination of the emission of
formaldehyde from building boards--Desiccator method, First English
edition, published 2015-10, IBR approved for Sec.  770.20(b).
* * * * *
    (g) * * *
    (1) PS 1-09, Structural Plywood, May 2010, IBR approved for
Sec. Sec.  770.1(c) and 770.3.
    (2) PS 2-10, Performance Standard for Wood-Based Structural-Use
Panels, June

2011, IBR approved for Sec. Sec.  770.1(c) and 770.3.

[FR Doc. 2018-02144 Filed 2-6-18; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 196 (Thursday, October 14, 2021)]
[Notices]
[Page 57245]
[FR Doc No: 2021-22446]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2021-0012]

Petition for Exemption; Summary of Petition Received; The Boeing
Company

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, the FAA's exemption process. Neither publication of
this notice nor the inclusion or omission of information in the summary
is intended to affect the legal status of the petition or its final
disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before November 3, 2021.

ADDRESSES: Send comments identified by docket number FAA-2021-0681
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Deana Stedman, AIR-612, Federal
Aviation Administration, 2200 South 216th Street, Des Moines, WA 98198,
phone and fax<PHONE_NUMBER>, email [email protected].
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on October 8, 2021.
Daniel J. Commins,
Manager, Technical Writing Section.

Petition for Exemption

    Docket No.: FAA-2021-0681.
    Petitioner: The Boeing Company.
    Section(s) of 14 CFR Affected: Sec.  25.901(c) and appendix K25.1.1
to part 25.
    Description of Relief Sought: Boeing Commercial Airplanes is
petitioning for an exemption of the affected sections of 14 CFR for a
period of 7 years, to allow for independent incorporation of safety
improvements related to engine fan blade-out failure conditions. The
affected aircraft are Model 737-600/-700/-700C/-800/-900/and -900ER
airplanes.

[FR Doc. 2021-22446 Filed 10-13-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)]
[Notices]
[Pages 18640-18643]
[FR Doc No: 2018-08919]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0119]

Agency Information Collection Activities; Request for Comments;
Revision and Renewal of an Approved Information Collection: Medical
Qualification Requirements

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for its
review and approval and invites public comment. The FMCSA requests to
revise and renew an ICR titled, ``Medical Qualification Requirements,''
due to updated information for several of the Information Collections
(ICs) discussed. This ICR is needed to ensure that drivers, motor
carriers and the States are complying with the physical qualification
requirements of commercial motor vehicle (CMV) drivers. The information
collected is used to determine and certify driver medical fitness and
must be collected in order for our highways to be safe.

DATES: We must receive your comments on or before June 26, 2018.

ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Docket Number FMCSA-2018-0119 using any of the
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Services; U.S. Department of Transportation,
1200 New Jersey Avenue SE, West Building, Ground Floor, Room W12-140,
20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m.
and 5 p.m. e.t., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments, see
the Public Participation heading below. Note that all comments received
will be posted without change to http://www.regulations.gov, including
any

personal information provided. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov, and follow the
online instructions for accessing the dockets, or go to the street
address listed above.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement for the Federal Docket Management System
published in the Federal Register on January 17, 2008 (73 FR 3316), or
you may visit http://edocket.access.gpo.gov/2008/pdfE8-794.pdf.
    Public Participation: The Federal eRulemaking Portal is available
24 hours each day, 365 days each year. You can obtain electronic
submission and retrieval help and guidelines under the ``help'' section
of the Federal eRulemaking Portal website. If you want us to notify you
that we received your comments, please include a self-addressed,
stamped envelope or postcard, or print the acknowledgement page that
appears after submitting comments online. Comments received after the
comment closing date will be included in the docket and will be
considered to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Background: CMVs (trucks and buses) are longer, heavier, and more
difficult to maneuver than automobiles, making them a threat to highway
safety if not operated properly by qualified individuals. The public
interest in, and right to have, safe highways requires the assurance
that drivers of CMVs can safely perform the increased physical and
mental demands of their duties. FMCSA's medical standards provide this
assurance by requiring drivers to be examined and medically certified
as physically and mentally qualified to drive. Therefore, information
used to determine and certify driver medical fitness must be collected.
FMCSA is the Federal government agency authorized to require the
collection of this information. FMCSA is required by statute to
establish standards for the physical qualifications of drivers who
operate CMVs in interstate commerce for non-excepted industries [49
U.S.C. 31136(a)(3) and 31502(b)]. The regulations discussing this
collection are outlined in the Federal Motor Carrier Safety Regulations
(FMCSRs) at 49 CFR 390-399.
    Below is a brief description of the included IC activities and how
the information is used.

Physical Qualification Standards

    FMCSRs at 49 CFR 391.41 set forth the physical qualification
standards that interstate CMV drivers who are subject to part 391 must
meet, with the exception of commercial driver's license/commercial
learner's permit (CDL/CLP) drivers transporting migrant workers (who
must meet the physical qualification standards set forth in 49 CFR
398.3). The FMCSRs covering driver physical qualification records are
found at 49 CFR 391.43, which specify that a medical examination be
performed on CMV drivers subject to part 391 who operate in interstate
commerce. The results of the examination shall be recorded in
accordance with the requirements set forth in that section. The current
provisions of 49 CFR 391.51 and 398.3 require that a motor carrier
retain the Medical Examiner's Certificate (MEC), Form MCSA-5876, in the
driver's qualification (DQ) file for 3 years. The certificate affirms
that the driver is physically qualified to drive a CMV in interstate
commerce.
    Due to potential onset of new conditions or changes in existing
conditions that may adversely affect a driver's ability to drive safely
and/or cause incapacitation that could be a risk to public safety,
periodic re-evaluation and recertification is required to assess driver
physical qualification. MECs may be issued for up to 2 years after the
date of examination. However, drivers with certain medical conditions
must be certified more frequently than every 2 years. Medical Examiners
(MEs) have discretion to certify for shorter time periods on a case-by-
case basis for medical conditions that require closer monitoring or
that are more likely to change over time. In addition, the Safe,
Accountable, Flexible, Efficient Transportation Act: A Legacy for Users
requires MEs to transmit to FMCSA's Chief Medical Officer,
electronically and on a monthly basis, driver information and results
of any CMV driver medical examinations conducted during the previous
month. MEs are required to maintain records of the CMV driver medical
examinations they conduct. FMCSA does not require MEs to maintain these
records electronically. However, there is nothing to preclude a ME from
maintaining electronic records of the medical examinations he/she
conducts. FMCSA is continuously evaluating new information technology
in an attempt to decrease the burden on motor carriers and MEs. Less
frequent collection of driver data, Medical Examination Report Forms,
MCSA-5875, and MECs would compromise FMCSA's ability to determine ME
compliance with FMCSA's physical qualification standards and guidelines
in performing CMV driver medical examinations, which could result in
MEs listed on the National Registry of Certified Medical Examiners who
should be removed and possibly drivers that don't meet the physical
qualification standards possessing an MEC. Less frequent data
collection would also result in decreased validity of the data (i.e.,
less frequent data submission may increase the error rate due to
unintentional omission of examination information). Therefore, less
frequent collection of driver examination results is not an option.

Resolution of Medical Conflict

    The medical conflict provision provides a mechanism for drivers and
motor carriers to request that FMCSA make a final decision to resolve
conflicting medical evaluations when either party does not accept the
decision of a medical specialist. If two MEs disagree about the medical
certification of a driver, the requirements set forth in 49 CFR 391.47
mandate that the applicant (driver or motor carrier) submit a copy of a
report including results of all medical testing and the opinion of an
impartial medical specialist in the field in which the medical conflict
arose. The applicant may, if they choose to do so, submit the
information above using fax and/or email. FMCSA uses the information
collected from the applicant, including medical information, to
determine if the driver should or should not be qualified. Without this
provision and its incumbent driver medical information collection
requirements, an unqualified person may be permitted to drive and
qualified persons may be prevented from driving.

Medical Exemptions and Skills Performance Evaluation (SPE) Certificates

    FMCSA may, on a case by case basis, grant a medical exemption from
a physical qualification standard set forth in 49 CFR 391.41, if the
Agency determines the exemption is in the interest of the public and
would likely achieve a level of safety that is equivalent to, or
greater than, the level that would be achieved by complying with the
regulation. Individuals with limb impairments are permitted to operate
a CMV, but only when they are otherwise qualified and are granted a
Skills Performance Evaluation (SPE) certificate by FMCSA. Title 49 CFR
381.310 establishes the procedures that persons must follow to request
exemptions from FMCSA safety regulations. Without an exemption,
individuals who do not meet the requirements in 49 CFR 391.41 would not
be qualified to operate a CMV in interstate commerce. The application
process for all exemptions currently provides for electronic collection
of the application information by FMCSA for those applicants that
choose to do so. They are able to fax or scan and email documents to
FMCSA. In addition, the Diabetes and Vision Exemption Programs and the
SPE Certificate Program maintain a database of application information.
The Medical Programs Division maintains a database of application
information for hearing and seizure exemptions. FMCSA must collect
medical information about the driver's medical condition in order to
determine eligibility to receive an exemption or an SPE certificate.
The Agency requires all exemptions be renewed every 2 years to ensure
that the granting of the exemption does not diminish safety under 49
CFR 381.310. Exemption holders are required to submit annual medical
information for review to ensure the driver continues to meet the
physical qualification requirements. In the interest of highway safety,
the medical examination, exemption, and SPE renewal should not be
performed less frequently.

The National Registry of Certified Medical Examiners (National
Registry)

    The National Registry requires MEs that conduct physical
qualification examinations for interstate CMV drivers to complete
training concerning FMCSA physical qualification standards, pass a
certification test, and maintain competence through periodic training
and testing, all of which require information collection. ME candidates
submit demographic and eligibility data in order to register on the
National Registry website to begin the certification process. This data
is used to provide the public with contact information for those
medical professionals who are certified by FMCSA to conduct interstate
CMV driver medical examinations. Less frequent collection of ME
candidate test results and identity and eligibility information means
that there are less healthcare professionals attempting to become
certified which would result in fewer certified MEs being available to
the CMV driver and motor carrier population. This could place a huge
burden on drivers and motor carriers to find certified MEs to perform
their medical examinations. Therefore, less frequent collection of ME
candidate test results and identity and eligibility information is not
an option. MEs must provide specific driver medical examination
information for every driver they examine on medical forms required by
FMCSA and into the National Registry. Drivers must provide
identification and health history information on medical forms required
by FMCSA. The purpose for providing this information is to enable the
ME to determine if the driver is medically qualified under 49 CFR
391.41 and to ensure that there are no disqualifying medical conditions
that could adversely affect their safe driving ability or cause
incapacitation constituting a risk to the public. If this information
was not required, the threat to public safety would be immense and
unacceptable.
    The National Registry also requires motor carriers to verify the
national registry number of the MEs who certify their drivers and place
a note in the DQ file. Less frequent verification of the national
registry numbers by motor carriers would mean drivers may not have been
examined by a certified ME listed on the National Registry and they may
no longer meet the physical qualifications standards of the FMCSRs even
though they were previously certified as physically qualified.
    As a follow-on rule to the National Registry, the Medical
Examiner's Certification Integration final rule, (80 FR 22790),
modified several of the requirements adopted in the National Registry
final rule, some of which have a scheduled compliance date of June 22,
2018. Specifically, it requires (1) FMCSA to electronically transmit
from the National Registry to the State Driver's Licensing Agencies
(SDLAs) the driver identification information, examination results, and
restriction information from examinations performed for holders of
CLPs/CDLs (interstate and intrastate); (2) FMCSA to transmit
electronically to the SDLAs the medical variance information for all
CMV drivers; and (3) SDLAs to post the driver identification,
examination results, and restriction information received
electronically from FMCSA.
    However, as the Medical Examiner's Certification Integration final
rule compliance date of June 22, 2018, draws nearer, FMCSA has
reluctantly concluded that it will not be able to electronically
transmit MEC information from the National Registry to the SDLAs nor
will the SDLAs be able to electronically receive the MEC information
from the National Registry for posting to the CDLIS driver record as
intended by the Medical Examiner's Certification Integration final
rule. Due to a number of delays including an incident that occurred in
early December 2017 causing the Agency to take the National Registry
offline leading to interruptions in the development of the process for
the electronic transmission of MEC information and medical variances,
the final specifications for the electronic transmission of MEC
information have not been completed. Under these circumstances, neither
the Agency nor the stakeholders would be able to rely on the CDLIS
driver record as official proof of medical certification unless MEs
continue to issue the original paper MEC to qualified drivers and
drivers continue to provide the MEC to the SDLAs, as is being done
presently. All of the functions regarding electronic transmission of
data that are to be implemented on June 22, 2018, are dependent upon
the implementation of information technology infrastructure that will
not be available on June 22, 2018. For this reason, FMCSA anticipates
extending the compliance date to June 22, 2021, to ensure that the
SDLAs have sufficient time once the final specifications are released
to make the necessary information technology programming changes.
However, beginning on June 2, 2018, certified MEs will still be
required to report results of all completed CMV drivers' medical
examinations (including the results of examinations where the driver
was found not to be qualified) to FMCSA by midnight (local time) of the
next calendar day following the examination but must continue issuing
the original paper MEC to qualified drivers. All CMV drivers will
continue to provide the SDLA with their MEC as proof of medical
certification. As a result of this anticipated extension, there are no
additional annual burden hours or costs to respondents imposed by the
Medical Examiner's Certification Integration

final rule during the first 6 years of implementation of the final
rule. Therefore, all the IC activities imposed on the MEs, drivers, and
motor carriers over the first 6 years of implementing the Medical
Examiner's Certification Integration final rule will remain unchanged.
    Title: Medical Qualification Requirements.
    OMB Control Number: 2126-0006.
    Type of Request: Revision and renewal of a current approved
information collection Respondents: Commercial motor vehicle drivers,
motor carriers, medical examiners, testing centers.
    Estimated Number of Respondents: 65,503,280.
    Expiration Date: August 31, 2018.
    Estimated Total Annual Burden: 2,395,315 hours.
    This information collection is comprised of the following five
information collection activities:

Physical Qualification Standards

1,892,700 annual burden hours
4,813,510 annual respondents

Resolution of Medical Conflict

11 annual burden hours
3 annual respondents

Medical Exemptions

4,430 annual burden hours
7,332 annual respondents

SPE Certificate Program

2,714 annual burden hours
2,426 annual respondents

National Registry of Certified Medical Examiners

495,460 annual burden hours
680,009 annual respondents

    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) Whether the proposed
collection is necessary for the performance of FMCSA's functions; (2)
the accuracy of the estimated burden; (3) ways for FMCSA to enhance the
quality, usefulness, and clarity of the collected information; and (4)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize or include your
comments in the request for OMB's clearance of this information
collection.

    Issued under the authority of 49 CFR 1.87 on: April 20, 2018.
Kelly Regal,
Associate Administrator for Office of Research and Information
Technology.
[FR Doc. 2018-08919 Filed 4-26-18; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: March 26, 2008 (Volume 73, Number 59)]
[Rules and Regulations]
[Page 15866-15868]
[DOCID:fr26mr08-3]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21242; Directorate Identifier 2005-NE-09-AD;
Amendment 39-15442; AD 2008-07-01]
RIN 2120-AA64

Airworthiness Directives; Turbomeca Arriel 1B, 1D, 1D1, and 1S1
Turboshaft Engines

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive
(AD) for certain Turbomeca Arriel 1B, 1D, 1D1, and 1S1 turboshaft
engines. That AD currently requires initial and repetitive position
checks of the gas generator 2nd stage turbine blades on all Turbomeca
Arriel 1B, 1D, 1D1, and 1S1 turboshaft engines. That AD also currently
requires initial and repetitive replacements of 2nd stage turbines on
1B, 1D, and 1D1 engines only. This AD requires adding a 3,000 hour life
limit to Arriel 1B 2nd stage turbine blades. This AD results from
reports of failures of second stage turbine blades. We are issuing this
AD to prevent failures of the 2nd stage turbine blades, which could
result in uncommanded in-flight engine shutdown, and subsequent forced
autorotation landing or accident.

DATES: This AD becomes effective April 30, 2008. The Director of the
Federal Register approved the incorporation by reference of certain
publications listed in the regulations as of April 30, 2008. The
Director of the Federal Register previously approved the incorporation
by reference of Turbomeca Mandatory Alert Service Bulletins A292 72
0809, Update 1, dated October 4, 2005; and A292 72 0810, dated March
24, 2004; as of February 28, 2006 (71 FR 3754, January 24, 2006).

ADDRESSES: You can get the service information identified in this AD
from Turbomeca, 40220 Tarnos, France; telephone (33) 05 59 74 40 00,
fax (33) 05 59 74 45 15.
    The Docket Operations office is located at Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue,
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001.

FOR FURTHER INFORMATION CONTACT: James Lawrence, Aerospace Engineer,
Engine Certification Office, FAA, Engine and Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 by
superseding AD 2006-02-08R1, Amendment 39-14721 (71 FR 46390, August
14, 2006), with a proposed AD. The proposed AD applies to certain
Turbomeca Arriel 1B, 1D, 1D1, and 1S1 turboshaft engines. We published
the proposed AD in the Federal Register on March 9, 2007 (72 FR 10622).
That action proposed to require:
     Initial and repetitive position checks of the 2nd stage
turbine blades on Turbomeca Arriel 1B, 1D, 1D1, and 1S1 turboshaft
engines.
     Replacement of 2nd stage turbines on 1B and 1D1 engines
only.
     Initially replacing 2nd stage turbines in Arriel 1B, 1D,
and 1D1 turboshaft engines.

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 AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is provided in
the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

Comments

    We provided the public the opportunity to participate in the
development of this AD. We received no comments on the proposal or on
the determination of the cost to the public.

Addition of an Optional Terminating Action

    We have added to the AD, an option to terminate the repetitive
position check requirements by installing a new turbine, part number
(P/N) 0 292 25 039 0.

Correction of a Typographical Error in the Costs of Compliance

    We corrected the number of turbine replacements in the Costs of
Compliance from 587 to 571, and changed the total cost from $3,905,240
to $3,769,760.

Conclusion

    We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD as proposed.

Costs of Compliance

    We estimate that this AD will affect 721 engines installed on
helicopters of U.S. registry. We also estimate that it will take about
2 work-hours per engine to inspect all 721 engines and 40 work-hours
per engine to replace about 571 2nd stage turbines on 1B and 1D1
engines, and that the average labor rate is $80 per work-hour. Required
parts would cost about $3,200 per engine. Based on these figures, we
estimate the total cost of the AD to U.S. operators to be $3,769,760.

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 have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will 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 that this AD:
    (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) 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 summary of the costs to comply with this AD and
placed it in the AD Docket. You may get a copy of this summary at the
address listed under ADDRESSES.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the Federal Aviation Administration amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-14721 (71 FR
46390, August 14, 2006) and by adding a new airworthiness directive,
Amendment 39-15442, to read as follows:

2008-07-01 Turbomeca: Amendment 39-15442. Docket No. FAA-2005-21242;
Directorate Identifier 2005-NE-09-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April
30, 2008.

Affected ADs

    (b) This AD supersedes AD 2006-02-08R1, Amendment 39-14721 (71
FR 46390, August 14, 2006).

Applicability

    (c) This AD applies to Turbomeca Arriel 1B engines fitted with
2nd stage turbine modification TU 148, and Arriel 1D, 1D1, and 1S1
engines that do not incorporate TU 347. Arriel 1B engines are
installed on, but not limited to, Eurocopter France AS-350B and AS-
350A ``Ecureuil'' helicopters. Arriel 1D engines are installed on,
but not limited to, Eurocopter France AS-350B1 ``Ecureuil''
helicopters. Arriel 1D1 engines are installed on, but not limited
to, Eurocopter France AS-350B2 ``Ecureuil'' helicopters. Arriel 1S1
engines are installed on, but not limited to, Sikorsky Aircraft S-
76A and S-76C helicopters.

Unsafe Condition

    (d) This AD results from reports of failures of second stage
blades. We are issuing this AD to prevent failures of the 2nd stage
turbine blades, which could result in uncommanded in-flight engine
shutdown, and subsequent forced autorotation landing or accident.

Compliance

    (e) You are responsible for having the actions required by this
AD performed within the compliance times specified unless the
actions have already been done.

Initial Relative Position Check of 2nd Stage Turbine Blades

    (f) Do an initial relative position check of the 2nd stage
turbine blades using the Turbomeca mandatory alert service bulletins
(ASBs) specified in the following Table 1. Do the check before
reaching any of the intervals specified in Table 1 or within 50
hours time-in-service after the effective date of this AD, whichever
occurs later.

          Table 1.--Initial and Repetitive Relative Position Check Intervals of 2nd Stage Turbine Blade
----------------------------------------------------------------------------------------------------------------
                                   Initial relative position                             Mandatory Alert Service
      Turbomeca engine model             check interval          Repetitive interval            Bulletin
----------------------------------------------------------------------------------------------------------------
Arriel 1B (modified per TU 148)..  Within 1,200 hours time-   Within 200 hours time-in- A292 72 0807, Update 1,
                                    since-new (TSN) or time-   service-since-last-       dated October 26, 2006.
                                    since-overhaul (TSO) or    relative-position-check
                                    3,500 cycles-since-new     (TSLRPC).
                                    (CSN) or cycles-since-
                                    overhaul (CSO),
                                    whichever occurs earlier.
Arriel 1D1 and Arriel 1D.........  Within 1,200 hours TSN or  Within 150 hours TSLRPC.  A292 72 0809, Update No.
                                    TSO or 3,500 CSN or CSO,                             1, dated October 4,
                                    whichever occurs earlier.                            2005.
Arriel 1S1.......................  Within 1,200 hours TSN or  Within 150 hours TSLRPC.  A292 72 0810, dated
                                    TSO or 3,500 CSN or CSO,                             March 24, 2004.
                                    whichever occurs earlier.
----------------------------------------------------------------------------------------------------------------

Repetitive Relative Position Check of 2nd Stage Turbine Blades

    (g) Recheck the relative position of 2nd stage turbine blades at
the TSLRPC intervals specified in Table 1 of this AD, using the
mandatory ASBs indicated.

Credit for Previous Relative Position Checks

    (h) Relative position checks of 2nd stage turbine blades done
using Turbomeca Service Bulletin A292 72 0263, Update 1, 2, 3, or 4,
or A292 72 0807, dated March 24, 2004, comply with the initial
requirements of paragraph (f) of this AD.

Initial Replacement of 2nd Stage Turbines on Arriel 1B, 1D, and 1D1
Engines

    (i) Initially replace the 2nd stage turbine with a new or
overhauled 2nd stage turbine as follows:
    (1) Before accumulating 1,500 hours TSN or TSO on the module for
Arriel 1D and 1D1 engines.
    (2) Before accumulating 2,200 hours TSN or TSO on the module or
3,000 total hours TSN on the 2nd stage turbine blades, whichever
occurs first, for Arriel 1B engines.

Repetitive Replacements of 2nd Stage Turbines on Arriel 1B, 1D, and 1D1
Engines

    (j) Thereafter, replace the 2nd stage turbine with a new or
overhauled 2nd stage turbine within every 1,500 hours TSN or TSO on
the module for Arriel 1D and 1D1 engines, and within every 2,200
hours TSN or TSO on the module or 3,000 total hours TSN on the 2nd
stage turbine blades, for Arriel 1B engines.

Criteria for Overhauled 2nd Stage Turbines

    (k) Do the following to overhauled 2nd stage turbines,
referenced in paragraphs (i) and (j) of this AD:
    (1) You must install new blades in the 2nd stage turbines of
overhauled Arriel 1D and 1D1 engines.
    (2) You may install either overhauled blades with fewer than
3,000 total hours TSN or new blades in the 2nd stage turbines of
overhauled Arriel 1B engines.

Relative Position Check Continuing Compliance Requirements

    (l) All 2nd stage turbines, including those that are new or
overhauled, must continue to comply with the actions specified in
paragraphs (f), (g), and (j) of this AD.

Optional Terminating Action

    (m) Installing a new turbine, P/N 0 292 25 039 0, reference TU
347, terminates the requirements to perform the repetitive actions
specified in paragraphs (g) and (j) of this AD.

Alternative Methods of Compliance

    (n) The Manager, Engine Certification Office, has the authority
to approve alternative methods of compliance for this AD if
requested using the procedures found in 14 CFR 39.19.

Related Information

    (o) The EASA airworthiness directive 2007-0018R1, dated August
14, 2007, also addresses the subject of this AD.
    (p) Contact James Lawrence, Aerospace Engineer, Engine
Certification Office, FAA, Engine and Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>, fax (781) 238-
7199, for more information about this AD.

Material Incorporated by Reference

    (q) You must use the service information specified in Table 2 of
this AD to perform the actions required by this AD.
    (1) The Director of the Federal Register approved the
incorporation by reference of Turbomeca Mandatory Alert Service
Bulletin A292 72 0807, Update 1, dated October 26, 2006, in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) The Director of the Federal Register previously approved the
incorporation by reference of Turbomeca Mandatory Alert Service
Bulletins A292 72 0809, Update 1, dated October 4, 2005; and A292 72
0810, dated March 24, 2004; as of February 28, 2006 (71 FR 3754,
January 24, 2006).
    (3) Contact Turbomeca, 40220 Tarnos, France; telephone (33) 05
59 74 40 00, fax (33) 05 59 74 45 15 for a copy of this service
information. You may review copies at the FAA, New England Region,
12 New England Executive Park, Burlington, MA; or at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go to:
http://www.archives.gov/federal-register/cfr/ibr-locations.html.

                                      Table 2.--Incorporation by Reference
----------------------------------------------------------------------------------------------------------------
 Turbomeca Mandatory Alert Service
            Bulletin No.                      Page                Update No.                    Date
----------------------------------------------------------------------------------------------------------------
A292 72 0807, Total Pages: 18......  ALL..................  1....................  October 26, 2006.
A292 72 0809, Total Pages: 18......  ALL..................  1....................  October 4, 2005.
A292 72 0810, Total Pages: 14......  ALL..................  Original.............  March 24, 2004.
----------------------------------------------------------------------------------------------------------------

    Issued in Burlington, Massachusetts, on March 17, 2008.
Ann C. Mollica,
Acting Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
 [FR Doc. E8-5819 Filed 3-25-08; 8:45 am]

BILLING CODE 4910-13-P